Indicative Content:

1. General Consideration /Introduction

2. Human Rights
3. State Responsibility
4. The International Bill of Rights
5. International Humanitarian Law and International Human Rights Law

Module 1. GENERAL CONSIDERATION/INTRODUCTION

Specific Objectives:

At the end of the chapter the students must have:

1. Discussed the fundamental powers of the State

2. Identified the fundamental rights of the people
3. Classified basic rights of the people
4. Knew the contribution and participation of Philippines to Human Rights Law
5. Identified the different Human Rights Laws in the Philippines
6. Discussed the role and functions of Commission of Human Rights in the Philippines
7. Discussed how Human Rights Instrument is construed

I. GENERAL CONSIDERATIONS

FUNDAMENTAL POWERS OF THE STATE

1. Police Power- the power of promoting the public welfare by restraining and regulating the use of liberty and
property.
2. Power of Eminent Domain- the power to forcibly acquire private property for public use upon just compensa-
tion.
3.Power of Taxation- the power to impose taxes for the support of the government and for all public needs.

FUNDAMENTAL RIGHTS OF THE PEOPLE THE 1987 PHILIPPINE CONSTITUTION -ARTICLE III
(BILL OF RIGHTS)

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches
and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government for redress of grievances. (the right of the people to participate
in public affairs, including the rights to criticize the government. Content based, content neutral)
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. (the right to worship, freedom to
believe and freedom to act one’s belief)

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. (freedom to choose and change one’s place of residence,
freedom to travel within or outside the country)

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.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.(lawful agreement between private persons)

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.

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.
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.

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.

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.( free from vexatious or capricious delay) Section 17. No person shall be compelled to be a witness
against himself.
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.( whether paid or not) absolute power over the life, fortune and liberty of nother)
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall
the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

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.

Section 22. No ex post facto law or bill of attainder shall be enacted.( the law that make a previous act criminal although
it was not so at the time it was committed.

II. INTRODUCTION
Human Rights Education affirms the interdependence of the human family. It promotes understanding of the
complex global forces that create abuses, as well as ways in which abuses can be abolished and avoided.

PHILIPPINE CONTRIBUTION TO INTERNATIONAL HUMAN RIGHTS LAW

Philippine contribution to the Universal Declaration of Human Rights (UDHR)

The Philippines was a member of the first United Nations Commission on Human Rights, which was composed
of only sixteen (16) countries. From 1946 to 1948, this Commission was responsible for the drafting of the Universal
Declaration of Human Rights (UDHR), the first document to embody the aspirations of states for a world community
based on the recognition and respect of human rights. The Philippines was also one of the original forty-eight (48)
countries that adopted UDHR on December 10, 1948.

Philippine participation on core human rights treaties

Both the International Convention on Economic, Social and Cultural Rights (ICESCR), and the International
Convention on Civil and Political Rights (ICCPR) were signed by the Philippines on December 19, 1966, long before they
entered into force. However, while the ICESCR was ratified by the Philippines on June 7,1974, it was not until October
23,1986 when the ICCPR was ratified. It must be remembered that Martial Law was in force in the country from 1973 to
1983. It was only in 1986 when President Ferdinand Marcos left the Philippines, with President Corazon C. Aquino taking
over the presidency.

The Philippines was also among the first signers of the International Convention Against Racial Discrimination.
To date, the country has ratified all core human rights treaties, except one,

i.e., the International Convention for the Protection of All Persons from Enforced Disappearance, which entered into force
in December 2010. It is interesting to note that the Philippines usually signs and ratifies human rights treaties without
reservations or comments.
On women's rights: the "mother" of CEDAW is a Filipina
One of the core human rights treaties that could definitely make this world a better place to live in, and benefit
more than half the world's population, is the Convention on the Elimination of Discrimination Against Women
(CEDAW). Unknown to many, this is the brainchild of a Filipina, Leticia Ramos-Shahani, a former diplomat and senator.
She is a genuine trailblazer for women's rights, and she almost singlehandedly placed the Philippines in the international
map on women rights crusade. In 1974 she became the chairperson of the UN Commission on the Status of Women,
which organized the First World Conference on Women, in Mexico City.

Shahani is credited for the preparation and submission of the complete draft of the Convention on the Elimination
of Discrimination Against Women, even without the clearance from the Philippine government. This author would like to
refer to her as the "mother of CEDAW." Another women's rights instrument that she pushed for was "The Forward-
Looking Strategies for the Advancement of Women" (FLS). As the Secretary-General for the Nairobi Conference in 1985,
she successfully engineered the adoption of the FLS despite the initial controversy it generated.

Membership to the International Criminal Court

Although a latecomer to the International Criminal Court, having become a member only on November 1, 2011,
the Philippines lost no time in actively getting involved in the court's activities. The following month, Miriam Defensor-
Santiago, a sitting senator, former jurist and International Law expert, was elected as judge of the court.

HUMAN RIGHTS LAWS OF THE PHILIPPINES

The Philippines had been conscientious in complying with its obligations under international treaties in regard to
the enactment of relevant municipal laws designed to ensure domestic compliance. Many of these domestic laws adopt the
language and wording used in the international conventions, if only to emphasize the country's commitment to follow
international standards.

The sources of Human Rights jurisprudence in the Philippines are the Philippine Constitution, legislative
enactments, Supreme Court rules, rulings and orders, and executive issuances. All the three (3) departments of
government are actively involved in the policymaking aspect of human rights protection. However, the full execution and
widespread implementation of such policies still leave much to be desired.

Philippine jurisprudence on human rights

1. The Philippine Constitution — Contains the Bill of Rights; lays down the bases for all the civil, political,
economic, social and cultural rights of persons.

2. Rights of the child

a) RA 9344 — Juvenile Justice and Welfare Act of 2006

b) RA 7610 - Law Against Child Abuse
c) RA 9231 - Elimination of the Worst Forms of Child Labor
d) RA 9775 — Law Against Child Pornography
e) RA 8044 - Youth in Nation-Building Act
f) RA 6972 - Act Establishing Day Care Center in every Barangay
g) PD 603 - The Child and Youth Welfare Code Rights of women

3.1. RA 9262 — Anti-Violence Against Women and Their Children

3.2. RA 10364 - The Expanded Anti-Trafficking in Persons Act of 2012
3.3. RA 9710 - Magna Carta of Women
3.4. RA 7877 — Law Against Sexual Harassment
3.5. Act 4112 - Women Suffrage Act
 3.6. PD 633, as amended — Creating the National Commission on the Role of Filipino
Women

3.7. EO 273 - Philippine Plan for Gender-Responsive Development

3.8. Pres. Proc. 1172 — Campaign to End Violence Against Women
3.9. RA 6955 - Act Against Mail Order Brides

4. Rights of Lesbian, Gay, Bisexual and Transgender Persons (LGBT)

4.1. Ang Ladlad vs. COMELEC, April 8, 2010

5. Rights of Senior Citizens

5.1. RA 7432 - Senior Citizen's Act

5.2. RA 7876 - Senior Citizen Center Act
5.3. RA 9994 — Expanded Senior Citizen Act Rights of Disabled Persons
6.1. BP 344 - An Act to Enable The Mobility of Disabled Persons
6.2. RA 7277 — Magna Carta of Disabled Persons
6.3. RA 9442 — Law Amending the Magna Carta of Disabled Persons
6.4. RA 10070 — Act requiring the creation of Persons with Disability Affairs Office
(PDAO) by local government units
6.5. DILG MC 2009-37 - On issuance of identification cards and purchase booklets for
PWDs
6.6. DILG MC 2009-29 - On community-based programs for children with disability 6.7. Adm. No. 35 —
Directing departments, bureaus, agencies and educational institutions to conduct activities during the annual
observance of the National Disability Prevention and Rehabilitation Week

7. Rights of Workers and Laborers

7.1. PD 442, as amended — Labor Code of the Philippines, incorporating the New Labor
Relations Law and the Prohibition on Discrimination Against Women
7.2. RA 8024 - Migrant Workers Act
7.3. RA 10022 - Law amending the Migrant Workers Act
7.4. RA 8187 - Paternity Leave Act

8. Right to social security

8.1. RA 8282, amending RA 1161 - The Social Security Law

8.2. RA 8291 — The Government Service Insurance System Act

9. Right to Health

9.1. RA 7875 – National Health Insurance Act

9.2. Pres. Proc. 46 — Child and Mother Immunization Project

10. Right to a healthy environment

10.1. Oposa vs. Factoran, July 30, 1993

11. Right to privacy

11.1. SC A.M. No. 08-1-16-SC - The Rule on Habeas Data

11.2. RA 9995 - Anti-Photo and Video Voyeurism Act
11.3. RA 10173 - Data Privacy Act of 2012

12. Right to life, liberty, and security

12.1. The Anti-Enforced or Involuntary Disappearance Act of 2012

12.2. RA 9745 - Anti-Torture Act
 12.3. The Rule on the Writ of Amparo
12.4. Adm. Order 181 — Investigation and Prosecution of Political and Media Killings
12.5. Adm. Order 197 — Enforced Disappearances and Killings

13. Remedies of unjustly arrested and/or detained persons

13.1. RA 7309 - Law Creating the Board of Claims

13.2. Rule 102, Rules of Court - The Rule on Habeas Corpus
13.3. Rule 9439 — Law Against Hospital Detention
13.4. RA 10368 - Human Rights Victims Reparation and Recognition Act of 2013

14. Rights of accused, victims, and witnesses of crimes

14.1. RA 8505 — Rape Victims Assistance Act

14.2. RA 6981 - Witness Protection Act
14.3. RA 9999 - Free Legal Assistance Act
14.4. RA 9346 - Law Abolishing Death Penalty
14.5. Bill of Rights, Philippine Constitution
14.6. Rule 115, Revised Rules of Court

15. Other human rights violations penalized

15.1. Act 3815 - Revised Penal Code of the Philippines

16. Human Rights mechanisms

16.1. EO 163 — Creating the Commission on Human Rights

16.2. RA 9201 - National Human Rights Consciousness Week

16.3. PD 443 - On Delivery of Social Services.

CONSTRUCTION OF HUMAN RIGHTS INSTRUMENTS

Human Rights law is dynamic, and continues to evolve. The instruments embodying human rights treaties, laws
and principles are "living" instruments that must be interpreted in the light of circumstances surrounding and attendant to
every case. They cannot be tied down to obsolete practices and beliefs but have to be made adaptable to current societal
landscapes if they are to have any relevance at all.

When a human rights law has the effect of modifying another law without repealing the latter, an attempt at
harmonizing them has to be made. For instance, the law against trafficking in persons makes clear that trafficked
prostitutes are to be considered victims and are not to be prosecuted. However, the trafficking law does not operate to
repeal Article 202 of the Revised Penal Code on prostitution absolutely. Thus, this law punishing women for prostitution
still remains, it being one of the few remaining discriminatory laws against women in this country. Where two (2)
apparently inconsistent laws can stand independently, they have to be interpreted in favor of the validity of both. Thus, a
prostitute who is not trafficked, or a freelance commercial sex worker, may still be held liable for prostitution under the
Revised Penal Code. (The part of Article 202 on Vagrancy was finally repealed in April 2012.)

Module 2. HUMAN RIGHTS

Specific Objectives:

At the end of the chapter the students must have:

 1. Classified Human Rights
2. Discussed the characteristics of Human Rights
3. Identified the theories and sources of Human Rights
4. Distinguished the three generations of human rights

MEANING OF HUMAN RIGHTS

The Preamble of the Universal Declaration of Human Rights (UDHR) mentions the "inherent dignity and of the
equal and inalienable rights of all members of the human family." Human rights are not granted by the State, nor stemmed
from citizenship in a country. Human rights are rights which necessarily spring from being a member of the human
species.

Many in the Philippines think that human rights obligations are purely governmental, or that the scope of the right
is limited to political beliefs, or that human rights pertain to certain economic or social rights of a particular exclusive
group of people. Often, this myopic view gets abused for political agenda. Thus, we see human rights violations
committed by state-agents who are supposed to protect human rights, just as we see violations committed even by
elements calling themselves "human rights advocates." We see many armed conflicts fought in the name of freedom and
human rights, and yet we see the innocent and the peace-loving being deprived of their rights and freedoms because of
these so-called "freedom" wars. Without a more open-minded and comprehensive understanding of human rights, there
will always be the possibility to address one aspect but at the same time violate another.

Human rights law is a broad field, and includes not only the relationship between men and government, or the
civil and political rights of the people, but extends as well to their economic, social and cultural rights, to the right to
development and a peaceful and clean environment where they could develop in all facets as human beings. It covers
education, employment, health, family, and marriage, among many others. More importantly, it covers every individual
and does not operate to protect exclusively only a particular group of people. Both private individuals and public officers
have the duty to respect each other's rights.

CLASIFICATION OF HUMAN RIGHTS

A. According to Source:

1. Natural Rights – God-given rights, acknowledged by everybody to be morally good. They are unwritten but they
prevail as norms of the society.

2. Constitutional Rights – Rights which are conferred and protected by the Constitution and which cannot be modi-
fied or taken away by the law-making body.

3. Statutory – Rights vested by law and can be taken away by the law-making body.

B. According to Aspect of Life

1. Civil Rights – these are sets of rights pertaining to those that belong to every citizen of the state or country and
are not connected with the organization or administration of the government. They include the rights to property,
marriage, equal protection of the laws. Freedom of contract, or as otherwise, these are rights appertaining to a per-
son by virtue of his citizenship in a state or community.

2. Political Rights –these are rights which guarantee a citizen the authority to participate in the running of the af -
fairs of the government. These are also termed as participatory rights considering that these essentially grant the
right to every citizen to be involved in public decision-making processes such as plebiscites and elections.
 3. Economic Social and Cultural Rights –these are human rights which recognize, protect and guarantee the per-
son’s rights to education, housing, adequate standard of living, health, science and culture. These are also referred
to as entitlement rights.

ATTRIBUTES OF HUMAN RIGHTS

Human Rights have the following attributes.

1. Universal- Human rights apply to all humans, regardless of race, culture, age, sex, or creed.

2. Inherent- All human beings are born with these rights; these are not conferred by any authority.

3. Equal- Every human being has the same set of rights as any other. Article 1 of the Universal Declaration of Hu-
man Rights states that, "All human beings are born free and equal in dignity and rights.

4. Inalienable- Human rights cannot be taken from or given away by any human. While its exercise may be regu-
lated or restricted by law, its substance cannot be taken away.

THEORIES OF SOURCES OF HUMAN RIGHTS

1. Religious/Theological Approach

• A basis of human rights theory stemming from a law higher than the state and whose source is the
Supreme Being.

• It states that huma rights are not concessions granted by human institutions or states, or any international
organization as they are God-given rights.

2. Natural Law Theory

• Perceives that the conduct of men must always conform to the law of the nature.

• Natural law embodies those elementary principles of justice which were right reason, i.e., in accordance
with nature, unalterable, eternal.

3. Positivist Theory

• All rights and authority come from the state and what officials have promulgated.

• The only law is what commanded by the sovereign.

• The source of human rights is to be fond only in the enactment of law with sanctions attached.

• A right is enjoyed only if it is recognized and protected by legislation promulgated by the state.

4. Theory of Marxism • Emphasizes the interest of society over an individual man’s interest. Individual freedom is
recognized only after the interest of society is served.

• Concerned with economic and social rights over civil and political rights of community.
 5. The Sociological Approach

• Human rights exist as a means of social control to serve the social interests of society.

• Lay emphasis of obtaining a just equilibrium of multifarious interests among prevailing moral sentiments
and the social and economic conditions of the time and place.

6. Utilitarian Theory

• Seeks to define the notion of rights in terms of tendencies to promote specified ends such as common
good.

• Every human decision was motivated by some calculation of pleasure and pain. The goal is to promote
the greatest happiness of the greatest number.

• Everyone is counted equally, but not treated equally.

7. Theories of Justice

• Each person possesses inviolability founded on justice.

• The rights secured for justice are not subject to political bargaining or to social interest.

• Each person has equal rights to the whole system of liberties. There is no justice in the community where
there are social and economic inequalities.

• 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.

8. Theory based on Equality & Respect of Human Dignity

• The recognition of individual rights in the enjoyment of basic freedom such as freedom of speech, reli -
gion, assembly, fair trial and access to courts.

• Governments must treat all their citizens equally. For this purpose, the government must intervene in or -
der to advance general welfare.

THREE (3) "GENERATIONS" OF HUMAN RIGHTS

The three (3) generations of human rights refer to the order in time when a particular set of rights began to
develop and gain the recognition by states. The term "generation" does not mean that one set or group came after another
set or group, or that the first "generation" was rendered obsolete when the second "generation" emerged. The
"generations" are not also stages of the rights, because the third generation is not a mere improvement of the second, nor
the second a mere improvement of the first. Rather, the term "generation" refers to the succession of periods when
societies and governments began recognizing a set of rights, though not necessarily in the order of man's priority, for
man's first priority was more economic than political, such as the right to food, etc., a right recognized by humans long
before governments and rulers came into being.

First generation human rights refer mostly to the political rights and civil liberties found in the International Covenant
on Civil and Political Rights (ICCPR), such as the prohibition against searches and seizures, interruption of peaceful
meetings, or undue intervention to the freedom of expression. These are "negative" rights in the sense that they prohibit
the doing of something. They are the "No one shall" rights.

Second generation human rights are "positive" rights that enjoin States to perform an act or do something for the
enjoyment of these rights by the people. These are mostly economic, social, and cultural rights found in the International
Convention on Economic, Social and Cultural Rights (ICESCR), such as the right to work, to education and to food. They
are the "State shall" rights.

Third generation human rights are newly emerging rights, such as the right to development, the right of the people to
live in a clean environment, right to live in peace, etc. These are also known as solidarity rights.

Module 3. STATE RESPONSIBILITY

Specific Objectives:

At the end of the chapter the students must have:

1. Discussed the role of State in the protection of human rights

2. Discussed the State responsibility and liability for human rights violation
3. Discussed the State responsibility for international wrongful acts
4. Identified the prohibitions on unreasonable searches and seizures
5. Discussed the writs, principles and doctrines related to human rights

A. WHY THE STATE?

We hear so much clamor for the observance of human rights, in the courts, the streets, and in media. The term
human right is almost a byword to us; but how fully do we understand it? Many of as wonder why the term usually crops
up only when the victim is a government critic. We often hear the gripe "Pag rebelde ang biktima, Violation of human
rights, pero pag pulis o sundalo ang pinatay, alright?"

The State as guarantor of human rights

The State is not the giver of human rights, for these are inherent in all human beings. The role of the State in the
social order is to see to it that members of society acknowledge its authority and that it governs the people properly. In
turn, the State must recognize that the people have rights and freedoms that are inherent in them and cannot be taken
away. With this recognition is the State's duty to guarantee the continued enjoyment by the people of their rights. In other
words, in order to achieve an orderly society where there prevails a harmonious relationship between the ruler and the
ruled, the ruled must bow to the authority of the ruler, and the ruler must respect the inherent rights and fundamental
freedoms of its citizens.

As guarantor of human rights, the State may be held accountable when people are deprived of their rights by its
action or inaction.

No such guarantee exists on the part of private entities and civilians. If a security guard at a shopping mall checks
a customer's bag upon entrance, the customer cannot invoke the protection against warrantless and illegal searches, and
sue the mall for violation of his/her human rights for the guard's act. The Supreme Court made a very instructive ruling on
this in the case of People of the Philippines vs. Andre Marti, which will be discussed later. It does not mean, however, that
private persons are exempt from liability for human rights violations. They still are, although not directly within the
sphere of our existing "human rights mechanisms," but under criminal law. Nonetheless, the Philippine ratification of the
Rome Statute in November 2011 may subject Filipino individuals to international criminal liability for certain offenses.
Human rights scholars also opine that corporations could be liable for human rights violations.

For the meaningful enjoyment of human rights by everyone while maintaining the delicate balance of ensuring a
peaceful and orderly society under a regime of the rule of law, the State may regulate and limit certain activities of its
people. By virtue of the Police Power, Congress may pass laws to uphold and promote human rights as well as set
parameters within which they can be enjoyed. Executive officials may implement programs to enhance the conditions of
the people and enforce laws for the observance of those parameters, and the Supreme Court may issue orders and writs to
protect human rights. In short, that "delicate balance" can only be achieved if the State promotes the respect for human
rights, and members of society acknowledge that the enjoyment of certain rights is subject to the State's prudent and
reasonable exercise of Police Power. Thus, the wisdom and application of the legal maxim in property law, "Sic utere tuo
ut alienum non laedas" ("So use your own as not to injure another's property").

Human Rights and the Rule of Law

In order for society to strike the delicate balance between the government's authority to rule and the people's
entitlement to their inherent rights, a strict adherence to the Rule of Law must be observed.

Under the Rule of Law, "the law is preeminent and can serve as a check against abuse of power."2 This is op-
posed to Rule by Law, where the law serves "as a mere tool for a government that suppresses in a legalistic fashion."3

There is perhaps no better illustration of the contrast between the terms Rule of Law and Rule by Law than this
one by Professor Li Shuguang. The early concepts of Rule of Law included those which were enacted at the whim of
princes and rulers for their subjects to obey. Aristotle considered as Rule of Law only that set of laws which was based on
reason, and as Rule of Man that which was based on other considerations. Many of these laws were not always just and
fair. The "dura lex sed lex" maxim became more of a threat rather than a tenet whereby people can seek redress for
grievances.

Even now, the term Rule of Law has been so used and abused that it is slowly becoming a hollow concept. But
the "Rule of Law argument" should not be confused with the use of procedural maneuvers which are allowed under
certain rules or regulations. Dexterous juggling of procedural rules may sometimes give an illusion of legality to an act,
but could in fact be "suppression in a legalistic fashion,"5 the very thing that is anathema to the Rule of Law. This fishy
line of argument actually anchors on rules rather than on law, and pertains to "rules" as a set of prescribed regulations,
rather than to "rule" as the authority for good governance. Rules are not supposed to subvert the law, and the law must
conform to constitutional limitations. Both must not be used as a shield to cover oppressive acts. The genuine concept of
Rule of Law is and should be an ideal that promotes and respects human rights.

Violations by "State actors"

States are abstract entities, they do not act on their own. States act through their agents, or "state actors." When a
State actor violates the human rights of an individual, it is deemed a violation by the State itself. Part 1, Chapter 2 of the
Articles on State Responsibility provides the basis for State accountability when a public officer violates the rights of an
individual. This is the reason why demands for human rights are made against the government when, for instance, a police
officer fails to observe the Miranda warning, or makes shortcuts in implementing the law, or manhandles a street
parliamentarian or violates a person's right to privacy.
 Violations by private individuals

Individuals or groups can commit human rights violations and can be held liable for such. Individual
responsibility for human rights violations committed by private persons are treated and punished under the criminal law
system, a field of law which is very much intertwined with Human Rights Law, but is offered as a separate subject in the
Law curriculum. Thus, a person who deprives another of his life, liberty, or property may be charged under penal laws for
homicide, kidnapping, or robbery, for instance. For that to happen, the act or omission must be defined and penalized
under an existing domestic law, otherwise the offender could not be held liable for it. Nulla poena sine lege (There is no
crime if there is no law punishing the act or omission).

In order that human rights violations committed by individuals who are not "State actors" can be properly dealt
with, it is necessary that:

a. The State, through its lawmaking body, must enact the appropriate laws to criminalize the human rights viola-
tions; and
b. The State, through its judiciary, must provide adequate judicial remedies.

State liability for human rights violations committed by "non-State actors"

State liability may attach for human rights violations committed by "non-State actors" if the State failed to pass
laws to protect its people from these violations, and to provide for adequate judicial remedy. The State's role as guarantor
of human rights enjoyment and protection carries with it the obligation to ensure that State actors and non-State actors do
not violate them.

INTERNATIONAL STATE RESPONSIBILITY

Whenever a State ratifies a human rights treaty, it commits itself not only to observe the standards set forth in the
treaty and see to it that its agents do likewise, but also to enact domestic laws and regulations in order to hold private
individuals accountable. The traditional principle in international law is that individuals are not directly bound by it, for
individuals are not subjects of international law. By ratifying a treaty, the State agrees to be bound by international law
and thereupon incurs responsibility. In turn, the State has to ensure that the obligations under the treaty are observed
within its jurisdiction by its people. Hence, the duty to enact the corresponding laws of local application.

The State's responsibility to ensure compliance with international human rights obligations does not end with the
enactment of local laws; it should also see to it that those aggrieved by the violations of these laws must have adequate
judicial remedy. It is thus important that its judiciary has the mechanisms, the integrity, and the accessibility to dispense
justice for victims of human rights abuses.

International State responsibility for internationally wrongful acts

In the international level, State liability may be incurred for internationally wrongful acts. The Articles on
Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission in 2001, provides
in Article 1 that, "Every internationally wrongful act of a State entails the international responsibility of that State."
 Article 2 of the Articles enumerates the following elements of an internationally wrongful act of the State:

1. The act or omission is attributable to the State under international law; 2. The conduct constitutes a
breach of an international obligation of the State.

The State responsibility extends to acts committed by instrumentalities of the State. Persons and entities which
have the status of organs in the internal law of the State are included in the term "State organs." So, also are persons and
entities who, although not organs of a State, are empowered by a law of that State to exercise elements of governmental
authority.

Article 4 expressly provides that, "The conduct of any State organ shall be considered an act of that State under
international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it
holds in the organization of the State, and whatever its character of the central organ of the government or of a territorial
unit of the State."

States also incur liability if they fail to prevent private individuals or groups from violating the human rights of
others. In its Comment, the UN Human Rights Committee stated that, "The positive obligations on States Parties to
ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of
Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the
enjoyment of Covenant rights in so far as they are amenable to application between private persons or entities.
There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to
violations by States Parties of those rights, as a result of States Parties' permitting or failing to take appropriate measures
or to exercise due diligence to prevent, punish, investigate or redress the harm caused by such acts by private persons or
entities. States are reminded of the interrelationship between the positive obligations imposed under article 2 and the
need to provide effective remedies in the event of breach under article 2, paragraph 3. The Covenant itself envisages in
some articles certain areas where there are positive obligations on States Parties to address the activities of private
persons or entities. For example, the privacyrelated guarantees of article 17 must be protected by law. It is also implicit
in article 7 that States Parties have to take positive measures to ensure that private persons or entities do not inflict
torture or cruel, inhuman or degrading treatment or punishment on others within their power. In fields affecting basic
aspects of ordinary life such as work or housing, individuals are to be protected from discrimination within the meaning
of article 26."

In the landmark Velasquez-Rodriguez case the Inter-American Court of Human Rights found that the victim
Manfredo Velasquez disappeared in the "hands of or with the acquiescence" of Honduran officials within the framework
of a pattern or practice which was established. The Honduran government's failure to conduct an investigation on the
disappearance, compounded with allegations of attempts to thwart the victims' plea for an investigation, was deemed an
indication of government's involvement in the disappearance. In this case, the Court relied on circumstantial evidence, it
being assumed that direct evidence of the kidnapping would be unavailable, having likely been suppressed by the
government itself. It held that under International Law, an impairment of the human rights of a person which is
attributable to public authority, "constitutes an act imputable to the State, which shall assume responsibility."

Derivative State responsibility for complicity

The general rules on attributing State Responsibility were mentioned earlier, i.e., (a) direct responsibility of the
State committed by State actors, and (b) responsibility for acts committed by non-State actors when the State failed to
pass laws, prevent and punish violations, and to provide adequate legal remedies. So, the next question is, can a State be
held liable for the acts of another State?

Under our domestic criminal laws, a person can be held liable for the acts of another by reason of conspiracy, or
when he contributes to the commission of the crime or to the success of the criminal as a principal, accomplice, or
accessory. To be considered such, he must have performed an overt act. As a rule, mere presence at the scene of the crime
or acquiescence to the act is not punished.
 Under International Law, a State may be held liable for a human rights violation even if it did not directly commit
the act constituting the violation, provided that it assisted in the commission of the act or allowed it to happen, similar to a
conspirator, accomplice, or accessory in our criminal law. Articles 16 and 17 of the Articles on State Responsibility
provide for "derivative responsibility," which is present where (a) the State aids and assists in the commission by another
of the internationally wrongful act and, (b) the State exercises direction and control over the commission of the act.

The principle of State Responsibility through complicity probably originated from the Nuremberg Principles,
which states in Principle VII that, "Complicity in the commission of a crime against peace, a war crime, or a crime
against humanity as set forth in Principle VI is a crime under international law."

In the case of Nicaragua vs. United States of America, the United States was held liable for violation of customary
international law on non-interference in the affairs of another State for "training, arming, equipping, financing and
supplying the contra forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and
against Nicaragua." For this reason, the United States was ordered to make reparations for the injury caused by such
violation.

However, on the other issue of whether the United States should likewise be held liable for producing and
distributing a manual to the guerillas that tended to incite them to fight the Nicaraguan government, the ICJ held that the
United States violated the general principles of humanitarian law by such acts, but found no basis to hold it liable for the
crimes committed by the guerillas.

It should be emphasized that the Nicaragua ruling focused on State liability by reason of complicity, which
should not be confused with the ICTY ruling in the Delalic case applying the

"overall control test" in order to determine whether the armed conflict was international or internal.

PHILIPPINE CASES ON STATE RESPONSIBILITY

Prohibition on unreasonable searches and seizures is a restraint against the State, and not against private individuals

In the case of People vs. Andre Marti, the accused was convicted for violation of the dangerous drugs law when
he attempted to ship marijuana through a courier. It was found out upon inspection by the courier as part of standard
operating procedure that the package contained marijuana. The Supreme Court ruled that the illegal articles could be
admitted as evidence even if these were products of a search conducted without a warrant, because the person who
conducted the search was a civilian, not a government agent. It ratiocinated thus:

"The constitutional proscription against unlawful searches and seizures therefore applies as a restraint directed only
against the government and its agencies tasked with the enforcement of the law. Thus, it could only be invoked against the
State to whom the restraint against arbitrary and unreasonable exercise of power is imposed."

"And again in the 1969 case of Walker v. State (429 S.W.2d 121), it was held that the search and seizure clauses are
restraints upon the government and its agents, not upon private individuals (citing People v. Potter, 240 Cal. App.2d 621,
49 Cap. Rptr, 892 (1966); State v. Brown, Mo., 391 S.W.2d 903 (1965); State v. Olsen, Or., 317 P.2d 938 (1957)."

"For one thing, the constitution, in laying down the principles of the government and fundamental liberties of the
people, does not govern relationships between individuals." "Similarly, the admissibility of the evidence procured by an
individual effected through private seizure equally applies, in pari passu, to the alleged violation, non-governmental as it
is, of appellant's constitutional rights to privacy and communication."
 Justiciability of the solidary right to a healthy environment

In the landmark case of Oposa vs. Factoran, the Philippine Supreme Court recognized the human right of the
children-petitioners to a balanced and healthful ecology and of the State's duty to protect that right, not only for the
petitioners, but also for "generations yet unborn," thereby laying down the principle that the solidarity right to a healthy
environment is a justiciable issue that can be properly raised before the courts of law in our jurisdiction.

This is particularly significant because this right is a newly evolved right, a "third generation" right, and because
in the international arena, there had been much debate, still unsettled up to this time, as to who has responsibility for
violations of solidarity rights, in the spate of disasters brought about by corporate negligence.

In the Oposa case, the petitioners were all minors, suing through their parents. They asked the Court to have the Secretary
of Environment and Natural Resources cancel the Timber License Agreements (TLAs) issued by him and to cease and
desist from further issuances, claiming that these would be violative of their right to self-preservation and perpetuation.

The Supreme Court laid down the Doctrine of Intergenerational Responsibility in this case. This means that the
present generation holds the natural resource treasures of the earth in trust for the benefit, enjoyment, and use of the
generations of humankind yet to come, and the State has the responsibility to protect and see to it that this be realized.

The case was brought against respondent Factoran, in his capacity as the Secretary of the Department of
Environment and Natural Resources, thus ascribing responsibility to the State the acts of its officials. Although what
constituted potential human rights violations were activities of private corporations and business entities, the State has the
power to regulate these activities, and it is the exercise of this power which is the crux of the controversy. Because the
private business entities were not impleaded in the case, the issue zeroed in on State Responsibility to protect the human
right to a clean and healthy environment.

It would have been a lot more tricky if the case involved private entities or corporations, especially when the
corporations are "citizens" of another country. In the case of transnational corporations which operate in many countries
other than that where it is a national of, accountability may be difficult to enforce and state responsibility may be hard to
determine.

The norms for the responsibility of transnational corporations for violations of human rights are still to be
formalized. Efforts are ongoing for the adoption of U.N. Doc. E/CN.4/Sub.2/2003/L.ll at 52 (2003) ("The Norms on the
Responsibilities of Transnational Corporations and other Business Enterprises with regard to Human Rights"), which was
approved in August 2003 by the UN Sub-Commission on the Promotion and Protection of Human Rights.

The Writ of Kalikasan

The human right to a balanced and healthful ecology got another boost with the issuance of the Rule of Procedure
on Environmental Cases, A.M. No. 09-6-8-SC, particularly Rule 7 on the Writ of Kalikasan.

The writ is "a remedy available to a natural or juridical person, entity authorized by law, people's organization,
non-governmental organization, or any public interest group accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation
by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces." 11
 COMMAND RESPONSIBILITY

Liability for violations of human rights, in the same manner as criminal liability under the Revised Penal Code,
may be incurred by an act or omission. The offender can be made to answer for his act, as well as for his inaction, when
such act or inaction results in human rights violation. The failure of a superior officer to stop human rights violations
committed by his subordinates, though absent a showing that he directly ordered the commission of these acts, could still
make him liable as well for such acts, under the Doctrine of Command Responsibility.

The Yamashita Standard

One of the earliest and most internationally persuasive decisions on this is a case originating from the
Philippines, later on elevated to the United States Supreme Court.

In Re Yamashita is a case involving General Tomoyuki Yamashita, the commander of the Japanese Imperial
Army in the Philippines. He was charged for violations of the laws of war by "unlawfully disregarding and failing to
discharge his duty as a commander to control the acts of members of his command by permitting them to commit war
crimes." There were allegations that the Japanese army under his command engaged in a "deliberate plan to massacre and
exterminate a large part of the civilian population of Batangas Province as a result of which more than 25,000 men,
women, and children all unarmed noncombatant civilians, were brutally mistreated and killed."

A military commission heard the case of Yamashita. Upon conviction, Yamashita applied for a writ of habeas
corpus before the Philippine Supreme Court, wherein he assailed the commission's lack of jurisdiction, among others. The
Philippine Supreme Court denied his application and ruled that the Commission was validly constituted. The case was
elevated to the U.S. Supreme Court, which found Yamashita guilty and sentenced him to death. The Court ruled that
under International Law on the law of war, violations of war "have to be avoided through the control of the operations of
war by commanders who to some extent are responsible for their subordinates." As commander, General Yamashita was
under an "affirmative duty to take such measured as were within his power and appropriate in the circumstances to protect
prisoners of war and the civilian population."

The Yamashita ruling resulted in a new legal standard, so to speak, governing command responsibility, which
gained considerable international acceptance as part of international customary law. The "Yamashita Standard" was
applied in some decisions, although there are criticisms against it, such as its doubtful applicability in cases where those
charged are commanders of armies of entities which are not recognized as States. For instance, the International Criminal
Tribunal of the former Yugoslavia (ICTY) made no reference to this standard in the cases brought before it, and
understandably so, because the circumstances surrounding such cases are different.

A similar standard, known as the "Medina Standard," was adopted based on the prosecution of US Army Captain
Ernest Medina in connection with the My Lai Massacre during the Vietnam War. In that case however, Medina was
acquitted.

Under the Rome Statute, a "military commander or person effectively acting as a military commander shall be
criminally responsible for crimes committed by forces under his or her effective command and control, or effective
authority and control as a result of his or her failure to exercise control properly over such forces." 13 This will be discussed
more extensively under Chapter XVI.

The International Bill of Rights

Specific Objectives:
At the end of the chapter the students must have:

1. Discussed the International Bill of Rights

2. Identified the concept of the International Bill of Rights to the Bill of Rights under the Philippine Constitution

THE INTERNATIONAL BILL OF RIGHTS

On December 10, 1948, the United Nations General Assembly (UNGA) adopted and proclaimed the Universal
Declaration of Human Rights (UDHR). It "called upon all Member countries to publicize the text of the Declaration and
'to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions,
without distinction based on the political status of countries or territories.

The Universal Declaration of Human Rights and two (2) other human rights treaties are collectively known as the
International Bill of Rights. The two (2) treaties are the International Convention on Civil and Political Rights (ICCPR)
and its two (2) protocols, and the International Convention on Economic, Social and Cultural Rights (ICESCR). (On the
other hand, the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW is also known
as the International Bill of Rights for Women.)

This Chapter will present the instruments consisting the "International Bill of Rights" and will give an
introduction of the rights and freedoms embodied therein. A brief discussion on the legislation and application of such
rights and freedoms in the Philippines will be made.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

The primary human rights instrument, the Universal Declaration of Human Rights (UDHR), is not a treaty. The
United Nations General Assembly (UNGA) enacted UDHR as a resolution, thus legally it has the force and effect only of
a recommendation, which is considered "soft law," and which traditionally would have lacked binding effect upon States.
It, however, has been observed by States as if it were a treaty, and has since evolved into general principles of
international law.

The document was drafted by the first United Nations Commission on Human Rights, then chaired by Eleanor
Roosevelt. The Philippines was in the sixteen-member Commission. John Humphrey of Canada wrote the first draft
("Humphrey Draft"). The final draft ("Cassin Draft" or "Geneva Draft") which provided the structure of the Declaration
was composed by Rene Cassin of France. It is considered the most translated document in the universe.

UDHR contains a Preamble and 30 articles. Among the notable declarations found in the Preamble of UDHR are:

1. That human rights are inalienable rights of all members of the human family;
2. The recognition of human rights is the foundation of freedom, justice, and peace in the world;
3. The freedoms of speech and belief as well as the freedom from fear and want are the highest aspiration of the
common people;
4. Rebellion against tyranny and oppression is recognized as a last resort where human rights are not protected.

The Universal Declaration of Human Rights (UDHR) recognizes not only the civil and political rights of a person but
also his economic rights, such as employment, food, shelter, social Security, etc.; social rights, and cultural rights.
Solidarity rights are also recognized in the Declaration. The Bill of Rights in the 1987 Philippine Constitution provides for
similar guarantees to human rights as those provided in the UDHR, and almost with the same wordings used as the latter.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR) was adopted and opened for signature,
ratification and accession by General Assembly Resolution 2200A (XXI) of 16 December 1966. It was entered into force
on March 23, 1976, in accordance with Article 49 thereof. The Philippines signed it three (3) days after it was opened for
signature on December 19,1966, but it was not until twenty (20) years later, on October 23, 1986, when it was ratified.

ICCPR has two (2) additional protocols:

a) The First Optional Protocol, which entered into force on March 23, 1976, provides for the jurisdiction of the
Human Rights Committee to receive and consider communications from individuals who claim to be victims of
human rights violations set forth in the ICCPR. This was ratified by the Philippines on August 22, 1989.

b) The Second Optional Protocol, which entered into force on July 11, 1991, is aimed at the abolition of death
penalty. This was ratified by the Philippines on November 20, 2007, after it passed Republic Act 9346 abolish-
ing death penalty in June, 2006.

In both documents, UCCPR and ICESCR, the first article is on the right of self-determination, by virtue of which
peoples may "freely determine their political status and freely pursue their economic, social and cultural development."

ICCPR has a compliance and monitoring mechanism which is the Human Rights Committee. (The Human Rights
Committee should not be confused with the Human Rights Council a UN Council under the UN General Assembly, or the
defunct Human Rights Commission under the ECOSOC, which the Committee replaced.) The Committee shall be
discussed more thoroughly in Chapter VII, where relevant cases involving the Philippines will be presented.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted and opened for
signature, ratification, and accession by General Assembly Resolution 2200A (XXI) of 16 December 1966. It entered into
force on January 3, 1976, in accordance with Article 27 thereof. The Philippines signed it at the same time as ICCPR on
December 19,1966 and ratified the covenant on June 7, 1974.

The ICESCR has a reporting mechanism called the Committee on Economic, Social and Cultural Rights
(CESCR). There is one optional protocol to the ICESCR, which opened for signature and ratification on December 10,
2008. It has not yet entered into force as it only has eight (8) ratifications thus far, whereas it needs at least ten (10)
member States to ratify the same. The Philippines has not yet signed nor ratified the protocol as of this writing. The
optional protocol provides for the jurisdiction of the Committee on Economic, Social and Political Rights (CESCR) to
receive and consider communications from individuals and groups claiming to be victims of violations of any of the rights
set forth in ICESCR.

RIGHTS AND FREEDOMS UNDER THE INTERNATIONAL BILL OF RIGHTS

a. Equality in dignity and rights

 The Universal Declaration of Human Rights starts with the declaration of equality of all human beings in dignity and
rights in Article 1, thus laying down at the outset the most fundamental and basic rules for the enjoyment by every person
of his human rights: the respect and protection that each human being deserves.

The International Covenant on Civil and Political Rights (ICCPR) echoes this declaration in its Article 3, stating that "The
States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil
and political rights set forth in the present Covenant."

This declaration ensures that every human is entitled to his/ her rights regardless of sex, race, religion, status in life or
political beliefs, and that no one enjoys preference or priority over another in the entitlement of human rights. This does
not necessarily translate to uniformity of rights, for different classes of persons may have different rights (e.g., children,
indigenous peoples) but rather to equal opportunity to enjoy human rights.

b. Right to life, liberty and security

Probably the most discussed article in the Universal Declaration of Human Rights is Article 3, which provides that
"Everyone has the right to life, liberty and security of person." It encapsulates the key political and civil rights of a person
that must be protected by the State.

Although positive wording is used, the article actually is a negative right in that it restrains the State from violating a
person's life, liberty and security. Article 6 of the ICCPR states the right to life using both positive and negative wording,
thus "Every human being has the inherent right to life. The right shall be protected by law. No one shall be arbitrarily
deprived of his life." Article 9 of the same covenant also uses positive and negative wording in respect to the right to
liberty and security, thus: "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention...."

The Philippine Constitution contained a similar provision in its Bill of Rights. Article 3, Section 1 thereof provides
that, "No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied
the equal protection of the laws."
An interesting question is, can the right to life he waived? Does the right to life include the right to end one's own life? In
short, does a person have the right to die? There are two (2) interesting cases in the United Kingdom which deal on the
issue.

In the case of Pretty vs. UK, decided April 29, 2002,23 Mrs. Diane Pretty petitioned the European Court of Human
Rights (Application No. 2346/02) to be allowed to commit suicide with the help of her husband Brian. Mrs. Pretty, then
43, was suffering from advanced stage of motor neuron disease which paralyzed her from the neck down. She argued that
she had the right to life as well as the right to die. The Court ruled that the petitioner did not have the right to die, and that
no such right can be derived from the right to life.

On the very same day that Mrs. Pretty's case was decided by the European Court, also known as the Strasbourg
Court, another terminally-ill patient, identified only as Miss B, ended her life in a hospital in UK with the removal by
doctors of the ventilator which supported her after she was given the go-signal by the UK court.

Although there was an apparent inconsistency in the decisions in the two (2) cases, medical ethicist Dr. Gillian
Craig observed that there was really a marked difference between the two (2): in the case of Miss B, she wanted medical
treatment to be stopped (she had the right to refuse medical treatment), while in the case of Mrs. Pretty, she wanted to be
killed.24
 The right to liberty and security is further enunciated in Articles 9 and 10 of ICCPR. Article 9 states that
"Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No
one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by
law."

Clearly, the right to liberty and security is not absolute and may be restricted on valid grounds, such as the imprisonment
of a convict by way of penalty for the commission of an offense, or the hospitalization of insane persons. 25 In the case of
persons detained during the pendency of a criminal proceeding for which no bail is recommended, or if one is
recommended, the same is not given, the restriction of liberty is done to assure that the accused will not abscond and
defeat the proceedings.

Article 10(1) of ICCPR states that, "All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person." The aim of imprisonment shall be the reformation and rehabilitation of the
convicts. Juveniles shall be separated from adult prisoners, and convicts shall be separated from pre-trial prisoners or
those whose cases are still being tried.

Article 10(2) of ICCPR provides for a separate treatment for convicts from those still undergoing trial, also called pre-trial
prisoners. The latter enjoys the right to be presumed innocent until the contrary is proved. Pre-trial prisoners are detained
in centers run by local government units such as the Cebu Provincial Detention and Rehabilitation Center (CPDRC) or the
Bureau of Jail Management and Penology under the Department of Interior and Local Government (DILG); whereas
convicted prisoners are usually transferred to detention facilities or penal colonies operated by the Bureau of Corrections
under the Department of Justice (DOJ). The use of the word "Penology" for the DILG-run facility is not accurate because,
to repeat, the facility is mainly for pre-trial prisoners who are not yet "penalized," and the only convicts supposed to stay
in those facilities are those with minor sentences which may fall anyway under the Probation Law.

The temporary incarceration of pre-trial prisoners not being considered penalty, and still possessing the right to be
presumed innocent at this stage, they may continue to exercise other political rights, such as the right to suffrage. It is
incorrect to deprive a pre-trial prisoner of personal belongings that are necessary for his personal comfort if these do not
compromise the security and safety in the detention facility. He is not yet being punished, unlike a convicted prisoner.
Therefore, unless security is an issue, pre-trial prisoners who can provide themselves with their own blankets and pillows
or such reasonable, no-frills basic personal necessities, should not be denied such and be condemned to suffer the
miserable, sometimes inhuman conditions of prison just because their government cannot give them decent
accommodation.

That is not to say that convicted prisoners are doomed to rot in decrepit jails either. Article 10(1) which speaks of
humane treatment and respect applies to "all persons deprived of their liberty" There may be a difference in the treatment
and rehabilitation program of these prisoners from pre-trial prisoners because there is now a j penal nature and punitive
objective to the incarceration.

c. Right against slavery

Article 4 of UDHR and Article 8 of ICCPR provide that "slavery and the slave trade shall be prohibited in all their
forms." It is not necessary that there be an "owner-chattel" relationship between the perpetrator and the victim, as was in
the past. Under the old concept, slaves were considered property which makes up a person's wealth. They were not
considered "persons," and therefore could not acquire a citizenship. The modern forms of slavery may not exactly be of
the same type. In human trafficking which is known as "modern day slavery," the important factor is exploitation. Today's
trafficked persons may have some degree of freedom and choice, and may have even initially sought out or voluntarily
agreed to be recruited. They may even have paid their way into the recruitment process. When these persons start to get
exploited, whether for debt bondage, sexual commercialism, organ trafficking and similar purposes, there is human
trafficking victimization.

The right against slavery is jus cogens, a higher level human right. States cannot validly enter into a treaty to the
contrary. The jus cogens right against slavery includes "all forms" of slavery, such human trafficking.

lCCPR's Article 8 states that the term "forced or compulsory labor" shall not include work or
service required of a prisoner, or of military nature, or which forms part of normal civil obligations, or necessary during
calamities. It does not preclude the performance of hard labor as part of a penalty of a crime.

The pertinent Philippine laws on slavery and other forms of slavery are Articles 272, 273 and 274 of the Revised
Penal Code, Republic Act 9231 on the Elimination of Worst Forms of Child Labor, Republic Act 9775 against Child
Pornography, and Republic Art 9208 against Trafficking in Persons.

Trafficking in persons
The applicable treaty on h*man trafficking is the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, also known as the Palermo Protocol. This treaty is one of three (3) "daughter"
treaties of the United Nations (Convention on Transnational Organized Crime, also known as the Palermo Convention.

As a form of slavery, human trafficking is a crime against humanity when committed as part of a widespread or
systemic attack.26 The Rome Statute of the International Criminal Court specifically includes trafficking in persons in the
enumeration of acts constituting crimes against humanity.

Many human rights scholars believe that crimes against humanity should be covered under the "universal
jurisdiction" scheme in the same way that Piracy on the high seas is so covered and pirates are treated as hostis humani
generis, regardless of the territorial jurisdiction of the forum State or membership to the International Criminal Court
(ICC) of the pirates' country. This makes a lot of legal sense because human trafficking is a crime oftentimes committed
across borders. One of the essential elements of this crime is "exploitation," an element which may not be discoverable at
the place of origin, and is consummated only at the place of destination. Different places have different laws and different
penalties and different procedures, and prosecution in one State may be easier compared to another. If human trafficking
is a jus cogens crime, then all States shall have the erga omnes obligation to prosecute or cooperate in the successful
prosecution of this case, place of commission and territorial jurisdiction notwithstanding.

In terms of domestic legislation, the Philippine law against human trafficking is the first in Southeast Asia and is
probably one of the best in the world. Republic Act 9208 (RA 9208) is thorough and treaty-compliant, and its
implementing rules are well-defined and widely participated in by multiple agencies and stakeholders. Many arrests and
successful prosecutions were accomplished under RA 9208, but it is believed that this is just a tip of the iceberg.

While the network of anti-human trafficking forces has been successful domestically, human trafficking involving
Filipino overseas workers, has yet to be sufficiently addressed. There had been incidents of trafficking of Filipinos in
many countries including Malaysia, the Middle East and the United States. In some cases, arrests and prosecutions were
made resulting in convictions; in others, legal action is either wanting or less successful.

In one case in Florida, around 50 Filipinos under the Guest Worker Program with H2B visas were exploited and
were fortunately rescued by the Florida Coalition Against Human Trafficking (FCAHT) and the Philippine Consulate in
Florida, but the prosecution was for visa fraud rather than for human trafficking. The victims claimed that they did not
receive much help from the Philippine government.

Unlike Republic Act 9775, the law against child pornography, RA 9208 does not contain an express provision
declaring human trafficking as a transnational crime. It does not also provide for extraterritorial application, unlike Article
2 of the Revised Penal Code. As modern-day "slavery" which is likely to evolve into a crime against humanity, human
trafficking could be a. jus cogens crime.

The perception of this author is that RA 9208 would afford more protection to its citizens if it were to apply
extraterritorially. The strongest argument in favor of this is that roughly ten percent (10%) Bf Filipinos live and/or work
abroad, and many Overseas Filipino Workers (OFW's) have been trafficked abroad.

In a case in Wan Chai, Hong Kong,27 two (2) Filipinos were convicted for human trafficking and penalized for a
maximum jail term of three (3) years. Seven (7) others who were arrested were deported back to the Philippines. Even if
these seven (7) others were less guilty than the two (2), there is a possibility that they would nerve a higher penalty than
those who were convicted in the Hong Kong court if they are charged under Philippine law.

One very controversial case28 which would have sprung ii jurisdictional impasse, the veracity of which had not
been determined', is one involving Filipinos who were allegedly deceived II ml kidnapped from Kuwait to the green zone
in Iraq allegedly by II government contractor who was working on a construction of an embassy building, and which
triggered a Congressional Hearing at I he Capitol Hill where a certain Rory Mayberry testified. Mayberry's claims were,
however, later disputed. Had this case developed, this would have definitely been a diplomatic nightmare as the
Philippines has no diplomatic relations with Iraq and deployment of Filipino workers to that country is prohibited. On the
other hand, the embassy building in Iraq is within US jurisdiction. The likelihood is that the victims would be deported
back to the Philippines. In this event, an extraterritorial RA 9208 would likely address the situation.

The Philippines was in Tier 2 Watch List for a couple of years before it was elevated to the Tier 2 Status. It must
be noted that this ranking is not a United Nations ranking but rather is based on the Trafficking Victims Protection Act
(TVPA), a United States federal law. Under this law, states are monitored and ranked based on their efforts at curbing
human trafficking.

In line with its commitment to promote a world free from human trafficking, the United States grants financial
assistance to States that make conscientious efforts to eradicate or minimize, human trafficking. Colombia, which does not
have a dedicated unit for domestic trafficking cases29 unlike the Philippines, but whose transnational efforts are
maintained, is in Tier 1. This means! that Colombia has complied with the minimum standards. Also, Colombia's
definition of trafficking does not include the element of force, fraud, or coercion, 30 whereas the Philippine definition is
more treaty-compliant.

d. Right against torture

Article 5 of UDHR and Article 7 of ICCPR state that, "No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment." Pursuant to these articles, the Convention Against Torture, Cruel, Inhuman and
Degrading Punishment] (CAT) was subsequently adopted.

Torture means "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an
act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does
not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

Aside from torture, acts constituting cruel, inhuman or degrading treatment or punishment are also prohibited.
There are acts which do not fall under the definition of torture and may not even involve any physical pain or suffering,
but are outrageously inhuman or insulting. For instance, the act of a lady soldier named Lyndie England in making Iraqi
prisoners in Abu Ghraib undress and tying them with a leash like dogs31 may not fall under the term "torture," but these
acts are degrading, inhuman, and a supreme insult to male Muslims.

The right against torture is non-derogable. States cannot delegate from it even in times of war or emergency. No
torture is justified, and States may not enter into treaties providing otherwise, as the right against torture is also considered
jus cogens.

Section 12(2) of the Philippine Constitution prohibits the use of torture upon any person under investigation for
the commission of an offense. In compliance with Article 4 of the Convention requiring states to "ensure that all acts of
torture are offences under its criminal law," the Philippines passed Republic Act 9745, otherwise known as the "Anti-
Torture Act of 2009."

e. Right to equal protection

Article 7 of UDHR provides equal protection of the law without any discrimination. This is mirrored in Article 26 of
ICCPR, which further provides that "the law shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status."

Equal protection does not mean that each and every person shall be treated in the same manner at all times, regardless
of differences of class and circumstance. Reasonable classification is allowed. For example, in criminal law, minors are
either exempt from criminal liability or only incur mitigated liability when acting with discernment, as the minority
diminishes the knowledge and voluntariness of the offender in the execution of a crime. Women are also accorded more
relief under statutes on domestic violence by reason of age-old societal and cultural prejudices. In labor law, bias in Favor
of labor in the interpretation of laws, rules and evidence is permitted.

The Philippine Supreme Court laid down the following requisites for reasonable classification:

1. It must be based on substantial distinctions which make real differences;

2. It must be germane to the purpose of the law;
3. It must not be limited to existing conditions only;
4. It must apply equally to each member of the class.32

f. Right to effective judicial remedy

Article 8 of UDHR provides that, "Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law." Article 2, No. 3 of ICCPR exhorts
States Parties to the Covenant to:
a. "ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective rem -
edy....";
b. "ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other competent authority provided for by the legal system of
the State"; and
c. "ensure that the competent authorities shall enforce such remedies when granted."

Both articles do not just require States to have in place a "judicial remedy," but also emphasize that it must be
"effective." And a judicial remedy is not necessarily effective just because the rules sound highfalutin or the remedy is
dispensed by authorities with impressive credentials. More importantly it must be just, accessible, free from corruption
and influencebrokering, and speedy but with quality. Speed without quality is nothing but haste and shortcuts borne out of
laziness or insensitiveness.

A judicial remedy must be anchored on the principles of justice and due process. It must be free of bias and must
solely be based on the evidence presented. The proceeding must give equal opportunity for the parties to prove their
cause. The three (3) most dangerous enemies of fairness are corruption, ignorance, and arrogance. Each one is lethal by
itself, and a combination of the three (3) could result in a complete breakdown of the people's trust.

Access to justice

Section 11 of Article 3 of the Philippine Constitution provides that, "Free access to the courts and adequate legal
assistance shall not be denied to any person by reason of poverty."

The term "access to justice" is commonly understood as the availability of legal assistance to the poor. The
programs closely associated with access to justice are the legal aid programs and pro bono services rendered by lawyers,
NGOs, law firms and lawyer's associations.

In the Philippines, the creation of the Public Attorney's Office (PAO) and the establishment of the Department of
Justice Action (Center (DOJAC) are sterling examples of the government's effort to achieve a more accessible judicial
system. These institutions have been widely successful for having reached out to the poor litigants even in remote areas,
providing legal services to the common masses with their pool of talented, hardworking, oftentimes idealistic young
lawyers.

In its broad sense, access to justice does not only refer to government-paid legal assistance; it also includes
availability of information on where and how to get legal assistance, uncomplicated legal procedures and laws that
promote the faith in the judicial system. To be accessible, the process must be inexpensive, the information, offices and
courts must be within reach, and the procedure must be simple. The trend now is to make the language in pleadings and
motions simpler in order that the litigants understand and be informed of their case. In many courts in the National Capital
Region, Tagalog is extensively used during hearings.

Access to justice is not always that easy in the real world. There are still laws and rules that are out of touch with
reality, or unmindful of geography that the country is composed of more than even thousand islands, not just a few cities.
For example, Article 125 of the Revised Penal Code requiring the filing of criminal cases in court within a specified
number of hours may be impossible in places where there are no courts or prosecutors' offices in the place of commission
of the crime. In islets where availability of transportation is dependent on the weather, it is either the arresting policemen
will run the risk of being sued by the prisoner for violation of Article 125, or sued by the victim for not detaining the
suspect.

The problem is compounded by the fact that crime laboratories, medical professionals and other offices that need
to issue certifications before a case can be filed in court or prosecutors' offices are either far from where some courts are
located or do not have enough personnel to attend to litigants. The repeal (in 2005) of the rule on the preliminary
examination by the nearest Municipal Trial Court judge for the purpose of issuance of the warrant of arrest before the
Information can be filed with the proper court has the effect of further alienating the victims of crimes from access to
swift judicial recourse.

As a result, in many instances, law enforcers would not implement an arrest under Rule 113, Section 5 of the
Rules of Court if there is a lot of paperwork to be done. Chances are, they would prefer to file the charges under the
regular preliminary investigation where the respondent does not have to be arrested immediately. This way, they can bide
time to gather all the documentary evidence and certifications needed for the filing of the case, ensuring a better chance at
conviction. The downside is that the suspect would remain at large and a security risk. Still, this is probably better than a
frustrated litigant deciding to take the law into his hands and resorting to vigilante justice. In fact, in some parts of the
country, difficulty in accessing meaningful justice could be one of the factors for a decayed peace and order situation and
a seeming culture of violence.

When access to justice is difficult to obtain, persons aggrieved by crimes may lose their faith in the justice system.
When a law or rule is not realistic, victims may not think that there is protection that can be expected under that law. The
law or rule would be seen as a barrier rather than a tool for obtaining justice. Law enforcers may not be encouraged to
catch criminals, or may resort to shortcuts. This erosion of faith in the justice system could result in the breakdown of the
Rule of Law.

Judicial writs

In the Philippines, there are remedies and writs that may be availed of by human rights victims. Among them are:

1. Writ of Habeas Corpus — A writ issued by a judge directed to the person detaining another, commanding him to
produce the body of a prisoner at a designated time and place.

Section 1, Rule 102 of The Rules of Court of the Philippines provides for the scope of its application, thus:
"Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal
confinement or illegal detention by which any person is deprived of his liberty, or by which the rightful custody of any
person is withheld from the person entitled thereto."

Perhaps to avoid the repetition of a mistake committed in the not-so-distant past, the Philippine Constitution, in
Section 15, Article III, provides that, "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." The privilege of the writ cannot be suspended on the
ground of an "imminent danger" of invasion, insurrection, or rebellion.

2. Writ of Amparo

The Supreme Court en banc issued Administrative Matter No. 07-9-12-SC entitled, "The Rule On The Writ
Of Amparo," which took effect on October 24, 2007.

"The petition for a writ of amparo 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. The writ shall cover extralegal killings and enforced disappearances or threats thereof."

3. Writ of Habeas Data

"The Rule on The Writ of Habeas Data"33 took effect on February 2, 2008.

"The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party."

The right of the people to privacy and security in their persons, houses, papers and effects is guaranteed under
Section 2, Article III of the Philippine Constitution. No unreasonable searches and seizures shall be made, but the courts
may order a search if legally warranted.
 Law enforcers may validly secure a search warrant from a judge by strictly observing the provisions of Rule 126
of I the Revised Rules of Court in order to conduct searches and seizures.

In case of an unlawful search or threat against the privacy of a person, among the remedies available to the
aggrieved party are:

a. The writ of habeas data, which can be availed of even if the violator is a private person or entity;
b. Criminal prosecution for Violation of Domicile or trespass;
c. Indemnity arising from civil action; and
d. Administrative sanctions to the offender.

In addition, the articles seized by reason of the unlawful search by public officials shall be inadmissible in
evidence.

g. Right to be presumed innocent

Article 11 of UDHR provides that, "Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense."
Article 14 of ICCPR also contains a similar provision, and adds the enumeration of rights of an accused:
1. To be informed of the nature and cause of the charges;
2. To be given time and facilities to prepare his defense and to communicate with counsel of his own choosing;
3. To be tried without delay;
4. To be tried in his presence, and defend himself in person or through his counsel;
5. To examine the witness against him and obtain the witnesses on his behalf;
6. To have free assistance of an interpreter; and
7. Not to be compelled to be a witness against himself.

This provision is similar to the guarantees under the Bill of Rights in the Philippine

Constitution on presumption of innocence and procedural due process.34

Article 14, No. 2 of the Philippine Constitution states that, "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." Although these rights are substantive
and not merely procedural in nature, the Supreme Court reiterated them in Rule 115 of the Rules on Criminal Procedure,
to wit:

a. To be presumed innocent until the contrary is proved beyond reasonable doubt.

b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promul-
gation of the judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set
forth in his bail, unless his presence is specifically ordered by the court for purposes of identification. The ab -
sence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of
his right to be present thereat. When an accused under custody escapes, he shall be deemed to have waived his
right to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may
be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his
rights without the assistance of counsel.
d. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examina -
tion. His silence shall not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
 f. (To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evi -
dence the testimony of a witness who is deceased, out of or cannot with due diligence be found in the Philippines,
unavailable, or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involv-
ing the same parties and subject matter, the adverse party having the opportunity to cross-examine him.
g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his
behalf.
h. To have speedy, impartial and public trial.
i. To appeal in all cases allowed and in the manner prescribed by law."

It must be emphasized that these are rights of persons accused for crimes that are already filed in court. Persons
arrested for offenses but without cases filed against them in court, and respondents to criminal complaints lodged before
prosecutors' offices, cannot yet claim the same rights.

Arrested suspects are entitled to the Miranda warning and the protection under Republic Act 7438, while those
undergoing Preliminary Investigation are entitled to their rights under Rule 112 of the Rules of Court. Thus, a respondent
may not insist on the right to remain silent during preliminary investigation when he is subpoenaed to submit his counter-
affidavit, as that would be prejudicial to him. His failure to submit evidence in his favor would be construed as a waiver to
present his evidence. In preliminary investigations, it is sufficient that the respondent is afforded the opportunity to submit
his evidence. The investigation may proceed without such evidence, and without a clarificatory hearing having been
conducted first. As a matter of fact, in crimes with penalties of four (4) years and two (2) months of imprisonment or less,
the charges may be filed directly in court without giving the respondent any opportunity at all to refute the charges.

A person charged for the commission of a crime shall retain his civil, political and other human rights. He is entitled
to vote and be voted for, as in the case of a few public officials. His freedom of movement may however be curtailed,
such as when he is not granted bail and has to be ordered detained to ensure that he faces trial, or when a Hold Departure
Order (HDO) is issued against him. These Orders are not penal sanctions, but are measures imposed in order not to
frustrate the ends of justice.

Apropos the right to be presumed innocent, Article 10 of ICCPR provides that a prisoner who is not yet convicted
(where no bail is recommended for the crime charged or if there be any, that he was not able to post one) "shall, save in
exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate
to their status as unconvicted persons."

h. Right against ex post facto law and bill of attainder

The second paragraph of Article 11 of UDHR provides that, "No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal
offence was committed." Article 15 of ICCPR contains a similar provision.

The Latin maxim, "Nullum crimen, nulla poena sine praevia lege poenali" (No crime, no punishment without a
previous penal law) encapsulates this provision, which treats of a law:

1. That holds a person liable for an act or omission that was not punished at the time of commission;
2. That imposes a penalty heavier than the one that was j applicable at the time of commission.

Section 22, Article III of the Philippine Constitution provides that, 'Wo ex post facto law or bill of attainder shall be
enacted."
 i. Right to privacy

Article 12 of UDHR provides that, "No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks." This is almost identical with Article 17 of the International Convention on Civil and
Political Rights (ICCPR).

The Philippine Constitution provides in Article III that:

"Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be ; inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and
the persons or things to be seized.

Section 3. 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.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any
proceeding."

The Anti-Wiretapping Law of the Philippines disallows evidence gathered from violation of privacy and punishes
the offender. The Secrecy of Bank Deposits Law also protects undue intrusion into the bank information of a person.
However, the Anti-Money Laundering Act (AMLA) allows the inquiry into the financial information of a person when
there is an allegation of the commission of "predicate offenses." In the case of the public official, the Code of Conduct
requires that he divulge his financial information in his Statement of Assets and Liabilities (SALN).

In August 2012, the Philippines passed the Privacy Data Protection Act, in order to penalize those who pass
confidential information of persons gathered in the course of their transactions. A couple of months later, the Cybercrime
bill was passed into law, albeit with opposition so determined that almost immediately after its signing into law,
government websites were hacked. The Supreme Court promptly issued a restraining order while the case questioning the
law's constitutionality was pending.

j. Freedom of movement

Article 13 of the Universal Declaration of Human Rights (UDHR) provides for the "right to freedom of movement and
residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return
to his country." A similar provision is found in Article 12 of ICCPR.

The freedoms of movement, abode and travel are guaranteed under the Philippine Bill of Rights, but this guarantee
allows of exceptions: these freedoms may be curtailed or restricted upon lawful order of the court, or in the interest of
national security, public safety or public health.

Section 6, Article III of the Philippine Constitution provides that, "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."
 In the case of Marcos, et al. vs. Manglapus, et al.,36 which the Supreme Court called "unique" and "should not
create a precedent, for the case of a dictator forced out of office and into exile after causing twenty years of political,
economic and social havoc in the country and who within the short space of three years seeks to return, is a class by
itself," the Supreme Court ruled that then President Corazon Aquino acted well within her powers when she refused the
petitioners' return to the country.

k. Right to seek asylum

Article 14 of UDHR states that, "Everyone has the right to seek and enjoy in other countries asylum from
persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from
acts contrary to the purposes and principles of the United Nations."

The terms unon-refoulement," "extradition," and "deportation" are used when referring to the sending of a person to a
country, which could be his own or not. Briefly, their distinctions are:

a) Non-refoulement for political offenders and refugees:

For political offenses, asylum may validly be sought in other countries by persons facing political persecutions in
their own country, or by refugees. The State having the obligation to grant the asylum cannot return ("refouler") the
asylum-seeker to his State of origin where I he is in peril of persecution, rejection, torture, or cruel I treatment. 37

In Quebec, Canada, persecuted homosexuals have been! granted asylum even if, strictly speaking, the persecution! is not
by reason of any political ideologies or offenses. A new term has also emerged by reason of environmental] threats to
States and peoples, i.e., the “environmental refugees.”

c) Extradition for criminal offenses:

For criminal offenses, an accused can validly bej returned to the State having criminal jurisdiction over the case,
through extradition, for criminal prosecution or sentencing. This may be the subject of an agreement or treaty between the
States involved. However, extradition cannot be validly exercised when it is a means to refoule refugees or persons
accused of political offenses.

d) Deportation for immigration offenses:

For immigration offenses, an offender may be validly returned to his State of origin if he is not authorized to be in the
receiving country under its immigration laws.

But if the deportation will result in a refoulement whereby a person will be returned to a State where he faces persecution
or torture, such deportation would violate International Human Rights Law.

l. Right to a nationality

Article 15 UDHR declares that, "Everyone has a right to a nationality."

AS much as possible, the status of statelessness must be avoided from happening. Essentially, Article 15 would
involve two (2) things: the acquisition and the change of nationality.

Citizenship may be acquired through any of the following modes:

 a. Jus sanguinis (by blood) — The child acquires the citizenship of his parents, regardless of the place of birth (the
mode of acquisition in the Philippines);
b. Jus soli (by place) — The child is a citizen of the place where he was born (mode of acquisition in the US);
c. Naturalization- a foreigner is granted citizen by another country through a legal act. In the Philippines such legal
act could be a decree by a tribunal or quasi- judicial tribunal. Under exceptional circumstances, citizenship could
be granted by law or by presidential proclamation.

A child of a Filipino citizen is considered a Filipino regardless of his place of birth. Under Article 4, Section 1 of the
Philippine Constitution, it is not necessary that both parents be Filipinos; what is required is that one of them be Filipino.
Consequently, a child of a Filipino parent will always have a nationality, unless he repudiates it by a legal act. On the
other hand, a child of American citizens who is born in the Philippines will have a citizenship problem once he reaches
the age of majority. During his minority, he is deemed to have the same citizenship as his parents.

The right to change a nationality is not absolute: it is subject to the requirements and limitations of the requested
State.

“Stateless children” in Sabah, Malaysia

Reports have it that there are many children of Filipino parents who roam the streets of Sabah, Malaysia without
any apparent nationality documents or birth registration. Some of them were born j in Malaysia of Filipino parents who
have died or had been deported 1 or otherwise returned to the Philippines and left them abroad.

While they are legally citizens of the Philippines under the Philippine Constitution, their lack of documents makes it a
challenge to determine their citizenship. Since Malaysia does not adopt thejus soli principle, they could not be considered
Malaysian citizens either. These circumstances give them the appearance of "statelessness," which in turn results in their
not being able to get the protection and benefits from either country. These children are unable to go to public schools or
avail of public health care.

m. Right to marry and found a family

Article 16 of UDHR declares that "men and women of full age . . . have the right to marry and to found a family.
. . ." It further states that, "Marriage shall be entered into only with the free and full consent of the intending spouses."
Article 23 of ICCPR contain a similar provision, and further recognizes the family as "the natural and fundamental group
unit of society and is entitled to protection by society and the State." Article 10 of ICESCR reiterates the declaration and
provides for special protection for mothers and children.

The Philippine Constitution has an entire article (with four [4] sections) on the family. Section 1 thereof provides
that the State recognizes the Filipino family as the foundation of the nation. Section 2 of Article XV provides that,
"Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State."

Marriage is not an ordinary contract between parties. It is a nodal institution which enjoys the protection of the
State and whence legal rights and obligations spring. Any doubt on the marriage should be resolved in favor of its
validity.38

The internationally accepted age of marriage is 18 years old. In the Philippines, the Family Code requires that
both parties be at least 18 years old to be able to legally contract marriage. However, in places where the Shari'ah Law
applies, the age is lower.
 While the right to found a family is guaranteed, there is still the controversial issue as to the extent that married
couples adopt methods to effectively plan the size of their family. Some groups are espousing the belief that human rights
apply only to children already born, while the Holy See believes that human rights apply even to the unborn.
The 1987 Philippine Constitution provides that the life of the unborn must also be protected.

There is also the issue of marriage between the same Hexes, and of adoption by same-sex couples. A few
countries in Europe have legalized same-sex marriages, such as Spain, Sweden, Belgium, Iceland, Netherlands, Norway,
Portugal, and Denmark. There are countries that do not have laws allowing such marriage but which recognize property
rights of couples in same-sex relationships. A great majority of the States still refuses to bring this issue to the table.

n. Right to property

Article 17 of UDHR declares that, "Everyone has the right to own property alone as well as in association with
others. No one shall be arbitrarily deprived of his property." One of the features of a democratic society is the right to
ownership of property, including real property. This is not particularly true under certain forms of government, where real
property are owned by the State, or owned by the ruling class.

In the Philippine Constitution, Section 9 of Article 3 states that, "Private property shall not be taken for public use
without just compensation." While private ownership is recognized and protected, privately-owned property may be taken
for public use under the State's power on Eminent Domain, or even destroyed under the State's exercise of Police Power,
in order to protect public health, safety, order, and morals.

o. Freedom of thought, conscience and religion

Article 18 of UDHR states that, "Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom either alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice, worship and observance." A similar provision is found in
Article 18 of ICCPR.

Ideally, a person's thoughts and beliefs are outside the sphere of State regulation. A person may believe in a divine
being, may have a religion, may change a religion, or may not have a religion at all. Whatever it is that he believes or does
not believe in, is not for the State to influence, interfere, or manipulate. Section 6, Article II of the Philippine Constitution
states that, "The separation of Church and State shall be inviolable."

When the Philippines was ruled by Spain, the Gelasian Doctrine on the joint rule by Church and State was observed
in most parts of the country. The Roman Catholic Church was involved in running the affairs of government, and in many
aspects it had control on the lives of the people. To this day, many Filipinos still revere the Church's commands and make
decisions based on the Church's teachings. Even in the enactment of laws, lawmakers still take into consideration the
opinions of the Roman Catholic Church.

There are still many states that have official religions, one of which is Iran. The Constitution of Iran specifies its
religion, and its domestic laws are based on Shari'ah Law. There are also other states which, although they have dominant
religions, they maintained a secular government, the examples being Turkey and the Philippines, where Islam and
Catholic, respectively, are the dominant religions.
 The right to thought, conscience, and religion which is guaranteed by Human Rights Law refers to the internal
intellectual process. The guarantee does not extend to external manifestations in the exercise of a religion or belief, which
could be regulated by the State. The Free Exercise Clause contained in the Philippine Constitution should not be regarded
as a license to go against criminla laws, public morals or public policy. For example, the use of a dangerous drug or
violence, even if intended for worship purposes, is still a crime.

p. Freedom to practice or manifest religious beliefs

Can the sale of bibles and religious leaflets be taxed? In the case of American Bible Society vs. City of Manila,39 the
Philippine Supreme Court ruled that requiring a Mayor's permit as a pre- requisite for the sale of bibles amounts to
"religious censorship and restrained the free exercise and enjoyment of religious profession." The ruling should not be
taken to mean, however, that "religious groups are free from the financial burdens of government." The Supreme Court
had the occasion to make distinctions in the case of Tolentino vs. Secretary of Finance.40 Citing the American Bible case,
is ruled that:

a. Sales tax may be imposed for the sale of religious materials;

b. License fees/Mayor's permits for the sale of religious materials cannot be imposed on religious organizations be-
cause it is tantamount to imposing a condition for the exercise of the organization's right;
c. Registration fees (on EVAT) may be validly collected because they are not imposed for the exercise of a privilege
but only for the purpose of defraying part of the cost of registration.

The case of Sahin vs. Turkey, No. 44774/98, EC+HR, November 10, 2005

In the Philippines where the government is more tolerant on the exercise of religious beliefs of citizens, where even
religious activities (such as the Sinulog, Holy Week, culmination of Ramadan) are given government support and
recognized as legal holidays, we may find it interesting to learn about how human rights cases on the exercise of religious
beliefs are decided in other countries. A case in point is the case of Sahin vs. Turkey, a country which is a member of the
European Union (although geographically part of Turkey is in Asia), and which is predominantly Muslim. The European
Court is viewed as the most developed human rights court in the planet, but their decision on this case (almost unanimous)
may surprise us a bit.

Ms. Leyla Sahin was a Muslim student of Medicine in Istanbul University, a governmentowned university. She wears
a headscarf as a manifestation of her religious belief, a practice which was allowed by her school for many years. When
she was already on her 5th year, the university passed a circular that students wearing headscarves or beards would be
refused admission to lectures and courses. Refusing to give up her scarf, Ms. Sahin was not allowed to take her exams,
and later on was suspended for joining a group of students contesting the circular, and was refused to enroll on a course.

She decided to go abroad in order to finish her studies in Vienna. She brought a case before the European Court on
Human Rights, basically arguing her right to freedom in the exercise of religious beliefs, and her right to education which
cannot be discriminated by reason of religious beliefs.

The Court decided against her, and made a reference to the ruling of the Constitutional Court of Turkey that, "freedom
of dress in institutions of higher education was not absolute. The Constitutional Court had held that authorising students
to 'cover the neck and hair with a veil or headscarf for reasons of religious conviction' in the universities was contrary to
the Constitution. That decision of the Constitutional Court, which was both binding and accessible, as it had been
published in the Official Gazette of 31 July 1991, supplemented the letter of transitional section 17 and followed the
Constitutional Court's previous caselaw. In addition, the Supreme Administrative Court had by then consistently held for
a number of years that wearing the Islamic headscarf at university was not compatible with the fundamental principles of
the Republic. Furthermore, regulations on wearing the Islamic headscarf had existed at Istanbul University since 1994 at
the latest, well before the applicant enrolled there."

The Court held that the ban on the wearing of religious symbols in universities was based on secularism, separation of
Church and State, pluralism and respect for the rights of others. "The Constitutional Court added that freedom to manifest
one's religion could be restricted in order to defend those values and principles."

The bottom line reasoning of the ruling in this case was respect. But this reasoning raises more questions than
answers. Was it disrespectful and offensive to wear a particular dress which was not otherwise obscene, in order to
manifest faith? Has the government the right to ban a person's wardrobe which is not otherwise morally Offensive just
because such dress happens to be worn by members of a particular religion? Was this a valid exercise of Police Power by
the government? Or was the wearing of the veil a valid exercise of the right to express a belief?

It seems that the rulings of the Philippine Supreme Court in cases of a similar texture reveal an attitude of greater
acceptance of or tolerance towards religious practices. Recent government declarations of holidays show that the
government has started recognizing the practices of religions other than Roman Catholic. In the Philippines, Christians,
Muslims and the Chinese celebrate each other's religious or traditional holidays together.

This culture of religious acceptance shows a maturity of Filipinos towards religious diversity, a culture that is lacking
in many countries, even those which are touted to be more "advanced," where violence sometimes erupt due to religious
conflicts. Here, we even see Muslim students wearing veils enrolled in Catholic universities, something which would be
unthinkable in other countries.

The enactment of a Shari'ah Law which is applicable to Muslims in Muslim areas and the establishment of Shari'ah
Courts also show the government's respect to the religious traditions of

Muslims. There are questions raised by rights advocates, however on the different standards that the Philippines is setting,
say for instance, on the marrying age of girls, with these different civil laws, as they may run counter to our treaty
commitments, such as the provisions of the Convention on the Rights of the Child.

q. Freedom of expression

Article 19 of the Universal Declaration of Human Rights as well as Article 19 of the International Convention on
Civil and Political Rights (ICCPR) guarantee the freedom of opinion and expression. ICCPR states, however, that the
right may be subject to restrictions as shall be provided by law and are necessary for the respect of the rights or
reputations of others, or for the protection of national security or of public order, public health, or morals.

Freedom of expression is a fundamental right in every democracy. However, it is oftentimes abused. It is often lost to
some people that the right, though fundamental, is not absolute. It is subject to restrictions provided by law. The
restrictions may differ from State to State: different states have different degrees of tolerance and may thus have different
interpretations of how much freedom is within legal limits. Usually, traditional and religious backgrounds and political
climate are factors that determine the degree of tolerance of a state.

Hence, libel laws may validly be passed to regulate this freedom. In the case of Chaplinsky vs. State of New
Hampshire,41 the Court said that certain categories of speech fall outside the bounds of constitutional protection, such as
the lewd and the obscene, the profane, the libelous, and insulting or fighting words.
 In the Philippines, Inciting to Rebellion and Inciting to Sedition are crimes punished under the Revised Penal Code. In
determining whether an utterance could be considered criminal, the "Dangerous Tendency Rule" may be applied. The
application of this test can be tricky, and sometimes can be "weather-weather lang."42 That time was when the leadership
was so paranoid with criticisms that even purely legitimate and constructive comments were regarded as

"subversive," "communist" and "criminal."

The issue of morals is another tricky one. While considered sufficiently educated compared to others in some parts of the
world, we cannot be described as very "liberated" as a people. In many aspects we are conservative, and this could be due
to the deep influence of religion, wherein morality is often equated with religiosity. In one incident, when an artist
displayed an artwork featuring a religious icon with a male genitalia, which according to him was an expression of his art,
the piece was assailed for being immoral and the controversy sparked so much outrage. The outrage itself drew criticisms
because allegedly, that same outrage was not displayed in other scandals, such as the many instances of sexual abuses by
religious people and violent rituals committed as religious or cult practice. Critics deem these more immoral compared to
the images of a part of a person's anatomy being placed where it should not be. It seems that the society's gauge of
morality has something to do with religious tolerance or intolerance.

Sometime in September 2010, a secularist dressed up in "Jose Rizal" costume expressed his disgust at religious
meddling with government affairs. There was nothing libelous about his principal message per se except that he resorted
to name-calling to address his subjects. He claims "freedom of expression." The Revised Penal Code, however, contains
provisions against the interruption of religious ceremony and Article 133 penalizes acts that offend religious feelings.
Aside from libel, there are also laws penalizing oral defamation, inciting to rebellion and sedition, and the unlawful use of
media.

The recent passage of the Cybercrime law sent jitters to bloggers who fear that the provision on e-libel might be
used to stunt freedom of expression. While there is no debate that freedom of expression is a fundamental right that is not
absolute and may be regulated, among the issues raised against the constitutionality of the Cybercrime Law was the fact
that a single act may be punished twice (under the Revised Penal Code on Libel as well as under the Cybercrime Law),
and that the Cybercrime law carries with it a higher penalty than the provision in the Revised Penal Code.

However, we may draw some answers to these questions by looking at the Firearms Law. It must be remembered
that until the famous Ladjaalam and Agote rulings, the single act of carrying an unlicensed firearm during election period
was prosecuted both under the Firearms Law and the COMELEC gun ban. The Supreme Court ruling in People vs.
Doriquez43 on what is and what is not Double Jeopardy remains to this day a good ruling. Further, the difference in the
severity of the penalty for high caliber and low caliber firearm was never declared unconstitutional.

r. Freedom of assembly and association

Article 20 of UDHR states that, "Everyone has the right to freedom of peaceful assembly and association. No one may
be compelled to belong to an association." Article 21 and 22 of ICCPR reiterate these rights.

The Philippine Constitution likewise makes these guarantees. Section 4, Article HI states that, "No law shall be
passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances." Section 8 of the same article provides that, "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."
If the objective of the association is to commit a crime or do something which is repulsive to public morals, the leaders
and members of the association may be punished under the law.44 And even if the participants in an assembly do not
belong to an association, they could be punished for Illegal Assembly under the Revised Penal Code if the elements
thereof are all present, provided there be an actual meeting.
 s. Right to take part in government
Article 21 of UDHR declares that, "Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives . . . ."Article 25 of ICCPR further guarantees that every citizen shall have the right
and opportunity "to vote and be elected at genuine periodic elections which shall be by universal and equal suffrage and
shall be held by secret ballot, guaranteeing the free expression of the will of the electors."

The essence of a truly democratic and republican government is that authority resides in the people and all
government authority emannates from them.46 This authority is exercised through the right to suffrage, which includes the
right to vote and be voted for office, the right to be consulted on certain issues in a referendum or plebiscite, and the right
to remove or recall a public official from office.

Article 25 of ICCPR emphasizes that elections shall be genuine and periodic, and suffrage be equal and universal. By
"genuine" is meant that the elections must be free, honest, intelligent, and truly reflective of the people's will; by "equal
and universal" is meant that all votes must carry the same weight regardless of the voter's sex, religion, or status in life.

The right to suffrage is not an absolute right, it is subject to restrictions. To qualify as a voter, the requirements of age,
citizenship, and residence must be met. To be eligible to run for public office in the Philippines, one must comply with the
literacy requirement, in addition to being a qualified voter, and not possessing the disqualifications under the law.

A Filipino citizen who is at least 18 years old can vote. This age requirement need not be present at the time of
registration as a voter, but must be present on the day of the elections that the voter proposes to vote. The age requirement
varies for candidates to public office.

The residence requirement to qualify one to become a voter does not simply mean physical presence. In the cases of
Romualdez-Marcos vs. COMELEC and Aquino vs. COMELEC, the Supreme Court interpreted the term "residence" for
election purposes to mean "domicile." Thus, Romualdez-Marcos was deemed qualified to run for Congress even if she
was not physically present during the required number of years (i.e., one [1] year for Congressional candidates) as Leyte
was considered her domicile of origin, to which she intended to return even if physically absent in the meantime.

It was not until 1933 that the women in the Philippines were allowed to vote, with the enactment of Act 4112,
otherwise known as Women Suffrage Act. Since then, the Philippines has had exemplary women in public service. It is
one of the few countries in the world that had two (2) lady presidents, a lady chief justice, a lady international judge, and
several lady senators who are definitely not push-overs in the Senate.

t. Right to social security

Article 22 of the UDHR declares that everyone has the right to social security. Social security is aimed at ensuring
that every member of society has access to resources by which he can maintain his human dignity and enjoy his economic,
social and cultural rights, including his right to an adequate standard of living.

General Comment No. 19 of the UN Committee on Economic, Social and Cultural Rights (CESCR) states that social
security measures should cover the following: a) health care, b) sickness, c) old age, d) unemployment, e) employment
injury, f) family and child support, g) maternity, h) disability, and i) orphans and survivors.

Article 9 of the ICE SCR recognizes that the right to social security includes social insurance.
The insurance-based scheme is one where the contributions are paid for the enjoyment of benefits.
The contribution may be paid by the beneficiary, by his employer, or by government. In the Philippines, social insurance
for privately employed workers is provided by the Social Security System (SSS) and the payment of the contribution is
shared by the employee and the employer.

For employees of government agencies, social insurance is usually administered by the Government Social Insurance
System (GSIS), although other systems are used in some agencies, like the Department of Justice and the judiciary.

States may also adopt non-contributory social security schemes. This scheme may target only specific classes, or may
be a temporary measure. In the Philippines, government agencies such as the Department of Social Welfare and
Development (DSWD) or the local government unit (LGU) usually provide assistance to victims of calamities, in the form
of cash, shelter or housing materials. The Pantawid Pamilyang Filipino Program (4 P's) is a social assistance and social
development strategy aimed at poverty reduction in compliance with the Millennium Development Goals of the United

Nations. The Senior Citizen's Act granting discounts at restaurants, groceries and drugstores to persons sixty years old or
over is another Schememe, specifically designed for senior citizens.

u. Right to work

Article 23 of UDHR declares that, "Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the
right to equal pay for equal work..." The right to work and to the enjoyment of just and favorable conditions of work are
also recognized under Articles 6 and 7 of ICESCR.

Labor is a primary social economic force, and the State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of employment opportunities for all." 49

v. Right to rest and leisure

Article 24 of UDHR declares that, "Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay." This labor right protects the individual from the harmful long-term effects
of long working hours on his physical and psychological condition.

The internationally-accepted daily working hours is eight (8) hours. The International Labor Organization (ILO) has
been pushing for international labor standards. Still, slave-like conditions are present in both industrialized and non-
industrialized countries.

In the Philippines, workers are entitled to lunch breaks and short coffee breaks. Maternity and even paternity leaves
are granted, with pay. The Labor Code of the Philippines grants premium pay for work done at night or during holidays.

w. Right to adequate standard of living

Article 25 of UDHR declares that, "Everyone has the right to a standard of living adequate for the health and well-
being of himself and his family, including food, clothing, housing and medical care and necessary social services. . . ."
Article 11 of ICESCR recognizes the right to adequate standard of living and the right of everyone to be free from hunger.
The said article exhorts member States to take measures to improve food production and distribution.
 The rights to food, housing, and medical are the three (3) most basic rights of human beings. The term "adequate"
shall be understood to mean the minimum requirement for subsistence. However, even the minimum requirement may not
be met in certain jurisdictions. Usually, compliance depends on the state's economic capability.

As "positive rights," the responsibility of the State is to do something to ensure that these rights are not denied to the
citizens. This does not mean that the State must give away houses and food indiscriminately, because that could produce
disastrous effects, aside from not being feasible or affordable. Rather, it means that the State must establish programs and
infrastructures to spur activities and opportunities for its citizens. The principles of Social Justice have often been applied
to this right, wherein states are urged to provide ways and means that ensure access to food, housing, health care, and
clothing regardless of wealth or status in life.

x. Right to education

Article 26 of the UDHR and Article 13 of the ICESCR recognize the right of everyone to education. In these human
rights instruments, it is stated that:

a. Elementary education shall be free and compulsory;

b. Secondary education in its different forms, including technical and vocational, shall be made generally available
and accessible;
c. Higher education shall likewise be accessible on the basis of capacity.
One of the targets in the United Nations Millennium Development Goals (MDG) is to "ensure that, by 2015, children
everywhere, boys and girls alike, will be able to complete a full course of primary schooling."

The Philippines has long complied with the MDG on free elementary education. In most barangays in the country,
there is also free secondary education. On February 27, 2012, Republic Act 10157 was passed, providing for the
implementation of the free universal kindergarten program for all public schools.

y. Right to enjoy economic, social and cultural life

Article 27 of UDHR and Articles 3 and 15 of ICESCR recognize the right of everyone to enjoy their economic, social
and cultural rights. Article 27 of ICCPR guarantees the right of ethnic, religious or linguistic minorities "to enjoy their
own culture, to profess and practice their own religion, or to use their own language."

In the Philippines, the government promotes and encourages the enjoyment and preservation of cultural heritage and
traditions. Many cultural and religious activities have become recognized as holidays and have become tourist attractions
themselves, such as the Sinulog, Ati-atihan, Pintados and Dinagyang of the Visayas. In some places with Igorot heritage,
the dances, artwork, agriculture, and tradition continuously amaze tourists and are preserved and passed on to the younger
generation through education by incorporating them in the curricula.

There are certain instances when religious practices may clash with other human rights principles. A classic example
is the age of marriage, which under International Human Rights Law must be at least 18 years, regarded as "full age" or
"age of maturity." Some religious laws and traditions in many countries, including the Philippines, may allow marriage
during what is regarded as "age of Childhood" by international law.
 z. Right of self-determination

In both the ICCPR and ICESCR, Article 1 states that, "All peoples have the right of selfdetermination. By virtue of
that right they freely determine their political status and freely pursue their economic, social and cultural development."
As part of international law, both covenants emphasize the political right of "peoples" to determine their political status.
This right is reiterated in Article 1(2) of the United Nations Charter which states that one of the purposes of the UN is:
"To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of
peoples, and to take other appropriate measures to strengthen universal peace."

The word "peoples" has not been officially defined, but has been taken to mean a group of persons sharing the same
political, social, racial, and cultural backgrounds. Ethnic minorities, religious groups and tribes with a slightly different
form of art or dialect are not considered separate "peoples" under International Law, but are part of the larger group with
the common background.

There used to be a number of "peoples" who did not have their own sovereignty, owing mostly to invasions, colonizations
and war. Philippines, Indonesia, India and many others in South America, Africa and Europe were under the control of
governments other than their own. Filipinos shared a common culture and were "one people" before the Spaniards came.
They had a form of government, were long engaged in economic relations with other nations, had several forms of
religion, and had its own unique literature and alphabet before the Spanish conquest.

The right of self-determination gets problematic where the issue of territory is concerned. The conflict between
Israel and Palestine revolves around this issue. They are definitely separate peoples but they lay claim on the same
territory. The issue of the Inuit in Greenland who are asking for self-determination and independence from Denmark is
another matter because they, as a people, have their own territory. The issue of Taiwan and China is that Taiwan is
claiming sovereignty and is occupying a separate territory but they, as a people, are historically Chinese. The issue of the
Indian nations in the United States is similar to the issue of the Aboriginals in Australia, who historically owned the
territories where they are now considered "minorities." In the United States however, the Indians are given "territories" in
the form of reservations, and exercise autonomy in the governance of their "nations." In the case of the Aboriginals in
Australia, their native titles to their indigenous lands have been very restricted by law and jurisprudence.

There is no rule or procedure under International Law for secession by a group from an established State as a
mode of exercising the right of self-determination. Paragraph 6 of UN Resolution 1514(XV), states that any attempt
"aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the
purposes and principles of the Charter."

In the case of East Timor, secession came about after two (2) decades from its annexation to Indonesia, which in
turn happened barely days from the time it became independent from Portugal. East Timor was not part of Indonesia for
many years and the East Timorese had a contemporary culture and religion different from most Indonesians prior to its
annexation.

In the case of Mindanao, several groups had tried for decades to secede but were not successful owing to a lot of
factors, including the ethnical and cultural sameness of the people from Mindanao with those from the rest of the country,
the religious acceptance and tolerance of the religiously-diverse population in Mindanao, and the greater participation of
Muslim Filipinos in the national governance and economy.

aa Right to health
 The right to health is declared in Article 25 of the UDHR which states that, "Everyone has the right to a standard
of living adequate for the health and well-being of himself and of his family. . ." Article 12 of the ICESCR states that,
"The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health. . . ."

The UN Committee on Economic, Social and Cultural Rights (CESCR) states in General Comment No. 14: The
Right to the Highest Standard of Health that, "the right to health contains both freedoms and entitlements. The freedoms
include the right to control one's health and body, including sexual and reproductive freedom, and the right to be free
from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By
contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for
people to enjoy the highest attainable level of health." of the UN is: "To develop friendly relations among nations based
on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to
strengthen universal peace."

The word "peoples" has not been officially defined, but has been taken to mean a group of persons sharing the
same political, social, racial, and cultural backgrounds. Ethnic minorities, religious groups and tribes with a slightly
different form of art or dialect are not considered separate "peoples" under International Law, but are part of the larger
group with the common background.

There used to be a number of "peoples" who did not have their own sovereignty, owing mostly to invasions,
colonizations and war. Philippines, Indonesia, India and many others in South America, Africa and Europe were under the
control of governments other than their own. Filipinos shared a common culture and were "one people" before the
Spaniards came. They had a form of government, were long engaged in economic relations with other nations, had several
forms of religion, and had its own unique literature and alphabet before the Spanish conquest.

The right of self-determination gets problematic where the issue of territory is concerned. The conflict between
Israel and Palestine revolves around this issue. They are definitely separate peoples but they lay claim on the same
territory. The issue of the Inuit in Greenland who are asking for self-determination and independence from Denmark is
another matter because they, as a people, have their own territory. The issue of Taiwan and China is that Taiwan is
claiming sovereignty and is occupying a separate territory but they, as a people, are historically Chinese. The issue of the
Indian nations in the United States is similar to the issue of the Aboriginals in Australia, who historically owned the
territories where they are now considered "minorities." In the United States however, the Indians are given "territories" in
the form of reservations, and exercise autonomy in the governance of their "nations." In the case of the Aboriginals in
Australia, their native titles to their indigenous lands have been very restricted by law and jurisprudence.

There is no rule or procedure under International Law for secession by a group from an established State as a
mode of exercising the right of self-determination. Paragraph 6 of UN Resolution 1514(XV), states that any attempt
"aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the
purposes and principles of the Charter.."

In the case of East Timor, secession came about after two (2) decades from its annexation to Indonesia, which in
turn happened barely days from the time it became independent from Portugal. East Timor was not part of Indonesia for
many years and the East Timorese had a contemporary culture and religion different from most Indonesians prior to its
annexation.

In the case of Mindanao, several groups had tried for decades to secede but were not successful owing to a lot of
factors, including the ethnical and cultural sameness of the people from Mindanao with those from the rest of the country,
the religious acceptance and tolerance of the religiously-diverse population in Mindanao, and the greater participation of
Muslim Filipinos in the national governance and economy.
Module 5. International Humanitarian Law and International Human Rights Law

Specific Objectives:

At the end of the chapter the students must have:

1. Distinguished International Humanitarian Law and International Human Rights Law.

INTERNATIONAL HUMANITARIAN LAW (IHL) AND INTERNATIONAL HUMAN RIGHTS LAW

What is International Humanitarian Law (IHL)?

A: It is the branch of PIL which governs armed conflicts to the end that the use of violence is limited and that human
suffering is mitigated or reduced by regulating or limiting the means of military operations and by protecting persons who
do not or no longer participate in hostilities. It is also known as the law of armed conflict or the law of war.

What are the two branches of IHL?

1. Law of Geneva – designed to safeguard military personnel who are no longer taking part in the fighting and peo -
ple not actively.

2. Law of the Hague – establishes the rights and obligations of belligerents in the conduct of military operations,
and limits the means of harming the enemy.

What is war?
A: It is contention between two States, through their armed forces, for the purpose of overpowering the other and
imposing such conditions of peace as the victor pleases.

How is war commenced? A: With the:

1. Declaration of war
2. Rejection of an ultimatum
3. 3.Commission of an act of force regarded by at least one of the parties as an act of war.

What is a declaration of war?

A: A communication by one State to another informing the latter that the condition of peace between them has come to an
end and a condition of war has taken place.

What is an ultimatum?
A: A written communication by one State to another which formulates, finally and categorically, the demands to be
fulfilled if forcible measures are to be averted.

What is the Principle of Distinction?

A: Parties to an armed conflict must at all times distinguish between civilian and military targets and that all military
operations should only be directed at military targets.

What are the basic principles that underlie the rules of warfare?

1. The principle of military necessity – The belligerent may employ any amount of force to compel the complete
submission of the enemy with the least possible loss of lives, time and money.
Note: Under R.A. 9851, it is the necessity of employing measures which are indispensable to achieve a legitimate aim of
the conflict and not prohibited by IHL

2. The principle of humanity – Prohibits the use of any measure that is not absolutely necessary for the purpose of
the war, such as the poisoning of wells.

3. The principle of chivalry – Prohibits the belligerents from the employment of treacherous methods, such as the
illegal use of Red Cross emblems.

Core International Obligations of States in IHL

What are the essential rules of IHL?

A:

1. The parties to a conflict must at all times distinguish between the civilian population and combatants
2. Neither the civilian population as a whole nor individual civilians may be attacked
3. Attacks may be made sole against military objectives
4. People who do not or can no longer take part in the hostilities are entitled to respect for their lives and for their
physical and mental integrity and must be treated with humanity, without any unfavorable distinction whatever.
5. It is forbidden to kill or wound an adversary who surrenders or who can no longer take part in the fighting
6. Neither the parties to the conflict nor members of their armed forces have an unlimited right to choose methods
and means of warfare
7. It is forbidden to use weapons or methods of warfare that are likely to cause unnecessary losses and excessive suf-
fering.
8. 8.The wounded and sick must be collected and cared for by the party to the conflict which has them in its power.
9. 9.Medical personnel and medical establishments, transports and equipment must be spared. The red cross or red
crescent is the distinctive sign indicating that such persons and objects must be respected
10. 10Captured combatants and civilians who find themselves under the authority of the adverse party are entitled to
respect for their lives, their dignity, their personal rights and their political, religious and other convictions and
must be protected against all acts of violence or reprisals; entitled to exchange of news with their families and re -
ceive aid and enjoy basic judicial guarantees.

Principles of IHL

Q: What are the fundamental principles of the IHL?

A:

1. Parties to armed conflict are prohibited from employing weapons or means of warfare that cause unnecessary
damage or excessive suffering.(Principle of prohibition of use of weapons of a nature to cause superfluous injury
or unnecessary suffering)
2. Parties to armed conflict shall distinguish between civilian populace from combatants and spare the former from
military attacks.(Principle of distinction between civilians and combatants)
3. Persons hors de combat and those who do not take part in hostilities shall be protected and treated humanely with -
out any adverse distinction.
4. It is prohibited to kill or injure an enemy who surrenders or who is a hors de combat.
5. The wounded and the sick shall be protected and cared for by the party who is in custody of them.
6. Parties who captured civilians and combatants shall respect their rights to life, dignity, and other personal rights.

Differentiate (IHL) from Human Rights Law

INTERNATIONAL HUMANITARIAN HUMAN RIGHTS LAW

LAW
Applies in situations of armed conflict. Protects the individual at all times in war and
peace alike.

Aims to protect people who do not or are no Tailored primarily for peacetime, and applies to
longer taking part in hostilities. The rules everyone. Their principal goal is to protect
embodied in IHL impose duties on all parties to a individuals from arbitrary behavior by their own
conflict. governments. Human rights law does not deal
with the conduct of hostilities.

Q: What is R.A. 9851?

A: R.A. 9851 is the Philippine Act on Crimes Against International Humanitarian Law, Genocide and other Crimes
Against Humanity. Its State’s policies include:

1. The renunciation of war and adherence to a policy of peace, equality, justice, freedom, cooperation and amity
with all nations.
2. Values the dignity of every human person and guarantees full respect of human rights
3. Promotion of Children as zones of peace
4. Adoption of the generally accepted principles of international law
5. Punishment of the most serious crimes of concern to the international community
6. To ensure persons accused of committing grave crimes under international law all rights for a fair and strict trial
in accordance with national and international law as well as accessible and gender ‐sensitive avenues of redress for
victims of armed conflicts

The application of the provisions of this Act shall not affect the legal status of the parties to a conflict, nor give an implied
recognition of the status of belligerency.

Q: What is the effect /relevance of the passage of R.A. 9851?

A:R.A. 9851 mandates both the State and non‐state armed groups to observe international humanitarian law standards and
gives the victims of war‐crimes, genocide and crimes against humanity legal recourse
Q:What is an “attack directed against any civilian population”?
A: It means a course of conduct involving the multiple commission of acts referred to in other crimes against humanity
against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack.

Q:What is genocide?
A:

1. Any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or
any other similar stable and permanent group such as:
a. Killing of members of the group
b. Causing serious bodily or mental harm to members of the group
c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part
d. Imposing measure intended to prevent births within the group
e. Forcibly transferring children of the group to another group

2. Directly and publicly inciting others to commit genocide (R.A. 9851)

References:

• Petralba, Atty. Pepita Jane A., Hornbook on International and Philippine Human Rights Laws (2013) QC: Rex.
• Sarmiento, Rene V., Human Rights Law, Human Rights Culture (2015) Manila: Rex.

Arrest – It is the taking of a person into custody in order that he may be bound to answer the commission of an
offense.

The rules to be considered in conducting arrest:

1. No violence or unnecessary force shall be used in making an arrest;

2. The person arrested shall not be subject to a greater restraint than that necessary for his detention;

3. It shall be the duty of the officer executing the warrant to arrest the accused ad deliver him to the nearest police sta-
tion or jail without unnecessary delay;

4. The head of the office to whom the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for the execution shall make a report to
the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefore;
and

5. An arrest maybe made on any day and at any time of the day or night.
Warrant of Arrest – It is an order in writing issued in the name of People in the Philippines, signed by the judge and
directed to a peace officer, commanding him to arrest the person or persons stated therein and deliver them before the
court.

The requisites of a valid warrant of arrest are the following:

1. It shall be issued upon probable cause;

2. The probable cause is determined personally by the judge upon examination under oath or affirmation of the
complainant and the witness he may produce; and

3. Particularly describing the person to be arrested.

Take Note: Oath is applicable if the person making his affidavit believes in God, while affirmation is applicable if he
does not believe in God.

Life Span of Warrant of Arrest

As long as the person stated of the warrant of arrest is not arrested, it shall remain valid even if several years
already lapsed. However, the head of the office to whom the warrant of arrest was deliver for execution shall cause the
warrant to be executed within ten (10) days from is receipt. Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for the execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reason for its non-execution but the validity of the warrant is not
affected.

As a rule, every arrest must be done by virtue of warrant of arrest. What are the exemptions for this rule?

The exemptions for this rule are as follows:

a. When the presence of the arresting person, the person to be arrested committed, is actually committing, or is at -
tempting to commit an offense;(CAUGHT IN THE ACT)

b. When an offense has been committed and the arresting person has probable cause to believe based on personal
knowledge of facts and circumstances that the person to be arrested committed it; (HOT PURSUIT) and

c. When the person to be arrested is a prisoner who has escaped from a penal established or place where he is serving
final judgment or is temporarily confined while his case is pending or has escaped while being transferred from one
confinement or another. (ESCAPEE) (This is known as fugitive of justice or escape.)

Take Note: The phrase “caught in the act of committing a crime” is known inflagrante delicto.
 It must be stressed further that the enumerated instances are also known as Warrantless Arrests or
Citizen’s Arrests and private persons may conduct arrest under any of the enumerated instances only. They cannot
serve a warrant of arrest because to arrest a person by virtue of a warrant is the exclusive authority of police officers.

The rights of arrested persons are the following:

a. Rights against torture, force, intimidation and the like; and

b. Right to be visited and conferred privately with his lawyer in the jail or in any other place if custody at any hour
of the day or night, subject to reasonable regulations.

The rights of police officers conducting arrest are the following:

a. The right to summon assistance - An officer making a lawful arrest may orally summon as many persons as he
deems necessary to assist him in affecting the arrest. Every person so summoned by an officer shall assist him in
effecting the arrest when he can render such assistance without detriment to himself.

b. Right to break into building or enclosure - An officer, in order to make an arrest either by virtue of a warrant, or
without a warrant may break into any building or enclosure where the person to be arrested is or is reasonably be-
lieved to be, if he is refused admittance thereto, after announcing his authority and purpose.

c. Right to break out from building or enclosure - Whenever an officer entered the building or enclosure to conduct
arrest, he may break out there from when necessary to liberate himself.

The crimes that may be committed by a police officer while conducting arrests, whether with or without
warrant, are as follows:

a. Delay in the Delivery of Arrested Persons to the Proper Judicial Authority;

Delay in the Delivery of Arrested Persons to the Proper Judicial Authority is committed by the public officer
or employee who shall detain any persons for some legal round and shall fail to deliver such person to the proper
judicial authorities within the following period:
 12 hours of crimes punishable by light penalties;
 18 hours of crimes punishable by correctional penalties; and
 36 hours of crimes punishable by afflictive or capital penalties

b. Unlawful arrest;

Unlawful arrest is committed by any person who, in any case other than those authorized by law, shall arrest
or detain another for the purpose of delivering him to the proper judicial authorities.
An example of unlawful arrest is if a policeman who was investigating a crime arrested a person who was
just walking across the street delivered him to the nearest police station, and filed a criminal case against him. This
is even if there is no sufficient evidence showing that the arrested person was the one who committed the crime
being investigated.

c. Expulsion
 Expulsion is committed by any officer or employee, who not authorized by law, shall expel any person from the
Philippine islands or shall compel such person to change his residence.

Search Warrant – It is an order in writing issued in the name of the People of the Philippines. Signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the
court.

The requisites of a valid search warrant are the following:

a. It shall be issued upon probable cause;

b. The probable cause is determined personally by the judge upon examination under oath or affirmation of the com-
plainant and witnesses he may produce; and
c. Particularly describing the things and place to be search.

Take Note: Search is defined as the act of looking into carefully in order to find some concealed items. On the other
hand, seizure is to take into custody of something.

A search warrant may be issued for the search and seizure of the following personal properties:

a. Subject of the offense

b. Stolen or embezzled and other proceeds or fruits of the offense; and
c. Used or intended to be used as a means o committing a crime.

Take Note: There are two kinds of properties and they are the real properties and the personal properties. Real
Properties are those which cannot be transferred from one place or another. Some example of this are lands,
buildings, roads and the like. Personal Properties, on the other hand, are those which can be transferred from one
place to another. Some examples of these are ammunitions, fire arms, clothes, and the like.

It must be stressed further that there is a need for policeman to be armed with a search warrant while
conducting search, unlike the conducting arrest

When to serve a search warrant:

The search warrant must be direct that it be served at day time, unless the affidavit asserts that the property is
on the place ordered to be searched, in which case, a direction may be inserted that it be served at any time of the day
or night.

The life span for Search Warrant:

A search warrant shall be valid within ten (10) days from its date, thereafter, it shall be void

The distinctions between warrant of arrest and search warrant are the following:

a. The warrant of arrest and search warrant are orders in writing issued in the name of the People of the Philippines,
signed by a judge, and directed to a peace officer;

b. The warrant of arrest and search warrant are issued only upon probably cause;

c. The warrant of arrest is intended to arrest a person, while the search warrant is intended to search and seize
things and specified therein;
 d. The warrant of arrest remains valid as long as the person stated therein is not arrested regardless of the number of
days that already lapsed, while a search warrant is valid within ten days from issue;

e. The warrant of arrest may not be in possession in arresting person when conducting arrest, while the search war -
rant must be in possession of the police officer when conducting search and seizure; and

f. The warrant of arrest may be executed anytime of the day and night, while a search warrant, as rule, must be exe-
cuted during daytime.

Rule in Conducting Search and Seizure

As a rule, every search and seizure must be done by virtue of a search warrant. The exemptions to this rule includes the
following:

a. Consented search;

Under consented search, the rights against unreasonable search and seizure may be voluntarily waived by a
person being searched provided the following requisites of a waiver are present:
 Existence of right;
 Person has knowledge, either actual or constructive, of the existence of such right; and
 Said person had an actual intension of relinquishing such right.

b. Search incidental to lawful arrest;

Under search incidental to lawful arrest, a person lawfully arrested may be searched for dangerous weapons
or anything which may have been used or constitute proof in the commission of an offense without search warrant.

An example of search incidental to lawful arrest is if a policeman caught in the act a man raping a woman. In
that instance, the policeman may arrest and search that man even without a warrant.

c. Plain view search;

Under plain view search, illegal things at sight may be seized even without a warrant to do so. The things
must be readily seen without any effort of locating it.

An example of plain view search is while a policeman was conducting patrol, he saw a handgun held by a
person whom he believe no to be a policeman. In such case, the policeman may inquire about the license and other
documents pertinent to the lawful possession of that handgun. In case no document presented, that person maybe
arrested and his handgun may be seized.

d. Search in moving vehicle (checkpoint); and

A search made in checkpoints shall be limited to visual search and neither the vehicle nor the occupants shall
be subjected to physical search or require the passenger to alight from the vehicle. An extensive search may be
allowed only if the officers conducting the search have probable cause to believe that they would find evidence
pertaining to the commission of a crime in a vehicle to be search and there is no sufficient time to secure a valid
warrant upon which the passengers shall be required to alight from the vehicle to effect the search.

e. Customs search.
 Under custom search, the personnel of Bureau of Customs conduct search to enforce custom law or to regulate
exports and imports.

The crimes that may be committed by a policeman while conducting search are the following:

a. Violation of Domicile;

Violation of Domicile is committed by any public officer or employee who not being authorized by judicial
order, shall enter the dwelling against the will of the owner thereof, search papers or other effects found therein
without the previous content of the owner, or, having surreptitiously entered said dwelling, and being required to
leave said premises, shall refuse to do so.

b. Search warrants maliciously obtained;

Search warrants maliciously obtained is committed by a public officer or an employee who procures a
search warrant without just cause.

An example of search warrant maliciously obtained is if a police officer applies for a search warrant and
intentionally lied in his affidavit. Base on said affidavit, the judge issued a search warrant.

c. Abuse in the authority of search warrants legally obtained; and

Abuse in the authority of search warrants legally obtained is committed by a public officer or employee
who has legally produced a search warrant but he exceeds his authority or uses unnecessary severity in executing
the same.

An example of abuse in the authority of search warrants legally obtained is if a public officer, in executing
a search warrant for opium, seized books, personal letters, and other property not related with opium.

d. Searching domicile without witnesses.

Searching domicile without witnesses is committed by a public or employee who is armed with a search
warrant legally procured and searches the domicile, papers, or the other belongings of any person without the
presence of the owner, or any member of the family, or at least two witnesses residing in the same locality.

An example of searching domicile without witnesses is if a policeman, armed with search warrant legally
procured, searches the house of a person without the owner but with the presence of a (seven) 7-year old child of
the owner.

Take Note: The phrase “any member of the family or at least two residing in the same locality” as stated above
refers to a person of sufficient age and discretion. A person considered of sufficient age if he attains the age of
majority (18 year old) and he is of sufficient discretion if he is sane.

In responding to the crime scene, what must be taken into consideration by a policeman?

Every policeman, in responding to a crime scene, must not forget to save life first, apprehension of
criminals and preservation of the evidence are the next priorities.
Custodial Investigation – It is any questioning initiated by law enforcement officers after a person has been taken into
custody of otherwise deprived of his freedom of action in any significant way.

It shall include the practice of issuing an “invitation” to a person who is investigated in connection with an
offence he is suspected to have committed, without the prejudice to the liability of the “inviting” officer for any
violation of law.

The requisites of custodial investigation are as follows:

a. The question being asked are no longer general inquiry; and

b. The person being questioned is considered as a suspect in the crime committed.

General Inquiry - Is a question that may be asked to any person. Some examples of these are as follows:

a. What is your name?

b. How young are you?
c. Are you still single?
THREE TOOLS OR I’S OF CRIMINAL INVESTIGATION

a. Information;
b. Interrogation; and
c. Instrumentation

Information – It is the knowledge which the investigator gathered and acquired from other persons.

Take Note: the term “information” as defined in this discussion is different from the “information” in the
prosecution stage is an accusation in writing charging a person with an offense, subscribed by the prosecutor and field
in court.

The term “information” in the subject police intelligence refers to all evaluated material of every description
including those derived from observation, reports, rumors and other sources from which intelligence is produced. It is
a communicated knowledge by others obtained by personal study, investigation, research, analysis and investigation.

Interrogation – It is a questioning of a person suspected of having committed an offense or of a person who is

reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

Interview – It is the questioning of a person who is believes to possess knowledge that is of official interest to the
investigator. The person being questioned usually gives his account of an incident under investigation or offers
information concerning a person under investigated in his own manner and words.

Instrumentation – It is the application of the instruments and methods of physical science in detection of crime.
Rights of a Person under Custodial Investigation

a. Right to be informed of his right to remain silent;

b. Right to have a competent and independent counsel preferably of his own choice or to be provided with one;
c. Right against torture, force, violence, threat, and intimidation or any other means which vitiates his free will;
d. Right not to be held in secret, solitary, incommunicado, or any similar forms of detention.

The person under investigation for the commission of an offence shall have the right to waive his right to remain silent
and his right to have a counsel provided;

 the waiver is done voluntarily;

 done intelligently;
 in the presence of a competent and independent counsel; and
 in writing

Take Note: these enumerated right are known as Miranda rights or constitutional rights of a person under investigation
for the commission of offense. The word Miranda came from the name of Ernesto Miranda who was the accused in
prominent case entitled Miranda vs. Arizona.

To expand the provision of section 12, article 3 of the Philippines Constitution, RA7438 was enacted on April
27, 1992. RA 7438 is the act defining certain rights of persons arrested, detained or under custodial investigation as we
as the duties of the arresting, detaining, and investigating officers, and provide penalties for violation thereof. Under
this law the following are the rights of person arrested, detained, and under custodial investigation and the duties of
public officers:

a. any person arrested, detained, or under custodial investigation shall at all times be assisted by counsel;

b. any public officer or employee, or anyone acting under his order or his place, who arrests, detains, or investigates
any person for the commission of an offense shall inform the latter, in language known to and understood by him,
of his right to remain silent and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation.
If such person cannot afford the services of his own counsel, he must be provided with a competent and indepen -
dent counsel by the investigating officer;

c. The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such
report is signed, or thumb marked if the person arrested or detained does not know how to read and write, it shall
be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating of-
ficer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall
be null and void and of no effect or so whatever;

d. Any extrajudicial confession by a person arrested, detain or under custodial investigation shall be in writing and
signed by such person in the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the pres -
ence of any of the parents, elder brother and sister, his spouse, his municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him; otherwise such extrajudicial confession
shall be inadmissible as evidence in any proceeding;
e. Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or un-
der custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise
the waiver shall be null and void and of no effect;

f. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences by any
member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-governmental organization duly accred -
ited by the Commission on Human Rights or by any international non-governmental organization duly accredited
by the Office of the President. The person’s “immediate family” shall include his or her spouse, fiancé or fiancée,
parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

Take Note: The information of the enumerated rights must be done in a language known to the person being
investigated for the commission of crime.

What if the rights stated in the preceding question are not complied with by the investigating officer?

If the rights stated in the preceding question are not complied with by the investigating officer, any
admission, confession, or any evidence obtained during the investigation is inadmissible in any proceeding. This is
known as the Doctrine of the Fruit of the Poisonous Tree. This doctrine states that any evidence illegally obtained is
not admissible in any proceeding.

In addition to the non-admissibility of the evidence obtained, the investigating policeman may be also charge
criminally, administratively, and/or civilly.

If the investigating official is not a policeman, is there a need for him to state the rights of persons under
investigation under investigation for the commission of an offense?

If the investigating official is not a policeman, there is no need to state the right of persons under
investigation for the commission of an offense. The rights are being informed to the person being investigated only if
the investigating person is a law enforcer.

Difference between Confession and Admission

Confession is the direct acknowledgement of guilt, while admission is the indirect acknowledgement of guilt.

An example of confession is if the accused acknowledges that he was the one who committed the crime; an
example of admission is if the accused acknowledges that he owns the tools used in committing the crime but does not
acknowledge that he was the one who committed the crime.

Take Note: Confession and Admission have two kinds and they are the following:
 a. Judicial confessions/admissions – Are those done in open court in the presence of the judge.

b. Extra-judicial confessions/admissions – Are those made outside trial.

CHAPTER 2 LAW ENFORCEMENT OPERATION

Law Enforcement Law

Enforcement is the activity of some members of government or corporate who act in an organized manner to
enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing
that society. Although the term encompasses police, courts, and corrections, it is most frequently applied to those who
directly engage in patrols or surveillance to dissuade and discover criminal activity, and those who investigate crimes and
apprehend offenders, a task typically carried out by the police, sheriff or another law enforcement organization.

Modern state legal codes use the term peace officer, or law enforcement officer to include every person
vested by the legislating state with police power or authority, traditionally, anyone "sworn or badged, who can arrest, or
any public official authorized by statute, to detain, any person for a violation of criminal law, is included under the
umbrella term of law enforcement.

Although law enforcement may be most concerned with the prevention and punishment of crimes,
organizations exist to discourage a wide variety of noncriminal violations of rules and norms, affected through the
imposition of less severe consequences such as probation.

Philippine Law Enforcement

Until the mid-1970s, when a major restructuring of the nation's police system was undertaken, the Philippine
Constabulary alone was responsible for law enforcement on a national level. Independent city and municipal police forces
took charge of maintaining peace and order on a local level, calling on the constabulary for aid when the need arose. The
National Police Commission, established in 1966 to improve the professionalism and training of local police, had loose
supervisory authority over the police. It was widely accepted, however, that this system had several serious defects.

Most noteworthy were jurisdictional limitations, lack of uniformity and coordination, disputes between police
forces, and partisan political involvement in police employment, appointments, assignments, and promotions. Local
political bosses routinely used police as private armies, protecting their personal interests and intimidating political
opponents.

In order to correct such deficiencies, the 1973 constitution provided for the integration of public safety forces.
Several presidential decrees were subsequently issued, integrating the police, fire, and jail services in the nation's more
than 1,500 cities and municipalities.

On August 8, 1975, Presidential Decree 765 officially established the joint command structure of the
Philippine Constabulary and integrated National Police. The constabulary, which had a well- developed nationwide
command and staff structure, was given the task of organizing the integration. The chief of the Philippine Constabulary
served jointly as the director general of the Integrated National Police. As constabulary commander, he reported through
the military chain of command, and as head of the Integrated National Police, he reported directly to the minister (later
secretary) of national defense, The National Police Commission was transferred to the Ministry (later Department) of
National Defense, retaining its oversight responsibilities but turning over authority for training and other matters to the
Philippine Constabulary and Integrated National Police.

The Integrated National Police was assigned responsibility for public safety, protection of lives and property,
enforcement of laws, and maintenance of peace and order throughout the nation. To carry out these responsibilities, it was
given powers "to prevent crimes, affect the arrest of criminal offenders and provide for their detention and rehabilitation,
prevent and control fires, investigate the commission of all crimes and offenses, bring the offenders to justice, and take all
necessary steps to ensure public safety." In practice, the Philippine Constabulary retained responsibility for dealing with
serious crimes or cases involving jurisdictions far separated from one another, and the Integrated National Police took
charge of less serious crimes and local traffic, crime prevention, and public safety.

The Integrated National Police's organization paralleled that of the constabulary. The thirteen Philippine Constabulary
regional command headquarters were the nuclei for the Integrated National Police's regional commands. Likewise, the
constabulary's seventy-three provincial commanders, in their capacity as provincial police superintendents, had
operational control of Integrated National Police forces in their respective provinces.

Provinces were further subdivided into 147 police districts, stations, and substations. The constabulary was
responsible for patrolling remote rural areas. In Metro Manila's four cities and thirteen municipalities, the integrated
National Police's Metropolitan Police Force shared the headquarters of the constabulary's Capital Command. The
commanding general of the Capital Command was also the director of the Integrated National Police's Metropolitan
Police Force and directed the operations of the capital's four police and fire districts. As of 1985, the integrated National
Police numbered some 60,000 people, a marked increase over the 1980 figure of 51,000. Approximately 10 percent of
these staff was fire and prison officials, and the remainder was police.

The Philippine National Police Academy provided training for integrated National Police officer cadets.
Established under the Integrated National Police's Training Command in 1978, the academy offered a Bachelor of Science
degree in public safety following a two-year course of study. Admission to the school was highly competitive, integrated
National Police was the subject of some criticism, and the repeated object of reform. Police were accused of involvement
in illegal activities, violent acts and abuse. Charges of corruption were frequent. To correct the Integrated National
Police's image problem, the government sponsored programs to Identify and punish police offenders, and training
designed to raise their standard of appearance, conduct, and performance. Dramatic changes were planned for the police
in 1991.

The newly formed Philippine National Police was to be a strictly civilian organization removed from the
armed forces and placed under a new civilian department known as the Department of the interior and Local Government.
Local police forces were supported at the national level by the National Bureau of Investigation. As an agency of the
Department of Justice, the National Bureau of Investigation was authorized to "investigate, on its own initiative and in
whenever officially requested, investigate or detect crimes or other offenses; (and) to act as a the public interest, crimes
and other offenses against the laws of the Philippines; to help national clearing house of criminal records and other
information.

"In addition, the bureau maintained a scientific crime laboratory and provided technical assistance on request
to the police and constabulary. Local officials also played a role in law enforcement, By presidential decree, the justice
system in the barangays empowered village leaders to handle petty and less serious crimes. The intent of the program was
to reinforce the authority of local officials and to reduce the workload on already overtaxed Philippine law enforcement
agencies.

Law Enforcement Operations in the Philippines The Local Government Code of the Philippines mandates the
Barangays to enforce peace and order and provide support for the effective enforcement of human rights and justice,
resolving and/or mediating conflict at the barangay level through non-adversarial means. Recourse to this Barangay
Justice System is required, with some specific exceptions, as a pre-condition before filing a complaint in court or any
government offices. At the national level, law enforcement in the Philippines is handled by two agencies:

The Philippine National Police (PNP) and the National Bureau of Investigation (NBI). Community policing is
done by un-armed barangay tanods who are hired and supervised by their local barangays, the smallest elected
government in the Philippines. Barangay Tanods are often described as volunteers but they do receive in some places
small stipends and benefits such as health care. They have some limited training.

The Philippine National Police

From a merging of the Philippine Constabulary and the Integrated National Police, the Philippine National
Police (PNP) is the civilian national police force of the Philippines. The following is a brief history of the PNP and the
organizational structure that it holds today.

I. HISTORICAL HIGHLIGHTS The Philippine National Police (PNP) originated from the Philippine
Constabulary or the PC, which was inaugurated on August 8, 1901, establishing it as an insular police force under
the American regime. On August 8, 1975, Presidential Decree no. 765 was issued, establishing the Philippine
Constabulary Integrated National Police or the PC/INP as the country's national police force.

These fragmented and diverse local police units were integrated into a national police force with the Philippine
Constabulary as its nucleus. After the People's Revolution in 1986, a new Constitution was promulgated providing for a
police force, which is "national in scope and civilian in character." Consequently, Republic Act No. 6975 entitled, "An
Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local government
(DILG)," was signed into law on December 13, 1990, which took effect on January 1, 1991. Subsequently, the PNP was
operational on January 29, 1991, whose members were formerly the PC and the INP and the absorption of the selected
members from the major service units of the Armed Forces of the Philippines such as the Philippine Air Force Security
Command. The Philippine Coast Guard, Philippine Navy, and the Philippine Army. Thus, to further strengthen the PNP
into a highly efficient and competent police force, Republic Act No. 8551 entitled "PNP Reform and the Reorganization
Act of 1998" was enacted on February 17, 1998, amending certain provisions of Republic Act No. 6975.

II. ORGANIZATIONAL STRUCTURE

1. RELATIONSHIP OF THE PNP TO THE DILG Pursuant to Republic Act No. 6975 as amended by Republic Act
No. 8551, The PNP in under the administrative control and operational supervision of the National Police
Commission. Meanwhile, the NAPOLCOM is an attached agency of the Department of the interior and Local
Government for policy and program coordination. The Secretary of the Interior and Local government is mandated to
be the Ex-Officio Chairman of NAPOLCOM.

2. THE PNP ORGANIZATIONAL STRUCTURE in order to accomplish the mission, powers and functions of the
 PNP, its structure was provided for as follows:

• The PNP Command Group is headed by the Chief PNP who is vested with the power to command and
direct the PNP. He is also assisted by two Deputies assigned to the administration of the PNP and one for operations
side.
• The Chief of the Directorial Staff serves as the Chief Operations Officer of the PNP. He coordinates,
supervises, and directs the Directorial Staff and the PNP units in the performance of their respective functions.

• The Internal Affairs Service (IAS) is headed by a Inspector General who assists the Chief PNP in ensuring
operational readiness and investigates infractions of the regulations committed by the members of the PNP.

• The Human Rights Affairs Office (HRAO) is headed by a senior police commissioned officer who serves
as a manager of the facility that will supervise the implementation of the guidelines and policies on
human rights laws.

• The Center for Police Strategy Management (CPSM) serves as the Central facility of the PNP in
coordinating and integrating all strategy management processes, sustaining its strategy execution and management,
and instilling in the organization a culture of strategy focus.

The Directorial Staff is composed of 16 directorates. Every Director in each unit has also his defined function in line
with his specialization as follows:

The Directorate for Personnel and Records Management (DPRM).

The director optimizes the utilization of personnel resources both from the Ununiformed and non-uniformed
personnel.

The Directorate for Intelligence (DI).

The director manages the gathering/collating of intelligence objectives through effective management of all
intelligence and counter-intelligence activities of the PNP. He also serves as the linkage of all foreigners with official
transactions with the chief PNP.

The Directorate for Operations (DO).

The director exercises the command, the control, the direction, the coordination and the supervision of all activities
on PNP operations such as deployment and employment of personnel.

The Directorate for Logistics (DL).

The director administers and manages material resources needed for the PNP operations.

The Directorate for Plans (DPL).

The director plans and programs strategic PNP operations. He also represents the PNP in the inter-agency and
international affairs on peace and order.

The Directorate for Comptrollership (DC).

The director administers and manages the fiscal financial resources.

The Directorate for Police-Community Relations (DPCR).

The director formulates and implements community-related activities, programs and projects. He also supervises the
PNP Salaam Police Center to undertake close monitoring Networking and liaising activities with the Muslim
communities in addressing terrorism and lawless violence in their respective areas to guarantee that the Muslims are
not discriminated, oppressed or singled-out.
 The Directorate for Investigation and Detective Management (DIDM).
The director coordinates. Controls and supervises all investigation activities:

The Directorate for Human Resource and Doctrine Development (DHRDD).

The director formulates policies on matters pertaining to human resources and doctrine development.

The Directorate for Research and Development (DRD).

The director engages in research and development and does testing and evaluation of self-reliant projects.

The Directorate for Information and Communications Technology Management (DICTM).

The director integrates and standardizes all the PNP information systems and resources to further improve the
frontline services.

Five (5) Directorates for Integrated Police Operations (DIPOs).

The Directors of the clustered areas for Integrated Police Operations, namely: Eastern Mindanao, Western
Mindanao, Visayas, Southern and Northern Luzon are given the responsibility to direct and to supervise the
conduct of integrated anti-criminality, internal security, counter-terrorism operations, to promote inter-operability
with the Armed Forces of the Philippines, and to provide system to promote regional socio-economic
development.

There are 23 National Support Units of the PNP. Eleven (11) of which are administrative while twelve (12) are
operational in nature. The eleven Administrative Units are as follows:

1. Logistics Support Service (LSS)

2. Information Technology Management Service (ITMS)
3. Finance Service (FS)
4. Health Service (HS)
5. Communications and Electronics Service (CES)
6. Chaplain Service (CHS)
7. Legal Service (LS)
8. Headquarters Support Service (HSS)
9. Engineering Service (ES)
10.Training Service (TS) and
11. PNP Retirement and Benefits Administration Service (PRBS).

The twelve (12) operational support units and their respective functions are as follows:

• Maritime Group (MG)

This group is responsible to perform all police functions aver Philippine Territorial waters, lakes, and rivers along
coastal areas to include ports and harbors and small islands for the security and the sustainability development of
the maritime environment.

• Intelligence Group (IG).

This group serves as the intelligence and counterintelligence operating unit of the PNP.

• Police Security and Protection Group (PSPG).

This group provides security to government vital installations, government officials, visiting dignitaries and
private individuals authorized to be given protection.
• Criminal Investigation and Detection Group (CIDG).
This group monitors, Investigates, prosecutes all crimes involving economic sabotage, and other crimes of such
magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and
organizations. It also conducts organized crime-control, all major cases involving violations of the revised penal
Code, violators of SPECIAL LAWS assigned to them such as Anti-hijacking, Anti Car napping and Cybercrimes
among others and atrocities committed by Communist Party of the Philippines (CPP)/New People's Army
(NPA)/National Democratic Front (NDF).

• Special Action Force (SAF).

This group is a mobile strike force or a reaction unit to augment regional, provincial, municipal and city police
force for civil disturbance control, internal security operations, hostage-taking rescue operations, search and
rescue in times of natural calamities, disasters and national emergencies and other special police operations such
as ant-hijacking, anti-terrorism, explosives and ordnance disposal. On a special note, the PNP Air Unit is placed
under the supervision of SAF.

• Aviation Security Group (AVSEGROUP).

This group provides security to all airports throughout the country.

• Highway Patrol Group (HPG).

This group enforces the traffic laws and regulations, promote safety along the highways, enhances traffic safety
consciousness through inter-agency cooperation concerning Police Traffic Safety Engineering. Traffic Safety
Education and Traffic Law enforcement functions and develops reforms in the crime prevention aspect against all
forms of lawlessness committed along National Highway involving the use of motor vehicles.

• Police-Community Relations Group (PCRG).

This group undertakes and orchestrates Police Community Relations program and activities in partnership with
concerned government agencies, the community, and volunteer organizations in order to prevent crime and attain
a safe and peaceful environment.

• Civil Security Group (CSG). This group regulates business operations and activities of all organized private
detectives, watchmen, security guards/agencies and company guard forces. It also supervises the licensing and
registration of firearms and explosives.

• Crime Laboratory (CL). This group provides scientific and technical, investigative aide and support to the PNP
and other investigative agencies. It also provides crime laboratory examination, evaluation and identification of
physical evidence gathered at the crime scene with primary emphasis on medical, biological and physical nature.

• PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the PNP in addressing
kidnapping menace in the country and in handling hostage

• PNP Anti-Cybercrime Group (PNP-ACG). This Group is responsible for the implementation of pertinent laws
on cybercrimes and anti-cybercrime campaigns of the PNP.

For the main PNP operating units, there are seventeen (17) Police Regional Offices nationwide
which correspond to the Regional subdivisions of the country. Directly under the Police Regional Offices are
seventeen (17) Regional Public Safety Battalions (RPSB), eighty (80) Police Provincial Offices which correspond
to the number of Provinces in the country and twenty (20) City Police Offices (CPOs) in highly urbanized and
independent cities, which are equivalent to a Provincial Police Office.

The Police Provincial Offices have their respective Provincial Public Safety Companies (PPSC)
which is utilized primarily for internal security operations (ISO). The number of platoons in a Provincial Public
Safety Company is dependent on the existing peace and order situation in the province concerned.

Finally, a total of 1,766 Police Stations are established nationwide and they are categorized as
follows: 90 Component City Police Stations and 1,507 Municipal Police Stations under the Police Provincial
Offices, 131 Police Stations under the City Police Offices, and 38 Police Stations/City Police Stations in the
National Capital Regional Police Office which serve as the main operating arms of the PNP for the anti-
criminality campaign.
III. THE PNP RANK CLASSIFICATIONS
The PNP also has a significant feature in line of its rank classifications. It adopts a different structure for purposes
of attaining a more efficient administration, supervision, and control compared to the Armed Forces.

PNP RANKS AFP RANKS

Police Commissioned Officers Commissioned Officer

Director General General

Deputy Director General Lieutenant Officer

Director Major General

Chief Superintendent Brigadier General

Senior Superintendent Colonel

Superintendent Lieutenant Colonel

Chief Inspector Major

Senior Inspector Captain

Inspector 1st and 2nd Lieutenant

Police Non-Commissioned Officer Non-Commissioned Officer

Senior Police Officer IV Master Sergeant

Senior Police Officer III Technical Sergeant

Senior Police Officer II Staff Sergeant

Senior Police Officer I Sergeant

Police Officer III Corporal

Police Officer II Private First Class

Police Officer I Private

IV. THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT ORGANIZATIONS

Domestically, the PNP is linked with the other law enforcement agencies through the National Law
Enforcement Coordinating Committee (NALECC). This body convenes regularly to foster cooperation and
coordination among all law enforcement agencies in the country.
 It also supports several law enforcement agencies like the Philippine Center Private for
Transnational Crimes (PCTC) and the Philippine Drug Enforcement Agency It is also linked with the
International Enforcement Community thru the INTERPOL, with the head of the PCTC as the Secretariat, and the
Chief PNP as the Chief of the National Central Bureau and a member of the ASEAN Chiefs of Police or
ASEANPOL, and a partner of the United Nations Center for International Crime Prevention (UNCICP).

V.THE PNP RELATIONSHIP WITH THE AFP

The PNP and AFP complement each other on their pursuit to suppress insurgency and other serious
threats to national security and in times of national emergency prescribed pursuant to Section 12 of Republic Act
8551.

Consequently, there are also governing relationships between them as follows:

• The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises primary
responsibility on matters involving suppression of insurgency and other serious threats to national security.

• The PNP provides assistance to the AFP in Insurgency-affected areas while the AFP is also responsible for the
integrated territorial defense system.

• The PNP assists the AFP for the dispositive action on arrested, captured or surrendered insurgent within the
prescribed elementary period.

• The PNP provides assistance to the AFP in the arrest of suspected insurgents with standing warrants of arrest,
and The PNP and the AFP maintain close intelligence coordination and exchanges and share each other's
accomplishments of their respective mission and functions,

Law Enforcement Administration

Many public safety and law enforcement patrol officers and detectives strive to obtain departments and
other law enforcement organizations run smoothly. They supervise staff while promoting and executing
regulations for law enforcement specific to their agencies. The U.S. Drug Enforcement Administration (DEA), for
example, is an organization that deals with enforcing the laws and regulations that relate to illegal drugs.

Most law enforcement administrators start out as patrol officers and work their way up the ranks. It's at
the patrol level (corporal) that officers learn the streets and people of the communities they serve and protect.
After serving as corporal for a year or two, officers can then be considered for promotions to sergeant, lieutenant
or captain. Depending on the agency. Exceptional officers with an educational background in law enforcement
administration can skip ranks and advance quickly.

Types of Law Enforcement Agencies

A law enforcement agency (LEA) is any agency which enforces the law. This may be a special, local,
or state police, federal agencies such as the Federal Bureau of Investigation (FBI) of the Drug Enforcement
Administration (DEA). Also, it can be used to describe an international organization such as Europol or Interpol.
This is a list of law enforcement agencies, organized by continent and then by country.

S No. Name of the Agency Headquarters Year of Formation About the Agency Vision

1 Philippine National Police Philippines 1991 It is the national police force

of the Republic of the
Philippines.
2 Philippine Drug Enforcement Philippines 2007 It is the lead anti-drugs law
Agency enforcement agency,
responsible for preventing,
Investigating and combating
any dangerous drugs,
controlled precursors and
essential chemicals within the
Philippines.

3 Philippine National Police Philippines 1991 It is the national police force

of the Republic of the
Philippines.

4 National Bureau of Philippines 1936 It is an agency of the

Investigation Philippine government under
the Department of Justice,
responsible for handling and
solving major high profile
cases that are in the interest of
the nation.
5 Land Transportation Office Philippines 1964 It is an agency of the
Philippine government under
the Department of
Transportation and
Communications responsible
for optimizing the land
transportation service and
facilities and to effectively
implement the various
transportation laws, rules and
regulations.
6 Bureau of Internal Revenue Philippines 1904 It is an attached agency of
Department of Finance. BIR
collects more than one-half of
the total revenues of the
government.
7 Department of Environment Philippines 1917 It is the executive department
and Natural Resources of the Philippine government
responsible for governing and
supervising the exploration,
development, utilization, and
conservation of the country's
natural resources.
 LAW ENFORCEMENT OPERATIONS THE PHILIPPINE NATIONAL

POLICE MANUAL
I. GENERAL PROCEDURES 1. Police Blotter
 PNP operating unit shall maintain an official police blotter.
 all types of operational and undercover dispatches shall be recorded.
 A separate Police Blotter, however, shall be maintained for crime incident reports involving violence
against women and children and those cases involving a child in conflict with the law to protect their pri-
vacy.

2. INTER-UNIT COORDINATION

 Local Police Units operating outside their territorial jurisdiction and National Support Units (NSUs) shall
coordinate, personally or through an official representative, with the Police Office within whose jurisdic-
tion the operation shall be conducted.
 If formal inter-unit coordination is not feasible, the Police Unit concerned shall endeavor to notify the ter-
ritorial police office through any practical/available means of communication at any time during the oper-
ation;
 If not possible, shall accomplish and furnish the territorial Police Office a written incident report immedi-
ately after the termination of the operation.

3. BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS

Requirements:
o with a marked police vehicle;
o preferably led by a Police Commissioned Officer (PCO); and
o with personnel in prescribed police uniform.
4. WARNING SHOTS
 The police shall not use warning shots during police interventions.

5. USE OF FORCE

Issuance of Warning The police officer must first issue a warning before he could use force against an
offender to identify himself and to give opportunity for surrender.

Reasonable Force
The reasonableness of the force employed will depend upon the number of aggressor, nature and characteristic of
the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault.

Use of Weapon

The excessive use of force is prohibited.

The use of weapon is justified if the suspect poses imminent danger of causing death or injury to the police officer or
other persons. The use of weapon is also justified under the Doctrines of Self-defense, Defense of Relative, and Defense
of Stranger.

Reportorial Requirements
Any police officer who used his firearm against a suspect must submit an after- encounter report outlining the
circumstances necessitating the use of weapon against the suspect.

6. MOVING VEHICLES

 A moving vehicle shall not be fired upon except when its occupants pose imminent danger of causing
death or injury to the police officer or any other person;
 The use of firearm does not create a danger to the public and outweighs the likely benefits of its non-use.
 In firing upon a moving vehicle, the following parameters should be considered:

A. the intent of the fleeing suspect/s to harm;

B. the capability of the fleeing suspect/s to harm; and
C. accessibility or the proximity of the fleeing suspect/s.

II. BASIC PROCEDURES

1. Guidelines and Procedures when Responding to Calls for Police Assistance
 Gather and note down in the patrol logbook all available data.
Stop the car at some distance away from the scene and approach the scene on foot.
 Immediately attend to the injured.
 Focus all efforts to arrest criminals however; priority shall be given to aiding the injured.
 When the suspects or criminals have fled the scene relay to the Tactical Operation Center (TOC) for
the conduct of dragnet operations.
2. Protecting and Preserving the Crime Scene
 Respond as soon as possible;
 Establish the police lines;
 Avoid touching or stepping on anything that may represent evidence;
 Check and protect adjacent areas where pieces of evidence could be found;
 Look for the presence of bloodstains and other body fluids.
 Turn over all initial information and pieces of evidence to the responding investigation unit/elements.
2. SPOT CHECKS /ACCOSTING AND PAT-DOWN SEARCHES
2.1. Grounds for Spot Check/Accosting
Stop the individual for the purpose of conducting a spot check/accosting only when reasonable suspicion
exists. Such facts include, but are not limited to, the following:
 a. The appearance or demeanor of the individual suggests that he is part of a criminal enter-
prise or is engaged in a criminal act;
b. The actions of the individual suggest that he is engaged in a criminal activity;
c. Questionable presence of the individual in the area;
d. The subject is carrying a suspicious object;
e. The suspect’s clothing bulges in a manner that suggests he is carrying a weapon;
f. The suspect has been found in the time and place proximate to an alleged crime;
g. The police officer has knowledge of the suspect’s prior criminal record or
involvement in criminal activity; and
h. The individual flees at the sight of a police officer.

2.2 Procedures and Guidelines for Spot Checks/Accosting

a. Police officer shall clearly identify himself;
b. Police officers shall be courteous at all times;
c. Before approaching more than one individual, police officers should determine whether the cir-
cumstances warrant a request for back-up;
d. Questions shall be confined as to the suspect’s identity, place of residence, and other inquiries
necessary to resolve the police officer’s suspicion.
e. Police officers are not required to give the suspect Miranda Warning unless the person is placed
under arrest.

2.3. Grounds for Body Frisk/Pat-Down Search Circumstances which may justify pat-down search:
a) The type of crime believed to be committed by the subject – particularly crimes of violence
where the threat of use or use of deadly weapon is involved;
b) Where the police officer handles several suspects;
c) The time of the day and the location where the pat-down search took place;
d) Prior knowledge by the police officer of the suspect’s use of force and/or propensity to carry
deadly weapons;
e) The appearance and demeanor of the suspect;
f) Visual indications that the suspect is carrying a firearm or other deadly weapon; and g. Whenever
possible, pat-down should be performed by police officers of the same gender.
3. ARREST
 All arrests should be made only on the basis of a valid Warrant of Arrest.
 No violence or unnecessary force shall be used in making an arrest.

3.1 Time of Arrest Should be made on any day of the week and at any time of the day or night.

3.2. Section5. Procedures in Serving Warrant of Arrest

a. Verify the validity of the warrant;
b. The police officer should introduce himself and show proper identification;
c. If refused entry, the police officer may break into any residence, office, building, and other struc-
ture;
d. The police officer need not have a copy of the warrant in his possession at the time of the arrest.
If the person arrested so requires, the warrant shall be shown to the arrested person as soon as
possible;
e. Secure the person to be arrested;
f. Conduct thorough search for weapons and other illegal materials on the person arrested and sur-
roundings within his immediate control;
g. Inform the person to be arrested of his rights under the Miranda Doctrine.
h. No unnecessary force shall be used in making an arrest;
i. Confiscated evidence shall be properly documented;
j. Bring the arrested person to the Police Station for documentation;
k. Make a Return of Warrant to the court and
l. Deliver the arrested person to jail/prison.
 4. SEARCHES AND SEIZURES

 The warrant should be served during daytime, unless there is a provision in the warrant allowing service
at any time of the day or night.
 If refused admittance to the place of search after giving notice of the purpose the police officer may break
open any outer or inner door or window to implement the warrant.

4.1. Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

 Search shall not be made in the absence of the lawful occupant or any member of his family or, in the ab-
sence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the
same locality.
 Lawful personal properties, papers, and other valuables not specifically indicated or particularly de-
scribed in the search warrant shall not be taken.
 Deliver the property seized to the judge who issued the warrant, together with an inventory duly verified
under oath.

Police Operational Planning

Police administrators sometimes do not appreciate the importance of planning because of the pattern of career
development. It is ironic that the pattern of career development for typical police managers carries with it seeds that
sometimes blossom into a negative view of planning. However, planning is an integral element of good management and
good decision-making. Management needs to anticipate and shape events; it is weak if it merely responds to them.

What is a Plan?

A plan is an organize schedule or sequence by methodical activities intended to attain a goal and objectives for
the accomplishment of mission or assignment. It s a method or way of doing something in order to attain objectives.
Plan provides answer to 5W’s and 1 H.

What is Planning?

Hudzik and Cordner defined planning as “thinking about the future, thinking about what we want the future
would be, and thinking about what we need to do now to achieve it.” Planning is a management function concerned with
visualizing future situations, making estimates concerning them, identifying issues, needs and potential danger points,
analyzing and evaluating the alternative ways and means for reaching desired goals according to a certain schedule,
estimating the necessary funds, and resources to do the work, and initiating action in time to prepare what may be needed
to cope with the changing conditions and contingent events.

What is Police Planning?

Police Planning is an attempt by police administrators in trying to allocate anticipated resources to meet
anticipated service demands. It is the systematic and orderly determination of facts and events as basis for policy
formulation and decision affecting law enforcement management.

What is Operational Planning?

Operational Planning is the use of rational design or pattern for all departmental undertaking rather than relying
on change in an operational environment. It is the preparation and development of procedures and techniques in
accomplishing of each of the primary tasks and functions of an organization.

What is Police Operational Planning?

Police Operational Planning is the act of determining policies and guidelines for police activities and operations
and providing controls and safeguards for such activities and operations in the department. It may also be the process of
formulating coordinated sequence of methodical activities and allocation of resources to the line units of the police
organization for the attainment of the mandated objectives or goals.

STRATEGIC PLANNING
Strategic planning is a series of preliminary decisions on a framework, which in turn guides subsequent
decisions that generate the nature and direction of an organization. This is usually long range in nature. The reasons for
Strategic Planning are:

VISION – A vision of what a police department should be.

LONG-RANGE THINKING – Keeping in mind that strategy is deciding where we want to be
STRATEGIC
FOCUS CONGRUENCE
A STRATEGIC RESPONSE TO CHANGE
STRATEGIC FRAMEWORK

Strategic Planning process

TASK 1 – Develop Mission and Objectives
TASK 2 – Diagnose Environmental Threats and Opportunities
TASK 3 – Assess Organizational Strengths and Weaknesses
TASK 4 – Generate Alternative Strategies
TASK 5 – Develop Strategic Plan
TASK 6 - Develop Tactical Plan
TASK 7 – Assess Results of Strategic and Tactical Plan
TASK 8 – Repeat Planning Process

In the process, the police administrator can use the potent tool of alternatives. Alternatives (options) are means by
which goals and objectives can be attained. They maybe policies, strategies or specific actions aimed at eliminating a
problem. Alternative do not have to be substitutes for one another or should perform the same function. For example, our
goal is to “improve officer-survival skills.” The plan is to train the officers on militaristic and combat shooting. The
alternatives could be:

Alternative 1 – modify police vehicles

Alternative 2 – issuing bulletproof vests
Alternative 3 – utilizing computer assisted dispatch system
Alternative 4 – increasing first-line supervision, etc

FUNDAMENTALS OF POLICE PLANNING

What are the Objectives of Police Planning?

 To increase the chances of success by focusing on results and not so much on the objectives.
 To force analytical thinking and evaluation of alternatives for better decisions.
 To establish a framework for decision making consistent with the goal of the organization.
 To orient people to action instead of reaction.
 To modify the day-to-day style of operation to future management.
 To provide decision making with flexibility.
 To provide basis for measuring original accomplishments or individual performance.
 To increase employee and personnel involvement and to improve communication.

What can be expected in planning?

 Improve analysis of problems
  Provide better information for decision-making
 Help to clarify goals, objectives, priorities
 Result is more effective allocation of resources
 Improve inter-and intradepartmental cooperation and coordination
 Improve the performance of programs
 Give the police department a clear sense of direction
 Provide the opportunity for greater public support
 Increase the commitment of personnel

What are the characteristics of a good police plan?

 With clearly defined Objectives or Goals

 Simplicity, Directness and Clarity
 Flexibility
 Possibility of Attainment
 Must provide Standard of Operation
 Economy in terms of Resources needed for implementation

Guidelines in Planning The five (5) W’s and one (1) H

 What to do – mission/objective
 Why to do – reason/philosophy
 When to do – date/time
 Where to do – place
 Who will do – people involve
 How to do – strategy

Responsibilities in Planning

Broad External Policy Planning – is the responsibility of the legislative branch of the government. The main concern of
the police in this broad external policy planning is assisting the legislature in their determining of police guideline through
the passage of appropriate laws or ordinances for the police to enforce.

Internal Policy Planning – is the responsibility of the C/PNP and other chiefs of the different units or headquarters
within their area of jurisdiction to achieve the objectives or mission of the police organization. They are responsible for
planning, organizing, staffing, directing, coordinating, controlling, reporting and budgeting for the police organization
within existing policies and available resources. For maximum police effectiveness, they shall be responsible for the
technical operation, of the police organization and management of its personnel.

Parts of a Police Operational Plan

 Security Classification
 Number of Copies and Pages
 Name of Headquarters
 Plan Title or Name
 Reference – The source of authority in formulating a plan is based on:
 Organizational Policy or Guidelines  Orders of Superior Officers or Authorities  Documents, maps, books,
etc.
 Situation – General Situation and Specific Situation

TYPES OF PLAN in general

Reactive Plans are developed as a result of crisis. A particular problem may occur for which the department has no plan
and must quickly develop one, sometimes without careful preparation.
Proactive Plans are developed in anticipation of problems. Although not all police problems are predictable, many are,
and it is possible for a police department to prepare a response in advance.

Visionary Plans are essential statements that identify the role of the police in the community and the future condition or
state to which the department can aspire. A vision may also include a statement of values to be used to guide the decision
making process in the department.

Strategic Plans are designed to meet the long-range, overall goals of the organization. Such plans allow the department to
adapt anticipated changes or develop a new philosophy or model of policing (e.g. community policing). One of the most
important aspects of strategic planning is to focus on external environmental factors that affect the goals and objectives of
the department and how they will be achieved. Important environmental factors include personnel needs, population
trends, technological innovations, business trends and demand, crime problems, and community attitudes.

Operational Plans are designed to meet the specific tasks requires to implement strategic plans.

There are four types of operational plan:

Standing Plans provide the basic framework for responding to organizational problems. The organizational vision and
values, strategic statement, policies, procedures, and rules and regulations are examples of standing plans. Standing plans
also include guidelines for responding to different types of incidents; for example, a civil disturbance, hostage situation,
crime in progress, and felony car stops.

Functional Plans include the framework for the operation of the major functional units in the organization, such as patrol
and investigations. It also includes the design of the structure, how different functions and units are to relate and
coordinate activities, and how resources are to be allocated.

Operational-efficiency, effectiveness, and productivity plans are essentially the measures or comparisons to be used to
assess police activities and behavior (outputs) and results (outcomes). If one of the goals of the police department is to
reduce the crime rate, any change that occurs can be compared to past crime rates in the same community or crime in
other communities, a state, or the nation. If the crime rates were reduced while holding or reducing costs, it would reflect
an improvement not only in effectiveness but also in departmental productivity.

Time-specific Plans are concerned with specific purpose and conclude when an objective is accomplished, or a problem
is solved. Specific police programs or projects such as drug crackdown, crime prevention program, and neighborhood
clean-up campaign are good examples of time-specific plans.

STEPS IN POLICE OPERATIONAL PLANNING

1. Frame of Reference – This shall based on a careful view of the matters relating to the situation for which plans
are being developed. Opinions or ideas of persons who may speak with authority of the subjects and views of the police
commanders, other government officials, and other professionals shall be considered.

2. Clarifying the Problems – This calls for the identification of the problems, understanding both its records and its
possible solution. A situation must exist for which something must and can be done. For example, an area in a city or mu-
nicipality is victimized by a series of robbers. There is a need for reaching the preliminary decision that robberies may be
reduced in the area, and that the pattern of operation, in general, is one by which the police can reduce them.

3. Collecting all Pertinent Facts – No attempt shall be made to develop a plan until all facts relating to it have been
carefully reviewed to determine the modus operandi, suspects, types of victims, and such other information as may be
necessary. Facts relating to such matters as availability, deployment, and the use of present personnel shall be gathered.

4. Developing the Facts – After all data have been gathered, a careful analysis and evaluation shall be made. These
provide the basis from which a plan or plans are evolved. Only such facts as any have relevance shall be considered.
5. Developing Alternative Plans – In the initial phases of plan development, several alternative measures shall ap-
pear to be logically comparable to the needs of a situation. As the alternative solutions are evaluated, one of the proposed
plans shall usually prove more logical than the others.

6. Selecting the Most Appropriate Alternative – A careful consideration of all facts usually leads to the selection of
the best alternative proposal.

7. Selling the Plans – A plan, to be effectively carried out, must be accepted by persons concerned at the appropriate
level of the plan’s development. For example, in a robbery case, the patrol division head may be preparing the plan. At
the outset, the detective chief is concerned and shall be consulted. As the planning develops, there may be a need it in-
volve the head of the personnel, records and communication units and all patrol officers.

8. Arranging for the Execution of the Plan – the execution of a plan requires the issuance of orders and directives to
units and personnel concern, the establishment of a schedule, and the provision of manpower and the equipment for carry-
ing out the plan. Briefing shall be held and assurance shall be received that all involved personnel understood when, how,
and what is to be done.

9. Evaluating the Effectiveness of the Plan – The results of the plan shall be determined. This is necessary in order
to know whether a correct alternative was chosen, whether the plan was correct, which phase was poorly implemented,
and whether additional planning may be necessary. Also, the effects of the executed plan or other operations and on total
police operations shall be determined. Follow-up is the control factor essential for effective command management.

How Operational plans are executed in the PNP?

The plans are made, same shall be put into operation and the result thereof evaluated accordingly. Operations in
the PNP shall be directed by the police commander to attain the following objectives:
(1) protection of persons and property.
(2) preservation of peace and order;
(3) prevention of crimes;
(4) repression of suppression of criminal activities;
(5) apprehension of criminals;
(6) enforcement of laws and ordinances and regulations of conduct;
(7) prompt execution of criminal writs and processes of the courts; and
(8) coordination and cooperation with other law enforcement agencies.

Prevention of Crimes – This activity requires the members of the PNP to mingle with the members of the
community where criminal activities originate and bred and criminalistic tendencies of individuals are motivated to
indulge in antisocial behavior; and seek to minimize the causes of crime. This activity or mission also requires the
individual members of the PNP to understand the people and the environment in which they live.

Repression or Suppression of Criminal Activities – This activity or mission emphasizes the presence of an
adequate patrol system including the continuous effort toward eliminating or reducing hazards as the principal means of
reducing the opportunities for criminal action. The saying “the mouse will play while the cat is away” is equally true in
law enforcement and in public safety. The presence of a policeman in uniform would be deterred or discouraged the
would-be criminal or would-be offender-regulations. Crime repression means the elimination of the opportunity that
exists on the part of the would-be criminal to commit a crime.

Preservation of Peace and Order – This activity or mission requires the individual members of the PNP to gain the
sympathy of the community to close ranks in combating crimes and any other anti-social behavior of the nonconformists
of the law and order. The community, therefore, should be informed through proper education, of their share and
involvement in law enforcement and public safety.

Protection of Lives Properties – The responsibilities of the members of the PNP in providing for the safety and
convenience of the public are analogous with those of the doctor. The doctor protects life by combating diseases while the
PNP promotes public safety of accidents and in guarding the citizen’s public safety by the elimination of hazards of
accidents and in guarding the citizens against the attacks of the bad elements of the society. The policeman though, has a
collateral responsibility in his obligation to protect life and property – a responsibility that is fundamental to every duty he
performs. The police have the obligation to preserve the citizen’s constitutional guarantees of liberty and the pursuit of
happiness.

Enforcement of Laws and Ordinances - these activities and mission requires the members of the PNP to
constructively integrate or enforce and implement the laws of the land and city/municipal ordinances without regard to the
personal circumstances of the individual citizens and any other persons sojourning in the Philippines. This is to provide
tranquility among members of society. These also include the regulations of non-criminal conduct, specifically to obtain
compliance through education of the public in the dangers inherent in the disobedience of regulations. This makes use of
warnings, either oral or written, which informs the citizen but not to personalize.

Apprehension of Criminals – this activity defines specifically the power of the police as possessed by every
member of the integrated police, as a means to discourage the would-be offender. The consequence of arrest and
prosecution has a deterrent effect intended to make crime or any unlawful act less worthwhile. Consequently,
apprehension and the imposition of punishment for the corresponding unlawful act are committed, lessens repetition by
causing suspects to be incarcerated, and provides an opportunity for reformation of those convicted by final judgment.
This activity also includes the recovery of stolen property in order to restrain those who are accessories to the crime and
thereby benefiting from the gains of crime.

Coordination and Cooperation with other Agencies – This activity requires the duty of a commander of any unit
of the PNP and its unit subordinates to establish report or good relationship with other law enforcement agencies of the
government. Through rapport, a police station commander and his subordinate’s may be able to maintain a harmonious
working relationship with other law enforcement agencies of the government whereby coordination and cooperation
between them maybe established. Coordination is an essential conduct of command.

Safeguard Public Health and Morals – This involves many activities or mission peripheral to basic law
enforcement and public safety. Such as for instance, sanitation, search and rescue operations, licensing, inspection of
buildings in order to determine whether or not the Presidential Decree on fire prevention is strictly obeyed. This also
includes supervising elections, escorts duties, civic actions, and many other activities or missions related to law-
enforcement and public safety.

SAMPLE OF POLICE PLANS and the PNP Programs and Strategies

The acronym SMART describing the characteristics of a Plan:

S – IMPLE
M – EASURABLE
A – TTAINABLE
R – EALISTIC
T – IME BOUND The acronym POLICE 2000 also describes another police plan:
P – REVENTION and suppression of crime through community oriented policing system
O – ODER, maintenance, peacekeeping and internal security
L – AW enforcement without fear or favor
I - MAGE, credibility and common support
C – OORDINATION with other government agencies and non- government agencies organizations and internal securities
E – FFICIENCY and effectiveness in the development and management of human and material resources.

The acronym DREAMS stands for:

D – ISPERSAL of policeman from the headquarters to the street and enhancement of crime prevention program
R – ESTORATION of trust and confidence of the people on their police and gain community support
E – LIMINATION of street and neighborhood crimes and improvement of public safety
A – RREST of all criminal elements common or organized in coordination with the pillars of the CJS and other law
enforcement agencies
M – APPING up and removal of scalawags from the pole of ranks
S – TRENGHTENING the management and capability of the PNP to undertake or support the dreams operations and
activities

The Three Point Agenda known as ICU:

I – NEPT
C – ORRUPT
U – NDISCIPLINE

The acronym GLORIA stands for:

G – RAFT free organization

L – EADERSHIP by example
O – NE stop shop mechanism for a faster police response to complaints and reports
R – ESULT oriented culture in the anti-criminality effort
I – NVESTMENT climate, which is business friendly as a result of the peace and order A –
CCOUNTABILITY and ownership of peace and order campaign.

Crime Mapping
Crime mapping is used by analysts in law enforcement agencies to map, visualize, and analyze crime
incident patterns. It is a key component of crime analysis and the Comp Stat policing strategy. Mapping crime,
using Geographic Information Systems (GIS), allows crime analysts to identify crime hot spots, along with other
trends and patterns.

Crime mapping is a very important tool in managing and controlling crime in an area. By analyzing the
spatial and temporal data provided by maps investigator are able to understand the crime patterns and trend it
also help in resource allocation and in geographic profiling of criminals and suspicious locations. On the other hand
the paper bring out various disadvantages such as expensive technology involved and the tendency of not
reporting cases by local community to enhance effective flow of mapping the crime location.

A geographic information system (GIS) is a powerful

software tool that allows the user to create any kind of geographic
representation, from a simple point map to a three-dimensional
visualization of spatial or temporal data. For the purposes
of this book, the definition of a GIS is as follows:

A GIS is a set of computer-based tools that allows the user

to modify, visualize, query, and analyze geographic and tabular data.

A GIS is similar to a spreadsheet or word processing program in that the software provides a framework
and templates for data collection, collation, and analysis, and it is up to the user to decide what parts of the system
to use and how to use them. A GIS does more than enable the user to produce paper maps; it also allows him or her
to view the data behind geographic features, combine various features, manipulate the data and maps, and perform
statistical functions. Crime mapping is a term used in policing to refer to the process of conducting spatial analysis
within crime analysis. For the purposes of this book, the definition of crime mapping is as follows:
 Crime Analysis- is a law enforcement function that involves systematic analysis for identifying and
analyzing patterns and trends in crime and disorder. Information on patterns can help law enforcement
agencies deploy resources in a more effective manner and assist detectives in identifying and apprehending
suspects.

Clarifying where different types of crime and other incidents occur is one of the many important functions
of crime analysis. Because of the unique nature of the software used and the prominence of geographic data in
crime mapping, this type of analysis is often discussed as though it is distinct from crime analysis; in reality,
however, crime mapping is a sub discipline of crime analysis. Crime mapping serves three main functions within
crime analysis:

1. It facilitates visual and statistical analyses of the spatial nature of crime and other types of events.
2. It allows analysts to link unlike data sources together based on common geographic variables (e.g., linking cen-
sus information, school information, and crime data for a common area).
3. It provides maps that help to communicate analysis results.
Crime mapping is complementary to all forms of crime analysis in that it plays an important part in
almost every analysis.
Crime mapping does not stand alone; rather, it is a process that occurs within the larger process of crime analysis.
The following are some examples of how crime mapping is used within the three types of crime analysis that are
the focus of this book:
In tactical crime analysis, crime mapping is used to identify immediate patterns for crimes such as
residential and commercial burglary, auto theft, and theft from vehicles. For example, spatial analysis of auto theft
incidents may reveal clusters of activity at specific locations that might indicate a crime pattern.
In strategic crime analysis, crime mapping is utilized in long-term applications to analyze the
relationship between criminal activity and indicators of disorder, such as a high volume of vacant property or
disorder calls for service; to assist in geographic and temporal allocation of resources, such as patrol officer
scheduling and determination of patrol areas; to examine patterns of crime at or around specific locations, such as
schools, bars, or drug treatment centers; to calculate crime rate information, such as numbers of residential
burglaries per household; and to incorporate crime data with qualitative geographic information, such as
information on teenage hangouts, student pathways to school, or drug and prostitution markets.
In administrative crime analysis, crime mapping is a valuable tool used by police, researchers, and
media organizations to convey criminal activity information to the public. Web sites operated by police
departments and news organization routinely post maps that depict areas of crime, along with corresponding
tables and definitions. For example, a police agency can reduce citizen requests for neighborhood crime
information by placing monthly or weekly crime maps on a Web site that members of the public can access using
computers in their homes or at the local library.
Geographic Features
A geographic information system translates physical elements in the real world— such as roads,
buildings, lakes, and mountains—into forms that can be displayed, manipulated, and analyzed along with police
information such as crime, arrest, and traffic accident data. A GIS uses four types of features to represent objects
and locations in the real world; these are referred to as point, line, polygon, and image features.
Point Features

A point feature is a discrete location that is usually depicted on a GIS generated map by a symbol or label. A
point feature is analogous to a pin placed on a paper wall map. A GIS uses different symbols to depict the locations
of data relevant to the analysis, such as crimes, motor vehicle accidents, traffic signs, buildings, police beat stations,
and cell phone towers. Figure 4.2 shows circles on the map that could represent any of these types of locations.
Line Features
A line feature is a real-world element that can be represented on a map by a line or set of lines. The
lines represent streets. Other types of line features include rivers, streams, power lines, and bus routes.

Polygon Features
A polygon feature is a geographic area represented on a map by a multisided figure with a closed set of
lines. Polygons can represent areas as large as continents or as small as buildings; in GIS-generated maps they may
be used to depict county boundaries, city boundaries, parks, school campuses, or police districts. The five polygons
in Figure 4.3 might represent police districts in a city.

Image Features
An image feature on a GIS-generated map is a vertical photograph taken from a satellite or an airplane
that is digitized and placed within the appropriate coordinates. Such photos, which may appear in black and white
or color, show the details of streets, buildings, parking lots, and environmental features (landscaping). Figure 4.4 is
an example of an image feature, an aerial photograph of a residential neighborhood.

Types of Crime Mapping

Several types of mapping are used routinely in crime analysis. This section provides a brief introduction
to the various types of crime mapping to set the stage for the chapters that follow, which discuss the creation of
maps and their application to crime analysis in more detail.
Single-Symbol Mapping
In single-symbol maps, individual, uniform symbols represent features such as the locations of stores,
roads, or states. Single symbol map showing school locations and streets. An important thing to keep in mind about
single-symbol maps is that a GIS place all points on such a map that share the same address directly on top of one
another, making it impossible for the map to show how many points there really are. For example, if a middle
school and elementary school share the same address, the GIS will have placed two gray circles in the same spot, so
there is way someone looking at the map can see all the schools in the area. This drawback of single symbol
mapping is particularly relevant for the mapping of crime and other police data, because crime and other police-
related incidents often occur repeatedly at particular locations. Because of this, crime analysts use single symbol
mapping primarily to display geographic information in which there is no overlap; they employ other types of
maps to convey information about multiple incidents at particular locations.
In addition, single-symbol maps are not useful when analysts are dealing with large amounts of data.
Imagine the map with the locations of 100 schools marked. The points would overlap, and the map would be
difficult to read. Thus analysts use single-symbol maps primarily when they are working with relatively small
amounts of data that do not overlap. Police agencies also often use single-symbol maps to communicate the
locations of crimes within patterns to police personnel.

Buffers
A buffer is a specified area around a feature on a map. Buffers can be set at small distances, such as 50
feet, or larger distances, such as 500 miles, depending on the purpose and scale of the map. Buffers help in crime
analysis by illustrating the relative distances between features on a map. The example a park (polygon feature)
with a 500-foot buffer, which could be used to show whether drug arrests were made within 500 feet of the park.
Buffers can also be used as polygons for data aggregation and comparison. Figure 4.7 shows two buffers (500 feet
and 1000 feet) around nightclubs (point features), which analysts could use to compare incidents directly around
the nightclubs to those farther out to see whether the activity has a spillover effect on surrounding neighborhoods.

Graduated Mapping
Crime analysts often use graduated maps—that is, maps in which different sizes or colors of features
represent particular values of variables. In a graduated size map, the sizes of the symbols used for point and line
features reflect their value. As noted above, single-symbol maps are not appropriate for dis- playing data about
crimes that occur at the same locations repeatedly. Analysts use graduated size maps for this purpose, because
these maps can account for multiple incidents at the same locations. However, like singlesymbol maps, graduated
size maps are subject to overlapping points if too many data are analyzed at once.
Chart Mapping
Chart mapping allows the crime analyst to display several values within a particular variable at the same
time (e.g., variable crime, values robbery,   assault, and rape). There are two types of chart mapping: pie and
bar. In pie chart mapping, the relative percentages (represented by slices of a pie) of values within a variable are
displayed. Figure 4.10 is an example of a pie chart map that depicts fights, drugs, weapons, and disorderly conduct
incidents at nightclubs. The pies are placed at the locations of all the nightclubs in the area mapped, and the sizes
of the pies are graduated to depict the total occupancy capacities of the nightclubs, which provides a relative
comparison. Some of the nightclubs represented have had all four types of incidents, whereas others have had only
two or three of the four, and the percent- ages (slices) are based only on the frequencies of the values included (not
all types of incidents at all nightclubs).
In bar chart mapping, the relative frequencies (represented by bars) of values within variables are
displayed. In the example in Figure 4.11, bar charts are placed at the locations of the nightclubs in the area
mapped. This figure depicts the same data shown in Figure 4.10, but instead of percentages, the heights of the bars
show the frequencies of incidents.

Density Mapping
In density mapping, analysts use point data to shade surfaces that are not limited to area boundaries (as
is the case in graduated color mapping). In their most basic form, density maps are shaded according to the
concentration of incidents in particular areas. In the map shown in Figure 4.12, the darker colors represent areas
in which the incidents are more concentrated, and the lighter colors represent those in which the incidents are less
concentrated. Such maps are used to compare small variations in crime levels from one area to another rather than
to compare levels of crime within fixed artificial geographic boundaries, as in area maps.

Interactive Crime Mapping

Rather than a type of mapping, the term interactive crime mapping refers to simplified geographic
information systems made available to novice users over the Internet. Many police departments have interactive
Web sites where citizens and police officers can conduct basic crime mapping themselves. These applications
typically are not flexible or sophisticated enough to be useful to crime analysts.

Interactive mapping uses the GIS (Global Information System) to show pinpoint data on a map. Working in a
system of layers, the different levels of geographical information are placed on top of each other. Unlike static maps,
interactive maps have the advantage of a number of features designed to improve the display of a large amount of
complex data.