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Upholding Human Rights in Governance

The document discusses President Duterte's statement on human rights and argues that while patriotism is admirable, the President's actions must still conform to the law. Specifically, it argues that extrajudicial killings violate due process protections enshrined in the constitution. While criminals should be punished, due process and human rights must still be upheld to maintain a civilized society that respects human dignity.

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Jacqueline Leoncia Aliño
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106 views2 pages

Upholding Human Rights in Governance

The document discusses President Duterte's statement on human rights and argues that while patriotism is admirable, the President's actions must still conform to the law. Specifically, it argues that extrajudicial killings violate due process protections enshrined in the constitution. While criminals should be punished, due process and human rights must still be upheld to maintain a civilized society that respects human dignity.

Uploaded by

Jacqueline Leoncia Aliño
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

JACQUELINE LEONCIA M.

ALINO
LLM, San Beda College

“Human rights must work to uplift human dignity. But human rights cannot be

used as a shield or an excuse to destroy the country — your country and my

country.” President Rodrigo Roa Duterte

In his first State of the Nation Address, the 16th President of the

Philippine Republic declared the afore-cited quote. The statement appeals

greatly to one’s emotions. It rouses patriotism. Most agreed that the first part

of the statement is spot-on and fitting. However, many have argued that the

latter part is flawed and offensive.

While the President’s will and determination to lead the country

towards glorious heights is admirable, the path he chooses to take and the

measures he uses to reach such heights are problematic- for one, the

seemingly State-sanctioned extrajudicial killings to advance the peace and

order situation. As a lawyer who took an oath “to support the Constitution and

obey laws as well as the legal orders of the duly constituted authorities,” I

cannot acquiesce to the notion that human rights can be used to constrain the

government from achieving its lawful ends.

We live under the rule of law. Under this principle of governance, all

persons, institutions and entities, public and private, including the State itself,

are accountable to laws that are publicly promulgated, equally enforced and

independently adjudicated1. In other words, no one is above the law. Yes, not

even the President is above the law. As such, his actions and chosen measures

must conform to established laws.

1
[Link]
JACQUELINE LEONCIA M. ALINO
LLM, San Beda College

The Constitution, our fundamental law, enshrines due process. Section 1

of the Bill of Rights is unequivocal: “No person shall be deprived of life, liberty

or property without due process of law.” Evidently, there is no due process in

summary executions as the victims are deprived of all their rights outright

and upfront in an instant.

The Chief Executive is not solely the President of law-abiding Filipino

citizens. He too is the President of law-breakers and criminals. Furthermore,

the “person” described in the Bill of Rights also includes “bad” persons.

Nowhere in the Constitution has the protection been limited to “virtuous”

persons. I do not condone or applaud criminals. They must be punished

accordingly. Appropriate penalties must be meted against them. Perhaps, if

the State thorough the legislature thinks it is wise, death penalty may even be

imposed. However, in enforcing punishments and penalties, due process must

be observed and human rights must be upheld. For a civilized society which

recognizes human dignity and his rights, this is the only way forward.

JACQUELINE LEONCIA M. ALINO

LLM, San Beda College

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