MODULE CLJ: HUMAN RIGHTS EDUCATION 1.

Right against involuntary servitude

2. Right against imprisonment for non-payment of debt or
Human Rights poll tax
- The Philippine Supreme Court recognizes the fact that the definition 3. Constitutional rights of the accused
of human rights remains inconclusive. Nevertheless, it agrees that
“human rights seem to closely identify to the universally accepted • 2. POLITICAL RIGHTS- are those rights which enable us to
traits and attributes of an individual, along with what is generally participate in running the affairs of the government either directly or
considered to be his inherent and inalienable rights, encompassing indirectly.
almost all aspect of life.” As such, it may be argued that the term Example
human rights is a broad concept that its scope “can be understood to 1. Right to vote
include those that relate to include those that relate to an individual’s 2. Right to information on matters of public concern
social, economic, cultural, political and civil relations. 3. Right to initiative and referendum
- However, the basic definition of human rights is that these refer to
“those rights which pertain to all persons and are possessed by every • 3. ECONOMIC AND SOCIAL RIGHTS- are those rights which the law
individual because they are human”. Otherwise stated, human rights confers upon the people to enable them to achieve social and
are those rights which a person is entitled by reason of him being a economic development, thereby ensuring them their well- being,
part of the human family. Accordingly, human rights are inherent happiness and financial security.
rights and ae not concerned by the authority. Example
- In addition, human rights may be defined in the context of present-day 1. Right to property
understanding as those rights which human being cannot live with 2. Right to education
dignity, freedom, and justice in any nation or state regardless of color, 3. Promotion of social justice
place, birth, ethnicity, race, religion, sex or any of such consideration.
This concept is reflected in the Philippine Constitution when it • 4. CULTURAL RIGHTS- are those rights that ensure the well-being of
declares that “the state values the dignity of human person and the individual and foster the preservation, enrichment and dynamic
guarantees full respect for human rights” and consequently, The evolution of national culture based on the principle of unity in diversity
congress shall give highest priority to the enactment of measures that in a climate of free artistic and intellectual expression
protect and enhance the rights of all the people to dignity.
According to source
Concept of Human Rights, Philippine Perspective
• 1. NATURAL RIGHT- are God-given rights, acknowledge by
- It should be understood that human rights refer to the rights which everybody to be morally good. They are unwritten but they prevail as
belongs to a human person or being. This means that in order for this norms of society.
to exist, there should be “HUMAN EXISTENCE”. The concept of a Example
human, in general sense refer to right-holder, one who can demand 1. Right to life, dignity and self-development
these rights. He or she should be rightfully treated with dignity for the
reason that he is part of human family. • 2. CONSTITUTIONAL RIGHTS- are those which are conferred and
- Attached to this is the question of when does a human begin to exist? protected by the constitution and which cannot be modified or taken
- In the celebrated case of Imbong v. Ochoa, G.R. No. 204819, April away
8, 2014 the Supreme Court ruled that a human person began to exist
when a woman’s egg cell is fertilized by a man’s sperm cell. At the • 3. STATUTORY RIGHT- are those rights which are provided by law
precise moment the same was fertilized that is now entitled of the and promulgated by the law-making body and consequently, may be
most fundamental human right to life. abolished by the same body.
- Consequently, a contraceptive medicine which kills the fertilized egg
cell will amount to killing a human, an abortion. LIMITATION OF HUMAN RIGHTS

Attributes/Characteristics of Human Rights • It is interesting that human rights are not characterized as absolute,
1. INHERENT- Human rights are inherent because they are not which means that it may be subjected to restrictions or limitations.
granted by any authority. Human rights do not have to bought, earned However, these limitations are not absolute as well.
or inherited; they belong to people simply because they are human. • Generally, in order to qualify such limitations as valid interference on
Human rights are inherent to each individual. individual’s human rights, it must be established that these are
2. FUNDAMENTAL- Human rights are fundamental rights because proportionate to the result intended by that curtailment.
without them, the life and dignity of man will be meaningless.
3. INALIENABLE- Human rights cannot be taken away; no one has Clapham (2007) proposes a framework under which said restrictions may
the right to deprive another person of them for any reason. People still be tested
have human rights even the law of their countries do not recognize • This is summarized as follows:
them, or when they violate them. 1. Is there a legitimate aim to interference?
Example: When slavery is practiced, slaves still have 2. Is the interference prescribed by a clear and accessible law?
rights even though these rights are violated. 3. Is the interference proportionate to the identified legitimate aim and is
4. IMPRESCIPTIBLE- Human rights do not prescribe and cannot be necessary in a democratic society?
lost even if a man fails to use or assert them, even by a long passage
of time. • Noteworthy of the forgoing framework is the second aspect which
5. INDIVISIBLE- To live in dignity, all human beings are entitled to refers to the existence of a legislation. This means, then, that
freedom, security and decent standards of living concurrently. Human restrictions on human rights may be made only through a valid law.
rights are not capable of being divided. They cannot be denied even
when other rights are already been enjoyed. Restrictions of human rights may be exercised by the state through its
6. UNIVERSAL- Human Rights are universal in application and they police power
apply irrespective of one’s origin, status, or condition or place when • Conflict exists between the competing interest of an individual person
one lives. Human rights are enforceable without national border. to exercise his rights and of the state to enforce peace and order.
Human rights ae the same for all human regardless of race, sex, Police power allows the regulation of such right, especially through
religion, political o other opinion, national or social origin. We are all legislative acts. This is the power to prescribe regulations, to promote
born free, and equal in dignity and rights-human rights are universal. the health, morals, peace, education, good order or safety, and
7. INDEPENDENT- Human rights are interdependent because the general welfare of the people.
fulfillment or exercise of one cannot be had without the realization of • However, the use of this power should observe the standards which
the other. are clearly laid down by jurisprudence. First, there must be a
legitimate purpose, and second, it must be done through lawful
Classification of Human Rights means.
• A vague law which limits the exercise of human rights is not a
According to aspect of life legitimate restriction pursuant to void-for-vagueness doctrine.

• 1. CIVIL RIGHTS- are those rights which the law will enforce at the Human Rights Education
• The United Nations Decade for Human Rights Education (1995-2004)
instance of private individuals for the purpose of securing to them the
has defined as training, dissemination, and information efforts aimed
enjoyment of their means of happiness.
at the building of universal culture of human rights through the
Example:
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 imparting of knowledge and skills and the molding of attitude which • In a democracy, the preservation and enhancement of the dignity and
are directed to: worth of the human personality is the central core as well as the
1. The strengthening of respect for human rights and fundamental cardinal article of faith of our civilization. The inviolable character of
freedoms; man as an individual must be "protected to the largest possible extent
2. The full development of the human personality and the sense of in his thoughts and in his beliefs as the citadel of his person."
dignity; • The Bill of Rights is designed to preserve the ideals of liberty, equality
3. The promotion of understanding, respect, gender equality, and and security "against the assaults of opportunism, the expediency of
friendship among all nations, indigenous peoples and racial, national, the passing hour, the erosion of small encroachments, and the scorn
ethnic and linguistic group; and derision of those who have no patience with general principles
4. The enabling of all persons to participate effectively in a free society [Philippine Blooming Mills Employment Organization v. Philippine
5. The furtherance of the activities of the United Nations for the Blooming Mills, Co., G.R. No. L-31195 (1973)].
maintenance of Peace. • It is self-executing. It is recognized that legislation is unnecessary to
Human Rights Education as Human Right enable courts to effectuate constitutional provisions guaranteeing the
• Education in human right is itself a fundamental human right and also fundamental rights of life, liberty and the protection of property.
a responsibility. The mandate for human rights education is [Gamboa v. Teves, G.R. No. 176579 (2011)].
unequivocal: you have a human rights to know your rights.
Application to Private Individuals
Main goals of Human Rights Education • The Bill of Rights cannot be invoked against acts of private individuals.
• Human Rights Education encompasses: The equal protection erects no shield against private conduct,
 Knowledge and skills- learning about human rights is the however discriminatory or wrongful [Yrasuegui v. PAL)
main goal of Human Rights Education and mechanisms • Constitutional protection applies to government action and is meant
for their protection, as well as acquiring skills to apply as a restraint against sovereign authority. The Bill of Rights is not
them in daily life. meant to be invoked against private individuals, and governs relations
 Values, attitudes and behavior- developing values and between individuals and the state [People v. Marti, supra]GR. No.
reinforcing attitudes and behavior which uphold human 168081 (2008)].
rights
 Action- taking action to defend and promote human rights Private Acts
• The principle that the Bill of Rights applies only to actions taken by
3 main elements of human rights education state officials does not necessarily mean that a private individual
• First, the acquisition of knowledge and skills about human rights cannot violate the liberty of another. Violation of the Bill of Rights
• Second, the development of respectful values and attitudes and precisely as a constitutional guarantee can be done only by public
change the behavior that reflects human rights as values; and officials. But almost all these liberties are also guaranteed by Art. 32
• Third, the motivation of social action and empowerment of active of the Civil Code, thus making private violations actionable even if the
citizenship to advance respect for the rights of all. violation does not have a constitutional consequence [BERNAS, the
1987 Constitution of the Republic of the Philippines: A Commentary,
Who needs human rights education? 2009]
• Human Rights should be part of everyone’s education. However,
certain groups have a particular need for human rights education:
some because they are especially vulnerable to human rights abuses,
other because they hold official positions and upholding human rights
is their responsibility, still others because of their ability to influence DUE PROCESS OF LAW
and educate. • Section 1, Article III. – No person shall be deprived of life, liberty, or
• Among these groups are the following: property without due process of law, nor shall any person be denied
the equal protection of the laws.
Administrators of Justice • Due process is a guaranty against any arbitrariness on the part of the
a. Law enforcement personnel, including police and security forces, government, whether committed by the legislature, the executive or
prison officials the judiciary. [Cruz, p. 205]
b. Lawyers, judges and prosecutors • The due process clause has to do with the reasonableness of
c. Elected and appointed Public officials legislation enacted in pursuance of the police power. xxx The test or
d. Members of the military standard, as always, is reason. The police power legislation must be
firmly grounded on public interest and welfare, and a reasonable
Other professionals relation must exist between purposes and means. [Ichong v.
a. Educators Hernandez, supra].
b. Social Workers
c. Health Professionals Definition
d. Journalist and media representatives • Due process furnishes a standard to which the governmental action
should conform in order that deprivation of life, liberty or property, in
Organizations, associations and groups each appropriate case, be valid. The standard is responsiveness to
a. Women’s Organization the supremacy of reason, obedience to the dictates of justice. It has
b. Community activist and civic leaders been identified as freedom from arbitrariness. [Ermita-Malate Hotel
c. Minority groups and Motel Operators Association v. City of Manila, supra]
d. Members of business community
e. Trade unionists Constitutional Due Process
f. Indigenous people • Protects the individual from the government and assures him of his
g. Religious groups rights in criminal, civil, or administrative proceedings.
h. Children and youth • Lack or deficiency in constitutional procedural due process voids the
i. Refugees and displaced people decision made by the State.
j. People of all sexual orientation
k. Urban Poor Statutory Due Process
l. PWD • Found in the Labor Code and Implementing Rules protects
m. Migrant workers employees from being unjustly terminated without just cause after
notice and hearing.
CONSTITUNIONAL GUARANTEES ON HUMAN RIGHTS • Lack or deficiency in statutory procedural due process does NOT void
the decision of the corporation or company, if the dismissal is found to
The Bill of Rights, in General have been made with just cause. It would only give rise to claims for
• It is a declaration and enumeration of a person's fundamental civil nominal damages
and political rights. It also imposes safeguards against violations by
the government, by individuals, or by groups of individuals. Scope
• The Bill of rights governs the relationship between the individual and • Universal in application to all persons without regard to any difference
the state. Its concern is not the relation between individuals, between in race, color or nationality. Artificial persons are covered by the
private individual and other individuals. protection but only insofar as their property is concerned [Smith Bell
• What the Bill of Rights does is to declare some forbidden zones in the and Co. v. Natividad, G.R. No. 15574 (1919)].
private sphere inaccessible to any power holder” [People v. Marti, • The guarantee extends to aliens and includes the means of livelihood
G.R. No. 81561 (1991) [Villegas v. Hiu Chiong, G.R. No. L-29646 (1978)].
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 probable cause to be determined personally by the judge after
Concept of Right to Life, Liberty and Property examination under oath or affirmation of the complainant and the
Right to Life witnesses he may produce, and particularly describing the place to be
• It includes the right of an individual to his body in its completeness, searched and the persons or things to be seized.
free from dismemberment, and extends to the use of God-given
faculties which make life enjoyable [MALCOLM]. To whom is it directed
• It is understood to include quality of life – which is entitlement to a life • The constitutional right against unreasonable searches and seizures
lived with assurance that the government he established and is a personal right, invocable only by those whose rights have been
consented to will protect the security of person means: freedom from infringed.
fear; guarantee of bodily and psychological integrity, and guarantee of • It protects all persons, including aliens [Qua Chee Gan v. Deportation
protection of one‘s rights by the government [Secretary of National Board, G.R. No. L-10280 (1963)].
Defense v Manalo, G.R. No. 180906 (2008)].
Concept of a Search
• The constitutional right against unreasonable searches and seizures
is a personal right invocable only by those whose rights have been
Right to Liberty infringed or threatened to be infringed [Valmonte v. General De Villa,
• Liberty - the right to exist and the right to be free from arbitrary G.R. No. 83988 (1989)].
personal restraint or servitude. It includes the right of the citizen to be • What constitutes a reasonable or unreasonable search and seizure in
free to use his faculties in all lawful ways. [Rubi v. Provincial Board of any particular case is purely a judicial question, determinable from a
Mindoro, G.R. No. L-14078 (1919)] consideration of the circumstances involved [Id]
• "Liberty" as understood in democracies, is not license; it is "liberty
regulated by law." Implied in the term is restraint by law for the good Types of Warrants
of the individual and for the greater good of the peace and order of
society and the general well-being. [Link] Warrant
• It cannot be taken away except by due process of law. - is an order in writing, issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer,
• Civil Liberty - that measure of freedom which may be enjoyed in a commanding him to search for personal property described therein
civilized community, consistently with the peaceful enjoyment of like and bring it before the court [Sec. 1, Rule 126, Rules of Criminal
freedom in others. [Id.] Procedure, Rules of Court]
• The term cannot be dwarfed into mere freedom from physical restraint - Purpose: to gain evidence to convict
of the person of the citizen, but is deemed to embrace the right of
man to enjoy the faculties with which he has been endowed by his 2. Warrant of Arrest
Creator, subject only to such restraints as are necessary for the - is a written order issued and signed by a magistrate (judge in our
common welfare. [Id.] jurisdiction) directed to a peace officer or some other person specially
• Chief elements of the guaranty: named, commanding him to arrest the body of a person named in it,
a. Right to contract who is accused of an offense [Brown v. State, 109 Ala. 70, 20 South
b. Right to choose one’s employment 103]
c. Right to labor Right to locomotion [Id.] - Purpose: to acquire jurisdiction over the person of the accused

Right to Property Requisites of a Valid Warrant

• Property - anything that can come under the right of ownership and a. Existence of Probable Cause
be the subject of contract. It represents more than the things a person b. Probable cause must be personally determined by the Judge
owns; it includes the right to secure, use and dispose of them c. After personal examination under oath or affirmation of the
[Torraco v. Thompson, 263 US 197 (1923)]. Property and property complainant and the witnesses he may produce
rights can be lost through prescription. [Philippine Blooming Mills d. On the basis of their personal knowledge of the facts they are
Employees Organization v. Phil. Blooming Mills Co. Inc., supra] testifying to
• A mere reasonable or rational relation between the means employed e. There must be particularity in the description of the places to
by the law and its object or purpose — that the law is neither arbitrary searched and the persons or things to be seized
nor discriminatory nor oppressive — would suffice to validate a law f. The warrant must refer to one specific offense (Requisite added by
which restricts or impairs property rights. [Id.] jurisprudence)

Kinds of Due Process Existence of Probable Cause

1. Substantive Due Process • Probable Cause for Search Warrant: Such facts and circumstances
 It requires that the law must be fair, reasonable, just. which would lead a reasonably discreet and prudent man to believe
 The essence is fairness and justice that an offense has been committed AND the objects sought in
 Must be complied with by Lawmakers connection with the offense are in the place sought to be searched
[Burgos v. Chief of Staff, G.R. No. L-64261 (1984)].
- Substantive due process inquires whether the government has • Probable Cause for Warrant of Arrest: Such facts and circumstances
sufficient justification for depriving a person of life, liberty, or property. which would lead a reasonably discreet and prudent man to believe
[White Light Corporation v. City of Manila, G.R. No. 122846 (2009)]. that the person to be arrested is probably guilty thereof [Allado v.
Diokno, G.R. No. 113630 (1994)].
2. Procedural Due Process
 It refers to the method or manner by which a law is enforced. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
 Its essence is notice and hearing • Sec. 3, Art. III.
 Must be complied with by the adjudicating body or officer • (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety
- Procedural due process refers to the procedures that the government or order requires otherwise as prescribed by law.
must follow before it deprives a person of life, liberty, or property. It • (2) Any evidence obtained in violation of this or the preceding section
concerns itself with government action adhering to the established shall be inadmissible for any purpose in any proceeding.
process when it makes an intrusion into the private sphere. [White
Light Corporation v. City of Manila, supra Concept of communications, correspondence
• Our Bill of Rights, enshrined in Article III of the Constitution, provides
EQUAL PROTECTION OF LAWS at least two guarantees that explicitly create zones of privacy. It
• All persons or things similarly situated must be similarly treated both highlights a person's "right to be let alone" or the "right to determine
as to rights conferred and responsibilities imposed. what, how much, to whom and when information about himself shall
• Similar subjects, in other words, should not be treated differently, so be disclosed.“
as to give undue favor to some and unjustly discriminate against • Section 2 guarantees "the right of the people to be secure in their
others [Ichong v. Hernandez, supra]. persons, houses, papers and effects against unreasonable searches
and seizures of whatever nature and for any purpose."
RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES • Section 3 renders inviolable the "privacy of communication and
• Sec. 2, Art III. The right of the people to be secure in their persons, correspondence" and further cautions that "any evidence obtained in
houses, papers, and effects against unreasonable searches and violation of this or the preceding section shall be inadmissible for any
seizures of whatever nature and for any purpose shall be inviolable, purpose in any proceeding." [Sabio v. Gordon, G.R. No. 174340,
and no search warrant or warrant of arrest shall issue except upon October 17, 2006]
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 Concept
Requisites of the existence of the right to privacy: • Free speech and free press may be identified with the liberty to
• Subjective: A person has exhibited an actual expectation of privacy; discuss publicly and truthfully any matter of public interest without
and censorship and punishment [Newsounds Broadcasting v. Dy, G.R. No.
• Objective: The expectation be one that society is prepared to 170270 (2009)].
recognize as reasonable [Pollo v. Constantino-David, G.R. No. • In the Philippines, the primacy and high esteem accorded freedom of
181881 (2011)] expression is a fundamental postulate of our constitutional system.
The scope of freedom of expression is so broad that it extends
Forms of correspondence and communication covered: protection to nearly all forms of communication.
1. Letters • It protects speech, print and assembly regarding secular as well as
2. Messages political causes, and is not confined to any particular field of human
3. Telephone calls interest. [Chavez v. Gonzales, G.R. No. 16338 (2008)].
4. Telegrams
5. Others analogous to the foregoing [BERNAS] Continuum of thought, speech, expression, and speech acts
• The right to freedom of expression applies to the entire continuum of
speech from utterances made to conduct enacted, and even to
inaction itself as a symbolic manner of communication. [The Diocese
Intrusion, when and how allowed of Bacolod v. Commission on Elections, G.R. No. 205728, (2015)]
• General rule: An encroachment on the right to privacy is invalid when:
There is a reasonable expectation of privacy; and if there is no • Communication is an essential outcome of protected speech.
compelling state interest. Communication exists when “
• (1) a speaker, seeking to signal others, uses conventional
When Allowed actions because he or she reasonably believes that such
By lawful order of the court actions will be taken by the audience in the manner
• Probable cause in Sec. 2, Art. III should be followed for the court to intended; and
allow intrusion. Particularity of description is needed for written • (2) the audience so takes the actions." [Diocese of
correspondence, but if the intrusion is done through wire-taps and the Bacolod v. COMELEC, supra]
like, there is no need to describe the content. However, identity of the • The right is not limited to vocal communication. CONDUCT IS ALSO
person or persons whose communication is to be intercepted, and the INCLUDED.
offense or offenses sought to be prevented, and the period of the
authorization given should be specified.

When public safety or public order requires otherwise as may be FREEDOM OF RELIGION
provided by law • Sec. 5, Art. III. No law shall be made respecting an establishment of
• In Ayer Productions Pty. Ltd. v. Capulong [supra] it was held that the religion; or prohibiting the free exercise thereof. The free exercise and
right to be let alone is not an absolute right. A limited intrusion to a enjoyment of religious profession and worship, without discrimination
person’s privacy has long been regarded as permissible where that or preference, shall forever be allowed. No religious test shall be
person is a public figure and the information sought to be elicited from required for the exercise of civil or political rights.
him or to be published about him constitute matters of public
character. The interest sought to be protected by the right to privacy Purpose
is the right to be free from unwarranted publicity, from the wrongful • The twin clauses of free exercise and non-establishment express an
publicizing of the private affairs and activities of an individual which underlying relational concept of separation between religion and
are outside the realm of legitimate public concern. secular government. [BERNAS, supra].
• The constitutional inhibition on legislation on the subject of religion
Public Figure has a double aspect. On the one hand, it forestalls compulsion by law
• A limited intrusion into a person’s privacy is permissible where that of the acceptance of any creed or the practice of any form of worship.
person is a public figure and the information sought to be elicited from Freedom of conscience and freedom to adhere to such religious
him or to be published about him constitute matters of a public organization or form of worship as the individual may choose cannot
character. be restricted by law. On the other hand, it safeguards the free
• A public figure is a person who, by his accomplishments, fame, or exercise of the chosen form of religion. Thus, the Amendment
mode of living, or by adopting a profession or calling which gives the embraces two concepts – freedom to believe and freedom to act. The
public a legitimate interest in his doing, his affairs and his character, first is absolute, but in the nature of things, the second cannot be.
has become public personage. [Cantwell v. Connecticut, 310 U.S. 296, 303-4 (1940)].

Online Privacy Concept of Religion

• Before one can have an expectation of privacy in his or her online • “In Philippine jurisprudence, religion, for purposes of the religion
social networking activity, it is first necessary that said user, manifest clauses, has thus far been interpreted as theistic. In 1937, the
the intention to keep certain posts private, through the employment of Philippine case of Aglipay v. Ruiz involving the Establishment Clause,
measures to prevent access thereto or to limit its visibility (This case; defined religion as a profession of faith to an active power that binds
OSN Privacy Tools). Therefore, a Facebook user who opts to make and elevates man to his Creator. Twenty years later, the Court cited
use of a privacy tool to grant or deny access to his or her post or the Aglipay definition in American Bible Society v. City of Manila, a
profile detail should not be denied the informational privacy right case involving the Free Exercise clause. The latter also cited the
which necessarily accompanies said choice. American case of Davis in defining religion, viz: “(i)t has reference to
• Otherwise, using these privacy tools would be a feckless exercise, one’s views of his relations to His Creator and to the obligations they
such that if, for instance, a user uploads a photo or any personal impose of reverence to His being and character and obedience to His
information to his or her Facebook page, and sets its privacy level at Will” [Estrada v. Escritor, A.M. No. P-02-1651 (2003)].
“Only Me” or a custom list, such photo would still be deemed public by • Note: The Davis definition has been expanded to include non-theistic
the courts as if the user never chose to limit the photos accessibility. beliefs, but only in U.S. jurisprudence [Estrada v. Escritor, supra].
Such position, if adopted, will not only strip these privacy tools of their
function but it would also disregard the very intention of the user to Principle of Separation of Church and State
keep said photo or information within the confines of his or her private • Standards used in Deciding Religion Clause Cases: Separation
space [Vivares v. St. Theresa’s College, G.R. No. 202666 (2014)]. Protects the principle of church-separation with a rigid reading of the
principle Strict
Exclusionary Rule • Separation
• Any evidence obtained in violation of Secs. 2 or 3, Art. III shall be ● The wall of separation is meant to protect the state from the church
inadmissible for any purpose in any proceeding. [Section 3(2), Article ● There is an absolute barrier to formal interdependence of religion
III]. and state
● There is hostility between the two
FREEDOM OF SPEECH AND EXPRESSION
• Sec. 4, Art. III. No law shall be passed abridging the freedom of LIBERTY OF ABODE AND FREEDOM OF MOVEMENT
speech, of expression, or of the press, or the right of the people • Sec. 6, Art. III: The liberty of abode and of changing the same within
peaceably to assemble and petition the government for redress of the limits prescribed by law shall not be impaired except upon lawful
grievances. order of the court. Neither shall the right to travel be impaired except

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 in the interest of national security, public safety or public health, as District v. J. King and Sons Company, Inc., G.R. No.
may be provided by law 175983 (2009)].
• 5. Quasi-public corporations like the Philippine National
Scope Railways (PNR), PLDT, Meralco
• Freedom of movement includes two rights:
• 1. Liberty of abode Requisites for Valid Exercise
• 2. Liberty of travel 1. Private property
2. Genuine necessity - inherent/presumed in legislation, but when the
Limitations power is delegated (e.g. local government units), necessity must be
a. Liberty of Abode proven.
• May be impaired only upon lawful order of the court 3. For public use - Court has adopted a broad definition of “public
• The court itself is to be guided by the limits prescribed by law use”
• A condition imposed by the court in connection with the grant of bail is 4. Payment of just compensation
an example of a valid limitation to liberty 5. Due process [Manapat v. CA, supra]

b. Liberty of Travel Just Compensation

• May be impaired even without a lawful order of the court a. Definition
• BUT the appropriate executive officer (who may impair this right) is • “The property’s fair market value at the time of the filing of the
not granted arbitrary discretion to impose limitations complaint, or that sum of money which a person desirous to buy but
• He can only do so on the basis of “national security, public safety, or not compelled to buy, and an owner willing but not compelled to sell,
public health” and “as may be provided by law” (e.g. Anti-Terrorism would agree on as price to be given and received therefor” [National
Act, quarantine) Power Corporation v. Baguio, G.R. No. L-15763 (2008)]
• Impairment of this liberty is subject to judicial review
b. Determination of just compensation
Freedom of Association • Determination of just compensation is a judicial function that cannot
• Sec. 8, Art. III. The right of the people, including those employed in “be usurped by any other branch or official of the government”
the public and private sectors, to form unions, association, or [National Power Corporation v. Zabala, G.R. No. 173520 (2013)]:
societies for purposes not contrary to law shall not be abridged.
Scope • General Rule: Computed at the time of the filing of the complaint for
• The right is recognized as belonging to people whether employed or expropriation [Sec. 4, Rule 67, ROC], whether the filing takes place
unemployed, and whether in the government or in the private sector. before or at the same time as the taking or entry.
It includes the right to unionize. The State does not infringe on the • When the taking of the property sought to be expropriated coincides
fundamental right to form lawful associations when it leaves to with the commencement of the expropriation proceedings, or takes
citizens the power and liberty to affiliate or not affiliate with labor place subsequent to the filing of the complaint for eminent domain,
unions [Victoriano v. Elizalde Rope Workers Union, G.R. No. L25246 the just compensation should be determined as of the date of the
(1974)]. filing of the complaint [City of Iloilo v. Judge Contreras Besana, G.R.
• Every group has a right to join the democratic process, association No. 168967 (2010)].
itself being an act of expression of the member’s belief, even if the • Exception: When property is taken before filing the complaint,
group offends the sensibilities of the majority. assessment should be made as of the time of taking or entry.
• Any restriction to such requires a compelling state interest to be
proven by the State [Ang Ladlad LGBT Party v. COMELEC, G.R. No. NON-IMPAIRMENT OF CONTRACTS
190582 (2010)]. • Sec. 10, Art. III. No law impairing the obligation of contracts shall be
passed.
Freedom not to associate • The non-impairment clause is limited in application to laws that
• Freedom of association presupposes freedom not to associate derogate from prior acts or contracts by enlarging, abridging or in any
[Roberts v. United States Jaycees, supra]. manner changing the intention of the parties [PADPAO v. COMELEC,
• Government actions that unconstitutionally burden that right may take G.R. No. 223505 (2017)].
many forms, one of which is intrusion into a group’s internal affairs by
forcing it to accept a member it does not desire. Such forced • This provision prohibits the passing of a law that changes the terms of
membership is unconstitutional if the person’s presence affects in a an already existing contract which:
significant way the group’s ability to advocate public or private 1. Changes the terms of a contract between the parties
viewpoints [Boy Scouts of America v. Dale, 530 U.S. 640 (2000)] 2. Imposes new conditions
3. Dispenses with those agreed upon or
EMINENT DOMAIN 4. Withdraws remedies for the enforcement of the rights of the parties
• Sec. 9, Art. III. Private property shall not be taken for public use [PADPAO v. COMELEC, supra].
without just compensation.
ADEQUATE LEGAL ASSISTANCE AND FREE ACCESS TO COURT
• The power of eminent domain is the inherent right of the State to • Sec. 11, Art. III. Free access to the courts and quasi-judicial bodies
forcibly acquire needed property upon just compensation, in order to and adequate legal assistance shall not be denied to any person by
devote it to the intended public use [CRUZ]. reason of poverty.
• Also called the power of expropriation. • The Constitution explicitly premised the free access clause on a
• Sec. 9, Art. III merely imposes a limit on the government’s exercise of person’s poverty, a condition from which only a natural person can
this power [Republic v. Tagle, G.R. No. 129079 (1998)]. suffer.
• The exercise of the right of eminent domain, whether directly by the Indigent party
State or by its authorized agents, is necessarily in derogation of • A party may be authorized to litigate his action, claim or defense as
private rights. The authority to condemn is to be strictly construed in an indigent if the court, upon an ex parte application and hearing, is
favor of the owner and against the condemnor. When the power is satisfied that the party is one who has no money or property sufficient
granted, the extent to which it may be exercised is limited to the and available for food, shelter and basic necessities for himself and
express terms or clear implication of the statute in which the grant is his family.
contained [National Power Corp. v. Tarcelo, G.R. No. 198139 (2014)]. • Such authority shall include an exemption from payment of docket
and other lawful fees, and of transcripts of stenographic notes which
Who May Exercise? the court may order to be furnished to him.
• The repository of eminent domain powers is legislature, i.e. exercised
through the enactment of laws. But power may be delegated to LGUs RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
and other government entities (via charter); still, the delegation must • Sec. 12, Art. III. 1. Any person under investigation for the commission
be by law [Manapat v. CA, supra]. of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of
• Under existing laws, the following may exercise the power of his own choice. If the person cannot afford the services of counsel, he
expropriation: must be provided with one. These rights cannot be waived except in
• 1. Congress writing and in the presence of counsel.
• 2. President 2. No torture, force, violence, threat, intimidation, or any other means
• 3. Local legislative bodies except barangays which vitiate the free will shall be used against him. Secret detention
• 4. Certain public corporations, like the National Housing places, solitary, incommunicado, or other similar forms of detention
Authority and water districts [Metropolitan Cebu Water are prohibited.
5
 3. Any confession or admission obtained in violation of this or Section process has not yet shifted from the investigatory to the accusatory
17 hereof shall be inadmissible in evidence against him. 4. The law and it is usually the witness or the complainant who is interrogated
shall provide for penal and civil sanctions for violations of this section and who gives a statement in the course of the line-up. (People v.
as well as compensation to the rehabilitation of victims of torture or Lara, August 13, 2012)
similar practices, and their families.
Section 4. Penalty Clause.
In Miranda v. Arizona: • (a) Any arresting public officer or employee, or any investigating
• The Federal Supreme Court made it clear that what is prohibited is officer, who fails to inform any person arrested, detained or under
the "incommunicado interrogation of individuals in a police dominated custodial investigation of his right to remain silent and to have
atmosphere, resulting in self-incriminating statements without full competent and independent counsel preferably of his own choice,
warnings of constitutional rights.” shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
Miranda Warning (based upon Article III, Section 12) imprisonment of not less than eight (8) years but not more than ten
• The person under custodial investigation must be informed that: (10) years, or both. The penalty of perpetual absolute disqualification
1. He has a right to remain silent and that any statement he makes shall also be imposed upon the investigating officer who has been
may be used as evidence against him; previously convicted of a similar offense.
2. That he has a right to have competent and independent counsel of • The same penalties shall be imposed upon a public officer or
his choice employee, or anyone acting upon orders of such investigating officer
3. That he has a right to be informed of the first two rights. or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial
Republic Act No. 7438, April 27, 1992 investigation for the commission of an offense if the latter cannot
• AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, afford the services of his own counsel.
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF What if prevented from being visited?
• (b) Any person who obstructs, prevents or prohibits any lawyer, any
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; member of the immediate family of a person arrested, detained or
Duties of Public Officers. under custodial investigation, or any medical doctor or priest or
• (a) Any person arrested detained or under custodial investigation religious minister chosen by him or by any member of his immediate
shall at all times be assisted by counsel. family or by his counsel, from visiting and conferring privately with him,
• (b) Any public officer or employee, or anyone acting under his order or from examining and treating him, or from ministering to his spiritual
or his place, who arrests, detains or investigates any person for the needs, at any hour of the day or, in urgent cases, of the night shall
commission of an offense shall inform the latter, in a language known suffer the penalty of imprisonment of not less than four (4) years nor
to and understood by him, of his rights to remain silent and to have more than six (6) years, and a fine of four thousand pesos
competent and independent counsel, preferably of his own choice, (P4,000.00).
who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person BAIL
cannot afford the services of his own counsel, he must be provided • Sec 13, Art III. All persons, except those charged with offenses
with a competent and independent counsel by the investigating officer. punishable by reclusion perpetua when evidence of guilt is strong,
• (c) The custodial investigation report shall be reduced to writing by shall, before conviction, be bailable by sufficient sureties, or be
the investigating officer, provided that before such report is signed, or released on recognizance as may be provided by law. The right to
thumb marked if the person arrested or detained does not know how bail shall not be impaired even when the privilege of the writ of
to read and write, it shall be read and adequately explained to him by habeas corpus is suspended. Excessive bail shall not be required
his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained Purpose of Bail
person, otherwise, such investigation report shall be null and void and • “The purpose for bail is to guarantee the appearance of the accused
of no effect whatsoever. at the trial, or whenever so required by the Court The amount should
• (d) Any extrajudicial confession made by a person arrested, detained be high enough to assure the presence of the accused when required
or under custodial investigation shall be in writing and signed by such but no higher than is reasonably calculated to fulfill this purpose. To
person in the presence of his counsel or in the latter's absence, upon fix bail at an amount equivalent to the civil liability of which petitioner
a valid waiver, and in the presence of any of the parents, elder is charged is to permit the impression that the amount paid as bail is
brothers and sisters, his spouse, the municipal mayor, the municipal an exaction of the civil liability that accused is charged of; this we
judge, district school supervisor, or priest or minister of the gospel as cannot allow because bail is not intended as a punishment, nor as a
chosen by him; otherwise, such extrajudicial confession shall be satisfaction of civil liability which should necessarily await the
inadmissible as evidence in any proceeding. judgment of the appellate court.” [Yap v. CA, G.R. No. 141529 (2001)
• (e) Any waiver by a person arrested or detained under the provisions
of Article 125 of the Revised Penal Code, or under custodial Basis of right: Presumption of Innocence
investigation, shall be in writing and signed by such person in the • The right to bail springs from the presumption of innocence accorded
presence of his counsel; otherwise the waiver shall be null and void every accused upon whom should not be inflicted incarceration at the
and of no effect. outset since, after the trial, he would be entitled to acquittal, unless
• (f) Any person arrested or detained or under custodial investigation his guilt be established beyond reasonable doubt [Paderanga v. CA,
shall be allowed visits by or conferences with any member of his G.R. No. 115407 (1995)]
immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his Who may avail of bail?
counsel, or by any national non-governmental organization duly • General Rule: All persons under custody of the law
accredited by the Commission on Human Rights of by any • Exceptions
international non-governmental organization duly accredited by the • a. Those charged with a capital offense, or an offense
Office of the President. The person's "immediate family" shall include punishable by reclusion perpetua or life imprisonment
his or her spouse, fiancé or fiancée, parent or child, brother or sister, when evidence of guilt is strong, regardless of the stage of
grandparent or grandchild, uncle or aunt, nephew or niece, and the criminal prosecution [Sec 7, Rule 114, ROC]
guardian or ward. • b. Military men who participated in failed coup d’état
because of their threat to national security [Comendador v.
• As used in this Act, "custodial investigation" shall include the practice De Villa, G.R. No. 93177 (1991)]
of issuing an "invitation" to a person who is investigated in connection When Available
with an offense he is suspected to have committed, without prejudice • General Rule: From the very moment of arrest (which may be before
to the liability of the "inviting" officer for any violation of law. or after the filing of formal charges in court) up to the time of
conviction by final judgement (which means after appeal.)
police line-up, part of custodial investigation? Bail As A Matter Of Right
• Police line-up is not part of the custodial investigation; hence, the right • All persons, except those charged with offenses punishable by
to counsel guaranteed by the Constitution cannot yet be invoked at reclusion perpetua when evidence of guilt is strong, shall, before
this stage. The right to be assisted by counsel attaches only during conviction, be bailable by sufficient sureties, or be released on
custodial investigation and cannot be claimed by the accused during recognizance as may be provided by law. The right to bail shall not be
identification in a police line-up because it is not part of the custodial impaired even when the privilege of the writ of habeas corpus is
investigation process. This is because during a police line-up, the
6
 suspended. Excessive bail shall not be required. [Sec. 13, Art III, b. To allow the judge to observe the deportment of [the]
1987 Constitution] witness [Go, et al. v. The People of the Philippines and
Highdone Company, Ltd., G.R. No. 185527 (2012)].
Bail As A Matter Of Discretion
• When the accused has been convicted in the RTC of an offense not Trial in absentia
punishable by death, reclusion perpetua or life imprisonment, the • When Can Trial In Absentia Be Done
admission to bail becomes discretionary [Sec. 5, Rule 114, ROC] • Requisites
• NOTE: Since the grant of bail is a matter of discretion, a hearing must a. Accused failed to appear for trial despite postponement
be conducted whether or not the prosecution refuses to present and notice
evidence and the prosecutor must be notified to require him to submit b. Failure to appear is unjustified
his recommendation. This notice of hearing applies in all cases c. After arraignment
whether bail is a matter of right or a matter of discretion [Zuño v.
Cabebe, A.M. OCA No. 03-1800-RTJ, (2004) citing Cortes v. Catral, WRIT OF HABEAS CORPUS
A.M. No. RTJ-97-1387, (1997)]. • Sec. 15, Art. III. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public
RIGHT TO BE HEARD safety requires it
• Sec. 14(2), Art III. (2) In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved, and shall enjoy the Definition of the Writ of Habeas Corpus
right to be heard by himself and counsel xxx. • A writ issued by a court directed to a person detaining another,
• It means the accused is amply accorded legal assistance extended by commanding him to produce the body of the prisoner at a designated
a counsel who commits himself to the cause of the defense and acts time and place, with the day and cause of his caption and detention,
accordingly. It is an efficient and truly decisive legal assistance, and to do, to submit to, and to receive whatever the court or judge
not simply a perfunctory representation [People v. Bermas, G.R. No. awarding the writ shall consider in his behalf [Sombong v. CA, G.R.
120420 (1999)]. No. 111876 (1990)].
• The right of the accused to present evidence is guaranteed by no less
than the Constitution itself. Article III, Section 14(2) thereof, provides
that in all criminal prosecutions, the accused shall enjoy the right to
be heard by himself and counsel. This constitutional right includes the Availability
right to present evidence in one’s defense, as well as the right to be 1. Involuntary restraint of liberty
present and defend oneself in person at every stage of the 2. Voluntary restraint of liberty i.e. right of parents to regain custody of
proceedings. Stripping the accused of all his pre-assigned trial dates minor child even if the child is in the custody of a third person of her
constitutes a patent denial of the constitutionally guaranteed right to own free will. [Sombong v. CA, supra]
due process [Villareal v. People, G.R. No. 151258 (2012)] 3. Illegal arrest with supervening event when restraint of liberty is
already by virtue of the complaint or information [Velasco v. CA, G.R.
ASSISTANCE OF COUNSEL No. 118644 (1995)].
• Sec 12(1), Art III. Any person under investigation for the commission • a. The issuance of a judicial process preventing the
of an offense shall have the right to be informed of his right to remain discharge of the detained person.
silent and to have competent and independent counsel preferably of • b. Another is the filing of a complaint or information for the
his own choice. If the person cannot afford the services of counsel, he offense for which the accused is detained. [Sec. 4, Rule
must be provided with one. These rights cannot be waived except in 102]
writing and in the presence of counsel. 4. Where a sentence imposes punishment in excess of the power of
• It means the accused is amply accorded legal assistance extended by the court to impose, such sentence is void as to the excess
a counsel who commits himself to the cause of the defense and acts [Gumabon v. Director of Prisons, G.R. No. L-30026 (1971)].
accordingly. It is an efficient and truly decisive legal assistance, and 5. “Habeas corpus is the proper remedy for a person deprived of
not simply a perfunctory representation. liberty due to mistaken identity. In such cases, the person is not under
• The right to counsel proceeds from the fundamental principle of due any lawful process and is continuously being illegally detained” [In the
process which basically means that a person must be heard before Matter of Petition for Habeas Corpus of Datukan Malang Salibo, G.R.
being condemned. The due process requirement is part of a person’s No. 197597 (2015)].
basic rights; it is not a mere formality that may be dispensed with or
performed perfunctorily [People v. Bermas, G.R. No. 120420, (1999)]. RIGHT TO THE SPEEDY DISPOSITION OF CASES
• Sec. 16, Art III. All persons shall have the right to a speedy disposition
RIGHT TO BE INFORMED OF THE NATUE AND CAUSE OF ACCUSATION of their cases before all judicial, quasi-judicial, or administrative
• Procedural due process requires that the accused must be informed bodies.
why he is being prosecuted and what charge he must meet [Vera v.
People, supra] • The right to speedy disposition of cases is not limited to the accused
in criminal proceedings but extends to all parties in all cases, be it civil
RIGHT TO SPEEDY AND IMPARTIAL TRIAL or administrative in nature, as well as all proceedings, either judicial
• Sec. 16, Art. III. All persons shall have the right to a speedy or quasi-judicial. [Coscolluela v. Sandiganbayan [First Division], G.R.
disposition of their cases before all judicial, quasi-judicial, or No. 191411 (2013)].
administrative bodies. • While the right to speedy trial is invoked against courts of law, the
right to speedy disposition of cases may be invoked before quasi-
Impartial Trial judicial or administrative tribunals in proceedings that are adversarial
• A civilian cannot be tried by a military court so long as the civil courts and may result in possible criminal liability. [Cagang v.
are open and operating, even during Martial Law [Olaguer v. Military Sandiganbayan, G.R. Nos. 206438, 210141-42 (2018)]
Commission, G.R. No. L-54558 (1987)].
• Dismissal based on the denial of the right to speedy trial amounts to RIGHT AGAINST INVOLUNTARY SERVITUDE
an acquittal [Acebedo v. Sarmiento, G.R. No. L-28025 (1970)]. • Sec. 18, Art. III. No person shall be detained solely by reason of his
political beliefs and aspirations. No involuntary servitude in any form
When right not available shall exist except as a punishment for a crime whereof the party shall
• The right to speedy trial cannot be invoked where to sustain the same have been duly convicted.
would result in a clear denial of due process to the prosecution [Uy v. • Involuntary Servitude refers to a condition of enforced and
Hon. Adriano, supra]. compulsory service induced by means of any scheme, plan or pattern,
• Rationale of right to speedy trial intended to cause a person to believe that if he or she did not enter
a. To prevent oppressive pre-trial incarceration; into or continue in such condition, he or she or another person would
b. To minimize anxiety and concern of the accused; and suffer serious harm or other forms of abuse or physical restraint, or
c. To limit the possibility that the defense will be impaired threat of abuse or harm, or coercion including depriving access to
travel documents and withholding salaries, or the abuse or threatened
RIGHT OF CONFRONTATION abuse of the legal process. [RA 9208 as amended by RA 10364]
• This is the basis of the right to cross-examination. • Slavery and involuntary servitude, together with their corollary
• Two-fold purpose: peonage, all denote “a condition of enforced, compulsory service of
a. To afford the accused an opportunity to test the one to another” [Hodges v. U.S., 203 U.S. 1 (1906) in Rubi v.
testimony of the witness by cross-examination Provincial Board of Mindoro, supra].

Exceptions to the Prohibition against Involuntary Servitude

7
 a. If punishment is for a crime after conviction. [Sec. 18, Art. III] proceedings which affect private rights retrospectively [Province of
b. In the interest of national defense, all citizens may be compelled by Camarines Sur v. Director of Lands, G.R. No. L-43361 (1937)].
law to render personal military or civil service. [Sec. 4, Art. II]
c. A return to work order. “So imperative is the order in fact that it is Definition
not even considered violative of the right against involuntary • An ex post facto law is one that would make a previous act criminal
servitude.” although it was not so at the time it was committed [CRUZ at 589].
d. A worker must obey the order if he wants to retain his work even if
his inclination is to strike. [Sarmiento v. Tuico, G.R. No. 75271-73, Concept
(1988)] • In general, ex post facto laws prohibits retrospectivity of penal laws.
e. Naval enlistment [Robertson v. Baldwin, 165 U.S. 275 (1897)] Moreover, the mode of procedure provided for in the right to appeal,
f. Posse comitatus - obligation of the individual to assist in the which is statutory and not natural, is not included in the prohibition
protection of the peace and good order of his community [Kaisahan against ex post facto laws. [Lacson v. Executive Secretary]
ng Manggagawa sa Kahoy v. Gotamco Sawmills, G.R. No. L-1573,
(1948) What are Considered Ex Post Facto laws
• Makes criminal an action done before the passage of the law which
RIGHT AGAINST EXCESSIVE FINES AND CRUEL, DEGRADING, AND was innocent when done, and punishes such action.
INHUMAN PUNISHMENTS • Aggravates a crime or makes it greater than when it was committed.
• Sec. 19, Art III. (1) Excessive fines shall not be imposed, nor cruel, • Changes the punishment and inflicts a greater punishment than the
degrading or inhuman punishment inflicted. Neither shall death law annexed to the crime when it was committed.
penalty be imposed, unless, for compelling reasons involving heinous • Alters the legal rules of evidence and receives less or different
crimes, the Congress hereafter provides for it. Any death penalty testimony than the law required at the time of the commission of the
already imposed shall be reduced to reclusion perpetua. offense in order to convict the defendant [Mekin v. Wolfe, G.R. No.
(2) The employment of physical, psychological, or degrading 1251 (1903)].
punishment against any prisoner or detainee or the use of • Assumes to regulate civil rights and remedies only but in effect
substandard or inadequate penal facilities under subhuman imposes a penalty or deprivation of a right which when done was
conditions shall be dealt with by law lawful.
• Deprives a person accused of a crime of some lawful protection of a
• Cruel Punishment former conviction or acquittal, or a proclamation of amnesty [In re Kay
• Involve torture of lingering death [Legarda v. Valdez G.R. Villegas Kami, G.R. No. L-32485 (1970)].
No. 513 (1902)].
• Not only severe, harsh, or excessive but flagrantly and Bill of Attainder
plainly oppressive • It is a legislative act that inflicts punishment without trial, its essence
• Wholly or disproportionate to the nature of the offense as being the substitution of legislative fiat for a judicial determination of
to shock the moral sense of the community [People v. guilt. It is only when a statute applies to either named individuals or to
Estoista, G.R. No. L-5793 (1953)] easily ascertainable is a legislative act that inflicts punishment without
trial, its essence being the substitution of legislative fiat for a judicial
NON-IMPRISONMENT FOR DEBTS determination of guilt.
• Sec 20, Art III. No person shall be imprisoned for debt or non-
payment of a poll tax. STATUTORY RIGHTS OF THE ACCUSED
• Debt-Any civil obligation arising from a contract. It includes even Rule 115 - Rights of the Accused
debts obtained through fraud since no distinction is made in the • SECTION 1. Rights of accused at the trial. —In all criminal
Constitution [Ganaway v. Quillen, G.R. No. L-18619 (1922)]. prosecutions, the accused shall be entitled to the following rights:
• Poll Tax- A specific sum levied upon any person belonging to a (a) To be presumed innocent until the contrary is proved beyond
certain class without regard to property or occupation (e.g. community reasonable doubt.
tax).
• A person may be imprisoned as a penalty for a crime arising from a (b) To be informed of the nature and cause of the accusation against
contractual debt and imposed in a proper criminal proceeding. Thus, him.
the conversion of a criminal fine into a prison term does not violate
the right to non-imprisonment for debts because in such a case, (c) To be present and defend in person and by counsel at every stage
imprisonment is imposed for a monetary obligation arising from a of the proceedings, from arraignment to promulgation of the judgment.
crime [Ajeno v. Judge Insero, A.M. No. 1098-CFI (1976)]. The accused may, however, waive his presence at the trial pursuant
to the stipulations set forth in his tail, unless his presence is
RIGHT AGAINST DOUBLE JEOPARDY specifically ordered by the court for purposes of identification. The
• Sec. 21, Art. III. No person shall be twice put in jeopardy of absence of the accused without justifiable cause at the trial of which
punishment for the same offense. If an act is punished by a law and he had notice shall be considered a waiver of his right to be present
an ordinance, conviction or acquittal under either shall constitute a thereat. When an accused under custody escapes, he shall be
bar to another prosecution of the same act. deemed to have waived his right to be present on all subsequent trial
dates until custody over him is regained. Upon motion, the accused
TERMINATION OF JEOPARDY may be allowed to defend himself in person when it sufficiently
1. By acquittal appears to the court that he can properly protect his rights without the
2. By final conviction assistance of counsel.
3. By “dismissal” on the merits
(d) To testify as a witness in his own behalf but subject to cross-
Two types of double jeopardy examination on matters covered by direct examination. His silence
• 1. Prosecution for the same offense shall not in any manner prejudice him.
a. Same offense charged;
b. Attempt of the same offense; (e) To be exempt from being compelled to be a witness against
c. Frustration of the same offense; himself.
d. Offense necessarily included in the 1st offense (All the
elements of the 2nd constitute some of the elements of (f) To confront and cross-examine the witnesses against him at the
the 1st offense) trial. Either party may utilize as part of its evidence the testimony of a
e. Offense that necessarily includes the 1st offense (All witness who is deceased, out of or can not with due diligence be
the elements of the 1st constitute some of the elements of found in the Philippines, unavailable, or otherwise unable to testify,
the 2nd offense) given in another case or proceeding, judicial or administrative,
• 2. Prosecution for the same act a. If punished by law and at the same involving the same parties and subject matter, the adverse party
time punished by an ordinance; b. There is conviction or acquittal having the opportunity to cross-examine him.
under either
(g) To have compulsory process issued to secure the attendance of
EX POST FACTO LAWS AND BILLS OF ATTAINDER witnesses and production of other evidence in his behalf.
• Sec. 22, Art. III. No ex post facto law or bill of attainder shall be
enacted. (h) To have speedy, impartial and public trial.
• The constitutional prohibition against ex post facto laws and bills of
attainder cannot be invoked to protect allegedly vested civil rights, (i) To appeal in all cases allowed and in the manner prescribed by law.
because it is only applicable to criminal proceedings, and not to civil
8
In addition Article 11: Everyone accused of a crime has the right to be considered innocent
Rights under until they have fairly been proven to be guilty.
1. Revised Penal Code
2. New Civil Code of the Philippines Article 12: Nobody has the right to enter our home, open our mail, or intrude on
3. Labor Code our families without good reason. We also have the right to be protected if
4. Comprehensive Agrarian Reform Law
someone tries to unfairly damage our reputation.
5. Indigenous People’s Right
6. AVAWC (R.A.9262)
7. Anti-Child Abuse Law Article 13: We all have the right to move freely within our country, and to visit and
8. Anti-Child Pornography Law leave other countries when we wish.
9. Anti-Human Trafficking Act
Article 14: If we are at risk of harm we have the right to go to another country to
International Bill of Human Rights seek protection.
• The International Bill of Human Rights consists of the five core human
rights treaties of the United Nations that function to advance the
fundamental freedoms and to protect the basic human rights of all Article 15: We all have the right to be a citizen of a country and nobody should
people. The Bill influences the decisions and actions of Government, prevent us, without good reason, from being a citizen of another country if we
State and Non-State actors to make economic, social and cultural wish.
rights a top-priority in the formation and implementation of national,
regional and international policy and law. Article 16: We should have the right to marry and have a family as soon as we’re
• The following five documents are the foundation of the International legally old enough. Our ethnicity, nationality and religion should not stop us from
Bill of Human Rights: being able to do this. Men and women have the same rights when they are
1) Universal Declaration of Human Rights married and also when they’re separated. We should never be forced to marry.
2) International Covenant on Economic, Social and Cultural Rights The government has a responsibility to protect us and our family.
3) International Covenant on Civil and Political Rights
4) Optional Protocol to the International Covenant on Civil and
Political Rights Article 17: Everyone has the right to own property, and no one has the right to
5) Second Optional Procotol to the International Covenant on Civil take this away from us without a fair reason.
and Political Rights, aiming at the abolition of the death penalty
Article 18: Everyone has the freedom to think or believe what they want,
Universal Declaration of Human Rights including the right to religious belief. We have the right to change our beliefs or
• The traumatic events of the Second World War brought home that religion at any time, and the right to publicly or privately practise our chosen
human rights are not always universally respected. The extermination religion, alone or with others.
of almost 17 million people during the Holocaust, including 6 million
Jews, horrified the entire world. After the war, governments worldwide
Article 19: Everyone has the right to their own opinions, and to be able to
made a concerted effort to foster international peace and prevent
express them freely. We should have the right to share our ideas with who we
conflict. This resulted in the establishment of the United Nations in
want, and in whichever way we choose.
June 1945.
• In 1948, representatives from the 50 member states of the United
Nations came together under the guidance of Eleanor Article 20: We should all have the right to form groups and organise peaceful
Roosevelt (First Lady of the United States 1933-1945) to devise a list meetings. Nobody should be forced to belong to a group if they don’t want to.
of all the human rights that everybody across the world should enjoy.
• On 10 December 1948, the General Assembly of the United Nations Article 21: We all have the right to take part in our country’s political affairs either
announced the Universal Declaration of Human Rights (UDHR) - 30 by freely choosing politicians to represent us, or by belonging to the government
rights and freedoms that belong to all of us. Seven decades on and ourselves. Governments should be voted for by the public on a regular basis, and
the rights they included continue to form the basis for all international every person’s individual vote should be secret. Every individual vote should be
human rights law. worth the same.

A summary of the 30 articles of the Universal Declaration of Human Rights Article 22: The society we live in should help every person develop to their best
ability through access to work, involvement in cultural activity, and the right to
Article 1: We are all born free. We all have our own thoughts and ideas and we social welfare. Every person in society should have the freedom to develop their
should all be treated the same way. personality with the support of the resources available in that country.

Article 2: The rights in the UDHR belong to everyone, no matter who we are, Article 23: We all have the right to employment, to be free to choose our work,
where we’re from, or whatever we believe. and to be paid a fair salary that allows us to live and support our family. Everyone
who does the same work should have the right to equal pay, without
discrimination. We have the right to come together and form trade union groups
Article 3: We all have the right to life, and to live in freedom and safety. to defend our interests as workers.

Article 4: No one should be held as a slave, and no one has the right to treat Article 24: Everyone has the right to rest and leisure time. There should be limits
anyone else as their slave. on working hours, and people should be able to take holidays with pay.

Article 5: No one has the right to inflict torture, or to subject anyone else to cruel Article 25: We all have the right to enough food, clothing, housing and healthcare
or inhuman treatment. for ourselves and our families. We should have access to support if we are out of
work, ill, elderly, disabled, widowed, or can’t earn a living for reasons outside of
Article 6: We should all have the same level of legal protection whoever we are, our control. An expectant mother and her baby should both receive extra care
and wherever in the world we are. and support. All children should have the same rights when they are born.

Article 7: The law is the same for everyone, and must treat us all equally. Article 26: Everyone has the right to education. Primary schooling should be free.
We should all be able to continue our studies as far as we wish. At school we
should be helped to develop our talents, and be taught an understanding and
Article 8: We should all have the right to legal support if we are treated unfairly. respect for everyone’s human rights. We should also be taught to get on with
others whatever their ethnicity, religion, or country they come from. Our parents
Article 9: Nobody should be arrested, put in prison, or sent away from our have the right to choose what kind of school we go to.
country unless there is good reason to do so.
Article 27: We all have the right to get involved in our community’s arts, music,
Article 10: Everyone accused of a crime has the right to a fair and public trial, literature and sciences, and the benefits they bring. If we are an artist, a musician,
and those that try us should be independent and not influenced by others. a writer or a scientist, our works should be protected and we should be able to
benefit from them.

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Article 28: We all have the right to live in a peaceful and orderly society so that
these rights and freedoms can be protected, and these rights can be enjoyed in
all other countries around the world.

Article 29: We have duties to the community we live in that should allow us to
develop as fully as possible. The law should guarantee human rights and should
allow everyone to enjoy the same mutual respect.

Article 30: No government, group or individual should act in a way that would
destroy the rights and freedoms of the Universal Declaration of Human Rights.

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