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ABOUT THE AUTHOR

Marc Darrel P. Alcazar, CSP, CSI, CSMS, CSRAM, SO3, MSCA

(ongoing) is a distinguished professional with a formidable background in the
realms of security and academia. As a devoted faculty member at Cavite
State University's Don Severino De las Alas Campus, he plays a pivotal role in
shaping the minds of future security professionals within the esteemed
Bachelor of Science in Industrial Security Management program under the
College of Criminal Justice.

Having completed his academic journey at the same institution and

graduating in August 22, 2022, the author swiftly transitioned into the field of
education, commencing his teaching career on September 12, 2022. The
author is currently pursuing his Master in Security and Correctional
Administration (MSCA) at Pamantasan ng Lungsod ng Muntinlupa (PLMun),
further advancing his knowledge and expertise. Simultaneously, he has been
contributing his expertise as a Security Investigator and Assistant Detachment
Commander (ADC) to a prominent security agency since 2023.

His real-world experience enriches his teaching, offering students a

blend of theoretical knowledge and practical insights. Beyond his academic
pursuits, the author boasts an impressive array of certifications that highlight
his commitment to the field. Holding the esteemed Certified Security
Professional (CSP), Certified Security Management Specialist (CSMS),
Certified Security Investigator (CSI), Corporate Security Risk Assessment
Masterclass (CSRAM), Safety Officer 3 certification in Loss Control
Management (LCM) and Hazard Identification, Risk Assessment, and Control
(HIRAC), TESDA NCII Security Services, Security Officer License, In-Service
Enhancement Security Training Course (BSSC), CCTV Operator License, VIP
Security, and numerous other security-related certifications, he possesses a
comprehensive skill set that combines theoretical knowledge with practical
expertise.

The author dedication to excellence is evident in both his role as an

educator and as a security professional. His multifaceted background
positions him as a valuable contributor to the development of not only aspiring
security professionals but also to the continuous enhancement of the security
industry as a whole.
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 CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER I. CONCEPTS AND PRINCIPLES OF HUMAN RIGHTS

Human Rights as defined:

 are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
 as supreme, inherent, and inalienable rights to life, to dignity, and to self-
development. The essence of these rights makes man human. It is concerned with
issues in both areas of civil and political rights, economic, social, and cultural rights
founded on internationally accepted human rights obligations to which the Philippine
Government is a state party.

HUMAN RIGHTS VS FREEDOM VS PRIVILEGE

 Freedom- refers to a state of independence where you can do what you like without
any restriction by anyone
 Privilege- conditional and granted only after birth
 Rights and the term freedom appear at various places in constitutions around the
world. In fact, Freedom is one of the core concepts of the American constitution (and
the Philippines as well). Frequently, the terms are interchangeable. In most
scenarios, they mean the same thing. In fact, taking away someone’s right means
taking away their freedom as well. The main difference between a right and freedom
is a right is an entitlement of a given thing. For example, a person working at a job
has a right to receive their salary as per the contract. However, freedom refers to the
state in which a government cannot restrict a person from performing a certain
activity. However, this activity has to be within the bounds of the law.

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 WHAT ARE RIGHTS?
A right is an entitlement that one receives when one becomes part of society. Human can
get different types of rights throughout their lives depending on various factors. A few factors
are:
 Age
 Nationality
 Occupation
 Education
A right can be given based on the economic, social and political standing of an individual. A
country confers national rights to a citizen. These rights are a core component of a country’s
constitution. A few common rights that are given to a citizen by their government is:
 Right to Education
 Right to freedom of Thought
 Right to freedom of Religion
 Right to Life
 Right to freedom of Movement
 Right to freedom of Expression
An individual receives rights because they are human. These are known as human rights.
Human rights were the creation of the United Nations. The meeting wherein the outline of
Human Rights was given under the guidance of Eleanor Roosevelt. Human rights include:
 Right to freedom of life
 Right against slavery
 Right against inhuman treatment and torture
 Right to equality
 Right to a fair trial and many more

WHAT IS FREEDOM?
Freedom is a state of being where a person can carry out different activities without
interference from other individuals or authority. This is an emotional entity. It is also
objective. This means that the term freedom can mean different things for different people.
People can have a different perception of freedom depending on different factors. They are:
 Upbringing
 Education
 Location
 Occupation
 Race
Freedom is a product of rights. This means that a person can receive freedom only when he
or she has been given rights.
Freedom is also an essential component of human society. Freedom allows one to live a
happier and a healthier life. It is a requirement for one to express themselves.

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Main Difference between Rights and Freedom
 A right has a legal binding. It is a privilege that a country or an institution gives to an
individual for being a part of it. Freedom is a state of being.
 A right is an objective. However, Freedom is subjective. It differs from person to person.
 A right is an important component of the constitution. A person receives at different
times. Freedom is given to a person at the time of their birth.
 A right cannot be taken away from a person unlawfully. However, Freedom can be taken
away unlawfully as well as lawfully.

Basic Characteristics of Human Rights

1. Inherent - Not granted by any person or authority
2. Fundamental - Without them, the life and dignity of man will be meaningless
3. Inalienable - Cannot be rightfully taken away from a free individual
4. Imprescriptible - Cannot be lost even if man fails to use or assert them, even by a long
passage of time
5. Indivisible - Not capable of being divided. Cannot be denied even when other rights
have already been enjoyed
6. Universal - Applies irrespective of one’s origin, status, or condition or place where one
lives
7. Interdependent - The fulfillment or exercise of one cannot be had without the realization
of the other.

CLASSIFICATION OF RIGHTS
According to Source
1. Natural Rights - God-given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society
Examples: The right to be happy, right to marry, right to life and property, etc.

2. Constitutional Rights - Conferred and protected by the Constitution and which cannot be
modified or taken away by the law-making body
Examples: right to suffrage, right to religion, etc.

3. Statutory Rights - Those rights which are provided by law promulgated by the law-
making body. May be abolished by the body that created them
Examples: rights of the accused, rights of persons under custodial investigation, etc.

According to Recipient
1. Individual Rights - Accorded to individuals
Examples: right to vote, right to own property, etc.

2. Collective Rights - Also called “people’s rights” or “solidarity rights”. Rights of the society,
those that can be enjoyed only in company with others.
Examples: right to cultural preservation, environmental rights, right to assembly, etc.

According to Aspect of Life

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 1. Civil Rights - 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. Partake of the
nature of political rights when they are utilized as a means to participate in the government
Examples: right to self-expression, right to marry, right to religion, etc.
2. Political Rights - Rights which enable us to participate in running the affairs of the
government either directly or indirectly
Examples: right to vote, right to assembly, etc.
3. Economic and Social Rights - Those which the law confers upon the people to enable
them to achieve social and economic development
Examples: right to own property, right of employees, etc.
4. Cultural Rights - Rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the principle of
unity in diversity in a climate of free artistic and intellectual expression.
Examples: right to practice one`s culture, right to cultural religion, right to use own language,
etc.

According to Derogability
1. Absolute or Non-Derogable Rights - Those that cannot be suspended nor taken away
nor restricted/limited even in extreme emergency and even if the government invokes
national security.
Examples: The right to freedom of thought, conscience, and religion

2. Derogable or Can-Be-Limited Rights - May be suspended or restricted or limited

depending on the circumstances which call for the preservation of social life. It must satisfy
three requirements for it to be valid:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which necessitates the urgent preservation of the
public good, public safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.
Examples: (During pandemic) the right to travel may be limited, right to liberty, which
can be lawfully restricted

State Obligations to Human Rights:

1. Obligation to RESPECT – Requires the state and all its organs and agents to abstain from
doing anything that violates the integrity of individual or fringes on his/her freedom.
2. Obligation to PROTECT – Requires the state and its agents the measures necessary to
prevent other individuals or groups from violating the integrity, freedom of action, or the
human rights of the individual.
3. Obligation to FULFILL – Requires the state to take measures to ensure for each person
within its jurisdiction opportunities to obtain satisfaction of those needs, recognized in the
human rights instruments, which cannot be secured by personal efforts.

CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. activities.

It shall produce professional, skilled and

morally 6upright
| P a individuals
ge for global
competitiveness.
 CAVITE STATE UNIVERSITY
Don Severino de las Alas Campus
Indang, Cavite
COLLEGE OF CRIMINAL JUSTICE
Department of Industrial Security Management

CHAPTER II. HISTORY OF HUMAN RIGHTS

I. WHEN DOES THE CONCEPT OF HUMAN RIGHT STARTED?

 It was considered first recognized during the time of Cyrus the Great, the King of
Persia around 539 B.C.
 As Cyrus the Great conquered Babylon, he freed the slaves of the city and
declared that all people had the right to choose their own religion and established
racial equality. These and other decrees were recorded on a baked-clay
cylinder in the Akkadian language. (Dela Cruz and Florendo, 2017)

Cyrus Cylinder
 A baked-clay cylinder recognized as the world’s first charter of human rights
 It is translated into all six official languages of the United Nations (Arabic,
Chinese, English, French, Russian and Spanish) and its provisions parallel to the
first four articles of the Universal

Declaration of Human Rights

Article 1- Free and equal
Article 2- Freedom from discrimination
Article 3- Right to life
Article 4- Freedom from slavery

II. HOW DOES THE CONCEPT OF HUMAN RIGHTS SPREAD?

 The idea of human rights spread quickly to India, Greece and eventually Rome.
o In here, the concept of the following laws arose:
1. Natural Law - law of life by which people follow even not formally
written
2. Roman law - law based on rational ideas derived from the nature of
things
o After which, the following were the next documents that had contributed to
the concept of human rights we are using today:
1. Magna Carta (1215)
2. Petition of rights (1628)
3. US Declaration of Independence (1776)
4. US Constitution (1787) & US bill of rights (1791)
5. French Declaration of the rights of Man and of the Citizen (1789)

A. MAGNA CARTA of 1215

 Also known as the “Great Charter” o Signed by King John of England o This is
the document that was signed by King John of England under pressure from his
subjects

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  This is one of the most important early influence to the history of human rights
 This is what led the rule of constitutional law today in the English-speaking world

WHAT WAS THE STORY BEHIND FORCING KING JOHN OF ENGLAND TO SIGN THE
MAGNA CARTA?

 During his regime, he was then known for violating a number of ancient laws
and customs by which England had been governed – this is the reason why he
had his subject rebelled against him and forced him to sign the so called - Magna
Carta.

WHAT COMPOSES THE MAGNA CARTA?

The following are some of the salient features of Magna Carta:

1. Right of the church to be free from governmental interference
2. Right of all free citizens to own and inherit property
3. Right to be free from excessive taxes
4. Right of the widows who owned property to choose not to remarry
5. Principle of due process
6. Principle of equality before the law
7. Principle of forbidding bribery
8. Principle of forbidding official misconduct

B. PETITION OF RIGHT (1628) this contains statement of civil liberties produced by the
English Parliament in 1628 and sent to King Charles I.

WHAT WAS THE STORY BEHIND THE PARLIAMENT SENDING PETITION OF RIGHT
TO KING CHARLES I?

 King Charles I had his foreign policy unpopular. By that, the parliament refused
to finance it. Refusal of financing it caused his government to exact forced
loans and to quarter troops in subject’s houses as an economy measure.

WHAT COMPOSES THIS PETITION OF RIGHT?

The following are some of the salient features of the Petition of Right of 1628:
1. No taxes may be levied without the consent of the Parliament;
2. No subject may be imprisoned without cause shown ( reaffirmation of the right of
habeas corpus) ;
3. No soldiers may be quartered upon citizenry; and
4. Martial law may not be used in time of peace

C. UNITED STATES DECLARATION OF INDEPENDENCE (1776)

 Written by Thomas Jefferson as primary author o Approved by the United
States Congress on July 04, 1776 o This declaration was initially published as
a printed broadsheet that was widely distributed and read to the public
 The ideas of this declaration became widely held by Americans and spread
internationally as well, influencing in particular the French Revolution.

WHAT WAS THE PURPOSE OF WRITING THIS DECLARATION?

 This declaration was written by Jefferson for the following purpose:

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 1. To formally explain why Congress had voted on July 2 to declare
dependence from Great Britain, more than a year after the outbreak of
the American Revolutionary War
2. To announce that the thirteen American Colonies were no longer part
of British Empire

D. 1787 CONSTITUTION OF THE UNITED STATES OF AMERICA AND THE BILL OF

RIGHTS OF 1791
 1787 Constitution of the United States of America o It is the fundamental
law of the US Federal system government and the landmark document of the
Western World. o It is the oldest written national constitution in use o It defines
the principal organs of government , jurisdictions and the basic rights of
citizens
 1791 US Bill of Rights o Amended the US Constitution and came into
effect on December 15, 1971

WHAT COMPOSES THIS BILL?

Here are the salient features of the 1791 US Bill of rights:
1. Limited the powers of the federal government of United States
2. Protects the rights of all citizens, residents and visitors of American territory
3. Protects the freedom of speech
4. Protects the freedom of religion
5. Protects the right to keep and bear arms
6. Protects the freedom of assembly
7. Protects the freedom to petition
8. Prohibits unreasonable searches and seizure
9. Prohibits cruel and inhumane punishment
[Link] compelled self-incrimination

In the aspect of legal protection, the following are being implemented by this bill:
1. Prohibited the Congress from making any law respecting establishment of
religion
2. Prohibited the federal government from depriving any person of life, liberty or
property without due process of law

In the federal criminal cases, the following are being implemented by this bill:
1. Required indictment by a grand jury for capital offense, or infamous crime
2. Guarantees speedy public trial with an impartial jury in the district in which the
crime occurred
3. Prohibits double jeopardy

E. 1789 DECLARATION OF THE RIGHTS OF THE MAN AND OF THE CITIZEN 1789
 People of France brought about the abolishment of Absolute Monarchy
 They set the stage for the establishment of First French republic

6 weeks after storming of Bastille, about 3 weeks after abolition of feudalism

 National Constituent Assembly adopted the Declaration of the rights of Man and
of the Citizen. This became the first step toward writing a constitution for the
Republic of France

WHAT DOES THIS DECLARATION PROCLAIMS?

 All Citizens are to be guaranteed the rights of - Liberty, property, security and
resistance to oppression.

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F. THE FIRST GENEVA CONVENTION (1864)
What is a CONVENTION?
 Binding agreement between states. These are stronger than Declarations
because they are legally binding for governments that have signed them.

What is a TREATY?
 Document stating agreed upon standards but which is not legally binding.
 Formal agreement between states that defines and modifies their mutual duties
and obligations

What is a DECLARATION?
 Document stating agreed upon standards but which is not legally binding.

WHAT IS THAT FIRST GENEVA CONVENTION?

 Convention for the Amelioration of the Wounded in Time of War in 1864
Purpose: to Provide care for Wounded Soldiers.

WHAT CONTAINS THIS CONVENTION?

1. the immunity from capture and destruction of all establishments for the treatment of
wounded and sick soldiers and their personnel
2. the impartial assistance treatment of all combatants
3. the protection of civilians providing aid to the wounded
4. the recognition of the Red Cross symbol as a means of identifying persons and
equipment covered by the agreement.

OTHER CONVENTIONS DEVELOPED:

- 2nd Geneva Convention
1906 Maritime warfare through the Hague conventions
- 3rd Geneva Convention
1929 Convention Relating to the Treatment of Prisoners of War
- Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field
- Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field
- the Convention Relative to the Treatment of Prisoners of War
- the Convention Relative to the Protection of Civilian Persons in Time of War

G. THE UNITED NATIONS (1945)

 Is an international organization founded in October 24, 1945. Currently
made up of 193 Member States, the UN and its work are guided by the
purposes and principles contained in its founding Charter.

What is the purpose of United Nations?

 To promote peace and prevent future war

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H. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)
 Formally adopted by the UN representatives from all regions of the world on
December 10, 1948
 It is the Universal human right document in existence, delineating the thirty
fundamental rights.
 This is a living document that has been accepted as contract between a
government and its people throughout the world

UNIVERSAL DECLARATION OF HUMAN RIGHTS (full article)

Source: [Link]

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace in
the world, Whereas disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind, and the advent of a
world in which human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of the common
people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last

resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between

nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith
in fundamental human rights, in the dignity and worth of the human person and in the
equal rights of men and women and have determined to promote social progress
and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with
the United Nations, the promotion of universal respect for and observance of human
rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest

importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of

achievement for all peoples and all nations, to the end that every individual and

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every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

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.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10

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Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.
Article 11
Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence. No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal offence, under
national or international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal offence
was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the
right to the protection of the law against such interference or attacks.
Article 13
Everyone has the right to freedom of movement and residence within the borders of
each state. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14
Everyone has the right to seek and to enjoy in other countries asylum from
persecution. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and principles
of the United Nations.
Article 15
Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.
Article 16
Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution. Marriage shall be entered into only
with the free and full consent of the intending spouses. The family is the natural and
fundamental group unit of society and is entitled to protection by society and the
State.
Article 17
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in

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community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 20
Everyone has the right to freedom of peaceful assembly and association. No one
may be compelled to belong to an association.
Article 21
Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. Everyone has the right of equal access to
public service in his country. The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and genuine elections which
shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and
cultural rights indispensable for his dignity and the free development of his
personality.
Article 23
Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment. Everyone, without any
discrimination, has the right to equal pay for equal work. Everyone who works has
the right to just and favourable remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if necessary, by other means
of social protection. Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25
Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control. Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall enjoy the same
social protection.

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Article 26
Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit. Education shall be
directed to the full development of the human personality and to the strengthening of
respect for human rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace. Parents
have a prior right to choose the kind of education that shall be given to their children.

Article 27
Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits. Everyone has
the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29
Everyone has duties to the community in which alone the free and full development
of his personality is possible. In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are determined by law solely for the
purpose of securing due recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order and the general
welfare in a democratic society. These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.

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 CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER III. LEGAL BASIS OF HUMAN RIGHTS

On October 24, 1945, in the aftermath of World War II, the UN came into being as an
intergovernmental organization, with the purpose of saving future generations from the
devastation of international conflict.

UN representatives from all regions of the world formally adopted the Universal Declaration of
Human Rights on December 10, 1948.

The Charter of the UN established six principal bodies, including the general assembly, the
Security Council, the International Court of Justice, and in relation to human rights, an Economic
and Social Council (ECOSOC).

The UN Charter empowered ECOSOC to establish “commissions in economic and social fields
and for the promotion of human rights…” One of these was the United Nations Human Rights
Commission, which, under the chairmanship of Eleanor Roosevelt, saw to the creation of the
UDHR.

The Declaration was drafted by representatives of all regions of the world and encompassed all
legal traditions. Formally adopted by the UN on December 10, 1948, it is the most universal
human rights documents in existence, delineating the thirty fundamental rights that form the
basis for a democratic society.

Following the historic act, the Assembly called upon all member countries to publicize the next of
the declaration and “to cause it to be disseminated, displayed, read and expounded principally in
schools and other educational institutions, without distinction based on the political status of
countries or territories.”

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 Today, the Declaration is a living document that has been accepted as a contract between a
government and its people throughout the world. According to the Guinness Book of World
Records, it is the most translated document in the world.

The UDHR has inspired a number of other human rights laws and treatise throughout the world.

International Covenant on Economic, Social and Cultural Rights

Economic social and cultural rights (ESCR) include the rights to adequate food, to adequate
housing, to education, to health, to social security, to take part in cultural life, to water and
sanitation, and to work.

International Covenant on Civil and Political Rights

Civil and political rights are among the best known human rights, covering freedom from
discrimination and the right to privacy, as well as the right to peaceful assembly, free expression,
the right to vote, and freedom of religion. CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER IV. FOUNDATION OF HUMAN RIGHTS PRINCIPLES AND

CLASSIFICATIONS

Importance of Human Rights to Law Enforcement

- preventing crimes, they help to protect and maintain respect for human rights. Human
rights enhance effective policing by providing strict principles on legality, necessity and
proportionality. These principles create confidence in the state and strengthen the rule of
law.

Ten (10) International Human Rights Standard to Law Enforcement

1. Everyone is entitled to equal protection of the law, without discrimination on any grounds,
and especially against violence or threat. Be especially vigilant to protect potentially
vulnerable groups such as children, the elderly, women, refugees, displaced persons and
members of minority groups.
2. Treat all victims of crime with compassion and respect, and in particular protect their
safety and privacy.
3. Do not use force except when strictly necessary and to the minimum extent required
under the circumstances.
4. Avoid using force when policing unlawful but non-violent assemblies. When dispersing
violent assemblies, use force only to the minimum extent necessary.
5. Lethal force should not be used except when strictly unavoidable in order to protect your
life or the lives of others.
6. Arrest no person unless there are legal grounds to do so, and the arrest is carried out in
accordance with lawful arrest procedures.

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7. Ensure all detainees have access promptly after arrest to their family and legal
representative and to any necessary medical assistance.
8. All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of
torture or ill-treatment, in any circumstances, and refuse to obey any order to do so.
9. Do not carry out, order or cover up extrajudicial executions or “disappearances”, and
refuse to obey any order to do so.
10. Report all breaches of these Basic Standards to your senior officer and to the office of
the public prosecutor. Do everything within your power to ensure steps are taken to
investigate these breaches.

Human Rights Violations

Slavery - After being brought to the American colonies, Africans were stripped of human
rights, enslaved, brutally treated and considered lesser than their fellow human beings for
centuries.
Holocaust - also known as the Shoah, was the genocide of European Jews during World
War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically
murdered some six million Jews across German-occupied Europe, around two-thirds of
Europe's Jewish population.
Human Rights-Based Policing
Human Rights-Based Policing (HRBP) is the comprehensive, systematic, and institutional
compliance with international human rights standards and practices in the conduct of police
or law enforcement functions. It is also an approach to policing that defines the relationship
between individual citizens and various groups or sectors of society as claim holders whose
rights have to be respected and protected by the police; and the Police as duty holders that
have obligations to respect, protect and fulfil human rights. HRBP also aims to empower
claimholders to claim their rights, while strengthening the capacities of duty-holders to meet
their duties and obligations as human rights protectors.
The PNP has three levels of human rights obligations: to respect, protect and fulfil human
rights.
1. To respect human rights means refraining from interfering with the enjoyment of
people’s rights.
2. To protect human rights means to implement laws that provide equal protection to all
persons from human rights violations by state authorities or by non-state actors.
3. To fulfil human rights refers to the act of establishing institutions and implementing
systems, mechanisms or procedures that enable people to claim and enjoy their
rights.
Mainstreaming human rights-based approaches in police work is done by
incorporating human rights principles and practices into police doctrines, strategies, and
plans. These principles and practices are also applied to all police systems, procedures,
methods, and tactics. To be truly effective, even police equipment, supplies, and facilities are
reviewed and upgraded to enable a police organization to meet human rights standards for
law enforcement.
Human Rights-Based Policing is considered to be institutionalized when human
rights principles and practices are taught and applied at all levels, in both operational and
administrative functions of the police organization. Once human rights-based policing is
institutionalized, a police organization enhances its effectiveness and credibility in
networking with other government and non-government agencies to address various human
rights issues and concerns.

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 While the historical context, socio-cultural background, economic realities, and crime
situation have an impact on how a police organization plans and performs its functions there
are internationally recognized human rights standards for law enforcement that must be met
by all police agencies including the PNP.
As a reform initiative, Human Rights-Based Policing is a strategic approach for
reorienting the police organization from the traditional policing models or theories based
purely on social control or repression to a new paradigm anchored on genuine respect for
human rights and dignity, transparency, accountability, rule of law, and people’s active
participation in democratic governance.

POLICE STATION CHECKLIST ON HUMAN RIGHTS-BASED POLICING

(as maintained by the Human Rights Desk)

1. Number and profile of personnel with:

- Basic and advanced training in human rights
- Human rights modules in mandatory and special courses
- Additional human rights seminars, workshops, and training conducted by CHR
- Additional human rights seminars, workshop, training conducted by NGOs and foreign
organizations
2. Number of custodial detention facilities / lock-up cells inspected.
- Are there separate facilities for men, women, and children?
- Is there a regularly updated Database on Detainees including their complete name,
address, age, sex, nature of crime or offense, status of case or investigation, date of
inquest, release or transfer to jail, contact details of lawyer or family, etc.?
- Are the custodial detention facilities / lock-up cells clean, safe, and secure? Are
detainees confined in facilities that pose no threat to their health and safety?
3. Number and profile of complaints of alleged human rights violations such as:
- Excessive Use of Force (EF)
- Illegal Arrest (IA)
- Illegal Detention (ID)
- Extra-legal Killings (ELK) or summary executions
- Enforced Disappearance (ED)
- Other human rights violations
4. Number and status of alleged cases of human rights violations investigated or handled by
the police station.
5. Display of posters and information materials on Rights of Persons Arrested, Detained or
Under Investigation (R.A. 7438) at the police station and other PNP offices.

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- Display the posters inside the investigation room, near custodial detention facilities, and
other prominent locations inside the police station.
6. Activation of human rights desk and designation of human rights desk officers (HRDOs) at
the police station level including:
- Preparation of Human Rights Desk Workflow and directory of other PNP units and
government agencies involved in human rights protection.
- Human Rights Promotion/Protection Action Plan (police station-level)
7. Coordination with Barangay Human Rights Action Officer (BHRAO) on joint human rights
plans and activities; protective services to victims of human rights violations; and other
mission-essential tasks related to human rights promotion and protection at the community
level.
HUMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES
Receiving / Taking Action on Complaints of Alleged Human Rights Violations:
1. Politely greet the complainant or any person that approaches the Human Rights Desk.
State your rank and full name, then ask the complainant or person about his specific need or
purpose for approaching your desk.
2. Through initial interview, evaluate if the complaint is about an alleged human rights
violation or a typical complaint that is supposed to be handled by other desks such as the
Investigation Desk, Women & Children’s Protection Desk (WCPD), etc.
3. Assess if the complaint is about alleged enforced disappearance (ED), extra-legal killing
(ELK), torture (TOR), illegal arrest (IA), or excessive use of force by a police officer and/or
law enforcer (EF).
4. If the complaint is related to human rights violations cited in No. 2, get a written statement
from the complainant about the incident. Get full details of the incident, complete name and
contact details of the complainant, and other pertinent information.
5. Inform the complainant that he/she will receive an update on actions taken by the Human
Rights Desk / Police Station within three (3) days. Further, inform the complainant that the
update on actions taken may be sent via phone call, text message, email, or as a last resort,
via post mail. Also provide the complainant with your official telephone/fax numbers, e-mail
address, and other contact details.
6. Thank the complainant for reporting the incident / alleged human rights violation. Express
reassurance that the Human Rights Desk would closely monitor the actions that will be taken
by the appropriate police units or government agencies that will handle the complaint or
report of alleged human rights violation.

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 CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER V. THE INTERNATIONAL HUMANITARIAN LAW

What is International Humanitarian Law?

▪ This body of law can be defined as the principles and rules which limit the use of violence
in times of armed conflict.

What is Armed Conflict, when does it exist?

a. Between states, and between states and national liberation movements.
(International Armed Conflict)
b. Between governmental authorities and organized armed groups.

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 c. Between organized armed groups within state.
Essential Rules
▪ Neither the parties to the conflict nor members of their armed forces have an unlimited right
to choose methods and means of warfare. It is forbidden to use weapons or methods of
warfare that are likely to cause unnecessary losses or excessive suffering.
▪ The wounded and sick must be collected and cared for by the party to the conflict which
has them in its power. Medical personnel and medical establishments, transports and
equipment must be spared. The red cross or red crescent on a white background is the
distinctive sign indicating that such persons and objects must be respected.
▪ Captured combatants and civilians who find themselves under the authority of the adverse
party are entitled to respect for their lives, their dignity, their personal rights and their
political, religious and other convictions. They must be protected against all acts of violence
or reprisal. They are entitled to exchange news with their families and receive aid. They must
enjoy basic judicial guarantees.

What are the main kinds of IHL? What is the significance of this?
1. Treaty Law - Treaties, conventions, protocols and similar international legal instruments –
binding on States Parties which ratify or accede.
2. Customary Law - Generally accepted principles and rules established by sufficient state
practice and legal opinion, which are binding on all, particularly on all parties (including non-
state armed groups) to armed conflicts in the case of customary IHL.

How does IHL relates to Human Rights (HR)? What are their distinctions?
1. Relations governed
HR – Between state and individual, for protection of the individual from state power and
abuse (recent legal trends to cover protection from non-state armed group abuse).
IHL – Between parties in armed conflict, in between both/all of them and affected civilians or
non-combatants, for their protection and, to some extent, also for the protection of
combatants from certain methods and means (weapons) of warfare.

2. Obliged parties
HR – The state, recently also non-state actors
IHL – Both parties, state or non-state armed group.

3. Time applicability
HR – At all times, in peace and in war, but some derogation allowed all times in public
emergency.
IHL – In times of armed conflict, no derogation under any circumstances therein; some
limited application, like promotion measures, in peace time.

4. Place applicability
HR – In all places globally
IHL – In areas of armed conflict

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5. Main treaty sources
HR – HR treaties
IHL – IHL treaties

How does IHL become part of the Philippine Legal System?

1. Customary IHL, and the incorporation clause of the Philippine Constitution which
provides that the Philippines adopts the generally accepted principles of international law as
part of the law of the land.
2. Treaty IHL, and the treaty clause of the Phil. Constitution which provides that no treaty or
international agreement shall be valid and effective unless (its ratification by the President
has been) concurred by in at least two-thirds of all the members of the Senate.
3. Implementing legislation and/or administrative action – where necessary for
implementation, such as with ratified treaty provisions that are not self-executory, usually
those requiring the imposition of penal sanctions.
4. Special agreements on IHL between the Philippine government and different rebel
groups – are technically not part of the legal system but are similar to civil contracts in the
sense of being “the law between parties.”
5. Unilateral declarations of adherence to IHL by Philippine rebel groups – are more so
technically not part of the legal system but can likewise be invoked with the rebel groups
which issue them.

Three (3) main currents

1. The “Law of Geneva”, represented by the international conventions and protocols
established under the aegis of the International Committee of the Red Cross (ICRC) with the
protection of the victims of conflict as their central concern;
2. The “Law of The Hague”, based on the results of the peace conferences in the capital of
the Netherlands in 1899 and 1907, which dealt principally with the permissible means and
methods of war;
3. The efforts of the UN to ensure that human rights are respected in armed conflicts and to
limit the use of certain weapons.

Fundamental Principles of International Humanitarian Law

▪ Distinction
▪ Proportionality
▪ Limitation
▪ De Martens Clause

Principle of Distinction
▪ Most basic principle of IHL which is for the parties to the conflict to distinguish between
combatants and civilians, and between military objectives and civilian objects.
▪ Indiscriminate attacks are those which: (a) are not directed at a specific military objective;
(b) employ a method of means of combat which cannot be directed at a specific military
objective; and (c) employ a method or means of combat the effects of which cannot be
limited as required by the rules of war.

Consequently, the following, are prohibited:

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 Acts or threats of violence, the primary purpose of which is to spread terror among the
civilian population (concept of terrorism)
 Attacks by bombardment which treats as a single military objective a number of clearly
separated and distinct military objectives in a city, town, village, or other area containing
a concentration of civilians or civilian objects.
 Indiscriminate attacks are prohibited, and so are the use of weapons which are by nature
indiscriminate. This is the main principle for civilian protection.

Principle of Proportionality
▪ Proper balancing of the conflicting interests between military necessity and humanitarian
considerations.
▪ Among several military objectives for obtaining a similar military advantage, the objective
selected should be the one where the attack may be expected to cause the least danger to
civilians and civilian objects.
It is prohibited to launch an attack which may be expected to cause incidental loos of
(collateral damage) civilians and civilian objects which would be excessive in relation to the
military advantage anticipated.
There must therefore be various precautions in attack as well as against the effects of
attacks.

The principle of proportionality is also reflected in two concepts:

1. Is the prohibition of causing superfluous injury to unnecessary suffering, especially as
applied to means and methods of warfare.
2. Is the weighing of not only humanitarian but also socioeconomic and (natural)
environmental consequences vis-à-vis military utility, much like the weighing of costs and
benefits or of ends and means.

Principle of Limitation
Basic rule that the right of the parties to the conflict to choose methods or means of warfare
is not unlimited. As the saying goes, “Even War Has its Limits.” IHL then provides both
general and specific limitations and restraints.

Principle of De Martens Clause

▪ “Fall Back” principle, “in cases not covered by the Regulations… the inhabitants and
belligerents remain under the protection and the rule of principles of the law of nations, as
they result from the usages established among civilized peoples, form the laws of humanity,
and the dictates of the public conscience.”
▪ Note not only civilized usages and sense of humanity but also the public conscience (thus,
public opinion to some extent) as guides or “fall backs” in the absence of specific rules.

Legal remedies in cases of Enforced Disappearances and Extra-Judicial Killings (EJK)

1. Writ of Habeas Corpus (WOHC)

Is a Latin phrase which literally means “you have the body.” The writ is an order to the
person in charge of someone’s detention to deliver the named person so that the court can
investigate the legality of his imprisonment. Basically, it is a writ directed to the person
detaining another, commanding him to produce the body of the prisoner at the designated

24 | P a g e
 time and place and explain the cause of his detention. The WOHC generally extends to all
cases of illegal confinement or detention by which a person is deprived of liberty, or the
rightful custody of a person is withheld from the person entitled to it.

2. Writ of Amparo (WOA)

The Writ of Amparo is of Mexican origin. Amparo means protection from the Spanish word
“Amparar”. It is a remedy available to any person whose right to life, liberty and security has
been violated or is threatened with violation by an unlawful act or omission of a public
official/employee, or of a private individual or entity.
The writ is issued in cases of EJK and Enforced Disappearances or threats thereof.

3. Writ of Habeas Data (WOHD)

The WOHD is a remedy available to any person who’s the right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or private
individual. The WOHD enables the petitioner to invoke the right to privacy and right to
information.

CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER VI. INTERNATIONAL HUMANITARIAN LAW MEANS AND METHODS

OF WARFARE

International Humanitarian Law

▪ Protects all persons who are not, or no longer participating in the hostilities, as well as
certain places and objects.
▪ Restricts the rights of the warring parties to use the means and methods of warfare of their
choice.

Limitations on means and methods of warfare

▪ The right of the parties to the conflict to choose methods and means of warfare are not
unlimited. (Art. 22, Hague Law)
▪ It is prohibited to employ means and methods of warfare of a nature to cause superfluous
injury or unnecessary suffering. (Art. 23, Hague Law)
▪ Parties of a conflict must all times distinguish between civilians and combatants.
▪ Indiscriminate attacks are prohibited.
▪ Weapons that inherently indiscriminate of have indiscriminate effects must not be used.

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▪ It is prohibited to employ methods or means of warfare which are intended or may be
expected to cause widespread, long-term and severe damage to the natural environment.

Declaration of St. Petersburg (1868)

▪ That the only legitimate object which States should endeavor to accomplish during war is to
weaken the military forces of the enemy;
▪ that for this purpose it is sufficient to disable the greatest possible number of men;
▪ that this object would be exceeded by the employment of arms which uselessly aggravate
the sufferings of disabled men, or render their death inevitable;
▪ that the employment of such arms would, therefore, be contrary to the laws of humanity.
Prohibition to cause superfluous injury or unnecessary sufferings
▪ Requires that a balance be struck between military necessity and the expected injury or
suffering inflicted.
▪ Excessive injury or suffering, that which is out of proportion to the military advantage
sought.

Martens Clause
In cases not covered by international agreements, civilians and combatants remain under
the protection of the principles of international law derived.
▪ from established customs
▪ from the principles of humanity, and
▪ from the dictates of public conscience

Regulation of Specific Weapons

▪ exploding bullets
▪ expanding bullets
▪ poison
▪ chemical weapons
▪ biological weapons
▪ non-detectable fragments
▪ blinding laser weapons
▪ cluster munitions
▪ mines, booby traps and other similar explosive devices, and
▪ incendiary weapons

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 CvSU Mission
CvSU Vision
The Cavite State University shall provide
The premier university in historic excellent, equitable and relevant educational
Cavite globally recognized for opportunities in the arts, sciences and
excellence in character development,
academics, research, innovation and
Republic of the Philippines technology through quality instruction,
responsive research and development
sustainable community engagement. CAVITE STATE UNIVERSITY activities.
Don Severino de las Alas Campus It shall produce professional, skilled and
Indang, Cavite morally upright individuals for global
competitiveness.

COLLEGE OF CRIMINAL JUSTICE

Department of Industrial Security Management

CHAPTER VII. HUMAN RIGHTS (PHILIPPINE SETTING)

Bill of Rights and Constitutional Rights of the Philippines

Bill of rights is located in Article III of the 1987 Philippine Constitution. The rights were
discussed in the following:
Section 1: No person shall be deprived of life, liberty and property without due process of
law, nor shall any person be denied for the equal protection of the laws.
Section 2: The right of the people to be secured in their persons, houses, papers and other
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 things to be seized.

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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.
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 the petition the government for
redress of grievances.
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 and preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political 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.
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.
Section 8: The right of the people, including those employed in the private and public
sectors, to form unions, Associations, or societies for purposes not contrary to law shall not
be abridged.
Section 9: Private property shall not be taken for public use without just compensation.
Section 10: No law impairing the obligation of contracts shall be passed.
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.
Section 12: (1) Any person under investigation for the commission of an offenses hall 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 hereof shall be
inadmissible as 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.
Section 13: All persons, except those charged with offenses punishable by Reclusion
Perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient

28 | P a g e
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.
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.
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.
Section 16: All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Section 17: No person shall be compelled to be a witness against him.
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.
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.
Section 20: No person shall be imprisoned for debt or non-payment of a poll tax.
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 of the same act.
Section 22: No ex post facto law or bill of attainder shall be enacted.

Commission on Human Rights

The Commission on Human Rights (Komisyon sa Karapatang Pantao) (CHR) is an
independent constitutional office created under the 1987 Constitution of the Philippines, with
the primary function of investigating all forms of human rights violations involving civil and
political rights in the Philippines.
RIGHTS OF AN ACCUSED (Rule 115, Revised Rules of Court)

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Section 1: Rights of an accused at the trial. – In all criminal prosecutions, the accused shall
be entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusations against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment, the accused may, however, waive his
presence at the trial pursuant to the stipulations set forth, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial which he had noticed shall be considered a waiver of his right to
be present thereat. When an accused under custody escapes, he shall be deemed to have
waived his right to be present on all subsequent trial dates until custody over him is
regained. Upon motion, the accused may be allowed to defend himself in person when it is
sufficiently appear to the court that he can properly protect his rights without the assistance
of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or cannot
with due diligence be found in the Philippines, unavailable or otherwise unable to testify,
given in another case or proceeding, judicial or administrative, involving the same parties
and subject matter, the adverse party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law.
Republic Act No. 8371 - An Act to Recognize, Protect and Promote the Rights of Indigenous
Cultural Communities/Indigenous Peoples, Creating a National Commission on Indigenous
Peoples, Establishing, Implementing Mechanisms, Appropriating Funds Therefor, and for
Other Purposes (Long title)
-It is also known as “The Indigenous People’s Rights Act of 1997”. (Short title)
Section 2. (c) The state shall recognize, respect and protect the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) to preserve and develop their cultures,
traditions and institutions. It shall consider these rights in the formulation of national laws and
policies.
(d) The state shall guarantee that member of the ICCs/IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinction or discrimination.
(e) The state shall take measures, with the participation of the ICCs/IPs concerned, to
protect their rights and guarantee respect for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on equal footing from the rights and opportunities which
national laws and regulations grant to other members of the population.

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Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of
ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights shall
include:
a. Right of Ownership - The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing
grounds, and all improvements made by them at any time within the domains;
b. Right to Develop Lands and Natural Resources - Right to develop, control and use
lands and territories traditionally occupied, owned, or used…
c. Right to Stay in the Territories - The right to stay in the territory and not to be removed
therefrom. No ICCs/IPS will be relocated without their free and prior informed consent, nor
through any means other than eminent domain.
d. Right in Case of Displacement - In case displacement occurs as a result of natural
catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support systems.
e. Right to Regulate Entry of Migrants
f. Right to Safe and Clean Air and Water
g. Right to Claim Parts of Reservations - The right to claim parts of ancestral domains
which have been reserved for various purposes, except those reserved and intended for
common public welfare and service.
h. Right to Resolve Conflict - Right to resolve land conflicts in accordance with customary
laws of the area where the land is located.
Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the
ICCs/IPs to their ancestral lands shall be recognized and protected.
a. Right to transfer land/property - Such right shall include the right to transfer land or
property rights to/among members of the same ICCs/IPs.
b. Right to Redemption - In cases where it is shown that the transfer of land or property
rights by virtue of any agreement or advise, to a non – member of the concerned ICCs/IPs is
tainted by the vitiated consent of the ICCs/IPs.

REFERENCES:
A. Reference Book
 Brandi, S (2014). Criminal Investigation, Third Edition
 Fulgencio,E.M. (2020). The Process of Investigation
 Florendo, A.M and Dela Cruz, J.M (2018). Understanding Human Rights
and International Humanitarian Law. Wiseman’s Books Trading, Inc.
 Philippine Indigenous Communities (2023) The Indigenous People's
Rights Act of 1997 (IPRA officially designated as Republic

B. Electronic References
 1987 Philippine Constitution

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C. Manual
 Philippine Society for Industrial Security, Inc. (n.d). Manual on
Professional Industrial Security Management

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