“Army Vision: By 2028, a world-class Army that is a source of national pride”.

HEADQUARTERS
NCR REGIONAL COMMUNITY DEFENSE GROUP
ARMY RESERVE COMMAND
Fort Andres Bonifacio, Metro Manila

Honor. Patriotism. Duty

• Human rights are generally defined as those rights, which are inherent in our
nature, and without which, we cannot live as human beings.

• HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ALLOW US TO DEVELOP

AND USE OUR HUMAN QUALITIES, INTELLIGENCE, TALENTS AND
CONSCIENCE, AND TO SATISFY OUR SPIRITUAL AND OTHER NEEDS. THE
DIGNITY OF MAN AND HUMAN LIFE IS INVIOLABLE.
• THE DENIAL OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS NOT
ONLY IS AN INDIVIDUAL AND PERSONAL TRAGEDY, BUT ALSO CREATES
SOCIAL AND POLITICAL UNREST, SOWING THE SEEDS OF VIOLENCE AND
CONFLICT WITHIN A BETWEEN SOCIETIES AND NATIONS. AS THE FIRST
SENTENCE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS STATES,
“RESPECT FOR HUMAN RIGHTS AND HUMAN DIGNITY IS THE FOUNDATION
OF FREEDOM, JUSTICE AND PEACE IN THE WORLD.”
A. Philippine commission on Human rights’
Human rights are supreme, inherent and inalienable rights to life, dignity and self-development.
B. Man’s responsibility in Human Society
While freedom gives man the right to make moral decisions, he is responsible for doing so and
has to answer to his own conscience.

C. Basic characteristics of Human Rights

Human rights are generally characterized as inherent, fundamental, inalienable, imprescriptibly,
indivisible, universal and interdependent.

D. Civil and Political Rights as applied in the Philippines

The ideal of free human beings enjoying civil and political freedom and freedom from fear and
want can only be achieved if conditions are created whereby everyone may enjoy civil and political
rights as well as his economic, social and cultural rights.”
• Right of Self – Determination

• Includes the right to freely determine their political status and to pursue their
economic, social and cultural development (art. I, sec.1).
• To prevent foreign influence, a provision in the 1986 Philippine Constitution now
reads:

• “The state shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.” (Art. Ii, sec. 7)
 The most basic human rights from which other rights flow is the right to life. Art.
3 of the universal declaration of human rights states “ everyone has the right to life,
liberty and security of persons.”
Death penalty. No person, not event he state authority, has the right to take
the life of a person except in the cases of heinous crimes.

Admonition on death penalty. In his encyclical, evangelium vitae (gospel of

life,), issued on 25 march 1995, Pope John Paul ii admonished that modern society
now has all the means of effectively suppressing all crimes by rendering criminals
harmless without definitely denying them the chance to reform.
 Euthanasia—mercy killing. Another form of the deprivation of life is the practice
of euthanasia. “Euthanasia” mean the decision of a person who is terminally ill with
little hope of recovering may give his consent to a physician to terminal his life or to
withdraw all life support or medicine.

Abortion. Whether intentional or unintentional expulsion of the fetus from the

woman’s womb before the term of its viability is another violation of the right to life.

Prohibition of slavery and involuntary servitude. Slavery has been a legalized

institution since the ancient Roman law period.
 Article 8 of the covenant states:

“No one shall be held in slavery and slave trade in all forms shall be
prohibited.”

Involuntary servitude - forced labor

The Philippine constitution states,

“No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.” (art. I, sec. 18 [2])
• Exception on forced labor. Forced or compulsory labor is not absolutely
prohibited. Under article, 8 section 3(b) of the convention on civil and political
rights, forced or hard labor is legally allowed in countries where imprisonment for
hard labor may be imposed as a punishment for crime; for work as ordered by a
competent court or work required of a detained prisoner upon lawful order of court
or as a condition to his release; or service in a military character or national
service exacted in cases of emergencies or calamities or as part of normal civil
obligation.
• Torture, cruel, inhuman or degrading treatment and punishment. “no one
shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to
medical or scientific experimentation” (art 7, political covenant).
• Equality before the law. “All persons are equal before the law and are
entitled without any discrimination to the equal protection of the law” (art. 26,
political covenant).
• Arbitrary arrest and detention. “Every one 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” (art. 9 covenant).
• Warrantles arrest. There are instances when any state police
officer or private person, without judicial warrant, may arrest a person who, (1) has
committed or is actually committing, or attempting to commit an offense in his
presence (2) when an offense was committed and he has personal knowledge
that the person to be arrested has committed the offense, (3) a prisoner who has
escaped. (Rule 113, sec. 5, rules of court.)
• Military or police checkpoint. The practice of the police or the military of
maintaining checkpoints are some street corners and searching a person passing
or stopping a vehicle to conduct searches has been constituted as violation human
rights.

Rights of the arrested or detained Person

• “Any person arrested by police or military authorities should be informed, at the
time of arrest, of the reasons of his arrest. He should be brought promptly before
a judge or other officer authorized by law to exercise judicial power.

• He shall be entitled to appropriate proceedings before a court, i order that the

court may decide without delay on the lawfulness of his detention, and order his
release if the detention is not lawful. A victim of unlawful arrest or detention shall
have an enforceable right to compensation.” (Art. 9, political covenant)
• Miranda doctrine. Promulgated by the u.s. supreme court in Miranda vs. Arizona,
384 u.s. 436 (1960), ruling that during the investigation of a detained person, he
has the right to be informed of the charges against him and to be assisted by an
independent and competent counsel of his own choice when making a statement.
• The accused is entitled to public trial by an impartial tribunal (art. 9, political
covenant).

The Philippine constitution has a corresponding provision, which reads:

• “In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proves, 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 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”
(art. Iii, sec. 14[2]).
• The right of the accused to meet the witnesses face to face is intended
to give the accused the opportunity to cross-examine them. The said
provisions are implanted in more detail under Rule 113 of the Rules of court
of the Philippines.
• Self-incrimination. Article 14, section 3 (g) of the Philippine constitution
reads:
• “A person may not be compelled to testify against himself or to confess guilt”.

• Presumption of innocence. One of the important rights of the accused is his

right to be presumed innocent (art. 2, sec. 14, political covenant). Article iii,
section 14(2) of the Philippine constitution likewise provides for presumption of
innocence of the accused until the contrary is proved.
• The right of appeal is not expressly provided for in the Philippine constitution but it
is considered as a necessary requirement of due process if it is granted by the
statute as a means of correcting possible substantial error committed by the trial
court.
• DOUBLE JEOPARDY. “No one shall be liable to be tried or punished again
for an offence for which he has already been finally convicted or acquitted in
accordance with the law and penal procedure of each country”. (art 14, sec. 7,
political covenant.)
• Bail. Is a security filed by an accused for his temporary release (rule 114,
rules, of court). An accused is entitled to bail except when he is charged of a
crime punishable by life or death sentence and the evidence is strong (art. Ii, sec.
13, Philippine constitution).
Right to Appeal One’s conviction of a Crime
• “Every one convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law” (art. 14, sec. 5,
political covenant.).
• Article 14, Section 6 of the Covenant states that when a person has a
final conviction of criminal offense and when subsequently, his conviction
has been reversed or he has been pardoned on a ground that a new or newly
discovered fact shows conclusively that these has been a miscarriage of
justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law.
• Special procedures for juveniles. “In the case of the juvenile person, the
procedure shall be such as will take account of their age and the desirability of
promoting their rehabilitation” (art. 14, sec. 4, covenant).
• “Every child deprived of his liberty shall have the right to prompt access to
legal and other appropriate assistance” (art. 37[d], convention on the rights of the
child.)
• Prohibition against ex-post facto law. “No one shall be held guilty of any
criminal offence on account of any act or omission which did not constitute a
criminal offense, 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 when the criminal offence was committed. If, subsequent to
the commission of the offence, provision is made by law for the imposition of the
lighter penalty, the offender shall benefit thereby” (art 15, sec. 1, political covenant)
• Ex post facto law means a statute which renders a previously innocent
act a criminal offense, aggravates or increases the punishment for a crime or
alters the rules of evidence, or deprives an accused of some protection or
defense previously available.
• “No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honor and
reputation.” (Art. 17, sec. 1, covenant).
• Freedom of movement and choice of domicile. Everyone lawfully within the
territory of the state, shall, within the territory, have the right to liberty of movement
and freedom to choose his residence.

• Asylum. Everyone has the right to seek and enjoy in other countries asylum
due to political persecution by his/her country. Asylum means the granting of
sanctuary by state to persons politically persecuted in his own country.
• Everyone has the right to nationality and no one shall be arbitrarily deprived of his
nationality (art. 15, universal declaration of human rights). Nationality has a
broader meaning than citizenship in political law.
END OF PRESENTATION