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Human Rights Education - Midterm

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HUMAN RIGHTS EDUCATION (MIDTERM)

HISTORY, THEORY OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS

“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

Theories of Sources of Rights

1. Religious or Theological Theory


– Dignity of man as a consequence of human rights
– Divine source gives human beings a high value of worth
– These rights are inalienable and cannot be denied by human beings
– The Theological Approach is valid as long as men believe that God created them

2. The Natural Law Theory


– Originated from stoics and elaborated by the Greek Philosophers
– Plato and Aristotle, Ancient Roman Law Jurists – Perceives that the conduct of men must always conform
to the law of nature
– Thomas Aquinas – A Medieval Philosopher who considered natural law as law of right reason in accordance
with the law of God
– Hugo Grotius – Considered the father of International Law
– The idea of Human Rights appeals to everyone whatever culture or religion one belongs to
– John Locke – Envisioned human beings in a state of nature. In that state, they enjoyed life, liberty, and
property which are deemed natural rights
– The theory of Natural law became the basis of the natural rights of man against oppressive rulers
– When the Nazi Army General were prosecuted for various offences such as mass killing of children, women
and noncombatants and genocide, they put up a defense of “nullum crimen sine lege” that is “there is no
crime unless there is a pre-existing law condemning the act as a crime”
– The main characteristics of natural law is that it leaves vague what is part of the law of nations, and therefore,
is alienable

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

4. Functional or Sociological Approach


– Exist as means of social control
– Human Rights exist to serve the social interests of society
– It is the pragmatic principle which William James advocated that the essence of law is simply to satisfy the
needs of the people
– This approach was developed in the early 20th century when there were demands for a variety of wants
occasioned by the development of a society as help for the unemployed, the handicapped, the underprivileged,
minorities and other disadvantaged groups (vulnerable sector)
– This approach is now to focus on rights in terms of people’s wants and concern

5. The Positivist Theory


– Known as legal positivism states that all rights and authority come from the state and what officials have
promulgated (you can have rights if there is law)
– Jeremy Bentham and John Austin – Foremost positivists who had been advocates of law reform, stressed
the state’s legal process to bear upon the protection of human rights

6. The Marxist Theory (by Karl Marx)


– This theory emphasizes the interest of society over an individual man’s interest
– Individual freedom is recognized only after the interest of society is served
– Marx regarded the approach as Idealistic (mahirap iachieve)
– The economic and social rights in many international instruments of human rights are claimed to be due to the
Marxist theory of equitable distribution of wealth and economic resources
7. Theory Based On Equality and Respect
– Equality with respect to basic liberty means the recognition of individual rights in the enjoyment of basic
freedoms such as freedom of speech, religion, assembly, fair trial and access to courts

8. Theory Based On Justice


– Justice – The greatest interest of man; giving what is due
– Respect for human rights serves the end of justice
– Each person possesses inviolability founded on justice
– John Rawls – In his theory of justice, said that the first virtue of any social institution is justice. Rawls’s
theory is that each person possesses inviolability founded on justice, and when the liberties of equal citizenship
are settled

9. Theory Based on Dignity of Man


– Professors McDougal and Laswell
– The so-called value-oriented approach based on protection of human dignity
– “This theory proceeds on the premise that human rights means sharing values of all identified, means sharing
values of all identified policies upon which human rights depends on ( McDougal, Laswell and Chess, Human
Rights and World Public Order(1908)

10. Utilitarian Theory (Jeremy Bentham)


– The utilitarian theory, mainly based on the philosophy of English jurist Jeremy Bentham, seeks to define the
notion of right in terms of tendencies to promote specified ends such as common goods
– Bentham believes that every human decision was motivated by some calculation of pleasure and pain
– The goal is to promote the greatest happiness of the greatest number
– Government are to be judged not by reference to individual rights first in terms of their tendencies to promote
the greatest happiness to the greatest number
– Under this doctrine, everyone is counted equally

11. Utilitarian Theory (Rudolf Ikering)

Human Rights as an International Concern


 The struggle for the respect of human rights was originally a domestic or national issue
 The Citizens of the state asserted their unending rights against their tyrannical rulers
 The atrocities committed on masses of people during World War II have convinced international jurists
that the protection of human rights should be an international concern
 It was for this reason that one of the objectives of United Nations was “the reaffirmation in
fundamental human person and dignity and worth of the human person”
 December 10, 1948 the basic norms and standards of the human rights were proclaimed through the
Universal Declaration of Human Rights
 As mere declaration its provisions were not legally binding on States hence, in 1966 the International
Covenant on Civil and Political Rights, amplifying the human rights principles in the Universal
Declaration was adopted
 The human rights concept was further broadened with the adaptation of International Covenant on
Economic, Social and Cultural Rights in the same year
 The human rights provision of the United Nation Charter, the Universal Declaration of Human Rights
and these two Covenants are known as the International Bill of Human Rights
 “Human Rights became an international concern and is now a subject of International Law”
(Luard,” The Origin of International Concern Over Human Rights”, Human Rights in International Law,
Legal and Political Issues ed. by T. Meron, Oxford University Press 1989)”
 “Respect for human rights mainly concerns individuals without distinction as to nationality or
citizenship. Violation of human rights is offenses without borders”

Origin of Human Rights in the Philippines


– Jose Rizal – The national hero of the Philippines was the first and foremost victim of human rights violation
in the country
– For his written works denouncing the abuses of the Spanish authorities and church friars
committed on the Filipinos, he was arbitrarily arrested and tried by his own persecutors and was executed at
Bagumbayan in December 30, 1896
– Malolos Constitution
 Adopted on June 20, 1899
 Established a republican government, contained several provisions on city and political rights,
guaranteeing freedom from arbitrary arrest and detention, from search and seizures, to choose
dominicile and freedom of religion (Arts. 6, 8, 9, 10, 11, 12, 13, 14 and 15)

U.S Sovereignty over the Philippines


– President McKinley directed the application of American Bill of Rights through his instruction to the
Philippine Commission in 1901
– Philippine Anatomy Act of 1916, otherwise known as the Jones Law
– Philippine Independence Act of 1934, known as the Tydings-McDuffee Law
– The first Philippine Constitution adopted in 1935 and reiterated in the 1973 Philippine Constitution
contained Bill of Rights
– The Filipinos were temporarily deprived of the enjoyment of the civil and political rights during the military
rule of Japan from 1942-1944 but were restored immediately in 1945
– The Filipinos were again subjected to violation of human rights during authoritarian rule of President
Ferdinand E. Marcos. His Determination was terminated during February 1986 revolution
– A new constitution was adopted in 1986 and took effect in 1987, this new constitution categorically states
that the state values the dignity of every human person and guarantees full respect for human rights (Art. 3 [11])
– The Philippines has the biggest number of ratification of human rights instruments among the Asian States.
Signed and ratified or acceded to by the Philippines are the:
 International Covenant of Economic, Social and Cultural Rights (June 7, 1974)
 International Covenant on Civil and Political Rights (October 23, 1986)
 Optional Protocol International Covenant on Civil and Political Rights (August 22, 1989)
 International Convention on the Elimination of All Forms of Racial Discrimination (September 15,
1976)
 International Convention on the Suppression and Punishment of the Crime of Apartheid (July 27,
1987)
 International Convention against Apartheid (July 27, 1987)
 International Convention on the Elimination of All Forms of Discrimination against Women
(August 5, 1981)
 Convention on the Political Rights of Women (September 12, 1957)
 Convention on the Right of a Child (August 21, 1990)
 Slavery Convention of 1926 (July 12, 1955)
 Protocol Amending the Slavery Convention (November 17, 1964)
 Supplementary Convention on the Abolition of Slavery, The Slave Trade and Institutions and
Practices (November 17, 1965)
 Convention on the Suppression of the Trafficking of Person and the Exploitation of Others
(September 19, 1952)
 Convention on Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (June 18, 1986)
 The Convention on the Consent of Marriage (January 21, 1965)
 International Convention on the Protection of All Migrant Workers and Members of their
families (November 13, 1993)
 Convention on the Nationality of Married Women, Convention on the Status of Stateless Persons
(June 22, 1955)
 Convention Relating to the Status of Refugees (July 22, 1981)

Narrow Concept of Human Rights in the Philippines


– Magna Carta of 1215, the Bill of Right of the American revolutionist referred to the guarantees of the
enjoyment of individual liberties such as freedom from arbitrary arrest and detention, freedom of speech and of
the press, and freedom of religion
– 1986 Philippine Constitution (Art. XIII , Sec. 18 (1) of the Constitution)
 The Commission on Human Rights is empowered to investigate “all forms of Human Rights violations
involving civil and political rights”
– International Bill of Rights
 Apparently the delegates who drafted the 1986 Constitution were not fully aware of the broad concepts
of Human Rights as envisioned in the International Bill of Rights consisting of the International
Covenant of Civil and Political Rights in Economic, Social and Cultural Rights and the various
international instrument on human rights adopted by the United Nation and other international
organizations
 The delegates during the debate emphasized that at the moment the Constitution is limited only to civil
and political right
– Philippine Supreme Court
 In Cariño vs Commission on Human Rights, it ruled the most that may be conceded on the Commission
of Human Rights is the power to investigate. (receive evidence and make findings of facts as regards
claimed human rights violation
 Simon vs Commission of Human Rights, (1994), when the court said that the Constitution have
envisioned a Commission on Human Rights that would focus its attention to the more severe cases of
human rights violation
 The Court held in the Simon Case that the Demolition of stalls, sari–sari stores and carinderia does not
fall under the compartment of human rights violations involving civil and political rights envisioned by
the Constitution. These rights fall under the economic, social and cultural rights

Status of Human Rights in the Philippines


– Filipino people experienced series of violation of human rights defend himself. From the colonial Spanish
regime when there was economic and class discrimination, the Filipinos suffered from the brutal Japanese
occupation
– In 1942-1945. Jose Rizal, the national hero imprisoned for his political ideas, was tried by a partial tribunal
and was given an opportunity to defend himself. He was sentenced to death in Bagumbayan
– With the restoration of democracy in 1986, the Filipino people acceded to the international covenant on Civil
and Political Rights. In adopting a new constitution a state, a policy as now provided in Article II, Section II
which reads: “The State values the dignity of every human person and guarantees full respect for human rights”
– Philippine Foreign Policy on Human Rights
 There is a further impression that there is not much political will to protect human rights of the Filipino
Nations working abroad who are suffering from violation of their human rights.
 The General posture of the Department of Foreign Affairs, in many instances, is to sacrifice the rights of
Filipino Nationals who suffer violations of human rights abroad
 The Secretary of Foreign Affairs was quoted in the press that the Filipino Nationals who are
apprehended and detained by Saudi Arabian authorities for exercising their faith were to blame that
there is no Religious freedom in that country

INTERNATIONAL BILL OF HUMAN RIGHTS

“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

Basic Objective of the United Nation


 UN promotes “universal respect for an observance of human rights and fundamental freedoms" (UN
Charter Article 55(c) and 56)
 "May make recommendations for the purpose of promoting respect for, and observance of, human rights
and fundamental freedoms for all” (UN Charter Article 62(2) Economic and Social Council)
 Trusteeship System mandates “to encourage respect for human rights and for fundamental freedoms for
all without distinction as to race, sex, language, or religion, and to encourage recognition of the
interdependence of the peoples of the world” (UN Charter Article 76)
 Suggests to the General Assembly to discuss any matter within the scope of the Charter which may
concern human rights (-UN Charter Article 10)
 To blame that there is no Religious freedom in that country

UN Commission on Human Rights


– Formally established by the Economic and Social Council (ECOSOC)
– Assists ECOSOC in all matters relating to human rights
– Composed of 47 members
– Deals with all aspects of human rights issues

Sub-Commission of Experts and Rapporteurs


– Elected and empowered to undertake studies and to make recommendations, to prevent discrimination, and to
protect minority rights and fundamental freedoms
– Special Rapporteurs or working groups are also appointed to deal with special topics such as;
 Discrimination in education, religion and the administration of justice
 Adverse consequences for human rights caused by political, military, economic and other forms of
assistance to colonial and racist regimes
 The rights of the ethnic, religious and linguistic minorities
 Issues related to self-determination
 The realization of economic, social and cultural rights
 The rights of indigenous populations
 The new international economic order and the promotion of human rights
 The right to adequate food as a human right
 The exploitation of child labor

The Universal Declaration of Human Rights as a Common Standard

1. Freedom and Equality


– More influenced by the natural rights theory
– The first eight articles of the Declaration
– Article 1 states that: “All human beings are born free and equal in dignity. They are endowed with reason and
conscience and should act towards one another with a spirit of brotherhoods

2. Liberty, Security and Recognition Of Persons


– Next 19 articles
– Deal with the civil and political rights
– Every individual must be recognized as a person before the law and be afforded equal protection of the law
– Every individual should enjoy freedom from arbitrary arrests, illegal detention or exile

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

4. Nationality and the Family


– Every person has the right to a nationality, that is, to be a citizen of his State
– Right to marry and found a family

5. Right to Own Property


– Right to own property alone as well as in association with others
– No one shall be arbitrarily deprived of his property (Art.17)
– Ownership of external goods

6. Freedom of Thought, Conscience And Religion


– Freedom of thought and conscience
– Freedom of association for peaceful assembly
– To participate in the gov’t affairs
– Entitled to equal access to public services (Arts.18 and 19)

7. Economic, Social and Cultural Rights


– Right to social security
– Right to work the free choice of employment
– Right to equal pay for equal work
– Right to rest and leisure (Art.23)
– Right to form and join trade unions (Art.25)
– Right to maintain a standard of living adequate for his health and well being

8. Rights to Education And Cultural Development


– Right to education
– Parents prior right to choose the type of education of their children (Art.26)
– Right to freely participate in the cultural life of the community
– Protection of moral and material interests (Art.27)

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)

10. Achievement for all Nations


– Serves as a common standard of achievement for all nations
– No sanctions or enforcement machinery was set up
– Most nations have recognized the principles of the Declaration
– Its principles have been adopted in most state constitutions

The Legally Binding Documents


1. Two International Covenants (1966)
a. The International Covenant on Economic, Social and Cultural Rights
b. International Covenant on Civil and Political Rights
2. International Bill of Rights – 2 covenants and the UDHR
3. Committee on Economic, Social and Cultural Rights – They review the State Parties programs in
implementing the ECOSOC rights
4. Human Rights Committee – Experts that implement the Covenant on Civil and Political Rights

Hindrances in the Implementation of Human Rights Instruments


 Abuses that resulting to doubt the effectiveness of UN and its relevant agencies on human rights
 The realization of the many objectives of the UN
 Organization has been set back.
 Authoritarian regimes
 Art. 2, par. 7 of the UN Charter
 Many provisions in the international treaties that are not self-executing

The Task of Promotion and Protection Of Human Rights


 Violations of human rights are rarely punished
 Human rights advocates are confronted with age-old practices and traditions
 Powerful and influential are not easy to be eradicated
 Human Rights violations usually are not reported
 Reaffirmation on the faith of human rights and the definition of human individual that real justice can be
achieved

International Bill of Rights


1. Universal Declaration of Human Rights (UDHR)
2. International Covenant on the Civil and Political Rights
3. International Covenant on the Social, Economic and Cultural Rights

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

Classification of Constitutional Rights

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

3. Social and economic rights


– These are intended to insure the well-being and economic security of the individual.

4. Right of the accused


– They are (civil) rights intended for the protection of a person accused of any crime

Article III of the 1987 Constitution


– Article III of the 1987 Constitution is composed of 21 Sections. All of these sections provide for the human
rights of every individual which the government, and its instrumentalities and agencies shall respect

Application to Private Individuals


– The Bill of Rights cannot be invoked against acts of private individuals. The equal protection erects no shield
against private conduct, however discriminatory or wrongful (Yrasuegui v. PAL, G.R. No. 168081 (2008))

Relation to Human Rights


– Primacy of human rights (doctrine of hierarchy of rights or doctrine of preferred freedoms) While the Bill of
Rights also protects property rights, the primacy of human rights over property rights is recognized. In the
hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are
essential to the preservation and vitality of civil institutions (Philippine Blooming Mills Employment
Organization v. Philippine Blooming Mills, Co., supra)

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.

Due Process of Law


– Any deprivation of life, liberty or property with due process of law, if it is done (1) under the authority of a
law that is valid (not contrary to the Constitution) or of the Constitution itself, and (2) after compliance with fair
and reasonable methods of procedure prescribed by law
– Law which hears before it condemns

Aspects of Due Process of Law

1. Procedural due process


– Refers to the method by which the law is enforced. (Which hear before it condemns, which proceeds upon
inquiry and renders judgment after trial)

2. Substantive due process


– Requires that the law itself is fair, reasonable and just. No one is deprived of his rights for flimsy reasons
Equal Protection of the law
– The equality that it guarantees is legal equality or the equality of all persons before the law. It does not
demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and
conditions both as to privileges conferred and liabilities enforced.
– Similarly situated
– Requisites for valid classification for purposes of the equal protection clause
1. The classification must:
2. Rest on substantial distinctions
3. Be germane to the purposes of the law
4. Not limited to existing conditions only
5. Apply equally to all members of the same class

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

Requisites for a Valid Warrant:


1. It must be issued upon probable cause
2. The existence of probable cause is determined personally by the judge
3. The judge must examine under oath the complainant and the witnesses he may produce
4. The warrant must particularly describe the place to be searched and person or things to be seized.

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.

Particularity of Description (Search Warrant)

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)

John Doe Warrant


– A "John Doe" warrant can satisfy the requirement of particularity of description if it contains a descriptio
personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil. 159)

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

1. Search Incidental to Lawful Arrest


– Even without a warrant, the person arrested may be searched for:
a. Dangerous weapons
b. Anything which may have been used in the commission of an offense, or
c. Anything which may constitute proof in the commission of the offense

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.

3. Search of moving vehicle


– Justified on the ground that it is not practicable to secure a search warrant because the vehicle can be quickly
moved out of the locality or jurisdiction in which the warrant must be sought.

4. Check points; body checks in airport


a. Passengers not subjected to body search
b. Limited to visual search
c. Under exceptional circumstances, as where: (1) Survival of the government is on the balance, or (2)
Lives and safety of the people are in peril
d. Vehicle not searched

5. Plain view situation


a. A prior valid intrusion.
b. Evidence was inadvertently discovered by the police.
c. The evidence must be immediately apparent.
d. Plain view is justified seizure of evidence without further search

6. Stop and frisk situation


a. Police officer observes unusual conduct.
b. Reasonable suspicion that person is engaged in some type of criminal activity
c. Identifies himself as a policeman upon approach.
d. Makes reasonable inquiries.
e. There is reasonable fear for his own or other's safety thus he is entitled to conduct limited search of the
outer clothing of such persons in an attempt to discover weapons that might be used for assault.

7. Enforcement of Customs Law


– For the enforcement of customs duties and tariff laws, the Collector of Customs is authorized to effect
searches and seizure (The Customs Modernization and Tariff Act)

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.

R.A. 4200 (Anti-Wiretapping Act)


 The law does not distinguish between a party to the private communication or a third person. Hence,
both a party and a third person could be held liable under R.A. 4200 if they commit any of the prohibited
acts under R.A. 4200 (Ramirez v. Ca)
 The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200
because it is not similar to any of the prohibited devices under the law. Also, a telephone extension is
not purposely installed for the purpose of secretly intercepting or recording private communication.
(Gaanan v. IAC, 145 SCRA 112)

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.

Prohibitions under Section 4


1. Prohibition against prior restraint
2. Prohibition against subsequent punishment

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.

II. Right of Assembly and Petition

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.

Section 5. No law shall be made respecting an establishment of religion,


or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

Clauses under Section 5


1. Non-establishment clause
2. Free exercise of Religion

Distinction Between the Clauses (School District v. Schempp, 374 US 203)

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

Rights guaranteed under Section 6:


1. Freedom to choose and change one’s place of abode.
2. Freedom to travel within the country and outside

 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

Rights Guaranteed under Section 7


1. Right to information on matters of public concern
2. Right of access to official records and documents

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

Recognized Restrictions on the Right of the People to Information:


– Confidential informations, informations not within the scope of Section 7 bawal ma-access ng public
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations

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.

Powers of the Government


1. Police Power
– Power of the state to enact a law (a. for public purpose, b. it is for reasonable means)
2. Taxation Power (pagbubuwis)
3. Power of Eminent Domain (Section 9)
When is the exercise of the power of eminent domain necessary?
– It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract
exists between the government and the owner, the government cannot exercise the power of eminent domain as
a substitute to the enforcement of the contract

Elements of the Power of Eminent Domain


1. There is a taking of private property
2. Taking is for public use
3. Payment of 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

Section 10. No law impairing the obligation of contracts shall be passed.

When does a Law Impair the Obligation of Contracts?


1. If it changes the terms and conditions of a legal contract either as to the time or mode of performance
2. If it imposes new conditions or dispenses with those expressed
3. If it authorizes for its satisfaction something different from that provided in its terms

– 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

Rights to Adequate Legal Assistance


– The State has the constitutional duty to provide free and adequate legal assistance to assistance by reason of
indigence or lack of financial means. Through this, the indigent can engage the services of a lawyer to defend
himself or enforce his rights in civil, criminal or administrative cases
– Public Attorney's Office (PAO), Integrated Bar of the Philippines (IBP) – right for a public lawyer (pro bono)
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. 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.

Accused – A person who is charged before the court

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

Effect of Violation of the Right


– Any confession obtained in violation of any of the above rights is declared inadmissible in evidence before
any proceeding and violators shall be subject to penal and civil sanctions to be provided by law

Waiver of Right of Silence and To Counsel


– The right of silence and to counsel cannot be waived except in writing and in the presence of counsel

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

Who May Not Invoke the Right to Bail?


– It cannot be invoked where the applicant is not yet in custody of the law because he went into hiding and is
at large a free man even when he has already been criminally charged in court
– It is not available to one charged with capital offense or an offense punishable by reclusion perpetua, life
imprisonment, or death if the evidence of his guilt is strong
– Under the Rules of Court, “no bail shall be allowed after the judgment has become final or after the
accused has commenced to serve sentence.”
– When the privilege of the writ of habeas corpus is suspended, the right to bail, even for the commission of
national crimes is still available except as provided in Section 13

Excessive Bail is Prohibited


– The Constitution ordains that excessive bail shall not be required
– What amount is reasonable bail rest mainly upon the discretion of the judge. He has to take into account in
deciding the mater, among others, the nature of the offense, the penalty which the law attaches to it, the
probability of guilt and the financial condition of the accused

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 Due Process of Law in Criminal Cases


– A person cannot be held to answer for a criminal offense without due process of law. Due process in this
context pertains more to the procedural aspect. It requires that the accused must be:
 Tried before a competent court
 Given a fair and impartial trial (inhibition – if kamag-anak ng judge, he will pass the case to another
judge)
 Allowed to use all legal means and opportunity to defend himself
– The judgment awarded against him must be within the authority of a valid law
Right to Presumption of Innocence
– In all criminal prosecutions, the accused is presumed innocent until the contrary is proved. This presumption
of innocence is a guarantee that no person shall be convicted of a crime except upon confession or unless his
guilt is established by proof of beyond reasonable doubt, which is more than just a preponderance of evidence
sufficient to win in a civil case
– Its purpose is to balance the scales in what would otherwise be an uneven contest between the lone individual
pitted against the government and all the resources, authority and influence at its command

Right to be Heard by Himself and Counsel


– In all criminal prosecutions, the defendant shall be entitled to present and defend in person and by counsel at
every stage of the proceedings, from the arraignment to the promulgation of the judgment
– The accused must be present at the arraignment and must personally enter his plea
– After a plea of not guilty, the accused is entitled to two day to prepare for trial unless the court for good cause
grants him further time
– Before arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to
have
– Even if the guilt of the defendant is very apparent, a hearing is still indispensable. He cannot be punished
upon a doubtful assumption. Lack of notice of hearing violates procedural due process

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

Right to Have a Speedy, Impartial and Public Trial

– 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

Right to Confrontation of Witnesses


– The accused has the right to meet the witnesses face to face.

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

Right to Compulsory Production of Witness and Evidence

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

 Subpoena Ad Testificandum – Order requiring a person to appear in court and testify


 Subpoena Duces Tecum – Order requiring the production of evidence or document

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

Trial in the Absence of the Accused


– In arraignment, bawal mawala ang accused. Pag trial/hearing na, pwedeng wala ang accused (trial in absentia)
– The constitutional right of the accused to be personally present and to be heard in his defense by himself may
be waived by him. Thus, trial may not proceed notwithstanding the absence of the accused provided the three
conditions occur:
 He has been arraigned
 He has been duly notified of the trial
 His failure to appear is unjustifiable

Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it

Writ of Habeas Corpus


– It is an order issued by a court of competent jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient
cause for holding in custody the individual so detained
– For ex: Child less than 7 years shall be in the custody of the mother except for compelling reason

Purpose of the Writ


– It aims to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to
relieve a person therefrom if such restraint is found illegal. Its principal purpose then is to set the individual at
liberty (Arbitrary detention, unlawful detention, illegal detention by public officers)

Suspension of the Privilege of Writ


– It may be suspended by the President in case of invasion, or rebellion, when public safety requires it.
Consequently, the person under detention by the government may not obtain his liberty by its use
– The suspension of the privilege of the writ enables the State, “to hold in preventive imprisonment pending
investigation and trial of persons who plot against it or commit acts that endanger its very existence.”
Article 125, RPC. Delay in the delivery of detained persons to the proper judicial authorities
 12 hours – light offenses
 18 hours – less grave offenses
 36 hours – grave offenses

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Right to Speedy Disposition of Cases


– It upholds the time honored tradition of speedy justice – “Justice delayed is justice denied.”
– It can only be invoked after the termination of the trial or hearing of a case
– Under the present Constitution, the Supreme Court, all lower collegiate courts and all other lower courts are
required to decide or resolve cases within a certain period of time. With the setting of an absolute time limit in
the disposition of cases, a court litigant will not have to wait indefinitely anymore for his case to be decided
– The provision contemplates the disposition of cases involving private interests not only before judicial bodies
but also before quasi-judicial bodies and administrative bodies

Section 17. No person shall be compelled to be a witness against himself

Right Against Self Incrimination (only applies to testimonial compulsion)


– No person shall be compelled to be a witness against himself. This is a protection against self-incrimination
which may expose a person to criminal liability. It is founded on grounds of:
 Public Policy – Because if the party is thus required to testify, he would be placed under the strongest
temptation to commit the crime of perjury
 Humanity – Because it prevents the extortion of confession by duress

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

Forms of Testimony Prohibited


– The constitutional guarantee that no person shall be compelled to be a witness against himself is limited to
prohibition against compulsory testimonial self-incrimination- extricating from defendant’s own lips, against his
will, an admission of his guilt. It extends to the production by the accused of documents, chattels or other
objects demanded from him, for then he is compelled to make a statement, express or implied, as to identity of
the articles produced

However there is No Violation Where:


1. The accused is forced to discharge morphine from his mouth
2. The accused is compelled to place his foot on a piece of paper to secure his footprints
3. The accused is compelled to be photographed or to remove his garments and his shoes
4. Where a woman accused of adultery is compelled to permit her body to be examined by physicians to
determine if she is pregnant
5. The voluntary confession (given in the preliminary) of the accused is admitted at the trial
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.

Right against Detention Solely by Reason of Political Beliefs and Aspirations


– The inclusion in the Constitution of this right is a response to the recent event in our history. Thousand of
people were arrested and jailed during the whole period of martial rule for attacking certain acts and policies of
the President (martial law), for exposing graft and corruption in the government and others. Many remained in
incarceration for years without charges filed against them

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

Right against Excessive Fines


– The question as to the amount of the fines that shall be imposed is one addressed to the sound discretion of the
court. If it keeps within the limits of a statute, the fine cannot usually be held unreasonable
– Courts will be justified in declaring a fine prescribed by a statute excessive only when it is clearly so,
considering the nature of the offense and the ability of the persons punished to pay the offense
– Court determines if fine is excessive or not
Right against Cruel, Degrading or Inhuman Punishments

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

2. Quantity or Duration of Punishment


– All punishments greatly disproportionate to the nature of the offense as to be shocking to the human
conscience would be both cruel and inhuman

Imposition of Death Penalty


– Section 19 abolishes death penalty. It shall not be inflicted unless Congress decides to reinstate it “for
compelling reasons, involving heinous crimes”

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

Prohibitions Limited to Contractual Obligations Only


– The inhibition was never meant to include:
1. Damages arising in action ex delicto (criminal action), for the reasons that the damage recoverable therein do
not arise from any contract entered into between the parties, but are imposed upon the defendant from the
wrong he has done and are considered as punishment
2. Fines and penalties imposed by the courts in criminal proceedings as punishment for crime

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.

Right against Double Jeopardy


– It means when a person is charged with an offense and the case is terminated either by acquittal or conviction
or in any other manner without the express consent of the accused, the latter cannot again be charged with the
same or identical offense
– The guarantee protects against the perils of a second punishment as well as a second trial for the same offense
Requisites for Existence of Double Jeopardy
– The accused is placed in double jeopardy if the following conditions are present:
1. He has been previously brought to trial
2. In a court of competent jurisdiction
3. Under a valid complaint or information
4. He has been arraigned and pleaded either guilty or not guilty to the charge
5. He has been convicted or acquitted or the case against him has been dismissed or otherwise
terminated without his express consent
6. He is being charged again for the same offense

Right to Appeal in Criminal Cases


– The government has no right, therefore, to appeal from a judgment of acquittal
– The accused, after having been convicted, may appeal to a higher court, but the latter may raise the penalty
imposed on him by the lower court and such is not second jeopardy

Section 22. No ex post facto law or bill of attainder shall be enacted.

Ex-post Facto Law (law have retroactive effect)


– It is one which, operating retrospectively:
 Makes an act done before the passage of a law, innocent when done, criminal, and punishes such act; or
 Aggravates a crime or makes it greater punishment when it was committed
 Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when
committed
 Alters the legal rules of evidence, and receives less testimony than or different testimony from what the
law required at the time of the commission of the offense, in order to convict the offender

Characteristic of Ex-post Facto Law


1. It relates to penal or criminal matters only (civil interests are protected by the non-impairment clause)
2. It is retroactive in their operation
3. They deprive persons accused of crime of some protection or defense previously available, to their
disadvantage

Bill of Attainder
– It is a legislative act which inflicts punishment without a judicial trial

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