Human Rights Education - Midterm
Human Rights Education - Midterm
Human Rights Education - Midterm
“Human rights are as old as human society, they are rights man asserted at the beginning against injustices of
tyrannical rulers of ancient nations and the royal autocratic kings and princes of the medieval era – the nine
theories of sources of human rights.”
History
Human rights, originally known as “Rights of Man” are asserted by the citizens against tyrannical
governments
From the tyrannical rulers of the ancient Greece to the royal autocracy of kings and princes of the
Middle Ages men began to resist injustices they have long suffered. Men revolted against the concept of
the “Divine Right of Kings”
Socrates, considered the Father of Philosophy, was a victim of Human Rights Violation. He was
accused of corrupting the youths of the Athens by teaching things not in accord with the popular
mythology. He was condemned to die to drink the deadly hemlock
Aristotle, the foremost Greek philosopher did not favor slave ownership but history has shown that
slavery become a legalized institution. The Ancient Romans who were known as law-givers,
formulated excellent legal codes but legalized the possession of slaves in the Roman law
In the Middle Ages, the Great English document, Magna Carta was delivered by King John on June 9,
1215. Regarded as the first English Constitution, guaranteed personal liberties and civil rights
The revolutionaries of England determined to prevent arbitrary royal rule laid down the Bill of Rights
of 1689 such as freedom from cruel and unusual punishments and excessive fines
The Americans revolting against the English King declared their own Bill of Rights of Rights which
they adopted in 1766, asserting that all men are by nature fully free and independent, and have certain
inherent rights such as enjoyment of life and liberty, the means of acquiring and possessing of
properties, and obtaining happiness
French Revolutionaries in 1789, revolting against their tyrannical King, proclaimed the “Declaration of
the Rights of Man” previously denied them by the rulers
Eventually, most democratic countries adopted their respective constitutions, laws and statutes, the
principles of the constitutional guarantees in the Bill of Rights
3. Historical Theory
– Existed through the common consciousness of the people of what is right and what is wrong
– They believe human rights exist through evolutionary process
“To reaffirm faith in fundamental human rights and dignity and worth of human being promotion and
encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race,
sex, language, or religion”- purpose of United Nation
3. Right to Privacy
– Freedom from arbitrary interference with his privacy, family, home or correspondence
– Freedom of movement and residence
– Fight to leave any country (Art.12)
– Fight to asylum
9. Development of Personality
– Everyone is entitled to a social and international order in which the rights and freedoms set forth in this
Declaration can be fully realized (Art.28)
– Everyone has duties to the community in which alone the free and full development of his personality is
possible. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order and the general welfare in a democratic
society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the
United Nations (Art.29)
– Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage
in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein
(Art.30)
BILL OF RIGHTS
Bill of Rights
– It is a declaration and enumeration of a person's rights and privileges which the Constitution is designed to
protect violations by the government, or by an individual or groups of individuals
– It is a charter of liberties for the individual and a limitation upon the power of the State
– Only applicable in the Philippines
– Public officers are the violators, citizens are the victims of violations
1. Political rights
– They are such rights of the citizens which give them the power to participate, directly or indirectly, in the
establishment or administration of the government. (citizenship, suffrage, right to information)
2. Civil rights
– They are those rights which the law will enforce at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of happiness
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of laws.
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 person or things to be seized.
General Rule: Search and seizures are unreasonable unless authorized by a validly issued search warrant or
warrant of arrest
Probable Cause
– For the issuance of a warrant of arrest: Probable cause refers to 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.
– For the issuance of a search warrant: Probable cause would mean 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 to be searched.
Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific
offender be established, unlike in the case of a warrant of arrest.
1. A search warrant may be said to particularly describe the things to be seized when the description therein is
as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact - not of law - by which the warrant officer may be guided
in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to the offense for which the
warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823)
General Warrant
– A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in
the application for the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the
things to be seized be particularly described.
Valid Warrantless Search
2. Consented search
– The consent must be unequivocal, specific, and intelligently given, uncontaminated by any duress or coercion
– Consent to a search is not to be lightly inferred, but must be shown by clear and convincing evidence.
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 proceedings.
Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. However,
in the absence of governmental interference, the protection against unreasonable search and seizure cannot be
extended to acts committed by private individuals.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or of the right of the people peaceably to assemble and petition the government for redress of grievances.
(People v. Martin)
I. Protected speech
– Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes
motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of
protest. Peaceful picketing has also been included within the meaning of speech.
Unprotected Speech
1. Libel
a. Fair Comment (U.S. Rule)
– These are statements of OPINION, not of fact, and are not considered actionable, even if the words used are
neither mild nor temperate
– What is important is that the opinion is the true and honest opinion of the person. The statements are not used
to attack personalities but to give one's opinion on decisions and actions.
b. Opinions
– With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event),
opinions can be aired regarding their public actuations. Comment on their private lives, if not germane to their
public personae, are not protected.
2. Obscenity
– Test for obscenity (Miller v. California)
a. Whether the average person, applying contemporary community standards would find that the work,
taken as a whole, appeals to the prurient interest.
b. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined
by law.
c. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition.
2. Rules on assembly in public places:
a. Applicant should inform the licensing authority of the date, the public place where and the time when
the assembly will take place.
b. The application should be filed ahead of time to enable the public official concerned to appraise whether
there are valid objections to the grant of the permit or to its grant, but in another public place. The grant
or refusal should be based on the application of the Clear and Present Danger Test.
c. If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the
applicants must be heard on the matter.
d. The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants
at the earliest opportunity so that they may, if they so desire, have recourse to the proper judicial
authority.
3. Rules on assembly in private properties:
a. Only the consent of the owner of the property or person entitled to possession thereof is required.
1. The non-establishment clause does not depend upon any showing of direct governmental compulsion.
It is violated by the enactment of laws which establish an official religion whether those laws operate directly to
coerce non-observing individuals or not. The test of compliance with the non-establishment clause can be stated
as follows: What are the purposes and primary effect of the enactment? If either is the advancement or
inhibition of religion, the law violates the non-establishment clause. Thus, in order for a law to comply with the
non-establishment clause, two requisites must be met. First, it has a secular legislative purpose. Second, its
primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the
free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive
effect of the legislation as it operates against him in the practice of his religion. While the freedom to believe
(non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to
government regulation
– “Freedom to believe is absolute, freedom to act on one's belief is not absolute”
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
Destiero – lawful order of the court (pagpapatapon, banishment, exile) (25-250 km radius)
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
Discretion of Government
– The government has discretion with respect to the authority to determine what matters are of public concern
and the authority to determine the manner of access to them
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.
– The right to form associations shall not be impaired without due process of law and is thus an aspect of the
right of liberty. It is also an aspect of the freedom of contract. In addition, insofar as the associations may have
for their object the advancement of beliefs and ideas, the freedom of association is an aspect of the freedom of
speech and expression, subject to the same limitation
– The right also covers the right not to join an association
Section 9. Private property shall not be taken for public use without just compensation.
Just Compensation
1. Compensation is just if the owner receives a sum equivalent to the market value of his property. Market value
is generally defined as the fair value of the property as between one who desires to purchase and one who
desires to sell
2. The point of reference use in determining fair value is the value at the time the property was taken. Thus,
future potential use of the land is not considered in computing just compensation
– A mere change in Procedural Remedies which does not change the substance of the contract, and which still
leaves an efficacious remedy for enforcement does not impair the obligation of contracts.
– A valid exercise of police power is superior to obligation of contracts
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.
– The guarantee of due process and equal protection of laws assure all persons like access to the courts as well
as quasi-judicial bodies of the country for the protection of their persons and property, the prevention and
redress of wrongs, and the enforcement of contracts
– Low-paid employees, domestic servants and laborers (who collect small salaries and wages) might have to go
to court and yet are without means to pay attorney’s fees and sheriff’s fees
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
In the 5 Pillars:
1. Police – Suspect
2. Prosecutor – Respondent
3. Court – Accused
4. Correction – PDL – Persons Deprived of Liberty
5. Community – Ordinary Citizen
To be informed of his right to remain silent (right of the accused; does not apply to victims)
To have competent and independent counsel preferably of his own choice or to be provide with one
To be relieved against the use of torture, force, violence, threat, intimidation or any other means which
vitiates the free will
To be relieved against being held in secret, solitary, incommunicado, or other similar forms of detention
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 is suspended.
Excessive bail shall not be required.
Bail
– The security required by a court and given for the provisional or temporary release of a person who is in the
custody of the law conditioned upon his appearance before any court as required under the conditions specified
Purpose of Bail
– It relieves an accused from imprisonment until his conviction and yet secure his appearance at the trial. In all
criminal cases, the accused is presumed innocent
Form of Bail
– It may be in the form of cash deposit, property bond, bond secured from a surety company, or a recognizance
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.
Right to be Informed of the Nature and Cause of the Accusation Against Him
– This right implies that the offense which a person is accused of be made known to him. The complaint or
information should be sufficiently clear to a person of ordinary intelligence as to what the charge is so as to
enable him to prepare his defense
– Speedy trial – It means that one that can be had as soon as possible, after a person is indicted and within such
time as the prosecution, with reasonable diligence, could prepare for it. It should be a trial “conducted according
to fixed rules, regulations, and proceedings of law free from vexatious, capricious and oppressive delays.”
– Impartial Trial – Impartiality implies an absence of actual bias in the trial cases. To this end, no man can be
a judge in his own case and no man is permitted to try cases where he has an interest, pecuniary or otherwise in
the outcome.
– Public Trial – A public trial is not of necessity one to which the whole public is admitted, but it is one so far
open to all, as that of the accused’s friends and relatives and others who may be inclined to watch the
proceedings in order to see if justice is intelligently and impartially administered, so that they may have an
opportunity to do so
1. Cross examination of witnesses by the accused – The accused has an opportunity to cross-examine
witnesses against him to test their recollection and veracity
2. Assessment by the court of witness’ credibility – The judge has an opportunity to see the demeanor and
appearance of witnesses while testifying
1. Under the Rules of Court, an accused person is entitled to have subpoenas (order to a person to appear and
testify in court) issued to compel the attendance of witnesses in his favor, including warrant of arrest if needed
2. The court, upon proper application of the defendant, may order the prosecution to produce or permit the
inspection of evidence material to any matter involved in the action, in the possession or under the control of the
prosecution, the police or any other law-investigating agencies
Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Scope of Guarantee
– It applies in criminal cases as well as in civil, administrative and legislative proceedings where the fact asked
for is a criminal one
Involuntary Servitude
– It denotes a condition of enforced, compulsory service of one to another. It has been applied to any service or
labor which is not free, no matter under what form such service may have been rendered. It includes:
1. Slavery or the state of entire subjection of one person to the will of another
2. Peonage or the voluntary submission of a person to the will of another because of his debt
Exceptions to Prohibition
1. When the involuntary servitude is imposed as a punishment for a crime whereof the party shall have been
duly convicted
2. When personal military and civil service is required if citizens for the defense of the State
3. To injunctions requiring striking laborers to return to work pending settlement of an industrial dispute
4. To exceptional services, such as military and naval enlistment
5. To exercise by parent by their authority to require their children to perform reasonable amount of work
6. When there is proper exercise of the police power of the State
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
1. Form of Punishment
– It is said that punishment are cruel and/or inhuman when they involved torture or lingering death such as
burning alive, mutilation, starvation, drowning and other barbarous punishment
– Punishment is degrading when it brings shame and humiliation to the victim or exposes him to contempt or
ridicule, or lowers his dignity and self-respect as a human being.
– The punishment of death by hanging, electrocution or musketry is not considered cruel within the meaning of
that word as used in the Constitution
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Debt
– It means any liability to pay money arising out of contract, express or implied. It refers to civil debt or one not
arising from a criminal offense
Poll Tax
– It is a tax of a fixed amount imposed on individual’s residing within a specified territory, whether citizens or
not, without regard to their property or the occupation in which they may be engaged
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Bill of Attainder
– It is a legislative act which inflicts punishment without a judicial trial