CLJ - 202 - HUMAN

RIGHTS EDUCATION
Atty. Renjomar C Baltazar, BSEd, PhD
Police Staff Sergeant
Bar Passer 2020_21 – Exemplary Lawyer
Bachelors of Law – VALEDICTORIAN
JCI Awardee – Excellence in Line of Duty
TOP 1 – Criminal Investigation Course
TOP 3 - SPO Napolcom Exam;
TOP 4 - PNP Specialized Course
Author – NAPOLCOM and Criminology Books
Registered Criminologist;
Master in Government Management;
Civil Service Pro Eligible;
Criminology Board and NAPOLCOM Review Lecturer;
Professorial Lecturer/Resource Speaker;
PDEA Entrance Exam Passer;
PNPA Qualifying Exam Passer;
Napolcom Entrance Exam Passer;
PO Napolcom Exam Passer
 LESSON 1 :HUMAN RIGHTS:
DEFINITION AND CHARACTERISTICS
I. DEFINITION
Human Rights are generally defined as
those rights, which are inherent in our
nature, and without which, we cannot live
as human beings.
DEFINITION…

– United Nation.
Human rights are supreme, inherent and
inalienable rights to life, dignity and self-
development. It is the essence of these
rights that makes man human.
DEFINITION…

– Philippine Commission on Human Rights.

Human Rights are rights which necessarily
spring from being a member of the human
species. (Petralba, 2013)
Human Rights is the inherent dignity and the
equal and inalienable rights of all members of
the human family as mentioned in the
Preamble of the Universal
DEFINITION…

Declaration of Human Rights (UDHR)

Human rights are not granted by the State, nor
stemmed from citizenships in a country.
Human Rights are the aggregate of privileges,
claims, benefits, entitlements, and moral
guarantees that pertains to man because of his
humanity. (Sarmiento, 2017)
II. NATURE OF HUMAN RIGHTS
I5F U

[Link] rights are

inherent for they are not
granted by any person,
authority or law.

▪ Poe-Llamanzares v. Comelec, G.R. Nos. 221697, March 8, 2016

II. NATURE OF HUMAN RIGHTS . . .

2. Human rights are

inalienable for they cannot
be just taken away from an
individual such as freedom
from torture.
▪ Geluz vs CA, G.R. No. L-16439, July 20, 1961
▪ Continental Steel Manufacturing Corporation vs Hon. Montaňo, G.R.
182836, October 13, 2009
 II. NATURE OF HUMAN RIGHTS . . .

3. Human rights are

interdependent for the
fulfilment of one cannot
be had without the
realization of the others.
▪ Philippine Blooming Mills Employees Organization vs. Philippine
Blooming Mills Co., Inc., 51 SCRA 189 (1973)
II. NATURE OF HUMAN RIGHTS . . .

4. Human rights are

imprescriptible for they
cannot be lost even by a
long passage of time.
▪ Sps. Aguirre v. Heirs of Lucas Villanueva, et al., G.R. No. 169898,
October 27, 2006
II. NATURE OF HUMAN RIGHTS . . .

5. Human rights are

indivisible for they are
not capable of being
divided.

▪ Zabal v. Duterte, G.R. No. 238467, February 12, 2019

II. NATURE OF HUMAN RIGHTS . . .

6. Human rights are

fundamental for it is what give
essence to every human being
and without them human life and
dignity would be meaningless
such as right to liberty & security.
▪ Meritt vs. Gov’t. Of the Phil. Islands, 34 Phil 311, No. 11154, 21
March 1916)
▪ Civil Aeronautics Administration vs. CA, GR No. L-51806, 8
November 1968
II. NATURE OF HUMAN RIGHTS

7. Human rights are

universal for it is due to all
human beings regardless
of their origin, status, race,
condition or place of living.
▪ People vs. Chua Ho San, 307 SCRA 432 (1999)
III. CLASSIFICATION OF HUMAN RIGHTS
SAR
A. According to Source:

Natural Rights - they are God-given rights or that which in the nature
of being human so that we may live a happy life.
e.g. the right to live & to love.
Constitutional Rights - conferred and protected by the constitution &
cannot just be modified by the law-making body.
e.g. “Bill of Rights”
Statutory Rights - granted by the law made by law making body and
consequently can be taken away by the same authority.
e.g. Right to inherit, to receive minimum wage.

NB: R.A. 7438-Rights of a person Arrested Detained or otherwise under Custodial

Investigation.
III. CLASSIFICATION OF HUMAN RIGHTS . . .

B. According to Recipient:
Individual Rights - those accorded to
individual.
Collective Rights - those that are enjoyed
by a group of people. Also called as
“people’s rights” or “solidarity rights” such
as rights to association and rights to
peacefully assemble.
NB: (Art III, Sec. 4, Sec 5, Sec. 8,)
III. CLASSIFICATION OF HUMAN RIGHTS . . .

C. According to Aspect of life (Primary classification of Human

Rights)

1. Civil Rights - those rights which the law will

enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their
means of happiness.
• eg: The right to travel, to have his residence or dwelling, and the right to
enter into an agreement to name a few.

2. Political Rights - those rights which enable man

to participate in running the affairs of the
government directly or indirectly.
• eg: The right to vote, to participate in an initiative, recall and referendum.
(Art. III sec. 8 (1), Art IV, Art V, Art XVII
III. CLASSIFICATION OF HUMAN RIGHTS . . .

3. Economic – those which enable man to achieve

economic development and financial security.
• eg: The right to have a job, to receive a just compensation, the right of minimum wage
earner, to established a business, to a fair competition and others.

4. Social rights – those which enable man to

achieve social development to secure their well-
being and happiness.
• eg: The right to form an association and to peacefully assemble. (Art III –Sec 1, 2, 3, 9,
Art XIII)

5. Cultural rights – those that ensure the well-being

of the individual & foster the preservation,
enrichment, and dynamic evolution of national
culture.
V. THE THREE (3) GENERATIONS OR PHASES
OF HUMAN RIGHTS PHILOSOPHY

The First Generation (17th – 18th century) –

also known as the Age of Enlightenment or
Age of reason
This approach gives favors to limiting
government powers and actions by
establishing certain restrictions. In short these
are the Negative Rights of people since it is
geared towards prohibition.
V. THE THREE (3) GENERATIONS OR PHASES OF HUMAN RIGHTS PHILOSOPHY

The Second Generation (19th Century) –

also known as the Socialist Tradition.
The Second Generation is focus on the
Positive Human Rights which enjoin the
State to perform an act or to do
something for the enjoyment of human
rights.
V. THE THREE (3) GENERATIONS OR PHASES OF HUMAN RIGHTS PHILOSOPHY

The Third Generation (20th Century) – also

called the “Solidarity Rights”.
Included in these are the right to
economic and social development; and
the right to participate in and benefit from
“the common heritage of mankind”.
VI. STAGES OF HUMAN IPR
RIGHTS
Idealization – this means that human rights started from
the realm of ideas that reflect a consciousness against
oppression, dehumanization or abuses/inadequate
performance by the state (Drzewicki, 1993).
Positivization – this supports the notion of the 1st stage
which strengthens it and incorporates them into some legal
instruments, whether for domestic or international
coverage.
Realization – it is the last stage of human rights where
these rights are enjoyed by the people of the State through
the transformation of the social, economic and political
orders.
 LESSON 2
STATE RESPONSIBILITIES
I. STATE OBLIGATION
Basically, the state has three
Obligations namely:
• (1) the obligation to respect human rights, -
• (2) the obligation to ensure, and +
• (3) the obligation to protect it. +
SOURCES AND FOUNDATION OF
HUMAN RIGHTS LAW

The basic source of human rights law in the Philippines

is the very Constitution of the country from:
• The 1897 Biak na Bato Constitution,
• The 1899 Malolos Constitution,
• The 1935 Constitution,
• The 1943 Constitution,
• The 1973 Constitutions,
• The 1986 Freedom Constitution that becomes the basis
of the 1987 Constitution that we have at present.
One of the novel features of the 1987 Philippine
Constitution is the creation of an independent
constitutional body called the “Commission of Human
Rights” which is one of the first national human rights
commission in the world. The Commission on Human
rights has various powers and functions but two of its
important functions are:
• (1) to investigate human rights violations involving
civil and political rights whether committed by the
government or by non-government entities; and
• (2) to establish a program of education and
information to enhance respect for the primacy of
human rights. (Sarmiento, 2017)
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority

to the enactment of measures that protect and
enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the
common good.
ART X111, SEC. [Link] RIGHTS

There is hereby created an independent

office called the Commission on
Human Rights.
 (NB)

The Commission shall be composed of a

Chairman and four Members who
must be natural-born citizens of the
Philippines and a majority of whom shall
be members of the Bar. The term of
office and other qualifications and
disabilities of the Members of the
Commission shall be provided by law.
SECTION 18. THE COMMISSION ON HUMAN RIGHTS SHALL
HAVE THE FOLLOWING POWERS AND FUNCTIONS:

1. Investigate, on its own or on complaint by

any party, all forms of human rights violations
involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the under-privileged whose human
rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights;

6. Recommend to Congress effective measures to promote

human rights and to provide for compensation to victims of
violations of human rights, or their families;
 EXECUTIVE ORDER NO. 163

DECLARING THE EFFECTIVITY OF THE

CREATION OF THE COMMISSION ON
HUMAN RIGHTS AS PROVIDED FOR IN THE
1987 CONSTITUTION, PROVIDING
GUIDELINES FOR THE OPERATION
THEREOF, AND FOR OTHER PURPOSES
May 5, 1987
NOW, THEREFORE, I, CORAZON C.
AQUINO, President of the Philippines, by
virtue of the powers vested in me by the
Constitution, do hereby order:
SECTION 1. The Commission on Human
Rights as provided for under Article XIII of
the 1987 Constitution is hereby declared to
be now in existence.
 (N-B-35-N)

SECTION 2. (a) The Commission on Human

Rights shall be composed of a Chairman and
four Members who must be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty five years
of age and must not have been candidates
for any elective position in the elections
immediately preceding their appointment.
However, a majority thereof shall be members
of the Philippine Bar.
(b) The Chairman and the Members of the
Commission on Human Rights shall not, during their
tenure, hold any other office or employment. Neither
shall they engage in the practice of any profession or
in the active management or control of any business
which in any way be affected by the functions of their
office, nor shall be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
(c) The Chairman and the Members of the
Commission on Human Rights shall be
appointed by the President for a term of seven
years without reappointment. Appointment to
any vacancy shall be only for the unexpired
term of the predecessor.
(d) The Chairman and the Members of the
Commission on Human Rights shall receive the
same salary as the Chairman and Members,
respectively, of the Constitutional Commissions,
which shall not be decreased during their term
of office.
SECTION 4. The Presidential
Committee on Human Rights,
created under Executive Order No.
8 dated March 18, 1986, as
modified, is hereby abolished.
 EXECUTIVE ORDER NO. 8

CREATING THE PRESIDENTIAL

COMMITTEE ON HUMAN RIGHTS
SECTION 3. Nature of Committee. – The
primary task of the Committee is to assist the
President in the discharge of her duty to
respect and foster human rights. It is purely
advisory and consultative in nature [sic] xxx
March 18, 1986
SECTION 2. Composition. – The Committee shall be
composed of the following:
a. Mr. Jose W. Diokno – Chairman

b. Mr. Justice Jose B. L. Reyes – Vice-Chairman

c. Mrs. Zenaida Quezon Avanceña – Member

d. Sr. Marianni Dimaraanan – Member

e. Miss Haydee Yorac – Member

f. Mr. William Claver – Member

g. The Judge Advocate General, – Member

AFP
FIRST GENERATION:
R.A. 7438 – Rights of Persons Arrested, Detained or
otherwise Under Custodial Investigation;
R.A. 8493 – Rights to Speedy Trial Act of 1998;
R.A. 9745 – Anti-Torture Law;
R.A. 9851 – Penalizes Crimes Against International
Humanitarian Law, etc;
R.A. 10350 – Anti –Enforced Disappearance Act; and
R.A. 10368 – Creation of Human Rights Victims
Claims Board.
SECOND GENERATION:
R.A. 6657 – Comprehensive Agrarian Reform Law;
R.A. 7279 – Urban Development and Housing Act of 1992;
R.A. 8282 – social Security Act of 1992;
R.A. 6938 – Cooperative Code
R.A. 8435 – Agricultural and Fisheries Modernization Act of 1997;
R.A. 7192 – Woman in Development and Nation Building Act;
R.A. 8505 – Rape Victim Assistance and Protection Act of 1998;
R.A. 6955 – Declares Unlawful the Practices of Matching Filipino Women for Marriage to
Foreign Nationals on a Mail Order Basis;
R.A. 9710 – An Act providing for Magna Carta of Women;
R.A. 7610 – An Act Providing for Stronger Deterrence and Special Protection Against Child
Abuse and Discrimination Act;
R.A. 8749 – Philippine Clean Air Act of 1999;
R.A. 9003 – Ecological Waste Management and Protection Act; and
R.A. 9147 – Wildlife Resources Conservation and Protection Act.
 IT
THE INTERNATIONAL BILL OF
RIGHTS

International Human Rights Law are Incorporated in

our laws in as much as Art 2, Sec 2 of the 1987
Philippine Constitutions provides that “The
Philippines renounces war as an instrument of
national policy, adopts the generally accepted
principles of international law as part of the law of
the land…”. This clause is a clear provision of the
constitution which allows possible application of the
International Bill of Rights in the Philippines.
These International Bill of Rights includes:
• (1) Universal Declaration of Human Rights; (UDHR)
• (2) the International Covenant on Civil and Political Rights
(ICCPR); and
• (3) International Covenant on Economic, Social and
Cultural Rights (ICESCR).
❖ These three in addition to the Optional Protocol to the
Covenant on civil and Political Rights were regarded by former
Secretary General of the United Nation as “A Magna Carta for
Mankind” and is “the essential prerequisite for peace at
home and in the world.”
Aside from International Bill of Rights,
Philosophy and Religion also plays an
important role in the development of
human rights. It is undeniably true that
Divine Laws are also basic tenets for
which some human positive laws are
patterned.
 LESSON 3
THE PHILIPPINE BILL OF RIGHTS:
DUE PROCESS AND EQUAL
PROTECTION CLAUSE
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS
Section 1. No person shall be deprived of life,
liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.

▪ Chavez vs. Romulo, 431 SCRA 534 (2004)

A. DUE PROCESS OF LAW

A law which hears before it condemns;

which proceeds upon inquiry, and
renders judgments only after trial (Lopez
vs. Director of lands)
ASPECTS OF DUE PROCESS
❑ Substantive Due Process
❑ Procedural Due Process
PROCEDURAL DUE PROCESS

a. In judicial proceedings (IJHJ)

• a1. An impartial court clothe by law with authority to
hear and determine the matter before it.
• a2. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of the
proceedings
• a3. Opportunity to be heard given the defendant; and
• a4. Judgment to be rendered after lawful hearing.

b. In administrative proceedings
REQUISITES OF ADMINISTRATIVE
DUE PROCESS
In Ang Tibay v. CJR, the Court laid down the cardinal
rights of parties in administrative proceedings, as
follows: (HEDEDIP)
• 1) The right to a hearing, which includes the right to present one's case and submit
evidence in support thereof;
• 2) The tribunal must consider the evidence presented;
• 3) The decision must have something to support itself;
• 4) The evidence must be substantial;
• 5) The decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected;
• 6) The tribunal or body or any of its judges must act on its or his own independent
consideration of the law and facts of the controversy and not simply accept the views of a
subordinate in arriving at a decision; and
• 7) The board or body should, in all controversial questions, render its decision in such a
manner that the parties to the proceeding can know the various issues involved, and the
reason for the decision rendered.
 B. EQUAL PROTECTION OF LAW

a. Art 3, Sec. 1, 1987 Constitution

• No person or class of persons shall be
deprived of the same protection of laws
which is enjoyed by other persons or other
classes in the same place and in like
circumstances.

▪ Garcia v. Drilon, 699 SCRA 352 (2013)

 (SGNE)

REQUISITE FOR VALID

CLASSIFICATION
❑It rest on substantial distinctions,
❑Germane to the purpose of the law,
❑Not limited to existing condition only, and
❑must apply equally to all members of the
same class– (P. vs. Cayat)
REASONABLE CLASSIFICATION
PERMITTED
✓ Foreign Corporations are made to pay higher amount of taxes
than that paid by domestic corporations.
✓ Certain professions are limited to persons of the male sex
✓ Certain privileges for leaves and shorter hours of the labor
extended of women are not extended to men
✓ Preferences are given to Filipino citizen in the lease of public
market stalls.
✓ Different professions are taxed at different amount.
✓ Employment in factories of children under designated ages is
prohibited.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 2. The right of the people to be secure in their

persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by
the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce,
and particularly describing the place to be searched
and the persons or things to be seized.
➢ Search Incidental to Lawful Arrest – People vs. Tudtud, 412 SCRA 142 (2003)
➢ Plain View Doctrine – People vs. Doria, 301 SCRA 668, January 22, 1999
➢ Stop-and-frisk Search – Malacat vs. CA, 283 SCRA 159, December 12, 1997

▪ People v. O’Cochlain, G.R. No. 229071, December 10, 2018

➢ Searches at checkpoints – People vs. Usana, 323 SCRA 754, January 28, 2000
A. MEANING, SEARCH WARRANT
AND WARRANT OF ARREST

❑ Search warrant – an order in writing, issued in the

name of the People of the Philippines, signed by the
judged and directed to a peace office, commanding
him to search for a certain personal property and
bring it before the court.
❑ Warrant of arrest – a written order to arrest a
person designated to take him in custody that may
be bound to answer for the commission of an
offense.
 PPEP
B. REQUISITES FOR VALID SEARCH
WARRANT AND WARRANT OF ARREST

1. Issued upon Probable cause.

2. the probable cause must determined Personally
by the judge himself.
3. such determination of the existence of probable
cause must be made after Examination by the judge
of the complainant and the witnesses he may
produce.
4. Must Particularly describe the place to be
searched and the persons or things to be seized.
 LESSON 4
THE BILL OF RIGHTS:
PRIVACY OF
COMMUNICATION &
FREEDOM OF EXPRESSION
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

The Privacy of Communication and

Correspondence
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.

▪ Zulueta vs. CA, 253 SCRA 699

▪ In the Matter of the Petition for Habeas Corpus of Capt. Garry Alejano, et al.
vs. Gen. Pedro Cabuay, et al., GR No. 160792, August 25, 2005
PRIVACY
❑the right to be left alone. Privacy is
definitely connected to the right
against unreasonable search and
seizure.

▪ Spouses Hing vs. Choachuy, G.R. No. 179736, 26 June 2013

▪ Ayer Productions Pty. Ltd. Vs. Capulong, 160 SCRA 861 (1988)
➢ The R.A. 4200 otherwise known as
Anti Wire tapping law of the
Philippines disallows gathering of
information that would violate the
privacy of communication and
provides for certain punishment.

▪ Navarro vs. CA, GR No. 121087, August 26, 1999

➢ The Bank Secrecy Law also provides protection for
depositors from undue intrusion into bank
information. Although due to the prevalence of
money laundering, the Anti-Money Laundering Act
allows the inquiry into the financial statement of a
person when there is an allegation of the
commission of money laundering or other predicate
offenses.

RA 1405 – Bank Secrecy Law

RA 6426 – Foreign Currency Deposit Act

▪ Karen E. Salvacion, et. al vs. Central Bank, et. al, G.R. No.
94723. Aug. 21, 1997
➢ In the case of government officials, the
Code of Conduct (R.A. 6713) and as
mandated by the constitution, shall divulge
their financial information or what we called
"Statement of Assets, Liabilities and
Networth or SALN".

▪ REPUBLIC, rep by SOL GEN CALIDA vs SERENO, G.R.

237428, May 11, 2018
➢ R.A. 10173 otherwise known as "Data
Privacy Protection Act" was passed in
August 2012 designed tp penalize
those who pass confidential
information of persons gathered in the
course of their transactions.

▪ Pollo v. David, GR No. 181881, October 18, 2011

▪ RE: 2003 bar examinations, B.M. 1222, February 4, 2004

▪ OCA vs. Judge Yu, A.M. No. MTJ-12-1813, 22 Nov. 2016

▪ Vivares vs. St. Theresa’s College, G.R. No. 202666, Sept 29, 2014
ILLEGALLY OBTAINED EVIDENCE

Exclusionary Rule of Evidence - evidence that are

illegally obtained or in violation of the rights of a
person shall not be admissible in evidence.
• Rationale: In order to ensure the observance of
the constitution and it is the practical way to
enforce the constitutional mandates on bill of rights.
• Remedy of the owner: request the exclusion of the
evidence and the return of the seized article.
WRIT OF HABEAS DATA
➢ It is a judicial remedy available to any individual whose right
to life, liberty and security is violated or threatened by an
unlawful act or omission of a public official or employee or of
a private individual or entity engaged in gathering, collecting
or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.

➢ Purpose and effect of the writ of habeas data: to secure the

privacy of an individual by way of regulating the processing
of personal information or data about him. The respondent
shall file a written return under oath with supporting affidavit
to the court which issues the writ.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

The Freedom of Speech, of Expression, or

of the Press.
Section 4. No law shall be passed abridging
the freedom of speech, of expression, or of
the press, or the right of the people
peaceably to assemble and petition the
government for redress of grievances.
▪ Miriam College Foundation, Inc. vs. Court of Appeals, 348 SCRA 265
(2000
▪ Filipinas Broadcasting Network vs. AGO Medical and Educational
Center-Bicol Christian College of Medicine, G.R. 141994, Jan 17, 05
Limitation of the Freedom of speech, expression
and the press.

➢ Just like any other rights, there are certain

restriction in order that abuses and conflict will not
rise.

▪ Re: Live TV and Radio Coverage of the Hearing of President

Corazon C. Aquino’s Libel Case, October 22, 1991
▪ Re: Request Radio-TV Coverage of the Trial in the Sandiganbayan
of the Plunder Case Against Former President Joseph E. Estrada,
AM No. 01-4-03-SC, June 29, 2001
▪ Re: Live Media Broadcast of Ampatuan Trial, Res., AM Nos. 10-11-
5-SC, 10-11-6- SC, and 10-11-7-SC, October 23, 2012
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 5. No law shall be made respecting

an establishment of religion, or prohibiting
the free exercise thereof. The free exercise
and enjoyment of religious profession and
worship, without discrimination or preference,
shall forever be allowed. No religious test
shall be required for the exercise of civil or
political rights.
FREEDOM OF RELIGION

a. Non-establishment clause
▪ Re: Letter of Tony Q. Valenciano, Holding of Religious Rituals at the Hall of Justice Building in
Quezon City, A.M. No. 10-4-19-SC, 7 March 2017
▪ Peralta v. Philippine Postal Corporation (PhilPost), G.R. No. 223395, December 04, 2018

b. Free exercise clause

▪ Estrada vs. Escritor, 492 SCRA 1, AM No. P-02-1651, June 22, 2006 and August 4, 2003

c. Non-religious test clause

▪ Kabataan Party List vs. COMELEC, G.R. No. 221318, 16 December 2015
Aspects of religious freedom:
•The separation of church and state
•The freedom of religious
profession and worship

▪ CIR vs CA, G.R.124043, Oct 14, 1998

▪ Everson v. Board of Education, 330 U.S. 1 (1946)
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 6. The liberty of abode and of

changing the same within the limits
prescribed by law shall not be impaired
except upon lawful order of the court. Neither
shall the right to travel be impaired except in
the interest of national security, public safety,
or public health, as may be provided by law.

▪ Lorenzo vs. Director of Health, 50 Phil 595 (1950)

▪ Zabal v. Duterte, G.R. No. 238467, February 12, 2019
▪ Marcos vs. Manglapus, GR No. 88211, October 27, 1989
Limitations of Right
➢ Permissible interference - The right is qualified by the
clauses "except upon lawful order of the court" and
except in the interest of the national security, and public
safety or public health as may be provided by law.
➢ Intervention of the court - note that under the second
limitation, a court order is not necessary. The
determination of the proper executive officer(president)
is subject to judicial reviews.
➢ A person whose liberty of abode is violated may petition
for writ of habeas corpus against another holding in
detention.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 7. The right of the people to information on

matters of public concern shall be recognized.
Access to official records, and to documents and
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as
may be provided by law.

▪ Neri vs. Senate, GR No. 180643, September 4, 2008

▪ De Leon vs Duterte, G.R.252118, May 8, 2020
Scope of the Right
• The right embraces all public records
• It is limited to citizens only but is without prejudice
to the right of aliens to have access to records of
cases where they are litigants; and
• Its exercise is subject to such limitations as may be
provided by law
• Limitation’s on the right
• Public records excepted
• Burden on government to justify withholding of
information.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 8. The right of the people,

including those employed in the public
and private sectors, to form unions,
associations, or societies for purposes
not contrary to law shall not be
abridged.
▪ Sta. Clara Homeowners Association vs. Gaston, GR No.
141961, Jan 23, 2002
▪ Bel Air Village Association, Inc. vs. Dionisio, 174 SCRA 589
▪ In re: Marcial Edillion, 84 SCRA 554 (1978)
Meaning of the Right of Form of
Associations - is the freedom to organize or
to member of any group or association, union,
or society, and to adopt the rules which the
members judge most appropriate to achieve
their purpose.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 9. Private property shall not be

taken for public use without just
compensation.

▪ PPI v. COMELEC, G.R. No. 119694. May 22, 1995

▪ TELEBAP, Inc. v. COMELEC, 289 SCRA 337, April 21, 1998
ESSENTIAL OR INHERENT
POWER OF GOVERNMENT
Totality of government power - It is
contained in three (3) great powers,
namely:
• power of eminent domain;
• police power; and
• power of taxation.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 10. No law impairing the

obligation of contracts shall be passed.

Ysmael vs. Deputy Executive Secretary, 190 SCRA 673

Meaning of obligations of
contract - is the duty which binds
the parties to perform their
agreement according to its terms or
intent, if it is not contrary to law,
morals, good customs, public order,
or public policy.
Contract “agreement”
Elements “COC”
•(1) Consent ;
•(2) Object of the contract; and
•(3) Consideration.
Purpose of non - impairment
prohibition:
➢ The prohibition is intended to protect
creditors, to assure the fulfillment of
lawful promises, and to guard the
integrity of contractual obligations.
 LESSON 5
BILL OF RIGHTS:
RIGHTS OF THE PERSON
ACCUSED OF A CRIME
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 11. Free access to the courts

and quasi-judicial bodies and adequate
legal assistance shall not be denied to
any person by reason of poverty.

▪ Re: Query of Mr. Roger C. Prioreschi Re Exemption from Legal

and Filing Fees of the Good Shepherd Foundation, Inc., 596
SCRA 40, AM No. 09-6-9-SC, August 19, 2009
 ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS
Section 12.
(1) Any person under investigation for the commission 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 his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 (Right against
self-incrimination) hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.
▪ People vs. Pepino, G.R. No. 174471, 12 January 2016
▪ People vs. Obrero, 332 SCRA 190, May 17, 2000
▪ People vs. Endino, 353 SCRA 307, February 20, 2001

▪ Gutang vs. People, 335 SCRA 479 (2000)

RIGHTS OF PERSON UNDER
INVESTIGATION

➢ To be informed of his right to remain silent

➢ To have competent and independent counsel
preferably of his own choice or to be provided with
one.
➢ Against the use of torture, force violence, threat,
intimidation or any other means which vitiates the
free will.
➢ Against being held in secret, incommunicado, or
similar forms of solitary detention.
R.A. 7438

RIGHTS OF A PERSON
ARRESTED, DETAINED OR
OTHERWISE UNDER
CUSTODIAL
INVESTIGATION
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
As used in this Act, "custodial investigation"
shall include the practice of issuing an
"invitation" to a person who is investigated in
connection with an offense he is suspected to
have committed, without prejudice to the
liability of the "inviting" officer for any violation
of law.
Section 3. Assisting Counsel. –
Assisting counsel is any lawyer, except
those directly affected by the case, those
charged with conducting preliminary
investigation or those charged with the
prosecution of crimes.
In the absence of any lawyer, no custodial
investigation shall be conducted and the
suspected person can only be detained by the
investigating officer in accordance with the
provisions of Article 125 of the Revised Penal
Code.
 (e) Any waiver by a person arrested or
detained under the provisions of Article 125 of
the Revised Penal Code, or under custodial
investigation, shall be in writing and signed
by such person in the presence of his
counsel; otherwise the waiver shall be null
and void and of no effect.
Section 4. Penalty Clause. – (a) xxx,
shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of
imprisonment of not less than eight
(8) years but not more than ten (10)
years, or both. xxx.
Section 6. Effectivity. – This Act shall take
effect fifteen (15) days following its publication
in the Official Gazette or in any daily
newspapers of general circulation in the
Philippines.
Approved: April 27, 1992. [Source: R.A.
7438 ([Link])]
 LESSON 6
THE ANTI-TORTURE LAW
(R.A. 9745)
AN ACT PENALIZING TORTURE AND OTHER CRUEL,
INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT
AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 3. Definitions. - For purposes of this Act, the
following terms shall mean:
(a) "Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not
include pain or buffering arising only from, inherent in or
incidental to lawful sanctions.
 (b) "Other cruel, inhuman and
degrading treatment or punishment"
refers to a deliberate and aggravated
treatment or punishment not enumerated
xxx, which attains a level of severity
causing suffering, gross humiliation or
debasement to the latter.
 (c) "Victim" refers to the person
subjected to torture or other cruel,
inhuman and degrading treatment or
punishment as defined above and any
individual who has suffered harm as a
result of any act(s) of torture, or other
cruel, inhuman and degrading treatment
or punishment.
 (d) "Order of Battle" refers to any
document or determination made by the
military, police or any law enforcement
agency of the government, listing the
names of persons and organizations that
it perceives to be enemies of the State
and that it considers as legitimate targets
as combatants that it could deal with,
through the use of means allowed by
domestic and international law.
Section 4. Acts of Torture. - For purposes of
this Act, torture shall include, but not be limited
to, the following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority or
agent of a person in authority upon another in
his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or
more parts of the body, such as:
(1) Systematic beating, headbanging,
punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping
on the stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
(5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
Being tied or forced to assume fixed and stressful
(6)
bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex organ
or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential
parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of the
teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements
such as sunlight and extreme cold;
(12) The use of plastic bag and other
materials placed over the head to the
point of asphyxiation;
(13) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:
• (i) The administration or drugs to induce confession
and/or reduce mental competency; or
• (ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
(14) Other analogous acts of physical torture.
(b) "Mental/Psychological Torture" refers to
acts committed by a person in authority or
agent of a person in authority which are
calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such
as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her
relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed
by the person's family, relatives or any third
party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
(12) Other analogous acts of
mental/psychological torture.
Section 14. Penalties. - (a) The penalty of reclusion
perpetua shall be imposed upon the perpetrators of the
following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
Section 15. Torture as a Separate
and Independent Crime. - Torture
as a crime shall not absorb or shall
not be absorbed by any other crime
or felony committed as a
consequence, or as a means in the
conduct or commission thereof. xxx
Section 17. Applicability of Refouler. -
No person shall be expelled, returned or
extradited to another State where there
are substantial grounds to believe that
such person shall be in danger of being
subjected to torture. xxx
Section 18. Compensation to Victims
of Torture. - Any person who has
suffered torture shall have the right to
claim for compensation as provided for
under RA 7309: Provided, That in no
case shall compensation be any lower
than (P10,000.00). xxx
Section 25. Separability Clause. - If any provision of
this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in
full force and effect.
Section 26. Repealing Clause. - All laws, decrees,
executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect
fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.
Approved: November 10, 2009
 LESSON 7
CONSTITUTIONAL AND
STATUTORY RIGHTS OF A
PERSON BEFORE,
DURING AND AFTER TRIAL
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 13. All persons, except those charged with

offenses punishable by reclusion perpetua (Capital
Offense) when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties,
or be released on recognizance as may be provided
by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

▪ Juan Ponce Enrile v. Sandiganbayan, G.R. No. 213847,

August 18, 2015
MEANING OF BAIL
➢ is the security required by a court and
given for the provisional or temporary
release of a person who is in the
custody of the law conditioned upon
his appearance before any court as
required under the conditions
specified.
PURPOSE AND FORM OF BAIL

➢ The purpose of requiring bail is to relieve the

accused from imprisonment until his conviction and
yet secure his appearance at the trials.
➢ It may be in the form of cash deposit, property bond
secure from a surety company, or recognizance.
➢ Kinds of BAIL:
➢ (1) Property Bond,
➢ (2) Cash Bond,
➢ (3) Corporate surety bond, and
➢ (4) Release on Recognize.
MEANING OF CAPITAL OFFENSE

➢ for purposes of the above provision, is an

offense which, under the law existing at the
time of its commissions, and at the time of
the application to be admitted to bail, may
be punished with reclusion perpetua, life
imprisonment, or death.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS
Section 14. (1) No person shall be held to answer for a criminal
offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.
EQUIPOISE RULE
➢ It is the rule that when there is a
balance between the evidence of
innocence and evidence of guilt the
balance shall be resolved in favor on
the presumption of innocence.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 15. The privilege of the writ of habeas

corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires
it.
MEANING OF HABEAS CORPUS

➢ The Writ of Habeas corpus is an order is

used by a court of competent of jurisdiction,
directed to the person detaining another,
commanding him to produce the body of the
prisoner at the designated time and place,
and to show sufficient cause for holding into
custody the individual so detained.
SUSPENSION OF THE
PRIVILEGE OF THE WRIT
➢ The privilege of the writ of habeas corpus
(not the writ itself) may be suspended by
the president (Art. VII, Sec18) in case only
of invasion or rebellion, when public safety
requires it.
➢ Consequently, the person under detention
by the government may not obtain his
liberty by its use.
WRIT OF AMPARO
➢ The writ of habeas corpus is not to be confused with
the writ of amparo. Now, families of victims of
extrajudicial killings and enforced disappearances
(or any qualified person or entity) can invoke the writ
when the right to life, liberty, or security of a person
is violated or threatened with violation by an
unlawful act or commission of a public official or
employee or of a private individual or entity.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 16. All persons shall have the

right to a speedy disposition of their
cases before all judicial, quasi-judicial,
or administrative bodies.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 17. No person shall be

compelled to be a witness against
himself.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 18. (1) No person shall be detained

solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
MEANING OF
INVOLUNTARILY SERVITUDE
- a condition of enforced, compulsory
service of one another, it includes:
• Slavery
• Peonage
EXCEPTIONS OF PROHIBITIONS

1. When involuntary servitude is imposed as a

punishment for a crime
2. When personal military or civil service is required of
citizens.
3. When injunctions requiring striking laborers to return
to work
4. When exceptional service
5. When exercise by parents of their authority
6. When there is proper exercise of the police power of
the state.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS
Section 19. (1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion
perpetua.
(2) The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 20. No person shall be

imprisoned for debt or non-payment
of a poll tax.
MEANING OF DEBT
- as intended to be covered by the
constitutional guarantee, means any
liability to pay money arising out of a
contract, express or implied.
MEANING OF POLL
TAXES
-is a tax of a fixed amount imposed on
individuals residing within a specified
territory, whether citizens or not, without
regard to their property or the occupation
in which they may be engaged.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 21. No person shall be twice put in

jeopardy of punishment for the same offense.
If an act is punished by a law and an
ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution
for the same act.
MEANING OF RIGHTS
AGAINST DOUBLE JEOPARDY
- means that when a person is charged with an
offense and the case is terminated either by
acquittal or conviction or in any other manner
without the express consent of the accused,
the latter cannot again be charged with the
same or identical offense.
ARTICLE III (1987, PHILIPPINE
CONSTITUTION) - BILL OF RIGHTS

Section 22. No ex post facto law or

bill of attainder shall be enacted.
MEANING OF EX POST FACTO LAW

➢ Makes an act done before the passage of the law, innocent

when done, criminal, and punishes such act; or
➢ Aggravates a crime or makes it greater than when it was
committed; or
➢ Changes the punishment and inflicts a greater punishment
than what a law annexed to the crime when committed; or
➢ Alters the legal rules of evidence, and receives less testimony
than or different testimony from what the law required at the
time of the commission of the offense, in order to convict the
offender.
CHARACTERISTICS OF EX
POST FACTO LAW
They are:
➢Ex post facto laws relate to penal or criminal
matters only
➢They are retroactive in their operations; and
➢They are deprive persons accused of crime of
some protection or defense previously available, to
their disadvantage.
MEANING OF BILL OF
ATTAINDER
- is a legislative act which inflicts
punishments without judicial trial.
 LESSON 8
THE UNIVERSAL
DECLARATION OF
HUMAN RIGHTS
Article 1.
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

til Article 30 . . .
MARAMING SALAMAT PO!