CLJ - 202 – Human Rights

Education
BY: Atty. JAY M. FERRARO
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
Defi nition
…

– Declaration of Human Rights

(UDHR)
–Human rights are not granted by the
State, nor stemmed from citizenships in a
country. Rights are the aggregate of
–Human
privileges, claims, benefits,
entitlements, and moral guarantees
that pertains to man because of his
humanity. (Sarmiento, 2017)
 II. Nature of Human
Rights
1.Human rights are
inherent for they are not
granted by any person,
authority or law.
II. Nature of Human
Rights . . .

2. right are inalienabl

Human s be ejust
for
awaythey
fromcanno taken such
an individual
as freedomt from torture.
 II. Nature of Human
Rights . . .

3. Human right ar
interdepende s e
fulfilment of oneforcannot
nt th
be had without thee
realization of the others.
 II. Nature of Human
Rights . . .

4.Human rights
are
imprescriptible for they cannot
be lost even by a long
passage of time.
 II. Nature of Human
Rights . . .

5. Human rights are

indivisible for they are not
capable of being divided.
 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.
 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.
A AccordingIItIo. SColuarsces:ification of
. Human Rights

– Natural Rights - they are God-given rightsor

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 modifi ed
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.
 I I I . C l a s s i fi c a t i o n of Human Ri ght S
. . .

B. According to
Recipient:
–Individual Rights - those accorded to individual.
–Collective Rights - those that are enjoyed by a group
ofpeople Also called as “people’s rights” or
. “solidarity
rights” such
peacefully as rights to association and rights
assemble.
to
NB: (Art III, Sec. 4, Sec 5, Sec.
8,)
 I I I . C l a s s i fi c a t i o n of Human Ri ght S
. . .

– C. According to Aspect of life (Primary classifi cation

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.
 I I I . C l a s s i fi c a t i o n of Human Ri ght S
. . .

– 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 ) G e ne ra t i o n s or Phases of Human Ri ghts
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
Rights IPR

– 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
1 st
of the
strengthens itstageand which
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 sourc of human law
basic e is rights very in
Philippine Constitution the
s from:
– The theBiak na
1897 of
Bato Constitution, the
– The 1899 Malolos Constitution, country
– 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– (1)
important functions are: rights
to investigate
human
involving civil and violations
committed the politica rights
by
government entities; l and
government or
whether
by
– (2) to establish a program of education
non-
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. 17.HUMAN
RIGHTS

–There is hereby created

independe offic an
Commission one Humancalled
nt
Rights. the
 (NB)

–The shall
Commission 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
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 i ts 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 r ights 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 eff ective 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
AQUINO, President C.
of the
by virtue of the powers vested in me
by the Constitution, Philippines,
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
Chairman andcomposed of who
four Members a
must be natural-born citizens th
of Philippines and,at the e
time of at least thirty five
appointment, thei
years of age and must not r
have been candidates for any
elective position in the elections
immediately preceding their
– (b) The Chairman and the Members of
the Commission on Human Rights
shall not, during their tenure, hold any
other offi ce or employment. Neither shall
they engage in the practice of any
profession or in the active management
or controlanyof way
which any bebusiness by the
in affected shall be
functions of interested,
financially their office, nor
directly or
indirectly, in any contract with, or in
any franchise or privilege granted by
the government, any of its
subdivisions, agencies,
– (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
–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

ONHUMAN 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
SECľION 2. Composition. – ľhe 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 – Member

Avanceña
d. Sr. Marianni Dimaraanan – Member

e. Miss Haydee Yorac – Member

f. Mr. William Claver – Member

g. The Judge Advocate – Member

General,
AFP
First
– R.A. 7438 – Rights of Arrested
Generation:
Persons
Detained or ,
otherwise Investigation; Under Custodia

– R.A. 8493 – Rights to l

Speedy
Trial Act of 1998;
– R.A. 9745 – Anti-Torture Law;
– R.A. 9851 – Penalizes Crimes Agains
International Humanitarian Law, t

– etc;
R.A. 10350 – Anti –Enforced
Disappearance
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

 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
– 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 an
inquiry, renders d
judgments
(Lopez only
vs. Director of after tria
lands) l
ASPECTS OF DUE PROCESS

 Substantive Due
Process
 Procedural Due
Process
Procedural due process

– a. In judicial proceedings
(IJHJ)
– a1. An court clothe by law
impartial with and the
determine
authority to matter
– hear
a2. before it.
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
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 aff ected;
– 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
 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.
 (SGNE)

Requisite vali
for classification d
 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.
 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
 Search Incidental to Lawful Arrest – People vs. Tudtud, 412 SCRA 142
upon probable
personally
 (2003) the cause
Plain View Doctrine –judge to301 be
after
People vs. Doria, determined
examination
SCRA 668, January 22,
 Stop-and-frisk
by 1999
under
Search – Malacat vs. CA, 283 SCRA 159, December 12,
oath or affi rmation of the complainant and
1997
 People v. O’Cochlain, G.R. No. 229071, December 10,
the 2018
 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
offi ce, 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.
determine
– 2. the probable cause d
must Personally by the judge
existence of
himself.
probable cause must be made
– 3.
aftersuch determination
Examination of judge of the
by the
the
complainant and the witnesses he may
produce.
– 4. Must Particularly describe the
place to be searched and the persons or
 Lesson 4
The Bill of Rights:
Privacy of
Communication &
Freedom of Expression
ARTICLE III (1987,
Philippine Constitution) - BILL OF
RIGHTS
– The of Communication
Privacy
Correspondence and
– 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.
– the
(2) Any evidence
preceding obtained
section shall beininadmissible
violation of
thisany
for or 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
Privac
y
 the right to be left alone.
Privacy is definitely
connected
against u to theright
Sp ounsers eHiangsvos. nChaoabchluey,

G.R.sNeo.a17r9c73h6, 26 Juanne 2d013 Ayer
seizure 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 also provide
Law fro s
protection
intrusion into for m Although
bank information. undu
depositors
due to the prevalence of money
e
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
mRoAn1e4y05l–aBuanndk Seercirnegcy oLarwother
predicate offenses.
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, by SOL GEN CALIDA vs SERENO,

237428,
rep May 11,
G.R.
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 t hPeolilorv.tDraavid,nsGRaNcot.
1i8o1n88s1, .October 18, 2011
 RE: 2003 bar examinations, B.M. 1222, February 4, 2004
 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
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
offi cial 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 eff ect 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 affi davit 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
freedom ofthespeech,
expression, or of
of the press, or the
right of
the people to assemble
peaceablythe government
petition and 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.
– 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
and exerciseof religious profession
enjoyment
and
worship, without discrimination
preference, shall forever be o
allowed. religious test shall be r
required for exercise of civil or No
political rights. th
e
 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. EscritoKr,a4b9a2taaS Cn RPAar1ty, ALMist Nvso.. CPO- 0M2E- 1L6E5C1, ,GJ.uRn. eNo2

2. ,2221030168,a n16d DA eucgeumstb4e,r 22000135

– c. Non-religious test clause

–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 lawfu orde of the
upon
Neither shalll r court.travel
to
impaired the inright
the b
national
except interest
security, public safety, or e
public health, as may be provided by of
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,
– 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 offi cer(president) is subject
to judicial
 A person reviews.
whose liberty abode is violated
of petition for writ of may
habeas holding in corpus against
detention. another
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
offi cial 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
 Sta.
not contrary
Clara Homeowners
to law
Association vs.
shall
Gaston,
 Bel
141961,
not GR
Air Village
be
Jan 23,
abridged.
No.
Association,
2002 Inc. vs. Dionisio, 174
SCRA 589
 In re: Marcial Edillion, 84 SCRA 554 (1978)
– Meaning of the Right of Form of
Associations - is the to
freedom
organize or to member of any or
group
adopt the union,
association, rules or which
society, theto
members
and 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 powe - It
government contained r is
in three (3) namely: great powers
– 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 is intended
prohibition to to
protect
fulfillment of lawful promises,
creditors,
and to guardassurethe
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
Legal and Filing Fees of the Good Shepherd
 Foundation, Inc., 596 SCRA 40, AM No. 09-6-9-SC,
b Rey: 19, 2009
Qrueeary soof nMr.oRfogperoCv.
August

ePritor ryes.chi Re Exemption from

 ARTICLE III (1987,
Philippine Constitution) - BILL OF
– Section 12.
RIGHTS
– (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 aff ord 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 shall be inadmissible in
 1P7eo(pRleigvs.htPeapginaoin, Gs .tR.sNeol.f1-7in44c7ri1m, 1i2naJatniouanr)y
2h0e16r e o f
 ePveidopelnecves. aOgbareinros, t33h2imSC. RA 190, May 17, 2000
 People vs. Endino, 353 SCRA 307, February 20, 2001
– (4) The law shall provide for penal and civil sanctions for
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. April 27,
7438 1992
– AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION
THE DUTIES OF AS
THE WELL AS
ARRESTING, DETAINING
INVESTIGATING OFFICERS, AND PROVIDING AND
PENALTIES THEREOF
VIOLATIONS FOR

– 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 with
in investigated
an offense he is
connection to have
suspected committed,
withou
prejudice to the liability of t
the
officer for any violation of "inviting
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. PenaltyClause. –
(a)
xxx, suffer a fine of
shall Six pesos
thousand
penalty of(P6,000.00)
imprisonmentor of
a 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 (lawphil.net)]
 Lesson 6
The Anti-Torture
Law (R.A. 9745)
– AN PENALIZIN TORTURE AND
ACT G OTHER AND
CRUEL,
TREATMENT INHUMA
OR DEGRADING
PUNISHMENT
AND N
PRESCRIBING PENALTIES THEREFOR
– Be it by the Senate
enacted and House of of the
Representative Philippines in
s assembled: Congress
– Section 3. Definitions. - For
purposes of this Act, the following
terms shall mean:
– (a) "Torture" refers to an act by which
intentionall inflicted on a severe
suc
pain
y or suffering,
purposes whether physical
person for or mental,
h is
as
person information
obtaining or a
fromconfession;
thir
punishing him/her
him/herfor an
or act
a he/she ord 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
– (b) cruel, inhuman
"Other and treatment
degradin
punishment" or
refers to a
g
and deliberate
treatment
aggravated or
punishment
which not enumerated
attains a level of
severity causing xxx,
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 abov
and any individual e
who
suffered harm as a result has
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, policeagency
enforcement or any lawof the
government, listing names
the
persons of
and organizations that
it perceives to be
enemies
State of that
the it
and considers as
legitimate
that targets
it could as
deal with, through
– 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 excreta and other stuff or substances
human normally not
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;
–(6) Being tied or forced to assume fixed and
stressful 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 The use of drugs
–(ii) to induce pain
extreme certain symptoms of a disease; or
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) Threateninga person(s) or his/her
relative(s)
with bodily harm, execution or other
acts wrongful
; Confinement in solitary cells or
–(3) secretplaces;
detention
–(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
extradited
expelled, to returned
another State
or where there
are substantial grounds to believe
that such person shall be in danger of
being subjected to torture. xxx
 – 18. Compensation to
Section Victims
- Any whoof has
Torture suffered
person shall have the right to
. claim for
compensation as provided for under RA
torture
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
after its 27. Effectivity.
publication in the- This Act shallor take
Gazette in ateffect fifteen
least two
(15) days
Official newspapers of general (2)
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 to
application admitted to bail,
be punished may be reclusion
with
imprisonment, or perpetua, life
death.
 ARTICLE III (1987,
Philippine Constitution) - BILL OF
– Section RIGHTS
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
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 courtof competent of
jurisdiction, directed to the
person detaining another, him
commanding produce thebody
of the time
designated prisoner
and place, and to show to
at the
sufficient cause for holding into custody
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
– Section RIGHTS
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
Theyare
areretroactive in their operations;
deprive persons accused of and of
crime protection or defense some to
previously available,
disadvantag
e.
 Meaning of bill
attainde of
r
–- 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 . . .
THANK YOU SO
MUCH!