Human Rights Education

Review Lecture (Series -2021)

Per CMO 5, 2018 & PRC TABLE OF SPECIFICATION
BOARD LICENSURE EXAMINATION FOR
CRIMINOLOGISTS

ABRAHAM E. MORONG JR.

HUMAN RIGHTS EDUCATION
Defend Other Rights…
Human rights education
Is a learning process that builds up the
required knowledge, values, and
proficiency of human rights which the
objective is to develop an acceptable
human rights culture.
Is a way to empower people so that they
can create skills and behavior that would
promote dignity and equality within
the community, society, and all over the
world.
Introduction:
Universal Declaration of Human Rights
 recognized that “All human beings” are born free and
equal in dignity and rights.
Human rights are moral principles or norms
for certain standards of human behavior
 Both protected in municipal and international law.
 Inalienable fundamental rights, regardless of their
age, ethnic origin, location, language, religion,
ethnicity, or any other status.
 Cannot be taken away except as a result of due
process
Classification of Constitutional
Rights (Art. III)
1. Political rights – those rights of the citizens which give
them the power to participate, directly or indirectly, in the
establishment or administration of the government.

2. 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 livelihood.

3. Social and economic rights – those rights which are

intended to insure the well-being and economic security of
the individual

4. Rights of the accused – those rights intended for the

protection of a person who is accused of any crime.
Substantive law from Procedural law
Substantive rights
 are basic human rights possessed by people in an
ordered society and include rights granted by natural
law as well as the substantive law.
 involve a right to the substance of being human (life,
liberty, happiness)
 establishes the rights and obligations that govern
people and organizations.

Procedural rights
 a right to a procedure on how a law ought to be
enforced, rather than defining the contents of a law.
 establishes the legal rules by which substantive law is
created, applied and enforced, particularly in a court of
law.
What are other rights?
Article III of the Philippine Constitution is
the Bill of Rights.
It establishes the
relationship of the individual
to the State and defines the
rights of the individual by
limiting the lawful powers of
the State.
This rights guaranteed under
the constitution against the acts
Bill of Rights
The set of prescriptions setting
forth the fundamental civil and
political rights of the
individual, and imposing
limitations on the powers of
government as a means of
securing the enjoyment of those
rights.
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
Concept of Due Process of law
 Is a constitutional guarantee against hasty
and unsupported deprivation of some
person’s life, liberty, or property by the
government. While is it true that the state
can deprive its citizens of their life, liberty, or
property, it must do so in observance of due
process of law. This right is “the
embodiment of the supporting idea of fair
play” and its essence is that it is “a law
which hears before it condemns which
proceeds upon inquiry and renders
judgment only after trial.”
Two Aspects of Due Process
(Procedural and Substantive)
Procedural due process requires, essentially,
the opportunity to be heard in which every citizen is
given the chance to defend himself or explain his side
through the protection of general rules of procedure.
It contemplates notice and opportunity to be heard
before judgment is rendered.
Substantive due process requires that the law itself
is valid, fair, reasonable, and just. For the law to be
fair and reasonable it must have a valid objective
which is pursued in a lawful manner. The objective of
the government is valid when it pertains to the
interest of the general public, as distinguished from
those of a particular class.
Concept of Equal Protection
The guarantee of equal protection means that “no person
or class of persons shall be deprived of the same protection
of the laws which is enjoyed by other persons or other
classes in the same place and in like circumstances.”
It means that “all persons or things similarly situated
should be treated alike, both as to rights conferred and
responsibilities imposed.”
The guarantee does not provide absolute equality of rights
or indiscriminate operation on persons. Persons or things
that are differently situated may thus be treated differently.
What is prohibited by the guarantee is the discriminatory
legislation which treats differently or favors others when
both are similarly situated.
Bill of Rights:
SECTION 2. The right of the people to be secure
in their persons, houses, papers, and effects
against unreasonable searches and seizures
of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant
of arrest shall issue
except upon probable cause
to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce,
and
particularly describing the place to be searched
and the persons or things to be seized.
Scope of Warrantless Arrest
Arrest without warrant is strictly construed as an
exception to the general rule requiring warrant. Under the
Rules of Court, a peace officer or a private person may arrest a
person even without a warrant under the following instances:
 In flagrante delicto arrest. When, in his presence, the
person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
 Hot pursuit. When an offense, has in fact just been
committed, and he has personal knowledge of facts indicating
that the person to be arrested has committed it; and
 Arrest of escaped prisoners. When the person to be
arrested is a prisoner who has escaped from a penal
establishment of place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
Scope of Warrantless Searches
A search is valid even without a warrant, under the following instances:
 Search as an incident to a lawful arrest. When a valid arrest
precedes the search or contemporaneous with it, and the search is
limited to the immediate vicinity of the place of arrest, for purposes of
securing dangerous objects and effects of the crime;
 Consented search. When the right has been voluntarily waived by
person who has a right, aware of such right, and has an actual
intention to relinquish such right;
 Plainview search. When prohibited articles are within the sight of an
officer who has the right to be in a position to that view;
 Visual search at checkpoints. When the search at stationary
checkpoints is pre-announced, and limited to a visual search only;
 Terry search. When a police officer, in interest of effective crime
prevention, performs a “stop-and-frisk” or patting of outer clothing for
dangerous weapons, after observing a suspicious conduct on the part
of a citizen;
 Search of moving vehicles, vessels, and aircrafts for violation of
laws;
Bill of Rights:
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.
Scope of Privacy of Communication and Correspondence

Subject of the Right. Invasion of communication

and correspondence is one kind of search. However
the subject of search is not a tangible object but
an intangible one, such as telephone calls, text
messages, letters, and the like. These forms of
communication and correspondence may be intruded
into by means of wiretapping or other means of
electronic eavesdropping.
What the constitution prohibits is government
intrusion, by means of wiretapping or electronic
eavesdropping, into the privacy of communication
without a lawful court order or when public safety
and order does not demand.
Anti-Wire Tapping Act.
R.A. 4200 or the Anti-Wire Tapping Act, as a
reinforcement of privacy of communication, is a law
which prohibits a person not authorized by all the
parties to any private communication, to wiretap or use
any devise to secretly overhear, intercept, record, or
communicate the content of the said communication to
any person.
Wiretapping or the use of record may be permitted in
civil or criminal proceedings involving specified offenses
principally affecting national security, and only with
previous authorization by the court which must comply
with the requirements of a warrant.
The authority is effective only for sixty days.
Scope of Exclusionary Rule on Evidence
The exclusionary rule states that any
evidence unlawfully obtained is inadmissible
as evidence before the courts. This is based
on Section 3(2), Article III which provides
that any evidence obtained in violation of
right to privacy of communication or right to
due process of law shall be inadmissible for
any purpose in any proceeding.
The same rule is applied to any evidence
taken in violate of R.A. 4200.
Bill of Rights:
SECTION 4. No law shall be
passed abridging the freedom
of speech, of expression, or
of the press, or the right of
the people peaceably to
assemble and petition the
government for redress of
grievances.
The right is not absolute.
It must be exercised within the
bounds of law, morals, public policy
and public order, and with due
regard for others’ rights.
Thus, obscene, libelous, and
slanderous speeches are not
protected by the guarantee.
So are seditious and fighting words
that advocate imminent lawless
Bill of Rights:
SECTION 5. No law shall be made
respecting an establishment of
religion, or prohibiting the free
exercise thereof. The free exercise
and enjoyment of religious
profession and worship, without
discrimination or preference, shall
forever be allowed. No religious
test shall be required for the
exercise of civil or political rights.
Freedom of religion has two aspects:
(a) the freedom to believe, and (b) the freedom to act on one’s
belief.
The first aspect is in the realm of the mind, and as
such it is absolute, since the State cannot control
the mind of the citizen. Thus, every person has the
absolute right to believe (or not to believe) in
anything whatsoever without any possible external
restriction by the government.
The second aspect is expressed in Section 5, Article
III, thus “… The free exercise and enjoyment of
religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.”
Bill of Rights:
SECTION 6. The liberty of abode
and of changing the same within the
limits prescribed by law shall not be
impaired except upon lawful order of
the court. Neither shall the right to
travel be impaired except in the
interest of national security,
public safety, or public health, as
may be provided by law.
Limitations:
Freedom of movement is not an
absolute right. It has limitations. Liberty
of abode may be impaired or restricted
when there is a “lawful court order.”
The right to travel may also be
restricted in interest of national
security, public safety, or public health,
or when a person is on bail, or under a
watch-list and hold departure order.
Bill of Rights:
SECTION 7. The right of the people to
information on matters of public
concern shall be recognized. Access to
official records, and to documents, and
papers pertaining to official acts,
transactions, or decisions, as well as to
government research data used as basis
for policy development, shall be afforded
the citizen, subject to such limitations as
may be provided by law.
The right guarantees access to official
records for any lawful purpose.
However, access may be denied by the
government if the information sought involves:
(a) National security matters, military and
diplomatic secrets;
b) Trade or industrial secrets;
(c) Criminal matters; and
(d) Other confidential information (such as
inter-government exchanges prior to
consultation of treaties and executive
agreement, and privilege speech).
Bill of Rights:
Executive Order No. 2, series of 2016.
FOI allows Filipino citizens to request any
information about government transactions and
operations, provided that it shall not put into jeopardy
privacy and matters of national security.
RA No. 10173 or the Data Privacy Act of 2012
(DPA)
to protect the fundamental human right to privacy
of communication while ensuring free flow of
information to promote innovation and growth [and]
the [State's] inherent obligation to ensure that personal
information in information and communications
systems in government
Bill of Rights:
SECTION 8. The right of the people,
including those employed in the public
and private sectors, to form unions,
associations, or societies for
purposes not contrary to law shall
not be abridged.

SECTION 9. Private property shall not

be taken for public use without just
compensation.
Right to Strike not included
The right to form associations or to self-
organization does not include the right to strike.
Thus, public school teachers do not enjoy the
right to strike even if they are given the
constitutional right of association.
The terms and conditions of employment in the
Government, including in any political subdivision
or instrumentality thereof and government owned
and controlled corporations with original charters,
are governed by law and the employees therein
shall not strike for purposes of securing changes.
Bill of Rights:
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.
Free access
Is a right covered by the due process clause,
because a person, regardless of his status in life,
must be given an opportunity to defend himself in
the proper court or tribunal. Nonetheless, the
right is placed in a separate provision to
emphasize the desire for constitutional protection
of the poor.
In consonance with this constitutional provision,
the Rules of Court provide for litigation in forma
pauper is in which paupers and indigents, who
have only their labor to support themselves, are
given free legal services and access to courts.
Bill of Rights:
SECTION 12. (1) Any person under investigation for
the commission of an offense shall have the right to
be informed of his right to remain silent and to have
competent and independent counsel preferably of
his own choice. If the person cannot afford the
services of counsel, he must be provided with one.
These rights cannot be waived except in writing and
in the presence of counsel.
(2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall
be used against him.
(3) Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in
evidence against him.
What Is a Statutory Right?
is a right granted under a federal or state
statute. Statutes are laws enacted by a
specific legislature or governing body that
can be used to resolve a variety of
different legal disputes.
rigths that are primarily designed to
protect citizens and are usually carried
out by local law enforcement.
Violation of these rights can lead to legal
penalties and prosecution, depending on
the related local and federal legislation.
Scope and Concept of Custodial
Investigation
Custodial investigation refers to any questioning
initiated by law enforcement officers after a person
has been taken into custody. The rights are available
when the person interrogated is already treaded
as a particular suspect and the investigation is
no longer a general inquiry into an unsolved
crime.
Custodial investigation" shall include the
practice of issuing an "invitation" to a
person who is investigated in connection with
an offense he is suspected to have committed,
without prejudice to the liability of the
"inviting" officer for any violation of law. (RA
7438)
During custodial investigations,
. suspects are identified by way
of show-ups, mug shots, and line
ups.
Show-ups are done by bringing
the lone suspect face-to-face with
the witness for identification.
Mug shots are performed by
showing photographs to witnesses
to identify the suspect.
Line ups, the witness identifies
the suspect from a group of
 Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

Section 2. Rights of Persons Arrested, Detained

or Under Custodial Investigation; Duties of
Public Officers. –
(a) Any person arrested detained or under
custodial investigation shall at all times be
assisted by counsel.
.

(b) Any public officer or employee, or anyone

acting under his order or his place, who arrests,
detains or investigates any person for the
commission of an offense shall inform the
latter, in a language known to and understood by
him,
his rights to remain silent
to have competent and independent counsel,
preferably of his own choice, who shall at all
times be allowed to confer privately with the
person arrested, detained or under custodial
investigation. If such person cannot afford
the services of his own counsel, he must be
provided with a competent and independent
counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that
.

before such report is signed, or thumbmarked if the

person arrested or detained does not know how to read
and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided
by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise,
such investigation report shall be null and void and
of no effect whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall
be in writing and signed by such person in the
presence of
 his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest
or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(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.
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences
with
 any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by
any national non-governmental organization duly
accredited by the Commission on Human Rights of by any
international non-governmental organization duly
accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
Bill of Rights:
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 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
Bail
 refers to the security given for the temporary release of a
person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any
court as may be required. For instance, a person arrested
and detained for the offense of homicide may post a bond for
his temporary release on the condition that he will appear in
the court during the trial or when the court so requires.
 During the duration of release, the accused is given the
chance to prepare his defense, and thus level the playing
field for the parties.
 Worth emphasizing is the reason why those charge with
offenses punishable by reclusion perpetua and against whom
evidence of guilt is strong, are not allowed to bail. Under
such circumstances, there is improbability of
appearance, and bail merely becomes an instrument of
evading the law.
Bill of Rights:
SECTION 14. (1) No person shall be held to answer
for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure
the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and
his failure to appear is unjustifiable.
Bill of Rights:
SECTION 15. The privilege of the writ of
habeas corpus ("You shall have the
body“) 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
 Rigth against Self-incrimination
Self-incrimination is the intentional
or unintentional act of providing
information that will suggest your
involvement in a crime, or expose
you to criminal prosecution.
It provides protection to individuals
from being compelled to incriminate
themselves.
They can refuse to answer
questions, refuse to make potentially
incriminating statements, or refuse
Bill of Rights:
SECTION 18. (1) No person shall be
detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary servitude
(compulsory service) in any form
shall exist except as a punishment
for a crime whereof the party shall
have been duly convicted.
Bill of Rights:
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall 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.
Bill of Rights:
ECTION 20. No person shall be imprisoned for debt
or non-payment of a poll tax (head tax or capitation).

SECTION 21. No person shall be twice put in jeopardy

of punishment for the same offense prohibits
anyone from (being prosecuted twice for substantially
the same crime). 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.

SECTION 22. No ex post facto law or bill of

attainder shall be enacted.
Double jeopardy
Means that a person is twice put at the risk
of conviction for the same act or offense. The
right against double jeopardy therefore
means that a person can only be indicted or
charge once by a competent court for an
offense.
When a person, for instance, has been
charged of homicide and the court acquitted
him of the case, he can no longer be
prosecuted for the same offense or act. He
can now invoke his right against double
jeopardy.
Article V:Suffrage
Is the right to vote and be voted in
political elections.
SECTION 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law,
 who are at least eighteen years of age,
 who shall have resided in the Philippines for at least

one year and in the place wherein they propose to

vote for at least six months immediately preceding
the election.
 No literacy, property, or other substantive

requirement shall be imposed on the exercise of

suffrage.
Right to Social Justice
Sec. 1, Art. XIII. 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.

Example: Pantawid Pamilyang Pilipino Program

 The 4Ps helps the Philippine government fulfill its
commitment to the Millennium Development Goals (MDGs)
—specifically in eradicating extreme poverty and hunger, in
achieving universal primary education, in promoting gender
equality, in reducing child mortality, and in improving
maternal health care.
Right to Education

Article 14, Section 1, Philippine Constitution

 provides that the State shall protect and promote
the right of all citizens to quality education at all
levels, and shall take appropriate steps to make
such education accessible to all.
Republic Act 10931, known as the Universal
Access to Quality Tertiary Education Act
 providing underprivileged Filipino students
the opportunity to pursue college degrees
through free tuition and exemption of other
fees in all government school and some
selected private schools.
Rights of Accused
• Originated from civil and political rights which are
the main part of human rights.
 Rights that protect individuals’ freedom from
 infringement by governments, social organizations, and

private individuals.
 Right that ensure one's entitlement to participate in the
civil and political life of society and the state without
discrimination or repression.
 Rights that may be waived, unless the waiver is
contrary to law, public order, public policy, morals, or
good customs, or prejudicial to a third person with a
right recognized by law.
Sources of Rights:
Fundamental Law (1987
Philippine Constitution);
Statutory law;
Procedural law; and
Decision of the Supreme Court
interpreting the laws or the
Constitution
Rights of the Accused:
1) Criminal Due Process:
Section 14(1), Article III provides that “no
person shall be held to answer for a criminal
offense without due process of law.”
Accused Person in Criminal Proceeding
(Procedural Due Process)
a) The accused is brought into a court of
competent jurisdiction;
b) He is notified of the case;
c) He is given the opportunity to be heard; and
d) There is a valid judgment deliberated and
rendered by the court
2) Presumption of Innocence
The right refers to the constitutional guarantee that
the accused should be treated as if innocent until
he is proven guilty beyond reasonable doubt.
• Based on the fundamental procedural rule that the
court must hear first before it condemns.
• The presumption of innocence is overcome by proof
beyond reasonable doubt
• It is better to acquit a person upon the ground of
reasonable doubt even though he may in reality be
guilty, than to inflict imprisonment on one who may be
innocent (People v. Manoji, 68 Phil. 471)
3) Freedom from Self-Incrimination:
Section 17, Article III of the 1987
 No person shall be compelled to be a witness
against himself."
 Apply in all types of proceedings
It is not self-executing, (it is not automatically
operational once an incriminating question is
asked)
Prohibit only on physical or moral compulsion
Founded on public policy and humanity (U.S.
v. Navarro, 3 Phil 63).
4) Right to be Heard by Himself & Counsel
Guaranteed by Constitution, Statutory laws
and Rules of Court.
 During custodial investigation, arraignment,
trial and even on appeal,
The right to be heard includes three specific
rights:
 (a) the right to present evidence and to be
present at the trial;
 (b) the right to be assisted by counsel; and
 (c) the right to compulsory process to compel
the attendance of witnesses in his behalf.
. Ratio of Right to Counsel.
 based on the reason that only a lawyer has a
substantial knowledge of the rules of evidence,
and a non-lawyer, in spite of his education in life,
may not be aware of the intricacies of law and
procedure.
 In Powell vs. Alabama, [287 U.S. 45, 69 (1932).
See also People vs. Holgado, 85 Phil. 752, 756-757
(1950)] Mr. Justice Sutherland wrote at greater
length on why an accused needs a competent
counsel:
 “Even the most intelligent or educated man may have
no skill in the science of law, particularly in the rules of
procedure, and without counsel, he may be convicted
not because he is guilty but because he does not know
how to establish his innocent. And this can happen
more easily to persons who are ignorant and
uneducated.
.
Section 12. (1) Right of the accused under custodial
investigation
Sec.7, Rule 112. When accused lawfully arrested
without warrant.
Sec. 14 Rule 113. Right of attorney or relative to visit
person arrested.
Par. (c), Sec. 1 Rule 115, Rights of accused at the trial.
Sections 6 & 7 Rule 116 of the Rules of Court
Sec. 6. Duty of court to inform accused of his right to
counsel.
Sec. 7. Appointment of counsel de oficio. —
Section 13, Rule 122. Appointment of counsel de oficio
for accused on appeal.
5) Right to Bail
Sources:
Constitutional Provision. Section 13, Article III
provides that “all persons, except those
charged with offenses punishable by reclusion
perpetua 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.”
Procedural law. Rule 114, Revised Rules of
.

Purpose of Bail
 Temporary liberty and Security for Released
When Right May be Invoked
 may be invoked from the moment of detention or
arrest
When Right May not be Invoked
Reclusion perpetua and the evidence of guilt is strong
Military tribunal (Commendador v. De Villa)
 bail would pose a great danger to national security
 unique structure,
 military mentality
6) Right to be Informed of the Nature and
Cause of the Accusation Against Him
Essential aspect of procedural due
process.
 the constitutional mandate is complied
during arraignment
Allegations in the complaint and not the
title of the case that determines the nature
of the offense.
Purpose is to enable the accused to
suitably prepare his defense during trial.
7. Right to have a Speedy, Impartial
and Public Trial
Based on the maxim that “justice delayed is
justice denied.”
 Unreasonable delays may result to a prolonged
suffering of an innocent accused
 Its an evasion of justice by a truly guilty
person.
One free from vexatious, capricious and
oppressive delays,
 Its "salutary objective" being to assure that an
innocent person may be free from the anxiety
and expense of a court litigation
,
Factors in determining whether the accused has been
deprived of his right to a speedy disposition of the case and
to a speedy trial
(a) length of delay;
(b) the reason for the delay;
(c) the defendant's assertion of his right; and
(d) prejudice to the defendant.
Thus,
 Section 1(h), Rule 115, (To have speedy, impartial
and public trial)
 Section 1 (g) Rule 116, Period of Arraignment
 Section 5, Rule 119, Continuous Trial, not to exceed
one hundred eighty (180) days from the first day of trial.
 Speedy Trial Act of 1988, and Circular 38-98
8. Right to Testify as a Witness in his Behalf and Exempt
from Being a Witness Against Himself
In all criminal prosecutions the defendant is
entitled among others:
 (a) to be exempt from being a witness against
himself
• signifies that he cannot be compelled to testify or
produce evidence in the criminal case in which he is the
accused
• he cannot be compelled to do so even by subpoena or
other process or order of the Court.
 (b) to testify as witness in his own behalf
• but if he offers himself as a witness he may be cross-
examined as any other witness;
• his neglect or refusal to be a witness shall not in any
manner prejudice or be used against him.
9. Right to Confront and Cross-examine the
Witnesses Against Him at the Trial

Purpose of confrontation is to secure the

opportunity of cross-examination and observe
the witness demeanor while testifying.
 Cross-examination is conducted after the
presentation and direct examination of witnesses
by the opposing side.
 if the opportunity of cross-examination has been
secured, the test of confrontation has also been
accomplished.
Corollary to the Right to Meet the
Witnesses Face-to-Face
 To test the credibility of the witnesses.
10. To have Compulsory Process Issued to
Secure the Attendance of Witnesses and
Production of Other Evidence in His Behalf

It is the right of the accused to have a

subpoena and/or a subpoena duces tecum issued
in his behalf in order to compel the attendance of
witnesses and the production of evidence.
The court should order the witness to give bail or even
his arrest, if necessary.
Failure to obey a subpoena amounts to contempt of
court.
These remedies are also available to the prosecution.
11. Right to Appeal in all Cases Allowed and
in the Manner Prescribed by Law
To determine whether or not the law was applied
correctly in the trial court.
 An appeal is the process in which cases are reviewed by
a higher authority, where parties request a formal change
to an official decision.
Philippine appellate courts may either be Regional Trial
Court, Court of Appeals, and Supreme Court.
 For cases cognizable by Municipal Trial Court/ Municipal
Circuit Trial Court- appealable to the Regional Trial Court.
 Cases cognizable by the Regional Trial Courts-
appealable to the through Court of Appeal.
 Cases cognizable by the Court of Appeal - Supreme
Court as the final arbiter of all cases.
12. Right Against Excessive Fines and
Cruel Punishments
Section 19(1), Article III states that “excessive
fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted…”
A fine is excessive when it is unreasonable and
beyond the limits prescribed by law.
Fine is said to be unreasonable if the court does
not take into consideration certain standards
Cruel when it is shocking to the conscience of
mankind and it involves prolonged suffering and
agony to the person punished
Death Penalty:
Section 19(2) also states that “… neither shall
death penalty be imposed, unless, for
compelling reasons involving heinous crimes,
the Congress hereafter provides for it.
The constitutional provision on death penalty or
capital punishment does not explicitly mention
that it is cruel and inhumane.
Constitution allows the Congress to impose death
penalty for the right reasons.
 (a) It is proportionate to the nature of the offense.
 (b) This form of penalty still has currency in the

contemporary time.
 (c) Death by lethal injection is not cruel and inhumane

because it does not prolong suffering or inflict

excruciating agony to the person punished.
Commission on Human Rights
SECTION 17. (1) There is hereby
created an independent office
called the Commission on Human
Rights.
(2) The Commission shall be
composed of a Chairman and four
Members who must be natural-born
citizens of the Philippines and a
majority of whom shall be members of
the Bar.
Commission on Human Rights
The Commission on Human
Rights (CHR) is an independent
office created by Section 18, Article
XIII of the Philippine Constitution,
with the primary function of
investigating all forms of human
rights violations involving civil and
political rights in the Philippines.
RIGHTS OF THE VICTIM
A person who has suffered physical or
emotional harm, property damage, or
economic loss as a result of a crime.
In case of death,
 the victim’s rights are exercises through
representation of a victim’s spouse in case of
married,
 common law partner who has lived with the

victim prior to the victim’s death,

 a relative or dependant of the victim,
 anyone who has custody of the victim or of

the victim’s dependant, or the

state/government as a last resort.
Institution of Criminal Action:
Assisted by the government in the collection
of evidence and prosecution of the case
before the court of justice.
based on the principle that the act or omissions
are punishable by law when committed are
always against the public interest, and not only
against the individuals.
Exception: (Private Crime)
This policy was adopted out of consideration
for the aggrieved party who might prefer to
suffer the outrage in silence rather than go
through the scandal of a public trial (Pilapil v.
Hon. Somera G.R. No. 80116. June 30, 1989)
Analogical Rights of the Victims
Victim's right to participation in
criminal proceeding
The right to be represented by the prosecution
in the institution of criminal action before the
court (Section 5, Rule 110, Rules of Court)
The right institute criminal action in the absent
of the Prosecutor (Section 5, Rule 110 Rules
of Court)
The right to reserve to file civil action (Section
1, Rule 111, Institution of criminal and civil
actions)
Analogical Rights of the Victims
Victim's right to participation in criminal
proceeding
 The right to trial in absentia corollary to the
right on speedy trial (Section 1, Rule 115, Rights
of accused at the trial)
 Refuse for the accused to enter plead guilty to
lesser offense or plea bargaining (Section 2,
Rule 116, Plea of guilty to a lesser offense)
 The right to take the testimony of their witness
ahead that the schedule of examination (Section
15, Rule 119, Examination of witness for the
prosecution)
 The right to provisional remedies in criminal
cases. (Section 2, Rule 127 Attachment).
Analogical Rights of the Victims
Victim's right to protection.
Under Republic Act No. 9851 “Philippine Act
on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against
Humanity“
 (a) Section 13, Par. (a) Protection of Victims and
Witnesses.;
 (b) Section 14, Par. (a) Reparations to Victims. -

Section 2, Republic Act 8505, Rape Victim

Assistance and Protection Act of 1998…
Section 8, Republic Act 9262, “Anti-Violence
Against Women and Their Children Act of
2004”,
Analogical Rights of the Victims
Victim's right to seek restitution/damages
Section 3, Republic Act No. 7309, An Act
Creating a Board of Claims under the
Department of Justice for Victims of
Unjust Imprisonment or Detention and
Victims of Violent Crimes and for Other
Purposes.
Under Republic Act No. 386 “Civil Code
of the Philippines”.
Under Article 104, Act No. 3815 “The
Revised Penal Code.
What is the main principle of the Universal
Declaration of Human Rights?
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.
The Universal Declaration includes civil and
political rights, like the right to life, liberty, free
speech and privacy. It also includes economic,
social and cultural rights, like the right to social
security, health and education.
It declares that human rights are universal – to be
enjoyed by all people, no matter who they are or
where they live.
Actors in the international arena: state actors and
non-state actors.
A state by definition is the political unit that has the
ultimate authority or the sovereignty over an area of
territory and the people in it.
State actors are the governments of the countries in the
Are the major and the dominant actors on the
international stage.
Actors that hold the administrative power of a state,
they have the ultimate authority in their decision
making procedure along with the right to possess the
military power.
Are in the topmost position in the international power
hierarchy.
They bear the legal right to use force and military
power according to their wishes.
Non-State Actors
Those who are not the government but are organised
politicaly not directly connected to state but pursuing
aims that affect vital state interests.’ However, they can be
either organizations or even influential individuals that
have the political, economic or social capability to
influence at a national or sometimes even on an
international level.
They are not allies to any government or state, which
makes it possible for them to work individually and also to
allow them to influence and interfere with the actions of
the state actors.
They have no legal right to use military force and power
as per their will, unlike the state actors. However, in cases
of IGO and NGO involvements in state affairs such as the
UN peace-keeping forces, military force is used under the
approval and the consent of the particular the state.
Non-State Actors are divided as follows;
 IGO or Inter-Governmental Organizations (Who are allied together
regionally or internationally on a common interest, and are
established by states through a treaty, e.g. Internationa IGO like
UN, NATO, INTERPOL, IAEA etc.

 Trans-National Actors – Groups or individuals that function below

the state level but across borders, e.g. TNCs – Trans National
Cooperations, MNCs – Multi-National Cooperations, NGOs – Non-
Governmental Organisations

 Violent political Groups – Groups that are politically motivated and

who intend to propagate violence and influence the actions of the
state like terrorist groups, warlords, Militia, Insurgent groups etc.

 Criminal groups – Those who are engaged in criminal activities and

illegitimate activities. Their intentions are not politically motivated,
rather motivated by financial gains. e.g., human and drug
traffickers, narcotics, money laundering etc.
 These actors have the ultimate
,

authority in their decision making

procedure along with the right to
possess the military power. They are
in the topmost position in the
international power hierarchy. They
bear the legal right to use force and
military power according to their
wishes.
a. State actor c. Non-state
actor
b. Government actor d. All of them
These issues include the unlawful or
arbitrary killings by security forces,
. vigilantes, and others allegedly
connected to the government, and by
insurgents; forced disappearance;
torture; arbitrary detention; harsh
and life-threatening prison conditions;
political prisoners; arbitrary or
unlawful interference with ...
a. State issues c. Human rights issues
b. Government issue d. All of them
These include organizations and
. individuals that are not affiliated
with, directed by, or funded
through the government. These
include corporations, private
financial institutions, and NGOs, as
well as paramilitary and armed
resistance groups.
a. State actor c. Non-state
actor
b. Government actor d. All of them
 Is the political unit that
.
has the ultimate authority
or the sovereignty over an
area of territory and the
people in it?
a. Government c. People
b. Territory d. State
Thank You
.