HUMAN RIGHTS LAW Q&A (JORGE COQUIA Book)
Human Rights Law Law LPU CAV COL...
Chapter I GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS 1.
What do you understand by human rights? Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity. Human rights are generally defined as those rights which are inherent in our nature and without which, we cannot live as human beings. These rights and fundamental freedoms allow us to develop and use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. The dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his personality. It's the essence of these rights that make man human. Basic Charateristics: inherent, fundamental, inalienable, imprescriptible, indivisible, universal and interdependent. Classified to: A. According to source - natural rights, constitutional rights, statutory rights B. According to recipient - individual rights, collective rights C. According to aspect of life - civil, political, economic, social, cultural rights D. According to struggle for recognition - first, second and third generation rights E. According to derogability - absolute or non-derogable, derogable or can-be-limited rights
2. What are the Sources of human rights? A. Natural rights - God-given rights, unwritten, prevail as norms of society B. B. Constitutional rights - conferred and protected by the Constitution and cannot be modified or taken away by the law-making body C. C. Statutory rights - provided by law promulgated by the law-making body and may be abolished by the same 3. Who are entitled to enjoy human rights? ALL 4. How did the violation of human rights originate? History has shown that as man started to live in a society, his inherent rights began to be violated by his own fellowmen. The state authorities who are supposed to protect his rights are even his persecutors. 5. Who were the first violatiors of human rights? The first violators were the Greeks and Romans who were supposed to have started the development of Western civilization - they legalized the institution of slavery, when men and women were held as chattels and could be disposed of in any manner 6. Human rights are characterized as Inherent. Why? Give examples. Not granted by any person or authority, do not need any event for their existence. Ex: right to life and dignity as a human being 7. Human rights are Fundamental. Why? Give examples. Without them the life and dignity of man will be meaningless. Ex: right to individual liberty and security of a person or freedom of thought and religion 8.
Human rights are Inalienable. Why? Give examples Cannot be rightfully taken away from an individual. Ex: freedom from torture
Human rights are Imprescriptible. Why? Give examples Cannot be lost even by a long passage of time. Ex: freedom of thought, conscience and
Human rights are Indivisible. Why? Give examples Not capable of being divided. Ex: freedom of belief or opinion, freedom of religion and worship.
Human rights are Universal. Why? Give examples No borders, applies to all. Ex: right to life is the same whether one is in Asia or Europe
Human rights are Interdependent. Why? Give examples The fulfillment or exercise of one cannot be had without the realization of the other. Ex: one's right to life and existence as a person cannot be realized without one's right to work and maintain a good standard of living
What do you mean by 2nd generation of human rights. Give examples. Covers economic, social and cultural rights, which primarily find their origin in the socialist tradition and have been variously promoted by revolutionary struggles and welfare movements, also known as social welfare rights. Ex: right to development, right to work under decent living conditions, right of workers to self-organization.
What are 3rd and 4th generation of human rights. Give examples of each. Covers collective rights, best understood as a product of both the rise and decline of the nation-States in the last half of the 20th century. Ex: right of people to a healthy environment
CHAPTER II HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS 1. What is the origin of human rights? These arose from the struggle of man against injustices of despotic rulers. Men revolted against the concept of the "Divine Right of Kings." In the Middle Ages, the Magna Carta was delivered by King John in 1215. It is regarded as the first English Constitution that guaranteed the personal liberties and civil rights. The Americans revolting against the English King in 1776 declared their own Bill of Rights. The French in 1789 proclaimed the Declaration of the Rights of Man where it was declared that all men are born free and equal and affirmed the inalienable rights of man. Eventually most democratic countries adopted in their respective constitutions their own Bill of Rights. 2.
Name and explain some of the theories advanced as the sources of human rights. A. Religious or theological approach - doctrine of a Supreme Being, the creator, the Father of all humanity. Central is the concept of the dignity of man as a consequence of human rights, and therefore the rights are universal, inalienable and cannot be denied by mortal beings (men). B. Natural Law - the conduct of men must always conform to the law of nature, and this theory is detached from religion. The natural characteristics of human beings are the social impulse to live peacefully and in harmony with others, and whatever conformed to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust. C. Positivist - states that all rights and authority come from the state and what officials have promulgated, that rights are enjoyed if recognized and protected by legislation promulgated by the state. D. Marxist - emphasizes the interest of society over an individual's interest – communism E. Functional or sociological approach - human rights exist as a means of social control, that human rights exist to serve the social interests of society. This approach was developed in the early 20th century when there were demands for a variety of wants, as help for the unemployed, handicapped, underprivileged, minorities and other disadvantaged groups. F. Utilitarian Theory - principle that requires governments to maximize the total net sum of citizens. It emphasizes that an individual cannot be more important than the entire group. An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community G. Theory based on Justice - each person has equal rights to the whole system of liberties. The general conception of justice is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to be distributed equally H. Theory based on Equality and Respect - government must treat all their citizens equally, and must intervene in order to advance the general welfare I. Theory based on the Dignity of man - this theory proceeds on the premise that human rights means sharing values of all identified policies upon which human rights depend on. The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. All available resources are utilized to the maximum and the protection of human dignity is recognized. This is better referred to as policy science approach 3. What are the circumstances that brought out the concept of human rights in ancient history? Rulers were despotic and tyrannical, and citizens rose against the injustices that they have long suffered 4. What famous documents in history that contained concepts of human rights? Briefly discuss each of these documents. A. Magna Carta of 1215 – first English Constitution delivered by King John, it guaranteed personal liberties and civil rights B. Bill of Rights of 1689 – revolutionaries of England determined to prevent arbitrary royal rule laid this down, this document guaranteed freedom from cruel and unusual punishment and excessive fines
Bill of Rights 1776 – Americans revolting from the English, this document asserted that all men by nature are fully free and independent and have inherent rights such as enjoyment of life and liberty, the means of acquiring and possessing of properties, and obtaining happiness D. Declaration of the Rights of Man 1789- by French revolutionaries, this document declared that all men are born free and equal and affirmed the inalienable rights of men. 5. Explain why human rights became an international concern. The struggle for the respect of human rights was initially a domestic or national issue, but the atrocities committed on mass of people during World War II convinced international jurists that the protection of human rights should be an international concern. 6. How was human rights introduced in the Philiipines? Human Rights was introduced to the Philippines when Jose Rizal wrote about the abuses of the Spanish authorities in his books and he was executed for it. Since 1896 the educated Filipinos were already aware of the American and English Bill of Rights, and the Malolos Constitution was adopted in 1899. It contained provisions that guaranteed freedom from arbitrary arrest and detention, freedom from searches and seizures, freedom to choose domicile and freedom of religion. 7. What historical events in the Philippines prompted Filipinos to protect and promote human righs? A. Colonial Spanish regime – economic and class discrimination was rife B. Military Rule of Japan from 1942-1944 C. Martial Law of President Marcos 8. What consist of International Bill of Human Rights? In Article II, Section 11, it reads “The State values the dignity of every human person and guarantees full respect for human rights.” To implement this policy, the Commission on Human Rights was created as a constitutional independent body under Article XIII, Sections 17-19 of the Phil. Constitution. This resulted to a substantial decrease of number of violations among law enforcement in the human rights, but there is still much to be done. 9. Stated and explain the constitutional policy of Philippines on human rights. The new constitution (1987 Constitution) states that the State values the dignity of every human person and guarantees full respect for human rights.
Chapter III The International Bill of Human Rights 1. What are the reasons why the reaffirmation of the fundamental human rights was one of the main objectives of the organization of the United Nations? Ans: - Enforce equal human rights; “to reaffirm faith in fundamental human rights and the dignity and worth of human person” (UN Chaarter Preamble) - Recognition and respect of human rights and freedoms not due to discrimination - to achieve “universal respect for an observance of human rights and fundamental freedoms” * yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention sa chap 3 2. What documents compose the International Bill of Human Rights? Ans: United Nations Charter, Universal Declaration on Human Rights, International Covenant on Economic, Social and Cultural Rights, and International Covenant on Civil and Political Rights 3. Name some of the fundamental human rights ad explain each briefly. Ans: - Equal Protection of rights - human beings must have equal rights, no discrimination - Right to life, liberty and property - Right to Privacy - no arbitrary interference with his privacy, family, home, communications, correspondence - Freedom of speech, expression and religion - inviolable right to express one self unless justifiably limited by the government 4. What international instruments have been adopted to serve as legally binding treaties on the countries that ratified them? Ans: International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights - both overseen by the UN 5. What are some of the hindrances or obstacles to the enforcement of the human rights international instruments? Ans: - War crimes - authoritarian regimes headed by dictators - Art. 2 par. 7 of UN Charter that gives no authority to the UN to investigate matters happening within the domestic jurisdiction of the country/nation 6. What are the remedies to deal in the hindrances or obstacles in the enforcement of human rights? Cite examples. Ans: - implementing international treaties as local legislation
Chapter IV Civil and Political Rights as Applied in the Philippines 1. What do you understand by civil rights? Ans: Civil rights are the rights which the law will enforce at the instance of individuals without discrimination for the enjoyment of their lives, liberty and means of happiness. 2. How is civil right distinguished from political right? Ans: Both are protected personal rights but political rights are especially catering to the right to participate directly or indirectly in the establishment or administration of government. Political rights are rights to enable people to participate in running the affairs of the government. 3. Why are these rights called “Negative Rights”? Ans: In answer to restraint the tyrannical government. Ex. “No one should be tortured”, “No one should be deprived of freedom of expression”, “no one should be deprived of life” 4. Mention at least 3 basic civil rights and how they are applied in Philippine society. Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no person, not even the state has the authority to take one’s ife) - Right to Privacy - Art III Sec 3 (right to be free from intrusions into certain thoughts and activities) - Freedom of expression - Art 3, Sec 4-5 (right to self-determination) 5. Discuss at least 3 rights of a person who is accused of a crime. Ans: - Right to be informed of the nature and cause of the accusation against him - Right to bail - Right to meet the witnesses face to face * remember Art III, Sec 14 6. What do you understand by the principle of “presumption of innocence” of an accused person? What is the reason of such presumption? Ans: this means that an accused cannot be presumed to have committed the charges against without the proof of guilt beyond reasonable doubt. The accused cannot be imprisoned just based on circumstantial evidence. The strict compliance with this is the court’s policy on protecting an actually innocent person from going to jail. 7. What do you understand by the right of persons to peaceably assemble? Are there limitations or restrictions to this right? Ans: “Peaceful Assembly” means the right of citizens to meet peacefully for consultation in respect to public issues and to petition the government for redress of grievance. This right can be restricted on grounds of national security, public order, the protection of public health or morals, or the protection of the rights of others.
CHAPTER V ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES
1. Briefly explain what is meant by economic, social and cultural rights They are the commitments of the state for opportunities to achieve equality and distributive justice to its citizens such as the right to food, clothing, housing and education. It included the right to work with fair and just wages, decent working conditions, and protection of the family to maintain the decent standard of living. 2. Why are these rights considered as “social welfare rights” They are generally stated as positive undertakings or obligations of the government to ensure economic well being of the people. 3. Why are these rights also called “Affirmative rights” They are viewed as goals or aspirations that government should provide for its citizens depending upon its resources. 4. What are the main purposes of the economic rights? Cite examples and explain. To promote high standard of living, full enjoyment and conditions of economic and social progress and development. 5. What do you mean by social rights? Cite examples. Social rights are those rights concerned with basic human needs. Ex: 1. Right to development 2. Right to self Determination 3. Right of Workers to Self-Organization 4. Right to Work under Decent Living Conditions 5. Right to Work in Third World Countries 6. Right to Strike 7. Right to Strike as Against Property Rights 8. Right to Social Security 9. Protection of and Assistance to Family 10. Right to Education and Development of Human Personality 11. Right to Students and Academic Freedom 12. Participation in Cultural Life and Benefits of Scientific Progress 13. Religious Education and Instruction 14. Right to High Standard of Physical and Mental Health 6. What do you mean by cultural rights? Cite examples and explain. Rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non discrimination. Ex: 1. Right to provide funds for the promotion of cultural development 2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of indigenous peoples. 3. Preservation and presentation of mankind's cultural heritage 4. Legislation protecting the freedom of artistic creation and performance 7. Mention some provisions in the Philippine Constitution on Economic rights, Social rights, and Cultural rights. 1. Art. XII on the National Economy and Patrimony 2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban Land Reform and Housing, Health Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports 4. Art. XV on the family 8. What are the obligations of developed and industrialized countries towards Third World Countries on economic, social and cultural rights? State Parties are obliged to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present covenant. 9. What is meant by “public interest and social litigation?” It’s the actions or remedies to enforce and implement Economic, Social and Cultural rights. Must be accessible to all people, should be simple and at the minimum cost. Free from technical forms of pleadings, rules of procedure in said cases should be relaxed and socio-legal fact finding bodies should be appointed to determine facts in issue. 10. How should the State comply with the Covenant on Economic, Social and Cultural Rights? By incorporating in their constitution most of the rights enumerated in the International Covenant in Economic, Social and Cultural Rights and implementation of it through social legislation. 11. What is meant by Right of Development? Cite concrete examples. Inalienable human right by virtue of which every human person and all people are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. Ex: 1. Economic prosperity 2. Social, political and cultural empowerment 3. Social reform 4. Economic reform 5. Agriculture reform 6. Agrarian reform and natural resources 7. Infrastructure development 8. Governance and development financing
CHAPTER VI HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS 1. Mention the persons or group of persons who are most vulnerable to violations of human rights? 1. Women
2. Children 3. Youth 4. Indigenous Cultural Minorities 5. Muslim Population 6. Elderly 7. Disabled People 8. Mentally Disabled People 9. Prisoners and Detainees 10. Internally Displaced People 11. Migrant Workers 13. Urban Poor 14. Refugees and Stateless Persons 15. Laborers (Public, Private and Informal) 16. Rural Workers 17. Peasants and Fishermen 18. Houshelpers 2. What are the factors or reasons why they are vulnerable to violations of human rights? Due to their Origin, status and conditions. 3. Cite concrete examples of each sector. 1. Children (Children in Emergency Situations – Zones of Peace, children recruited in Warfare, Children in Conflict with the Law, Child Labor ,Children of Migrant Workers, Children of Indigenous Tribes and Transnational Children, Children of Families with HIV, Children of Refugees Children as House helpers) 2. Women (Rape, sexually abused and exploited women) 3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special Youth) 4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those belonging to poor families) 5. Disabled People (Deaf, mute, blind, incompent, cripple, pwds) 6. Mentally Disabled People ( physically and sexually abused persons) 7. Prisoners and Detainees (wrongfully convicted, juveniles) 8. Migrant Workers (OFWs) 9. Urban Poor ( street children, families in urban areas with incomes below the poverty line, slums) 10. Internally Displaced People 11. Laborers (Public, Private and Informal) 12. Rural Workers 13. Peasants and Fishermen (Agri workers) 14. Houshelpers (even children)
4. Cite the international instruments adopted to prevent or reduce the violation of their human rights in vulnerable groups. Universal Declaration of Human Rights, Convention on the Rights of a Child, The Rules of the Protection for Non-Combatants under Protocol I, Protection of victims of Noninternational Armed Conflicts Protocol II, Covenant on Civil and Political Rights, Convention on Migrant Workers, Convention on Refugees, Covenant on Social, Economic and Cultural Rights, Convention of Stateless Persons, 5. Cite local laws enacted to assist those whose rights are vulnerable to human rights violations. 1. The Philippine Constitution 2. The Revised Penal Code 3. The Labor Code 4. RA 7610 : Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
RA9262: Anti-Violence Against Women and Their Children Act of 2004 PD 60: Child and Youth Welfare Code RA:8353:Anti- Rape Law RA 8505: Rape victim assistance and Protection Act RA 9775 : Anti-Child Pornography Act RA 10175: Cyber Crime Prevention Act RA 9995: Anti-Photo and Video Voyeurism Act RA 9208: The Anti-Trafficking in Persons Act of 2003 Rules of the protection for Non-Combatants under Protocol I, Protection of victims of non-international armed conflicts RA 9344: Juvenile Justice and Welfare Act of 2006. RA 7658: An Act Prohibiting the employment of Children below 15 years of age, RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and affording Stronger Protection for the Working Child RA 10361: Domestic Workers Act or Batas Kasambahay RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995
CHAPTER VII DISCRIMINATION 1. What do you understand by discrimination? Cite concrete examples to show discrimination. Discrimination generally means the failure to treat everyone alike according to the standards and rules of action. Examples:
Racial Discrimination (Apartheid, Cultural Minorities, etc.) Sex Discrimination (Violence against Women, Political Rights of Women Women and Prostitution, etc.) Religious Discrimination (Religious discrimination in education,etc.)
IN THE PAST,
2. What is the relation of discrimination to equality and dignity of human beings? In the field of human rights, discrimination is regarded as particularly objectionable because it disregards fundamental notions of human dignity and equality before the law. 3. Are there provisions in the United Nations Charter dealing on discrimination? Cite and explain. “Universal respect for an observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. These objectives are intended to promote the creation of conditions and stability which are necessary for a peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of people.” (Art. 55c) 4. What is the provision on the Universal Declaration of Human Rights on discrimination? The preamble of Universal Declaration of Human Rights emphasized that “the equal and inalienable rights of each member of the human family”. UDHR believed that the foundation of freedom, justice and peace in the world will be achieved only through equal rights of men and women. “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.” (ART. 2) 5. Cite provisions in the Philippines Constitution prohibiting discrimination. Cite some examples.
Cultural Minorities “The state shall recognize, respect and protect the rights of indigenous cultural minorities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies” (Art. XIV, Sec. 17)
Women “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men” (Art. II, Sec. 14) “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation” (Art. XIII, Sec. 14)
Religious Test “No religious test shall be required for the exercise of civil or political rights” (Art III, Sec. 5)
6. What particular groups of persons are usually discriminated against? Why? Groups that are usually discriminated are women, children, cultural minorities, poor people and other vulnerable sectors. It is because they are the groups who lack knowledge about their rights. They are perceived to be weak that doesn’t have the capacity to fight for their rights. 7. What is meant by religious discrimination? Give examples. Declaration on All Forms of Intolerance and of Discrimination Based on Religion or Beliefs provides that in religious discrimination, everyone should have the freedom of thought, conscience and religion, that no one should be subjected to coercion, which would impair his/her freedom to have a religion or belief of his/her own choice. EXAMPLE:
Religious test in the exercise of civil or political rights Impediment to marriage on account of religion Refusal to admit student on account of religion
8. Have you observed in your community any form of discrimination? Cite concrete examples and state why you consider them discrimination.
Assistance given to poor people in government agencies, public offices (NBI, NSO, LTO, etc,.) ETC.
9. In what ways are the economically disadvantaged discriminated? Economically disadvantaged do not enjoy equal opportunities on the availment of government services and resources. In spite of the Land Reform Law, majority are still landless, suffering from the landlord-tenancy relationship. Poor people are discriminated against in many ways.
Chapter VIII The Role of Non Governmental Organizations in the Promotion and Protection of Human Rights 1. What do you understand by Non-Governmental Organizations (NGOs) on Human Rights? A non-governmental organization (NGO) is a not-for-profit organization primarily created to promote and protect human rights. They primarily participate in the United Nations on a Consultative Status while the latter create charters and support human rights. Some NGOs like the International Red Cross protect human rights by providing medical assistance, food and other basic needs to victims of violations. 2. In what way are they recognized by the United Nations? The United Nations recognize the role and importance of NGOs in the protection of Human Rights through their charter, Article 71 states "The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence." This enabled the council to consult NGOs on any activity involving the promotion and protection of human rights.
3. Mention some international NGOs and state activities they are engaged in on human rights. Amnesty International focus on providing legal aid and assistance victims of torture and those wrongly convicted of crimes. Through their website they also promote human rights by posting news that promote awareness on human rights violations. 4. What do you mean by NGOs as Ombudsmen? NGOs function as Ombudsmen, safe-guarding human rights and calling the attention of the government on violations through periodic reports, public statements participation in the deliberations established by intergovernmental organizations NGOs stimulate public opinions and initiation on the foundation of foreign policy of countries on matters concerning the violation of human rights. 5. Mention some of the NGOs in the Philippines and briefly discuss their roles in protecting and promoting human rights. Like Amnesty International, the Philippine Alliance of Human Rights Advocates promote human rights by posting news and reports that promote awareness of Human Rights violations. The Medical Action Group, on the other hand, aside from posting news and reports, the actively promote human rights by doing the following.
Organize/mobilize necessary resources for health services.
Maintain a resource center including books, manuals, audiovisuals and other educational materials pertaining to health and human rights.
Publish a quarterly news magazine that carries news and information on the health and human rights situation in the country and abroad.
Educate the beneficiaries on their right to health to help them participate in shaping an alternative health care system.
Campaign for the abolition of torture as well as the welfare of the other beneficiaries. Conduct fact-finding missions, exhumations and autopsy to victims of extrajudicial executions.
Monitor the health condition of workers in the picket line or farmers on hunger strike.
6. In what way or ways do they help the Commission on Human Rights on its monitoring functions? The Commission on Human Rights is mandated to conduct investigations on human rights violations against marginalized and vulnerable sectors of the society, involving civil and political rights. To accomplish its functions, the CHR accept reports from NGOs on violations of Human Rights. Similar to the United Nations, the CHR also consults NGOs to monitor and reinforce Human Rights. 7. What do you understand by "Development Aggression"? Development Aggression is a term used by indigenous peoples to refer to development projects that violate their human rights. It refers to projects planned or progressed without free, prior and informed consent from an impacted local community as required by international law, such as in the United Nations Declaration on the Rights of Indigenous Peoples. 8. In what way or ways does "Development Aggression" violate human rights?
Development Aggression violates human rights because it displaces communities from cultural lands rightfully theirs to another location for the sake of infrastructure and other industrial advancements For example, the Lumad comprise the indigenous people living in Southern Mindanao. They have become refugees in different parts of the country as they flee from escalating violence, rape, harassment and land-grabbing by mining and other business interests taking over their territories.
Chapter IX HUMAN RIGHTS EDUCATION Q: What do you mean by Human Rights Education? System used for Training, Dissemination and Information Efforts aimed at building of universal culture of human rights. Imparting of Knowledge and skills on the molding of attitude, which direct towards the strengthening the people’s respect for human rights. Provides the understanding, tolerance, gender equality and friendship among all nations including indigenous people and racial, national ethnic, religious and linguistic groups. Enables a person to participate effectively in a FREE society. Q: What is the importance of Human Rights Education in the Philippines? People will know when they are already violating the right of others. People will know how they can protect, not only themselves but also the rights of others. People will become aware of the duties they owe to others. People will know when they may turn to for help. Q: What sectors of the Philippine society should be educated first on human rights? Why?
Commission on Human Rights identified the following sectors that should be educated on Human Rights, which are, Military Personnel, Police Officers and other Law Enforcement Agencies. The reason behind is that these government sectors are the most prone to the violation of Human Rights. Q: How should human rights education be given to the barangays? CHR institutionalized Barangay Human Rights Action Centers to handle Human Rights education and enforcement within the community. They are given basic program on Constitutional Provisions and Basic Provisions of the International Instruments. Q: Should human rights course be a part of the curriculum in schools? Why? Yes. Human Rights education should start at the grass root level. Therefore, the best way to integrate it in our education system is to include it in the curriculum of all learning institutions. Moreover, the young ones are more expected to be receptive with Human Rights education. Q: What methods are suggested for the teaching of human rights to school students? To college students?To adult citizens in barangays? CHR Human Rights Module Situational Example of Human Acts and how could there be possible Human Rights Violation Question and Answer
Chapter X REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW
Q: What do you mean by remedies for enforcement of human rights? For every right, there must be an effective remedy. These remedies are developed by the law making bodies in which people may use to seek proper course of action in the event that their human rights have been violated. Q: What are the forms of remedies available to human rights victims through: a) United Nations Systems a. Optional Protocol to International Covenant on Civil and Political Rights adopted in 1966 (Ratified by the Philippines on August 22, 1989). b. The International Covenant on Elimination of all Forms of Racial Discrimination (Ratified by the Philippines on September 15, 1967). c. Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (Ratified on June 18, 1986). d. 1503 Procedure b) Through International Tribunals
a. International Criminal Tribunal for Violations of Humanitarian Law b. International Criminal Court (ICC) Rome Statute c) Through National or Domestic Tribunals a. Governed by Local State Policies Q: May an individual file complaint for violations of human rights in United Nation bodies? Discuss. Yes. An individual whose human rightwas violated may lodge his / her complaint to the United Nation bodies in cases where the respondent is the Government. Provided that the respondent Government has ratified the Covenant and its Optional Protocol. However, before an individual may lodge the complaint to the United Nation bodies, he / she shall need to exhaust all the remedies available in his / her local state policies. In the event that the complainant is not satisfied with the local remedy, the HRC established under the Article 28 of the Covenant will consider the complaint together with the available evidence by both parties. Q: What are the remedies for gross violations of Human Rights? An individual may lodge his/her complaint with the International Criminal Tribunal Q: Briefly state the jurisdiction and functions of the International Criminal Court. The jurisdiction will only take effect after a state becomes a party and after the entry into force of the Statute. Only until then that the ICC can exercise its jurisdiction. It has the power to try individuals who violated international humanitarian law even if committed in an internal war. Examples are: Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently the Ethnic cleansing in Yugoslavia. The State Consent has no power in this jurisdiction. A Military commander shall be criminally responsible for the crimes committed by a person pursuant to an order of the Government Q: Are there Human Rights courts in the Philippines? None.
Q: Discuss the procedures on how a complaint for violation of Human Rights in the Philippines is filed. BHRAO (Barangay Human Rights Action Officer) receives and process the complaints lodged by an individual before their office and is the one responsible to asses should there indeed a Human Rights Violation or within the jurisdiction of the CHR. Should there be a cause established under the jurisdiction of the CHR, the complainant will be asked to provide documents and proofs for the case. At this stage, the CHR may start its investigation of the case. However, in any case CHR is empowered by the Constitution to investigate on its own even in the absence of any complaint, a Human Rights violation Q: Discuss the role of the Barangay in the enforcement of Human Rights. Barangay Officials being the governing bodies at the community level are the ones who always receive complaints and disputes at the initial stage prior to any intervention of higher agencies or authorities. Together with the CHR and DILG, they have instituted BHRAC, which empowers and systematize the Barangay system to handle local disputes the proper way. Q: What is the role of the Philippine Commission on Human Rights in the enforcement of Human Rights Laws? Cite concrete examples.
The Philippine Commission on Human Rights is a constitutional mandate, which is tasked to ensure effective and efficient enforcement of Human RightsLaws. It is responsible for the Seminars, Trainings, Promotion, Dissemination and sustainability of Human Rights education. One of the most significant accomplishments of the agency is its Initiative to make a special Human Rights Education System for Military, Police and other Law Enforcement Agencies in which they were recognized by UN & UNESCO. Some of the examples are: Advocacy Courses on Human Rights and International Humanitarian Law (HR – IHL) Curricula for the Police / Jail personnel and Correction Officers. Extensive Training Course for AFP, PNP, BJMP Bi-Annual Publication of Human Rights Journal Quarter release of Newsletter, Batingaw. UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano, Cebuano) Featured Stories of CHR’s Accomplishments and Relevant News. Tabloids, Magazines and Newspapers (published weekly) TV Plugs including testimonies Reproduction of Human Rights Sticker – “HR Protection Sticker” Other materials featuring current human rights issues Creative Dance Workshop for Children Research Studies: Enhancing GO – NGO Collaboration Building alliance for Human Rights Legislation HR-Social Reform for Disadvantageous Sectors including their service providers. Dispute Resolutions Union Perspective CHR – GO – NGO Collaboration towards monitoring Philippine Government Compliance with International Treaty Obligations on Human Rights. Other may also cite Article XIII Section 18 of the Constitution – CHR powers and function. (1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; (2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; (3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection; (4) Exercise visitorial powers over jails, prisons, or detention facilities; (5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; (6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families; (7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights; (8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority; (9) Request the assistance of any department, bureau, office, or agency in the performance of its functions; (10) Appoint its officers and employees in accordance with law; and (11) Perform such other duties and functions as may be provided by law.
REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS TREATIES & LAWS I. European Court of Human Rights The European Court of Human Rights (ECtHR) is a regional human rights judicial body based in Strasbourg, France. The Court began operating in 1959 and has delivered more than 10,000 judgments regarding alleged violations of the European Convention on Human Rights.These are binding on the countries concerned and have led governments to alter their legislation and administrative practice in a wide range of areas. The Court's case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe. The Court has jurisdiction to decide complaints (“applications”) submitted by individuals and States concerning violations of the European Convention on Human Rights, which principally concerns civil and political rights.The European Court, or “Strasbourg Court” as it is often called, serves a complementary role to that of the European Committee of Social Rights, which oversees European States’ respect for social and economic rights. Jurisdiction It cannot take up a case on its own initiative. Notably, the person, group or non-governmental organization submitting the complaint (“the applicant”) does not have to be a citizen of a State Party.
However, complaints submitted to the Court must concern violations of the Convention allegedly committed by a State Party to the Convention and that directly and significantly affected the applicant. As of March 2014, 47 States have ratified the Convention. Some of these States have also ratified one or more of the Additional Protocols to the Convention, which protect additional rights. To submit a complaint, an application form which is available online must be filled out in its entirety and copies of all relevant documents must be included along with the application, which must be submitted by postal mail. The Court's chamber decides both issues regarding admissibility and merits of the case. Generally, both these issues are dealt with in the same judgment. In final judgments, the Court makes a declaration that a contracting state has violated the Convention, and may order the contracting state to pay material and/or moral damages and the legal expenses incurred in domestic courts and the Courtin bringing the case. The Court's judgments are public and must contain reasons justifying the decision. Article 46 of the Convention provides that contracting states undertake to abide by the Court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The Court, under the Convention, has no jurisdiction to annul domestic laws or administrative practices which violate the Convention. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the Court's judgments. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the Convention, or individual measures taken by the contracting state to redress violations. Judgments by the Court are binding on the respondent states concerned and states usually comply with the Court's judgments. Friendly Settlement Prior to a decision on the merits, the Court will try to facilitate the arrangement of a friendly settlement. If a friendly settlement cannot be reached, the Court will then deliver a judgment on the merits. In instances where the Chamber hearing the case decides to issue an admissibility decision in conjunction with a judgment on the merits, then the Parties may include information about friendly settlements in the observation they submit to the Court. Interim Measures In exceptional cases, the Court may grant applicants “interim measures,” which are designed to protect the applicant from further harm while the case proceeds before the Court. Requests for interim measures are only granted when there is an imminent risk of irreparable harm such as death or torture. They are most often granted in extradition and deportation cases.
47 Member States 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47.
Albania Andorra Armenia Austria Azerbaijan Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Georgia Germany Greece Hungary Iceland
18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.
Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta Republic of Moldova Monaco Montenegro Netherlands Norway Poland Portugal Romania Russian Federation San Marino Serbia Slovak Republic Slovenia
11. 12. 13. 14. 15. 16. 17.
Spain Sweden Switzerland Macedonia Turkey Ukraine United Kingdom
II. National Human Rights Institutions Human Rights institutions are administrative in nature in the sense that they are neither judicial nor law-making. As a rule, these institutions have advisory authority regarding national and international human rights for the protection of nationals against discrimination and protection of civil and other human rights. Such institutions are created by legislation or decree. Some countries create the Ombudsman with the primary function to protect the rights of individual. The Ombudsman often act as an impartial mediator between aggrieved individual and the government. Based on the investigated complaints, the ombudsman makes a recommendation addressed to the authority complained of and if the recommendation is not acted upon, the ombudsman submits a report to the legislature containing suggestions to resolve the complaint.
Local Remedies in the Philippines 1. Commission on Human Rights (ART. XIII) CHR Composed of: o Chairman o 4 Members Qualifications: o Natural-born citizen o Majority must be members of the Bar o Others provided by law Powers & Functions: o Investigate violations of human rights including civil and political rights. (Cariño v CHR) o Adopt operational guidelines o Provide appropriate legal measures for all persons within Philippinesas well as Filipinos residing abroad. o Visitorialpowers over jails o Establish continuing program of research on human rights o Recommend to Congress effective measures of promotion of HR (EPZA v CHR) o Monitor Government’s compliance o Grant immunity from prosecution o Request assistance from any agency o Appoint its officers o Perform other functions 2. Writ of Amparo (A.M. No. 07-9-12 SC) History Writ of Amparo first appeared in the Constitution of Yucatan in 1841 then to Mexican Constitution of 1857. In 1971, former Justice Adolfo Azcuna, then a delegate to the Constitutional Convention, tried unsuccessfully to have the writ of Amparo incorporated in the Constitution.He replicated his efforts as a member of the 1986 Constitutional Commission. Although the writ was not constitutionalized, he succeeded in introducing a provision granting the Supreme Court power to promulgate rules concerning the enforcement of rights. In 2002, he was appointed to the Supreme Court, and his effort initiated more than three decades ago paid off when the court of last recourse adopted in 2007 the Rule on the Writ of Amparo for the protection of the rights to life, liberty, and security. Legal Remedy for Human Rights Violation
The writ is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It covers extralegal killings and enforced disappearances or threats. The principal objective of its proceedings is the initial determination of whether an enforced disappearance, extralegal killing or threats thereof had transpired —the writ does not, by so doing, fix liability for such disappearance, killing or threats, whether that may be criminal, civil or administrative under the applicable substantive law.The filing of the petition does not suspend nor preclude the filing of criminal, civil, or administrative actions. The petition for the writ of Amparo is a special proceeding governed by A.M. No. 07-9-12 SC. The rationale of the writ stems from the most basic human right to life. The Covenant on Civil and Political Rights and as recognized in the Philippine Constitution, every person has the inherent right to life, liberty and security.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Adopted by the UN General Assembly on Dec. 10, 1948 1st International recognition that human rights and fundamental freedoms are applicable to every person Not legally binding / not a treaty. It’s a moral obligation rather than legal. Provisions: Article 1: Right to Equality Article 2: Freedom from Discrimination Article 3: Right to Life, Liberty, Personal Security Article 4: Freedom from Slavery Article 5: Freedom from Torture and Degrading Treatment Article 6: Right to Recognition as a Person before the Law Article 7: Right to Equality before the Law Article 8: Right to Remedy by Competent Tribunal Article 9: Freedom from Arbitrary Arrest and Exile Article 10: Right to Fair Public Hearing
Article 11: Right to be Considered Innocent until Proven Guilty Article 12: Freedom from Interference with Privacy, Family, Home and Correspondence Article 13: Right to Free Movement in and out of the Country Article 14: Right to Asylum in other Countries from Persecution Article 15: Right to a Nationality and the Freedom to Change It Article 16: Right to Marriage and Family Article 17: Right to Own Property Article 18: Freedom of Belief and Religion Article 19: Freedom of Opinion and Information Article 20: Right of Peaceful Assembly and Association Article 21: Right to Participate in Government and in Free Elections Article 22: Right to Social Security Article 23: Right to Desirable Work and to Join Trade Unions Article 24: Right to Rest and Leisure Article 25: Right to Adequate Living Standard Article 26: Right to Education Article 27: Right to Participate in the Cultural Life of Community Article 28: Right to a Social Order that Articulates this Document Article 29: Community Duties Essential to Free and Full Development Article 30: Freedom from State or Personal Interference in the above Rights Impact or Significance: 1. Forms part of customary international law 2. Cause Government to rethink/rewrite Constitution and acknowledge the rights laid down by the UDHR 3. Adoption of International Covenants which are binding 4. International Agreements / Major Treaties or Convention 5. Reference of several laws and statutes across nations
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) Adopted by the United Nations General Assembly on 16 December 1966 and entered into force on 3 January 1976. Second Generation Rights One of the most important United Nations (UN) human rights treaties (multilateral treaty) Crucial to enable people to live with dignity. CP and ESC: Indivisible and interrelated Reliant on resources 5 Parts 1. Part 1 (Article 1) recognizes the right of all peoples to self-determination 2. Part 2 (Articles 2–5) establishes the principle of "progressive realization“ - It acknowledges that some of the rights (for example, the right to health) may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means.
3. Part 3 (Articles 6–15) lists the rights themselves. These include rights to work, under "just and favorable conditions", with the right to form and join trade unions (Articles 6, 7, and 8); social security, including social insurance (Article 9); family life, including paid parental leave and the protection of children (Article 10); an adequate standard of living, including adequate food, clothing and housing, and the "continuous improvement of living conditions" (Article 11); health, specifically "the highest attainable standard of physical and mental health" (Article 12); education, including free universal primary education, generally available secondary education and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity”, and enable all persons to participate effectively in society (Articles 13 and 14); participation in cultural life (Article 15). 4. Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the steps taken by the parties to implement it. It also allows the monitoring body – originally the United Nations Economic and Social Council – now the Committee on Economic, Social and Cultural Rights to make general recommendations to the UN General Assembly on appropriate measures to realize the rights (Article 21) 5. Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the Covenant.
ARTICLE III BILL OF RIGHTS FUNDAMENTAL POWERS OF THE STATE - They belong to the very essence of government and without them no government can exist. A constitution can only define and delimit them and allocate their exercise among various government agencies. A constitution does not grant them. Police power: inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of the society 1. Lawful subject 2. Lawful mean Power of eminent domain: the use of government of its coercive authority, upon just compensation, to forcibly acquire the needed property in order to devote the same to public use Power of taxation: method by which contributions are exacted from persons and property for the support of government and for all public needs PROTECTED RIGHTS Right to life The constitutional protection of the right to life is not just a protection of the right to be alive or to the security of one’s limb against physical harm. The right to life is the right to a good life.
Right to property Protected property includes all kinds of property found in the Civil Code. SECTION 1 – DUE PROCESS AND EQUAL PROTECTION Substantive due process: prohibition of arbitrary rules Procedural due process: guarantee of procedural fairness and a law which hears before it condemns Equal protection ** The equal protection clause is a specific constitutional guarantee of the Equality of the Person. The equality it guarantees is legal equality or, as it is usually put, the equality of all persons before the law. Under it, each individual is dealt with as an equal person in the law, which does not treat the person differently because of who he is or what he is or what he possesses. SECTION 2 – WARRANTLESS SEARCHES AND SEIZURES ** The purpose of the provision is to protect the privacy and sanctity of the person and of his house and other possessions against arbitrary intrusions by State officers Probable cause: such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to induce a cautious man to rely upon them Probable cause for the issuance of a warrant of arrest: such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested Probable cause for a search: such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched ** Probable cause is concerned with probability, not absolute or even moral certainty. Personal examination ** What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. The judge is not required to personally examine the complainant and his witnesses and on the basis thereof, issue a warrant of arrest. This means that what is required is personal determination and not personal examination. Particularity of description ** A search warrant may be said to be particularly describe the thing to be seized when the description therein is as specific as the circumstances will ordinarily allow and by which the warrant officer may be guided in making the search and seizure. ** Its purpose is to prevent abuse by the officer enforcing the warrant by leaving to him no discretion as to who or what to search or seize. SECTION 3 – PRIVACY OF COMMUNICATION AND CORRESPONDENCE ** The privacy right is but an aspect of the right to be secured in one’s person. ** The privacy right is but an aspect of the right to be secured in one’s person. SECTION 4 – FREEDOM OF SPEECH 1. No prior restraint 2. No subsequent punishment Prior restraint: official government restrictions on the press or other forms of expression in advance of actual publication or dissemination Subsequent punishment: have the effect of unduly curtailing expression Chilling effect: the citizen would hesitate to speak for fear he might be provoking the vengeance of the officials he criticized Unprotected speech: libel and obscenity ** It has been observed that such utterances are no essential part of any exposition of ideas, and are of slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interests in order and morality SECTION 5 – FREEDOM OF RELIGION Non-establishment clause ** Neither the State nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can, openly or secretly,
participate in the affairs of any religious organizations or groups and vice versa. The clause against establishment of religion by law was intended to erect “a wall of separation between Church and State.” Free exercise clause The absoluteness of the freedom to believe carries with it the corollary right that the government, while it may look into the good faith of a person, cannot inquire into a person’s religious pretensions. The moment, however, belief flows over into action, it becomes subject to government regulation. Prohibition of religious test The purpose of this provision, which is but a corollary of the freedom and non-establishment clause, is to render the government powerless to restore the historically and constitutionally discredited policy of probing religious beliefs by test oaths or limiting public offices to persons who have, or perhaps more properly, profess to have a belief in some particular kind of religious concept. SECTION 6 – LIBERTY OF ABODE AND TRAVEL ** The liberty of abode may be limited only upon lawful order of a court whereas the right to travel may be limited by administrative authorities as may be provided by law in the interest of national security, public safety or public health. SECTION 7 – RIGHT TO INFORMATION 1. Right to choose a person’s abode 2. Right to travel both at home and going out of the country ** They are subject to such limitations as may be provided by law. ** The Ethical Standards Act prohibits public officials and employees from using or divulging confidential or classified information officially known to them by reason of their office and not made available to the public. SECTION 8 – FREEDOM OF ASSOCIATION ** The right to form associations shall not be impaired except through a valid exercise of police power. ** It is therefore an aspect of general right of liberty. More specifically, it is an aspect of freedom of contract; and in so far as associations may have for their object the advancement of beliefs and ideas, freedom of association is an aspect of freedom of expression and belief. ** Government employees do not have a constitutional right to strike. SECTION 9 – POWER OF EMINENT DOMAIN Power of eminent domain:power of the state to take private property for public use upon payment of just compensation. 1. there is taking of private property 2. the taking must be for needed public use 3. there must be just compensation ** The power of eminent domain is possessed by the State and is exercised by the national government. Just compensation: the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation SECTION 10 – CONTRACTS ** Not all impairment of the substance of a contract violates the Constitution. A valid exercise of police power is superior to the obligation of contracts. ** The government cannot prejudice private rights without due process. SECTION 11 – FREE ACCESS TO COURTS ** This constitutional provision is the basis for the provision of Sec 17, Rule 5 of the Rules of Court allowing litigation in forma pauperis. ** Those protected include low paid employees, domestic servants and laborers. They need not be persons so poor that they must be supported at public expense. It suffices that the plaintiff is an indigent. SECTION 12 – MIRANDA RIGHTS 1. Right to remain silent 2. Right to competent and independent counsel preferably of his own choice 3. Right to be informed of such rights
Right to be informed ** When the Constitution requires a person under investigation to be informed of his right to remain silent and to counsel, it must be presumed to contemplate the transmission of a meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle. ** It is not sufficient for a police officer to just repeat to the person under investigation the provisions of the Constitution. He is not only duty-bound to tell the person the rights to which the latter is entitled; he must also explain their effects in practical terms. ** The right of the person under investigation to be informed implies a correlative obligation on the part of the police investigator to explain, and contemplates an effective communication that results in understanding what is conveyed. Right to competent and independent counsel ** The right to counsel is intended to preclude the slightest coercion as would lead the accused to admit something false. This constitutional right extends only to testimonial compulsion and not when the body of the accused is proposed to be examined. ** This is a product of experience under the Marcos regime when the military authorities used to make available to detainees only counsel of the military’s choice, and presumably working also for the interest of the military. Waiver of rights ** These rights cannot be waived except in writing and in the presence of counsel. Torture, force, etc. prohibited ** Because they vitiate truth and because they are an assault on the dignity of the person. SECTION 13 – RIGHT TO BAIL ** Bail is awarded to the accused to honor the presumption of innocence until his guilt is proven beyond reasonable doubt and to enable him to prepare his defense without being subject to punishment prior to conviction. Bail: mode short of confinement which would, with reasonable certainty, insure the attendance of the accused ay his trial and usually takes the form of a deposit of money or is equivalent as a guarantee of such attendance and which deposit is forfeited upon failure to appear. ** No constitutional right when the following conditions concur: the accused is charged with an offense punishable by reclusion perpetua; and the evidence against him is strong. SECTION 14 – RIGHTS OF THE ACCUSED 1. Due process in criminal cases 2. Presumption of innocence 3. Right to be heard 4. Right to counsel 5. Right to be informed 6. Right to speedy, impartial, and public trial 7. Right to meet witness face to face 8. Compulsory process Presumption of innocence ** No person shall be convicted unless the prosecution has proved him guilty beyond reasonable doubt. Right to counsel ** This is a realistic recognition of the obvious truth that the average defendant does not have the professional skill to protect himself when brought before a tribunal with power to take his life or liberty, wherein the prosecution is represented by an experienced and learned counsel. Right to be informed ** The object of the written accusation is to furnish the accused with such a description of the charge against him as will enable him to make his defense, to avail himself of his conviction or acquittal for protection against a further prosecution for the same course, and to inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had. ** The complaint must contain a specific allegation of every fact and circumstance necessary to constitute the crime charged. Right to speedy trial ** The concept of speedy trial is necessarily relative and determination of whether the right has been violated must be based on the balancing of various factors. Length of delay is certainly a factor to
consider; but other factors must also be considered such as the reason for the delay, the effort of the defendant to assert his right, and the prejudice caused to the defendant, Right to a public trial ** The purpose of this guarantee is to serve as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal is subject to contemporaneous review in the forum of public opinion us an effective restraint on possible abuse of judicial power. Right to meet witness face to face ** The right has a two-fold purpose: to afford the accused an opportunity to test the testimony of the witness by cross-examination and to allow the judge to observe the deportation if the witness. Waiver of rights ** Whenever a protection given by the Constitution is waived by the person entitled to that protection, the presumption is against the waiver. Consequently, the prosecution must prove with strongly convincing evidence to the satisfaction of this Court that indeed the accused willingly and voluntarily submitted his confession and knowingly and deliberately manifested that he was not interested in having a lawyer assist him during the taking of that confession. SECTION 15 – PRIVILEGE OF THE WRIT OF HABEAS CORPUS Writ of habeas corpus:a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf Privilege of the writ of habeas corpus:right to have an immediate determination of legality of the deprivation of physical liberty Validity of the suspension 1. the existence of actual invasion or rebellion 2. public safety requires the suspension SECTION 16 – SPEEDY TRIAL ** Speedy trial in Sec 14 covers only the trial phase of criminal cases, whereas Sec 16 covers all phases of nay judicial, quasi-judicial or administrative proceedings. SECTION 17–RIGHT AGAINST SELF-INCRIMINATION ** It was established on the grounds of public policy and humanity. Public policy: if the party were required to testify, it would place the witness under the strongest temptation to commit perjury Humanity: it would prevent the extorting of confession by duress ** Usually a crime or a criminal act may contain two or more elements and that a question would have a tendency to incriminate, even if it tends to elicit only one of said elements. The right thus, includes a right to refuse to testify a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by a witness. SECTION 18 – INVOLUNTARY SERVITUDE Involuntary servitude: every condition of enforced or compulsory service of one to another no matter under what formsuch servitude may be disguised SECTION 19 – DEATH PENALTY Guide 1. A punishment must not be so severe as to be degrading to the dignity of human beings. 2. It must not be applied arbitrarily. 3. It must not be unacceptable to contemporary society. 4. It must not be excessive. Heinous crimes: being grievous, odious, and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. ** The circumstances under which a specific law may allow the death penalty may make it cruel and unusual under such law. ** Death penalty per se is not a cruel, degrading or inhuman punishment. Punishment is so if it involves torture or a lingering death; but the punishment of death is not cruel, within the meaning of that word
as used in the constitution. It implies there is something inhuman and barbarous, something more than the mere extinguishment of life. SECTION 20 – DEBT AND POLL TAX Debt: Any liability to pay money growing out of a contract, express or implied. ** A person may be imprisoned for fraudulent debt only if the fraudulent debt constitutes a crime and the debtor has been duly convicted. Poll tax:cedula tax or residential tax ** The Constitution does not prohibit the cedula tax but it prohibits imprisonment for non-payment of the cedula tax. SECTION 21 – DOUBLE JEOPARDY First jeopardy terminated 1. by acquittal 2. by final conviction 3. by dismissal without express consent of the accused 4. by dismissal on the merits SECTION 22 – EX POST FACTO LAW AND BILL OF ATTAINDER ** The ex post fcato clause prohibits only retrospective penal laws.