1

Human Rights
 General Principles,
Nature and Definition of
Human Rights
 “
“To deny people their
human rights is to
challenge their very
humanity.”
Nelson Mandela,

7
 Introduction
10
All human beings upon birth automatically belong to a
society. They are born free, equal and human dignity and rights. The
first society he belongs to is his family, then at higher levels, to his
neighborhood, his municipality, his country and the international
General
community. The rights he is entitled to are enjoyed without any
Principles,
Nature distinction as to race, color, sex, language, religion, origin and social
and Definition status.
of History has shown that as man started to live in a society, his
Human Rights
inherent rights began to be violated by his own fellowmen. The state
authorities who are supposed to protect his rights are even his
persecutors.
Human Rights
Education
 Introduction
13
Human rights are generally defined as those
rights which are inherent in our nature, and without
which, we cannot live as human beings.
General
Principles, According to Philippine Commission on Human
Nature Rights, human rights are supreme, inherent and
and Definition
of inalienable rights to life, dignity and self-
Human Rights development. It is the essence of these rights that
makes man human.

Human Rights
Education
 Basic Characteristics of Human Rights
16
1. Inherent- Human rights are not granted by any person of
authority.
2. Fundamental- without human wights, the life and dignity of
General man will be meaningless.
Principles, 3. Inalienable- human rights cannot be rightfully taken away
Nature
and Definition from a free individual.
of 4. Imprescriptible- human rights cannot be lost even by long
Human Rights
passage of time.

Human Rights
Education
 Basic Characteristics of Human Rights
19
5. Indivisible- human rights are not capable of being
divided.
6. Universal- human rights are universal to all human
General
Principles, beings irrespective of their origin, status or condition
Nature or place where they live.
and Definition
of 7. Interdependent- the fulfillment of one (human
Human Rights
right) cannot be had without the realization of the
other.
Human Rights
Education
 Classification of Rights
22 ◈ According to source: ◈ According to struggle for
⬩ Natural rights recognition:
⬩ Constitutional rights ⬩ First generation rights
⬩ Statutory rights ⬩ Second generation rights
◈ According to recipient: ⬩ Third generation rights
General
Principles, ⬩ Individual rights ◈ According to derogability:
Nature ⬩ Collective rights ⬩ Absolute or non-derogable
and Definition ◈ According to aspect of life: ⬩ Derogable or can-be-
of ⬩ Civil rights limited
Human Rights ⬩ Political rights
⬩ Economic rights
⬩ Social rights
⬩ Cultural rights
Human Rights
Education
 According to source:
25
◈ Natural rights are God-given rights, acknowledged by
everybody to be morally good. They are unwritten,
but they prevail as norms of the society.
General ◈ Constitutional right are those rights which are
Principles,
Nature conferred and protected by the Constitution and
and Definition which cannot be modified or taken away by the law-
of
Human Rights making body.
◈ Statutory rights- statute

Human Rights
Education
 According to recipient:
28
◈ Individual rights are those rights being accorded
to individuals.
◈ Collective rights also called “people’s right” or
General
Principles, “solidary right” are rights of the society, those
Nature that can be enjoyed only in company with others.
and Definition
of
Human Rights

Human Rights
Education
 According to aspects of life:
31
◈ Civil rights are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to
them the enjoyment of their means of happiness.
◈ Political rights are those rights which enable us to participate in
General
Principles, running the affairs of the government either directly or
Nature indirectly.
and Definition ◈ Economic and social rights are those which the law confers
of
upon the people to enable them to achieve social and economic
Human Rights
development, thereby ensuring them of their well-being,
happiness and financial security.

Human Rights
Education
 According to struggle of recognition:
34
The FIRST GENERATION OF HUMAN RIGHTS covers civil
and political rights which derives primarily from the 17th
and 18th centuries reformist theories and which are
General associated with the English, American and English
Principles,
Nature
Revolutions. It conceives human rights more on negative
and Definition (“freedom from”) than positive (“rights to”) terms; it
of favors the abstention rather than the intervention of the
Human Rights
government in the exercise of freedoms and in the quest
for human dignity.

Human Rights
Education
 According to struggle of recognition:
37
❖The SECOND GENERATION OF HUMAN RIGHTS
covers economic, social and cultural rights which find
their origin primarily in the socialist tradition and
General
Principles,
have been variously promoted by the revolutionary
Nature struggles and welfare movements. It conceives
and Definition
of
human rights more in positive terms, i.e. “right to…”
Human Rights they are fundamental claims to social equality.

Human Rights
Education
 According to struggle of recognition:
40
❖The THIRD GENERATION OF HUMAN RIGHTS covers
collective rights. While drawing upon, inter-linking and
reconceptualizing value demands associated with first
General and second generations of rights, it is best understood
Principles,
Nature as product, albeit one still in formation, of both the rise
and Definition and decline of the nation-States in the last half of the
of
Human Rights 20th century. An example is the right of the people to
development or healthy environment.

Human Rights
Education
 According to its derogability:
43
◈ Non- derogable or absolute rights are those that
cannot be suspended nor taken away nor restricted
or limited even in extreme emergency and even if the
General government invokes national security.
Principles,
Nature ◈ Derogable or relative rights may be may be
and Definition suspended or restricted or limited depending on the
of
Human Rights circumstances which call for the preservation of
social life.

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
46
◈ As Fundamental in Political Rights
◈ The Bill of Rights in the Philippine Constitution contains
these fundamental freedoms of the individual, such as the
General freedom of conscience and religion; freedom of thought,
Principles, belief, opinion and expression; freedom of the press and
Nature communication; freedom of association, freedom of
and Definition
of
peaceful assembly.
Human Rights ◈ They also includes the rights to privacy, reputation, and
human dignity (Art. III, Philippine Constitution; Art. 19, Civil
and Political Rights)
Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
49
◈ As Democratic Rights
◈ Human rights are also categorized as democratic
rights.
General
Principles, ◈ These rights are commonly exercised in a democratic
Nature state such as the right to vote and to participate in
and Definition
of
the electoral process, and the right to participate in
Human Rights public or government affairs (Arts 1 and 3, Philippine
Constitution; Arts. 2,4, and 5, Civil and Political
Rights)
Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
52
◈ As Mobility Rights
◈ That is the right to travel and to return to one’s
country, and the freedom of movement within
General
Principles, the country. These rights are national as well as
Nature international in character. (Art. 2, Civil and
and Definition
of Political Rights; Art. 3, Sec. 6, Philippine
Human Rights Constitution)

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
55
◈ As Right to Life, Liberty and Security of the Person
◈ This is the right to life, liberty and security of a person.
These rights represent the core of fundamental rights which
General relate to the right to physical and personal integrity,
Principles, consistent with human dignity.
Nature
and Definition ◈ They include the right to protection against political and
of other extrajudicial killings, the disappearances of persons,
Human Rights and torture and other cruel or inhuman or degrading
treatment or punishment (Art. 3, Sec. 1, Philippine
Constitution; Art. 6, Civil and Political Rights)
Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
58 ◈ As Legal Rights
◈ Legal rights include the freedom from arbitrary arrest
and detention and the protection against
General
unreasonable search and seizure, right to counsel,
Principles, right to fair and public trial,
Nature ◈ Presumption of innocence, and the right against self-
and Definition
of
incrimination.
Human Rights ◈ These rights constitute due process that can be
invoked by persons accused

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
61
◈ As Rights of Equality
◈ OR right against discrimination.
◈ Everyone is equal before the law and is entitled to equal
General protection or the equal benefit of law.
Principles,
Nature ◈ It includes the protection against discrimination on the
and Definition grounds of sex, race, religion, ethnic origin, age, marital
of status and political and social condition
Human Rights
◈ (Art. 3, Sec. 1 Philippine Constitution; Art. 32, Civil Code;
Arts. 2 & 4, Convention on Racial Discrimination)

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
64
◈ As Reproductive Rights
◈ These rights include the right to found a family and
bear children, to gender sensitivity, and biomedical
General technology, and to family planning.
Principles,
Nature ◈ While, Article XV, Sec 3 of the Philippine Constitution
and Definition
of
guarantees the right to found a family, it prohibits
Human Rights the right to abortion in view of art II, Sec 12 which
guarantees the protection of the life of the unborn.

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
67
◈ As Protective Rights of Persons in Armed Conflict
◈ These rights are provided in the international humanitarian
law for the protection of children, women, and non-
General combatants during internal armed conflicts
Principles,
Nature
and Definition
◈ As Right of Self-Determination
of ◈ This right was asserted by colonial peoples in their struggle
Human Rights for independence. This means the right of people to be free
from colonial rule and decide their own destiny

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
70
◈ As Economic, Social and Cultural Rights
◈ They are more standards to be observed by the state.
◈ These rights include the right to social security, social
General insurance, protection and assistance to the family, the right
Principles, to an adequate standard of living, adequate food, clothing,
Nature
and Definition and housing, and the right to physical and mental health.
of ◈ They also include the right to education and the right to be
Human Rights part of the artistic and scientific life of the country.

Human Rights
Education
 CATEGORIES OF HUMAN RIGHTS
73
◈ As Workers Rights
Which include the right to association, the right to organize unions, to
bargain collectively, the prohibition of employment of children, and the
guarantee of minimum wages and other support
General
Principles, ◈ As Aboriginal Rights
Nature These rights are associated with the right of indigenous cultural tribes
and Definition or communities
of
Human Rights ◈ As Minority Group Rights
These rights include the protection of ethnic, linguistic and religious
minorities

Human Rights
Education
 References:
76

◈ Coquia, J. R. Human Rights, An Introductory

Course.
◈ Dela Cruz J. M. and Florendo A. M.,
Understanding Human Rights and
International Humanitarian Law. Wiseman’s
Books Trading, Inc., Quezon City, Philippines.
 History, Theory of Sources
and Development of Human
Rights
 “
“Human rights are as old as
human society, they are rights
man asserted at the beginning
against injustices of tyrannical
rulers of ancient nations and
the royal autocratic kings and
princes of the medieval era –
the nine theories of sources of
human rights.”
82
 HISTORY
85
◈ Human rights, originally known as “Rights of Man” are asserted by
the citizens against tyrannical governments.
◈ From the tyrannical rulers of the ancient Greece to the royal
History, autocracy of kings and princes of the Middle Ages men began to
Theory resist injustices they have long suffered. Men revolted against the
of concept of the “Divine Right of Kings”.
Sources
◈ SOCRATES, considered the Father of Philosophy, was a victim of
and
Development Human Rights Violation. He was accused of corrupting the youths
of of the Athens by teaching things not in accord with the popular
Human Rights mythology. He was ccondemned to die to drink the deadly
hemlock.
Human Rights
Education
 HISTORY
88
◈ ARISTOTLE the foremost Greek philosopher did not favor slave
ownership but history has shown that slavery become a legalized
institution. The Ancient Romans who were known as law-givers,
formulated excellent legal codes BUT LEGALIZED THE POSSESION OF
History, SLAVES IN THE ROMAN LAW.
Theory
of ◈ In the Middle Ages, the Great English document, MAGNA CARTA, was
Sources delivered by King John on June 9, 1215. Regarded as the first English
and Constitution, guaranteed personal liberties and civil rights.
Development ◈ The revolutionaries of England determined to prevent arbitrary royal
of rule laid down the Bill of Rights of 1689 such as freedom from cruel
Human Rights and unusual punishments and excessive fines.

Human Rights
Education
 HISTORY
91
◈ The Americans revolting against the English King declared their won
Bill of Rights of Rights which they adopted in 1766, asserting that all
men are by nature fully free and independent, and have certain
inherent rights such as enjoyment of life and liberty, the means of
History,
acquiring and possessing of properties, and obtaining happiness.
Theory
of ◈ French Revolutionaries in 1789, revolting against their tyrannical
Sources King, proclaimed the “Declaration of the Rights of Man” previously
and denied them by the rulers.
Development ◈ Eventually, most democratic countries adopted their respective
of
constitutions, laws and statutes, the principles of the constitutional
Human Rights
guarantees in the Bill of Rights.

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
94
◈ Religious or Theological Theory
⬩ Dignity of man as a consequence of human
rights
History, ⬩ Divine source gives human beings a high value
Theory
of of worth.
Sources ⬩ These rights are inalienable and cannot be
and denied by human beings.
⬩ The Theological Approach is valid as long as
Development
of
Human Rights men believe that God created them.

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
97
◈ The Natural Law Theory
⬩ Originated from stoics and elaborated by the Greek Philosophers
⬩ PLATO and ARISTOTLE, ANCIENT ROMAN LAW JURISTS – perceives
that the conduct of men must always conform to the law of nature.
History,
⬩ THOMAS AQUINAS – (Medieval Philosopher) considered natural
Theory
of
law as law of right reason in accordance with the law of God.
Sources ⬩ HUGO GROTIUS – considered the father of International Law
and ⬩ The idea of Human Rights appeals to everyone whatever culture or
Development religion one belongs to.
of
Human Rights

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
100
❖The Natural Law Theory
⬩ JOHN LOCKE – envisioned human beings in a state of nature. In that state,
they enjoyed life, liberty, and property which are deemed natural rights.
⬩ The theory of Natural law became the basis of the natural rights of man
History, against oppressive rulers.
Theory ⬩ When the NAZI ARMY GENERAL were prosecuted for various offences such
of as mass killing of children, women and non-combatants and genocide, they
Sources put up a defense of “nullum crimen sine lege” that is “there is no crime
and unless there is a pre-existing law condemning the act as a crime”.
Development ⬩ The main characteristics of natural law is that it leaves vague what is part
of of the law of nations, and therefore, is alienable.
Human Rights

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
103
◈ HISTORICAL THEORY
⬩ Existed through the common consciousness of
History,
the people of what is right and what is wrong.
Theory ⬩ They believe human rights exist through
of
Sources
evolutionary process
and
Development
of
Human Rights

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
106
◈ FUNCTIONAL OR SOCIOLOGICAL APPROACH
⬩ Exist as means of social control
⬩ Human Rights exist to serve the social interests of society
⬩ It is the pragmatic principle, WILLIAM JAMES advocated that the
History,
essence of law is simply to satisfy the needs of the people.
Theory
⬩ This approach was developed in the early 20th century when there
of
Sources were demands for a variety of wants occasioned by the
and development of a society as help for the unemployed, the
Development handicapped, the underprivileged, minorities and other
of disadvantaged groups.
Human Rights ⬩ This approach is now to focus on rights in terms of people’s wants
and concern.
Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
109
◈ THE POSITIVIST THEORY
⬩ Known as legal positivism states that all rights
and authority come from the state and what
History, officials have promulgated.
⬩ JEREMY BENTHAM and JOHN AUSTIN –
Theory
of
Sources foremost positivists who had been advocates
and of law reform, stressed the state’s legal
Development
of process to bear upon the protection of human
Human Rights rights.

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
112
◈ THE MARXIST THEORY
⬩ This theory emphasizes the interest of society over an
individual man’s interest.
History, ⬩ Individual freedom is recognized only after the interest
Theory of society is served.
of
⬩ Marx regarded the approach as Idealistic
Sources
and ⬩ The economic and social rights in many international
Development instruments of human rights are claimed to be due to
of the Marxist theory of equitable distribution of wealth
Human Rights
and economic resources.

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
115
◈ THEORY BASED ON EQUALITY AND RESPECT
⬩ Equality with respect to basic liberty means
History,
the recognition of individual rights in the
Theory enjoyment of basic freedoms such as freedom
of
Sources
of speech, religion, assembly, fair trial and
and access to courts.
Development
of
Human Rights

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
118
◈ THEORY BASED ON JUSTICE
⬩ JUSTICE – The greatest interest of man.
⬩ Respect for human rights serves the end of justice.
History, ⬩ Each person possesses inviolability founded on justice.
Theory ⬩ JOHN RAWLS in his theory of justice, said that the first
of
Sources
virtue of any social institution is justice. Rawls’s theory
and is that each person possesses inviolability founded on
Development justice, and when the liberties of equal citizenship are
of settled.
Human Rights

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
121
◈ Theory Based on Dignity of Man
⬩ Professors McDougal and Laswell
⬩ The so-called value-oriented approach based on
History, protection of human dignity.
Theory ⬩ “This theory proceeds on the premise that human
of rights means sharing values of all identified,means
Sources sharing values of all identified policies upon which
and
Development
human rights depends on ( McDougal, Laswell and
of and Chess, Human Rights and Wolrd Public
Human Rights Oder(1908).”

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
124
Utilitarian Theory (Jeremy Bentham)
▪ The utilitarian theory, mainly based on the philosophy of English jurist
Jeremy Bentham, seeks to define the notion of right in terms of tendencies
to promote specified ends such as common goods.
History,
Theory ▪ Bentham believes that every human decision was motivated by some
of calculation of pleasure and pain.
Sources ▪ The goal is to promote the greatest happiness of the greatest number
and
Development ▪ Government are to be judged not by reference to individual rights first in
of terms of their tendencies to promote the greatest happiness to the
Human Rights greatest number.
▪ Under this doctrine , everyone is counted equally.

Human Rights
Education
 THEORIES OF SOURCES OF RIGHTS
127
Utilitarian Theory (Rudolf Ikering)
▪ The utilitarian theory, mainly based on the philosophy of English jurist
Jeremy Bentham, seeks to define the notion of right in terms of
tendencies to promote specified ends such as common goods.
History,
▪ Bentham believes that every human decision was motivated by some
Theory
of calculation of pleasure and pain.
Sources ▪ The goal is to promote the greatest happiness of the greatest number .
and ▪ Government are to be judged not by reference to individual rights first
Development in terms of their tendencies to promote the greatest happiness to the
of greatest number.
Human Rights ▪ Under this doctrine , everyone is counted equally.

Human Rights
Education
 HUMAN RIGHTS AS AN INTERNATIONAL CONCERN
130
⬩ The struggle for the respect of human rights was originally a
domestic or national issue.
⬩ The Citizens of the state asserted their unending rights against
History, their tyrannical rulers.
Theory ⬩ The atrocities committed on masses of people during World
of War II have convinced international jurists that the protection
Sources
and
of human rights should be an international concern.
Development ⬩ It was for this reason that one of the objectives of United
of Nations was “the reaffirmation in fundamental human person
Human Rights and dignity and worth of the human person”.

Human Rights
Education
 HUMAN RIGHTS AS AN INTERNATIONAL CONCERN
133
⬩ December 10, 1948 the basic norms and standards of the
human rights were proclaimed through the Universal
Declaration of Human Rights.
History, ⬩ As mere declaration its provisions were not legally binding on
Theory States hence, in 1966 the International Covenant on Civil and
of Political Rights, amplifying the human rights principles in the
Sources
Universal Declaration was adopted.
and
Development ⬩ The human rights cncept was further broadened with the
of adoptation of International Covenant on Economic, Social and
Human Rights Cultural Rights in the same year.

Human Rights
Education
 HUMAN RIGHTS AS AN INTERNATIONAL CONCERN
136
⬩ The human rights provision of the United Nation Charter, the
Universal Declaration of Human Rights and these two Covenants are
known as the International Bill of Human Rights.
History, ⬩ “Human Rights became an international concern and is now a subject
Theory of International Law” (Luard,” The Origin of International Concern
of Over Human Rights”,Human Rights in International Law, Legal and
Sources Political Issues ed. by T. Meron, Oxford UniversityPress 1989)”
and ⬩ “Respect for human rights mainly concerns individuals without
Development
distinction as to nationality or citizenship. Violation of human rights
of
Human Rights are offenses without borders.”

Human Rights
Education
 ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
139
◈ Jose Rizal, the national hero of the Philippines was
the first and foremost victim of human rights
violation in the country.
History,
Theory ◈ For his written works denouncing the absuses of the
of spanish authorities and church friars commited on
Sources
and the Filipinos, he was arbitrarily arrested and tried by
Development his own persecutors and was executed at
of
Human Rights
Bagumbayan in December 30, 1896.

Human Rights
Education
 ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
142
◈ Malolos Constitution
⬩ Adopted on June 20,1899
⬩ Established a republican government,
History, contained several provisions on city and
Theory
of political rights, guaranteeing freedom from
Sources arbitrary arrest and detention, from search
and and seizures, to choose dominicile and
Development
of freedom of religon.
Human Rights ⬩ (Arts. 6,8,9,10,11,12,13,14 and 15)

Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
145
⬩ President McKinley directed the application of
American Bill of Rights through his instruction to the
Philippine Commission in 1901.
History, ⬩ Philippine Anatomy Act of 1916, otherwise known as
Theory the Jones Law.
of
⬩ Philippine Independence Act of 1934, known as the
Sources
and Tydings-McDuffee Law.
Development ⬩ The first Philippine Constitution adopted in 1935 and
of reiterated in the 1973 Philippine Constitution
Human Rights
contained Bill of Rights.

Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
148
⬩ The Filipinos were temporarily deprived of the enjoyment of the
civil and political rights during the military rule of Japan from
1942-1944 but were restored immediately in 1945.
History, ⬩ The Filipinos were again subjected to violation of human rights
Theory during authoritarian rule of President Ferdinand E. Marcos. His
of Determination was terminated during February 1986 revolution.
Sources
⬩ A new constitution was adopted in 1986 and took effect in 1987,
and
Development this new constitution categorically states that the state values the
of dignity of every human person and guarantees full respect for
Human Rights human rights (Art. 3 [11]).

Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
151
⬩ The Philippines has the biggest number of ratification of human
rights instruments among the Asian States. Signed and ratified
or acceded to by the Philippines are the:
History, ⬩ International Covenant of Economic, Social and Cultural Rights
Theory (June 7,1974)
of ⬩ International Covenant on Civil and Political Rights (October 23,
Sources 1986)
and
Development
⬩ Optional Protocol International Covenant on Civil and Political
of Rights (August 22, 1989)
Human Rights ⬩ International Convention on the Elimination of All Forms of
Racial Discrimination (September 15, 1976)
Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
154
⬩ International Convention on the Suppression and
Punishment of the Crime of Apartheid (July 27, 1987)
⬩ International Convention againsy Apartheid (July 27,
History, 1987)
Theory ⬩ International Convention on the Elimination of All Forms
of of Discrimination Against Women (August 5, 1981)
Sources
⬩ Convention on the Political Rights of Women (September
and
Development 12, 1957) Convention on the Right of a Child (August 21,
of 1990)
Human Rights

Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
157
⬩ Slavery Convention of 1926 (July 12, 1955)
⬩ Protocol Amending the Slavery Convention (November 17,
1964)
History, ⬩ Supplementary Convention on the Abolition of Slavery, The
Theory Slave Trade and Institutions and Practices (November 17,
of 1965)
Sources
⬩ Convention on the Suppression of the Trafficking of Person
and
Development and the Exploitation of Others (September 19, 1952)
of ⬩ Convention on Against Torture and other Cruel, Inhuman or
Human Rights Degrading Treatment or Punishment (June 18, 1986)

Human Rights
Education
 U.S SOVEREIGNTY OVER THE PHILIPPINES
⬩ The Convention on the Consent of Marriage (January 21,
160

1965)
⬩ International Convention on the Protection of All
History, Migrant Workers and Members of their families
Theory (November 13, 1993)
of ⬩ Convention on the Nationality of Married Women,
Sources Convention on the Status of Stateless Persons (June 22,
and
Development
1955)
of ⬩ Convention Relating to the Status of Refugees (July 22,
Human Rights 1981)

Human Rights
Education
 Narrow Concept of Human Rights in the Philippines
163
⬩ MAGNA CARTA of 1215 ,the Bill of Right of the American
revolutionist referred to the guarantees of the enjoyment of
individual liberties such as freedom from arbitrary arrest and
History, detention , freedom of speech and of the press , and freedom
Theory of religion.
of
⬩ 1986 Philippine constitution (Art. XIII , Sec. 18 (1) of the
Sources
and constitution)
Development ⬩ The Commission on Human Rights is empowered to
of investigate “all forms of Human Rights violations involving
Human Rights
civil and political rights.”

Human Rights
Education
 Narrow Concept of Human Rights in the Philippines
166 ⬩ International Bill of Rights
⬩ Apparently the delegates who drafted the 1986 Constitution were
not fully aware of the broad concepts of Human Rights as
envisioned in the International Bill of Rights consisting of the
History, International Covenant of Civil and Political Rights in Economic,
Theory Social and Cultural Rights and the various international
of instrument on human rights adopted by the United Nation and
Sources
other international organizations.
and
Development ⬩ The delegates during the debate emphasized that at the moment
of the Constitution is limited only to civil and political right.
Human Rights

Human Rights
Education
 Narrow Concept of Human Rights in the Philippines
169
⬩ Philippine Supreme Court
⬩ In Cariño vs Commission on Human Rights, it ruled the most that may be
conceded on the Commission of Human Rights is the power to investigate.
(receive evidence and make findings of facts as regards claimed human rights
History, violation.
Theory ⬩ Simon vs Commission of Human Rights, (1994), when the court said that the
of constitution have envisioned a Commission on Human Rights that would focus its
Sources attention to the more sever cases of human rights violation.
and ⬩ The Court held in the Simon Case that the Demolition of stalls, sari – sari stores
Development and carinderia does not fall under the compartment of human rights violations
of involving civil and political rights envisioned by the Constitution. These rights falls
Human Rights under the economic, social and cultural rights.

Human Rights
Education
 Status of Human Rights in the Philippines
172
◈ Filipino people experienced series of violation of human rights defend himself.
From the colonial Spanish regime when there was economic and class
discrimination, the Filipinos suffered from the brutal Japanese occupation.
◈ In 1942-1945. Jose Rizal, the national hero imprisoned for his political ideas,
History, was tried by a partial tribunal and was given an opportunity to defend himself.
Theory He was sentenced to death in Bagumbayan.
of ◈ With the restoration of democracy in 1986, the Filipino people acceded to the
Sources international covenant on Civil and Political Rights. In adopting a new
and constitution a state, a policy as now provided in Article II, Section II which
Development reads:
of ◈ “The State values the dignity of every human person and guarantees full
Human Rights respect for human rights”

Human Rights
Education
 Status of Human Rights in the Philippines
175
◈ Philippine Foreign Policy on Human Rights
⬩ There is a further impression that there is not much political will
to protect human rights of the Filipino Nations working abroad
who are suffering from violation of their human rights.
History,
⬩ The General posture of the Department of Foreign Affairs, in
Theory
of
many instances, is to sacrifice the rights of Filipino Nationals
Sources who suffer violations of human rights abroad.
and ⬩ The Secretary of Foreign Affairs was quoted in the press that
Development the Filipino Nationals who are apprehended and detained by
of Saudi Arabian authorities for exercising their faith were to
Human Rights blame that there is no Religious freedom in that country.

Human Rights
Education
 References:
178

◈ Coquia, J. R. Human Rights, An Introductory

Course.
◈ Dela Cruz J. M. and Florendo A. M.,
Understanding Human Rights and
International Humanitarian Law. Wiseman’s
Books Trading, Inc., Quezon City, Philippines.
International Bill of Human
Rights
 “
“To reaffirm faith in fundamental
human rights and dignity and
worth of human being”
“promotion and encouragement
of respect for human rights and for
fundamental freedoms for all
without distinction as to race, sex,
language, or religion”- purpose of
United Nation

184
 Basic Objective of the United Nation
187
◈ UN promotes “universal respect for an observance
of human rights and fundamental freedoms” (UN
Charter Article 55(c) and 56)
International ◈ “may make recommendations for the purpose of
Bill
of
promoting respect for, and observance of, human
Human Rights rights and fundamental freedoms for all” (UN
Charter Article 62(2) Economic and Social Council)

Human Rights
Education
 Basic Objective of the United Nation
190
◈ Trusteeship System mandates “to encourage respect for
human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to
encourage recognition of the interdependence of the peoples
International of the world” (UN Charter Article 76)
Bill ◈ Suggests to the General Assembly to discuss any matter
of
Human Rights within the scope of the Charter which may concern human
rights. (-UN Charter Article 10)
◈ to blame that there is no Religious freedom in that country.

Human Rights
Education
 UN Commission on Human Rights
193
◈ - formally established by the Economic and Social
Council (ECOSOC)
◈ - assists ECOSOC in all matters relating to human
International rights
Bill
of ◈ - composed of 47 members
Human Rights
◈ - deals with all aspects of human rights issues

Human Rights
Education
 SUB-COMMISSION OF EXPERTS AND RAPPORTEURS
196
◈ Elected and empowered to undertake studies and to make
recommendations, to prevent discrimination,
◈ and to protect minority rights and fundamental freedoms.
◈ Special Rapporteurs or working groups are also appointed to deal
International with special topics such as;
Bill ◈ discrimination in education, religion and the administration of justice
of
◈ adverse consequences for human rights caused by political, military,
Human Rights
economic and other forms of assistance to colonial and racist
regimes
◈ the rights of the ethnic, religious and linguistic minorities

Human Rights
Education
 SUB-COMMISSION OF EXPERTS AND RAPPORTEURS
199
◈ issues related to self-determination
◈ the realization of economic, social and cultural rights
◈ the rights of indigenous populations
International ◈ the new international economic order and the promotion of
Bill human rights
of
◈ the right to adequate food as a human right
Human Rights
◈ the exploitation of child labor

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
202
◈ FREEDOM AND EQUALITY
◈ -more influenced by the natural rights theory
◈ - the first eight articles of the Declaration
International
Bill ◈ Article 1 states that: “All human beings are born
of free and equal in dignity. They are endowed with
Human Rights
reason and conscience and should act towards
one another with a spirit of brotherhoods.”

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
205
◈ LIBERTY, SECURITY AND RECOGNITION OF PERSONS
◈ -next 19 articles
◈ -deal with the civil and political rights
International ◈ -every individual must be recognized as a person before the
Bill law and be afforded equal protection of the law
of
◈ -every individual should enjoy freedom from arbitrary
Human Rights
arrests, illegal detention or exile

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
208
RIGHT TO PRIVACY
◈ - freedom from arbitrary interference with his privacy,
family, home or correspondence
◈ - freedom of movement and residence
International
Bill ◈ - right to leave any country (Art.12)
of
◈ - right to asylum
Human Rights

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
211
◈ NATIONALITY AND THE FAMILY
◈ -Every person has the right to a nationality, that is, to be a citizen of
his State.
◈ -right to marry and found a family
International
Bill ◈ RIGHT TO OWN PROPERTY
of
Human Rights ◈ -right to own property alone as well as in association with others
◈ -NO ONE shall be arbitrarily deprived of his property (Art.17)
◈ -ownership of external goods

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
214
◈ FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
◈ -freedom of thought and conscience
◈ -freedom of association for peaceful assembly
International ◈ -to participate in the gov’t affairs
Bill
of ◈ -entitled to equal access to public services (Arts.18 and
Human Rights 19)

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
217
◈ ECONOMIC, SOCIAL AND CULTURAL RIGHTS
◈ -right to social security
◈ -right to work the free choice of employment
International ◈ -right to equal pay for equal work
Bill ◈ -right to rest and leisure (Art.23)
of
Human Rights ◈ -right to form and join trade unions (Art.25)
◈ -right to maintain a standard of living adequate for his
health and well being

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
220
◈ RIGHTS TO EDUCATION AND CULTURAL DEVELOPMENT
⬩ - right to education
⬩ - parents prior right to choose the type of education of their
children (Art.26)
⬩ - right to freely participate in the cultural life of the
International
community
Bill
⬩ - protection of moral and material interests (Art.27)
of
Human Rights ◈ DEVELOPMENT OF PERSONALITY
⬩ Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can
be fully realized. (Art.28)

Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
223
◈ DEVELOPMENT OF PERSONALITY
⬩ ARTICLE 29
⬩ Everyone has duties to the community in which alone the free and
full development of his personality is possible.
⬩ In the exercise of his rights and freedoms, everyone shall be subject
International only to such limitations as are determined by law solely for the
Bill purpose of securing due recognition and respect for the rights and
of
freedoms of others and of meeting the just requirements of
Human Rights
morality, public order and the general welfare in a democratic
society.
⬩ These rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations.
Human Rights
Education
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS
A COMMON STANDARD
226 ◈ DEVELOPMENT OF PERSONALITY
⬩ Article 30
⬩ Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity or to
perform any act aimed at the destruction of any of the rights and
International freedoms set forth herein.
Bill ◈ ACHIEVEMENT FOR ALL NATIONS
of ⬩ serves as a common standard of achievement for all nations
Human Rights ⬩ no sanctions or enforcement machinery was set up.
⬩ most nations have recognized the principles of the Declaration
⬩ Its principles have been adopted in most state constitutions.

Human Rights
Education
 THE LEGALLY BINDING DOCUMENTS
229
◈ TWO INTERNATIONAL COVENANTS (1966)
1. The International Covenant on Economic, Social and
Cultural Rights
2. International Covenant on Civil and Political Rights
International ◈ International Bill of Rights – 2 covenants and the UDHR
Bill ◈ Committee on Economic, Social and Cultural Rights- They
of
Human Rights
review the State Parties programs in implementing the ECOSOC
rights
◈ Human Rights Committee- experts that implement the
Covenant on Civil and Political Rights

Human Rights
Education
 HINDRANCES IN THE IMPLEMENTATION OF HUMAN
RIGHTS INSTRUMENTS
232
◈ Abuses that resulting to doubt the effectiveness of UN and
its relevant agencies on human rights.
◈ The realization of the many objectives of the UN
Organization have been set back.
International
Bill ◈ Authoritarian regimes
of ◈ Art. 2, par. 7 of the UN Charter
Human Rights
◈ Many provisions in the international treaties that are not
self-executing

Human Rights
Education
 THE TASK OF PROMOTION AND PROTECTION OF
HUMAN RIGHTS
235
◈ Violations of human rights are rarely punished.
◈ Human rights advocates are confronted with age-old
practices and traditions.
◈ Powerful and influential are not easy to be eradicated
International
Bill ◈ Human Rights violations usually are not reported
of
◈ Reaffirmation on the faith of human rights and the
Human Rights
definition of human individual that real justice can be
achieved

Human Rights
Education
 References:
238

◈ Coquia, J. R. Human Rights, An Introductory Course.

◈ Dela Cruz J. M. and Florendo A. M., Understanding Human
Rights and International Humanitarian Law. Wiseman’s
Books Trading, Inc., Quezon City, Philippines.
◈ The International Covenant on Economic, Social and
Cultural Rights
◈ International Covenant on Civil and Political Rights
◈ Universal Declaration of Human Rights
Bill of Rights
 “
“Every human being
has intrinsic dignity and
worth which must be respected
and safeguarded.”

244
 Bill of Rights
247
◈ It is a declaration and enumeration of a person’s
rights and privileges which the Constitution is
designed to protect violations by the government,
or by an individual or groups of individuals.
Bill of rights
Article III,
1987 ◈ It is a charter of liberties for the individual and a
Philippine limitation upon the power of the State
Constitution

Human Rights
Education
 Classification of Constitutional Rights
250
◈ 1. Political rights. They are such rights of the citizens which give
them the power to participate, directly or indirectly, in the
establishment or administration of the government. (citizenship,
suffrage, right to information)
◈ 2. Civil rights. They are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them
Bill of rights the enjoyment of their means of happiness.
Article III,
1987 ◈ 3. Social and economic rights. These are intended to insure the well-
Philippine being and economic security of the individual.
Constitution ◈ 4. Right of the accused. They are (civil) rights intended for the
protection of a person accused of any crime.
Human Rights
Education
 Article III, of the 1987 Constitution
253
Article III, of the 1987 Constitution is composed of 21
Sections. All of these sections provide for the human
rights of every individual which the government, and
its instrumentalities and agencies shall respect.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Application to Private Individuals
256
The Bill of Rights cannot be invoked against acts of
private individuals. The equal protection erects no
shield against private conduct, however
discriminatory or wrongful [Yrasuegui v. PAL, G.R. No.
Bill of rights
168081 (2008)].
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Relation to Human Rights
259
Primacy of human rights (doctrine of hierarchy of rights or
doctrine of preferred freedoms) While the Bill of Rights also
protects property rights, the primacy of human rights over
property rights is recognized. In the hierarchy of civil liberties,
the rights of free expression and of assembly occupy a preferred
Bill of rights position as they are essential to the preservation and vitality of
Article III, civil institutions [Philippine Blooming Mills Employment
1987 Organization v. Philippine Blooming Mills, Co., supra]
Philippine
Constitution

Human Rights
Education
 Section 1.
262
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.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 1.
265
◈ Meaning of due process of law
Any deprivation of life, liberty or property with due process of law, if it is done (1)
under the authority of a law that is valid (not contrary to the Constitution) or of the
Constitution itself, and (2) after compliance with fair and reasonable methods of
procedure prescribed by law.

Bill of rights ◈ Aspects of Due Process of Law

Article III, 1. Procedural due process which refers to the method by which the law is
1987 enforced. (Which hear before it condemns, which proceeds upon inquiry and renders
judgment after trial).
Philippine
2. Substantive due process which requires that the law itself is fair,
Constitution
reasonable and just. No one is deprived of his rights for flimsy reasons.

Human Rights
Education
 Section 1.
268 ◈ Equal Protection of the law
The equality that it guarantees is legal equality or the equality of all persons before
the law. It does not demand absolute equality. It merely requires that all persons
shall be treated alike, under like circumstances and conditions both as to privileges
conferred and liabilities enforced.

◈ Requisites for valid classification for purposes of the equal protection clause
Bill of rights 1. The classification must:
Article III, 2. Rest on SUBSTANTIAL DISTINCTIONS
1987 3. Be GERMANE to the purposes of the law
Philippine 4. NOT LIMITED TO EXISTING CONDITIONS only
Constitution 5. APPLY EQUALLY to all members of the SAME CLASS.

Human Rights
Education
 Section 2.
271
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
Bill of rights personally by the judge after examination under oath or
Article III, affirmation of the complainant and the witnesses he may
1987 produce, and particularly describing the place to be searched
Philippine and the persons or things to be seized.
Constitution

Human Rights
Education
 Section 2.
274
◈ General Rule: Search and seizures are
unreasonable UNLESS authorized by a validly issued search
warrant or warrant of arrest
◈ Requisites for a valid warrant:
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by
Bill of rights
Article III, the JUDGE.
1987 3. The judge must EXAMINE UNDER OATH the complainant and
Philippine the witnesses he may produce.
Constitution 4. The warrant must PARTICULARLY DESCRIBE the place to be
searched and person or things to be seized.
Human Rights
Education
 Section 2.
277 ◈ Definition of “PROBABLE CAUSE”
⬩ For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed by
the person sought to be arrested.
⬩ For the issuance of a search warrant:
Probable cause would mean such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and
Bill of rights that the objects sought in connection with the offense are in the place to be searched.
Article III,
1987 ◈ Note: Probable cause for the issuance of a search warrant does NOT require that
Philippine the probable guilt of a specific offender be established, unlike in the case of a
Constitution warrant of arrest.

Human Rights
Education
 Section 2.
280 PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the
things to be seized whenthe description therein is as specific as the
circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of
law – by which the warrant officer may be guided in making the
Bill of rights search and seizure or
Article III, 3. When the things described are limited to those which bear
1987 a direct relation to the offense for which the warrant is being issued
Philippine
(Bache and Co. v. Ruiz, 37 SCRA 823).
Constitution

Human Rights
Education
 Section 2.
283 ◈ JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of
description if it contains a descriptio personae such as will enable the officer
to identify the accused (People v. Veloso, 48 Phil. 159)
◈ GENERAL WARRANT
A general warrant is one that does not allege any specific acts or
Bill of rights omissions constituting the offense charged in the application for the
Article III, issuance of the warrant. It contravenes the explicit demand of the Bill of
1987 Rights that the things to be seized be particularly described.
Philippine
Constitution

Human Rights
Education
 Section 2.
286 VALID WARRANTLESS SEARCH
1. Search Incidental to Lawful Arrest
Even without a warrant, the person arrested may be searched for:
1. Dangerous weapons
2. 2. Anything which may have been used in the commission of an
offense, or
Bill of rights
Article III, 3. 3. Anything which may constitute proof in the commission of the
1987 offense
Philippine
Constitution

Human Rights
Education
 Section 2.
289 VALID WARRANTLESS SEARCH
2. Consented search
The consent must be unequivocal, specific, and intelligently
given, uncontaminated by any duress or coercion. Consent to a
search is not to be lightly inferred, but must be shown by clear
Bill of rights
and convincing evidence.
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 2.
292 VALID WARRANTLESS SEARCH
3. Search of moving vehicle
Justified on the ground that it is not practicable to secure a
search warrant because the vehicle can be quickly moved out of
the locality or jurisdiction in which the warrant must be sought.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 2.
295 VALID WARRANTLESS SEARCH
4. Check points; body checks in airport
Requisites 1. Passengers not subjected to body search
2. Limited to visual search
3. Under exceptional circumstances, as where: a. Survival of the
Bill of rights government is on the balance, or b. Lives and safety of the people
Article III, are in peril
1987
Philippine 4. Vehicle not searched
Constitution

Human Rights
Education
 Section 2.
298 VALID WARRANTLESS SEARCH
5. Plain view situation (Requisites)
1. A prior valid intrusion.
2. Evidence was inadvertently discovered by the police.
3. The evidence must be immediately apparent.
Bill of rights
4. Plain view is justified seizure of evidence without further
Article III,
1987 search
Philippine
Constitution

Human Rights
Education
 Section 2.
301 VALID WARRANTLESS SEARCH
6. Stop and frisk situation (Requisites)
◈ Police officer observes unusual conduct.
◈ Reasonable suspicion that person is engaged in some type of criminal
activity.
◈ Identifies himself as a policeman upon approach.
Bill of rights ◈ Makes reasonable inquiries.
Article III,
◈ There is reasonable fear for his own or other’s safety thus he is entitled
1987
to conduct limited search of the outer clothing of such persons in an
Philippine
Constitution attempt to discover weapons that might be used for assault.

Human Rights
Education
 Section 2.
304 VALID WARRANTLESS SEARCH
7. Enforcement of Customs Law
● For the enforcement of customs duties and tariff laws, the
Collector of Customs is authorized to effect searches and
seizure
Bill of rights ● The Customs Modernization and Tariff Act
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 2.
307 Warrantless Arrest
1. IN FLAGRANTE DELICTO ARRESTS
When IN HIS/HER PRESENCE, the person to be arrested has
committed, is actually committing or is attempting to commit an
offense.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 2.
310 Warrantless Arrest
2. DOCTRINE OF HOT PURSUIT
When an offense has just been committed and he has probable cause
to believe based on PERSONAL KNOWLEDGE of fact and circumstance
that the person to be arrested has committed it.

Bill of rights
Article III, Test of Immediacy
1987 There must be a large measure of immediacy between the time the
Philippine offense was committed and the time of the arrest.
Constitution

Human Rights
Education
 Section 2.
313 Warrantless Arrest
3. Escapist
When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending or has
Bill of rights
escaped while being transferred from one confinement to
Article III, another.
1987
Philippine
Constitution

Human Rights
Education
 Section 2.
316 Warrantless Arrest
4. When a person who has been lawfully arrested escapes or is
rescued (Rule 113, Sec. 13).

5. By the bondsman for the purpose of surrendering the accused

Bill of rights (Rule 113, Sec. 23).
Article III,
1987
Philippine 6. Where the accused released on bail attempts to leave the
Constitution country without permission of the court (Rule 114, Sec. 23).

Human Rights
Education
 Section 3.
319 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
Bill of rights
Article III, preceding section shall be inadmissible for any
1987 purpose in any proceeding.
Philippine
Constitution

Human Rights
Education
 Section 3.
322 R.A. 4200 (Anti-Wiretapping Act)
1. The law does not distinguish between a party to the private
communication or a third person. Hence, both a party and a third person
could be held liable under R.A. 4200 if they commit any of the prohibited
acts under R.A. 4200 (Ramirez v. Ca)
2. The use of a telephone extension to overhear a private
conversation is not a violation of R.A. 4200 because it is not similar to any
Bill of rights of the prohibited devices under the law. Also, a telephone extension is not
Article III, purposely installed for the purpose of secretly intercepting or recording
1987
private communication. (Gaanan v. IAC, 145 SCRA 112)
Philippine
Constitution

Human Rights
Education
 Section 3.
325 Exclusionary rule:
◈ Any evidence obtained shall be inadmissible for any purpose
in any proceeding. However, in the absence of governmental
interference, the protection against unreasonable search and
seizure cannot be extended to acts committed by private
individuals. (People v. Martin)
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 4.
328 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.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 4.
331 ◈ What are considered protected speech:
Protected speech includes every form of expression, whether oral,
written, tape or disc recorded. It includes motion pictures as well as
what is known as symbolic speech such as the wearing of an armband
as a symbol of protest. Peaceful picketing has also been included
within the meaning of speech.
Bill of rights
Article III,
1987 Prohibitions under Section 4
Philippine 1. Prohibition against PRIOR RESTRAINT
Constitution 2. Prohibition against SUBSEQUENT PUNISHMENT

Human Rights
Education
 Section 4.
334 Standards for allowable subsequent punishment
TEST CRITERION
Dangerous There should be a RATIONAL CONNECTION between the
Tendency speech and the evil apprehended
Test
Clear andThere should be a clear and present danger that the words
Present when used under such circumstances are of such a nature as
Bill of rights Danger Test to create a CLEAR AND PRESENT DANGER that they will
Article III,
bring about the substantive evils that the State has a right to
1987
prevent.
Philippine
Balancing The courts should BALANCE the PUBLIC INTEREST served
Constitution
of Interestsby legislation on one hand and the FREEDOM OF SPEECH
Test (or any other constitutional right) on the other. The courts will
Human Rights then decide where the greater weight should be placed.
Education
 Section 4.
337 Freedom of Speech
◈ The doctrine on freedom of speech was formulated primarily
for the protection of “core” speech, i.e. speech which
communicates political, social or religious ideas. These enjoy
the same degree of protection. Commercial speech,
however, does not.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 4.
340 Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of
fact, and are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give one’s
opinion on decisions and actions.
Bill of rights B. OPINIONS. With respect to public personalities (politicians, actors,
Article III, anyone with a connection to a newsworthy event), opinions can be aired regarding
1987 their public actuations. Comment on their private lives, if not germane to their
Philippine public personae, are not protected.
Constitution

Human Rights
Education
 Section 4.
343 Unprotected Speech
2. OBSCENITY
A. Test for obscenity (Miller v. California)
⬩ i. Whether the average person, applying contemporary community
standards would find that the work, taken as a whole, appeals to the
prurient interest.
⬩ ii. Whether the work depicts or describes, in a patently offensive way,
Bill of rights sexual conduct, specifically defined by law.
Article III, ⬩ iii. Whether the work, taken as a whole, lacks serious literary, artistic,
1987 political or scientific value.
Philippine
Constitution

Human Rights
Education
 Section 4.
346 Right of Assembly and Petition
1. The standards for allowable impairment of speech and press also apply
to the right of assembly and petition.
2. Rules on assembly in public places:
a. Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.
Bill of rights b. The application should be filed ahead of time to enable the public
Article III, official concerned to appraise whether there are valid objections to the
1987 grant of the permit or to its grant, but in another public place. The grant or
Philippine refusal should be based on the application of the Clear and Present Danger
Constitution
Test.

Human Rights
Education
 Section 4.
349 ◈ Right of Assembly and Petition
c. If the public authority is of the view that there is an imminent
and grave danger of a substantive evil, the applicants must be heard on
the matter.
d. The decision of the public authority, whether favorable or
adverse, must be transmitted to the applicants at the earliest opportunity
so that they may, if they so desire, have recourse to the proper judicial
Bill of rights
authority.
Article III,
1987 3. Rules on assembly in private properties:
Philippine Only the consent of the owner of the property or person entitled to
Constitution
possession thereof is required.

Human Rights
Education
 Section 5.
352
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
Bill of rights
discrimination or preference, shall forever be
Article III, allowed. No religious test shall be required for the
1987
Philippine
exercise of civil or political rights.
Constitution

Human Rights
Education
 Section 5.
355 Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v. Schempp, 374 US 203)
1. The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing individuals
or not. The test of compliance with the non-establishment clause can be stated as
Bill of rights
follows: What are the purposes and primary effect of the enactment? If either is the
Article III,
advancement or inhibition of religion, the law violates the non-establishment
1987 clause. Thus, in order for a law to comply with the non-establishment clause, two
Philippine requisites must be met. First, it has a secular legislative purpose. Second, its primary
Constitution effect neither advances nor inhibits religion.

Human Rights
Education
 Section 5.
358
2. The free exercise of religion clause withdraws from
legislative power the exertion of any restraint on the free
exercise of religion. In order to show a violation of this clause,
the person affected must show the coercive effect of the
legislation as it operates against him in the practice of his
Bill of rights religion. While the freedom to believe (non-establishment) is
Article III, absolute, the moment such belief flows over into action, it
1987 becomes subject to government regulation
Philippine
Constitution

Human Rights
Education
 Section 6.
361
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
Bill of rights
in the interest of national security, public safety, or
Article III, public health, as may be provided by law.
1987
Philippine
Constitution

Human Rights
Education
 Section 6.
363
Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of
abode.
2. Freedom to travel within the country and outside.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 7.
366
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
Bill of rights
decisions, as well as to government research data
Article III, used as basis for policy development, shall be
1987
Philippine
afforded the citizen, subject to such limitations as
Constitution may be provided by law.

Human Rights
Education
 Section 7.
369
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents

Bill of rights Discretion of government

Article III, The government has discretion with respect to the authority to
1987
determine what matters are of public concern and the authority
Philippine
Constitution to determine the manner of access to them.

Human Rights
Education
 Section 7.
372
Recognized restrictions on the right of the people to information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
Bill of rights 5. Diplomatic correspondence
Article III, 6. Executive sessions
1987
Philippine 7. Closed door cabinet meetings
Constitution 8. Supreme Court deliberations

Human Rights
Education
 Section 8.
375
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.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 8.
378
◈ The right to form associations shall not be impaired without
due process of law and is thus an aspect of the right of
liberty. It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their
object the advancement of beliefs and ideas, the freedom
Bill of rights of association is an aspect of the freedom of speech and
Article III, expression, subject to the same limitation.
1987
◈ The right also covers the right not to join an association.
Philippine
Constitution

Human Rights
Education
 Section 9.
381
SECTION 9. Private property shall not be taken for
public use without just compensation.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 9.
384
When is the exercise of the power of eminent domain necessary?
◈ It is only necessary when the owner does not want or opposes the
sale of his property. Thus, if a valid contract exists between the
government and the owner, the government cannot exercise the
power of eminent domain as a substitute to the enforcement of
the contract.
Bill of rights
Article III, Elements of the power of eminent domain
1987 1. There is a TAKING of private property
Philippine 2. Taking is for PUBLIC USE
Constitution 3. Payment of JUST COMPENSATION

Human Rights
Education
 Section 9.
387
◈ "JUST COMPENSATION"
◈ 1. Compensation is just if the owner receives a sum
equivalent to the market value of his property. Market
value is generally defined as the fair value of the property
as between one who desires to purchase and one who
Bill of rights desires to sell.
Article III,
1987
◈ 2. The point of reference use in determining fair value is
Philippine the value at the time the property was taken. Thus, future
Constitution potential use of the land is not considered in computing just
compensation.
Human Rights
Education
 Section 10.
390
SECTION 10. No law impairing the obligation of
contracts shall be passed.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 10.
393 ◈ When does a law impair the obligation of contracts:
◈ 1. If it changes the terms and conditions of a legal
contract either as to the time or mode of
performance
◈ 2. If it imposes new conditions or dispenses with
Bill of rights those expressed
Article III,
1987 ◈ 3. If it authorizes for its satisfaction something
Philippine different from that provided in its terms.
Constitution

Human Rights
Education
 Section 10.
396
◈ A mere change in PROCEDURAL REMEDIES which
does not change the substance of the contract,
and which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of
Bill of rights
contracts.
Article III, ◈ A valid exercise of police power is superior to
1987
Philippine obligation of contracts.
Constitution

Human Rights
Education
 Section 11.
399
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.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 11.
402
◈ The guarantee of due process and equal protection of laws
assure all persons like access to the courts as well as quasi
judicial bodies of the country for the protection of their
persons and property, the prevention and redress of
wrongs, and the enforcement of contracts.
Bill of rights ◈ Low-paid employees, domestic servants and laborers (who
Article III, collect small salaries and wages) might have to go to court
1987
and yet are without means to pay attorney’s fees and
Philippine
Constitution sheriff’s fees.

Human Rights
Education
 Section 11.
405
◈ Rights to adequate legal assistance
The State has the constitutional duty to provide
free and adequate legal assistance to assistance by
reason of indigence or lack of financial means.
Bill of rights Through this, the indigent can engage the services of
Article III, a lawyer to defend himself or enforce his rights in
1987
Philippine civil, criminal or administrative cases.
Constitution

Human Rights
Education
 Section 12.
408 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.
Bill of rights
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
Article III,
be inadmissible in evidence against him.
1987
Philippine (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,
Constitution
and their families.

Human Rights
Education
 Section 12.
411
◈ To be informed of his right to remain silent
◈ To have competent and independent counsel preferably of
his own choice or to be provide with one.
◈ To be relieved against the use of torture, force, violence,
threat, intimidation or any other means which vitiates the
Bill of rights free will
Article III,
1987 ◈ To be relieved against being held in secret,
Philippine solitary, incommunicado, or other similar forms of
Constitution detention

Human Rights
Education
 Section 12.
414
◈ Effect of violation of the right
Any confession obtained in violation of any of the above
rights is declared INADMISSIBLE in evidence before any
proceeding and violators shall be subject to penal and
civil sanctions to be provided by law.
Bill of rights
Article III, ◈ Waiver of right of silence and to counsel
1987
Philippine The right of silence and to counsel cannot be waived
Constitution EXCEPT in writing and in the presence of counsel.

Human Rights
Education
 Section 13.
417
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
Bill of rights
Article III, bail shall not be impaired even when the privilege of
1987 the writ of habeas corpus is suspended. Excessive bail
Philippine
Constitution
shall not be required.

Human Rights
Education
 ◈ Meaning of Bail
Section 13.
420
Bail is the security required by a court and given for the provisional or temporary
release of a person who is in the custody of the law conditioned upon his
appearance before any court as required under the conditions specified.
◈ Purpose of Bail
It relieves an accused from imprisonment until his conviction and yet secure his
appearance at the trial. In all criminal cases, the accused is presumed innocent.
Bill of rights ◈ Form of Bail
Article III, It may be in the form of cash deposit, property bond, bond secured from a surety
1987 company, or a recognizance.
Philippine
Constitution

Human Rights
Education
 Section 13.
423
Who may not invoke the right to bail
◈ It cannot be invoked where the applicant is not yet in custody of the
law because he went into hiding and is at large a free man even when he has
already been criminally charged in court.
◈ It is not available to one charged with capital offense or an offense punishable
byreclusion perpetua, life imprisonment, or death if the evidence of his guilt is
strong.
Bill of rights ◈ Under the Rules of Court, “no bail shall be allowed after the judgment has
Article III, become final or after the accused has commenced to serve sentence.”
1987 ◈ When the privilege of the writ of habeas corpus is suspended, the right to bail,
Philippine even for the commission of national crimes is still available except as provided
Constitution in Section 13.

Human Rights
Education
 Section 13.
426
Excessive Bail is prohibited
◈ The Constitution ordains that excessive bail shall
not be required.
◈ What amount is reasonable bail rest mainly upon
Bill of rights the discretion of the judge. He has to take into
Article III, account in deciding the mater, among others, the
1987
Philippine
nature of the offense, the penalty which the law
Constitution attaches to it, the probability of guilt and the
financial condition of the accused.
Human Rights
Education
 Section 14.
429
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
Bill of rights meet the witnesses face to face, and to have compulsory process to
Article III, secure the attendance of witnesses and the production of evidence in his
1987 behalf. However, after arraignment, trial may proceed notwithstanding
Philippine the absence of the accused provided that he has been duly notified and
Constitution his failure to appear is unjustifiable.

Human Rights
Education
 Section 14.
432
Right to due process of law in criminal cases
◈ A person cannot be held to answer for a criminal offense without
due process of law. Due process in this context pertains more to the
procedural aspect. It requires that:
◈ The accused must be-
⬩ Tried before a competent court
Bill of rights ⬩ Given a fair and impartial trial
Article III,
⬩ Allowed to use all legal means and opportunity to defend
1987
himself.
Philippine
Constitution ◈ The judgment awarded against him must be within the authority of a
valid law.
Human Rights
Education
 Section 14.
435 Right to presumption of innocence
In all criminal prosecutions, the accused is presumed innocent until
the contrary is proved. This presumption of innocence is a guarantee
that no person shall be convicted of a crime except upon confession
or unless his guilt is established by proof of beyond reasonable doubt,
which is more than just a preponderance of evidence sufficient to win
Bill of rights in a civil case.
Article III, Its purpose is to balance the scales in what would otherwise be an
1987
uneven contest between the lone individual pitted against the
Philippine
Constitution government and all the resources, authority and influence at its
command.
Human Rights
Education
 Section
Right to be heard by himself and counsel
14.
438
◈ In all criminal prosecutions, the defendant shall be entitled to present and
defend in person and by counsel at every stage of the proceedings, from the
arraignment to the promulgation of the judgment
◈ The accused must be present at the arraignment and must personally enter his
plea.
◈ After a plea of not guilty, the accused is entitled to two day to prepare for trial
unless the court for good cause grants him further time
Bill of rights ◈ Before arraignment, the court shall inform the accused of his right to counsel
Article III, and shall ask him if he desires to have.
1987 ◈ Even if the guilt of the defendant is very apparent, a hearing is still indispensable.
Philippine He cannot be punished upon a doubtful assumption. Lack of notice of hearing
violates procedural due process.
Constitution

Human Rights
Education
 Section 14.
441
Right to be informed of the nature and cause of the
accusation against him
This right implies that the offense which a person is
accused of be made known to him. The complaint or
Bill of rights information should be sufficiently clear to a person of
Article III, ordinary intelligence as to what the charge is so as to
1987
Philippine enable him to prepare his defense.
Constitution

Human Rights
Education
 Section 14.
444 Right to have a speedy, impartial and public trial
◈ Speedy trial. It means that one that can be had as soon as possible, after a person is
indicted and within such time as the prosecution, with reasonable diligence, could
prepare for it. It should be a trial “conducted according to fixed rules, regulations,
and proceedings of law free from vexatious, capricious and oppressive delays.”
◈ Impartial Trial. Impartiality implies an absence of actual bias in the trial cases. To
this end, no man can be a judge in his own case and no man is permitted to try
Bill of rights cases where he has an interest, pecuniary or otherwise in the outcome.
Article III, ◈ Public Trial. A public trial is not of necessity one to which the whole public is
1987 admitted, but it is one so far open to all, as that of the accused’s friends and
Philippine relatives and others who may be inclined to watch the proceedings in order to see if
Constitution justice is intelligently and impartially administered, so that they may have an
opportunity to do so.

Human Rights
Education
 Section 14.
447
Right to confrontation of witnesses
◈ The accused has the right to meet the witnesses face to
face.
1. Cross examination of witnesses by the accused. The accused
has an opportunity to cross-examine witnesses against him to
Bill of rights test their recollection and veracity
Article III,
1987 2. Assessment by the court of witness’ credibility. The judge has
Philippine an opportunity to see the demeanor and appearance of
Constitution witnesses while testifying

Human Rights
Education
 Section 14.
450
Right to compulsory production of witness and evidence
1. Under the Rules of Court, an accused person is entitled to have
subpoenas (order to a person to appear and testify in court) issued
to compel the attendance of witnesses in his favor, including
warrant of arrest if needed.
Bill of rights 2. The court, upon proper application of the defendant, may order
Article III, the prosecution to produce or permit the inspection of evidence
1987 material to any matter involved in the action, in the possession or
Philippine
under the control of the prosecution, the police or any other law-
Constitution
investigating agencies.
Human Rights
Education
 Section 14.
453
Trial in the absence of the accused
◈ The constitutional right of the accused to be personally
present and to be heard in his defense by himself may be
waived by him. Thus, trial may not proceed notwithstanding
the absence of the accused provided the three conditions
Bill of rights occur:
Article III,
1987
◈ He has been arraigned
Philippine ◈ He has been duly notified of the trial
Constitution
◈ His failure to appear is unjustifiable.
Human Rights
Education
 Section 15.
456
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.
Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 15.
459
◈ Meaning of Writ of Habeas Corpus
◈ It is an order issued by a court of
competent jurisdiction, directed to the person
detaining another, commanding him to produce
Bill of rights the body of the prisoner at a designated time and
Article III, place, and to show sufficient cause for holding in
1987
Philippine custody the individual so detained.
Constitution

Human Rights
Education
 Section 15.
462
Purpose of the writ
It aims to inquire into all manner of involuntary
restraint or detention as distinguished from voluntary
and to relieve a person therefrom if such restraint is
Bill of rights found illegal. Its principal purpose then is to set the
Article III, individual at liberty.
1987
Philippine
Constitution

Human Rights
Education
 Section 15.
465
Suspension of the privilege of writ
◈ It may be suspended by the President in case of invasion,
or rebellion, when public safety requires it. Consequently,
the person under detention by the government may not
obtain his liberty by its use.
Bill of rights ◈ The suspension of the privilege of the writ enables the
Article III,
1987
State, “to hold in preventive imprisonment pending
Philippine investigation and trial of persons who plot against it or
Constitution commit acts that endanger its very existence.”

Human Rights
Education
 Section 16.
468
SECTION 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 16.
471
Right to speedy disposition of cases
◈ It upholds the time honored tradition of speedy justice- “Justice delayed is justice
denied.”
◈ It can only be invoked after the termination of the trial or hearing of a case.
◈ Under the present Constitution, the Supreme Court, all lower collegiate courts
and all other lower courts are required to decide or resolve cases within a certain
period of time. With the setting of an absolute time limit in the disposition of
Bill of rights
cases, a court litigant will not have to wait indefinitely anymore for his case to be
Article III, decided.
1987
◈ The provision contemplates the disposition of cases involving private interests
Philippine
not only before judicial bodies but also before quasi-judicial bodies and
Constitution administrative bodies.

Human Rights
Education
 Section 17.
474
SECTION 17. No person shall be compelled to be a
witness against himself.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 17.
477
Right against self incrimination
◈ No person shall be compelled to be a witness against himself.
This is a protection against self-incrimination which may
expose a person to criminal liability. It is founded on grounds
of:
Bill of rights ◈ Public Policy, because if the party is thus required to testify,
Article III, he would be placed under the strongest temptation to
1987 commit the crime of perjury
Philippine
Constitution ◈ Humanity, because it prevents the extortion of confession by
duress.
Human Rights
Education
 Section 17.
480
Scope of guarantee
It applies in criminal cases as well as in civil, administrative and legislative
proceedings where the fact asked for is a criminal one.
Forms of testimony prohibited
The constitutional guarantee that no person shall be compelled to be a
witness against himself is limited to prohibition against compulsory
Bill of rights
testimonial self-incrimination- extricating from defendant’s own lips,
Article III,
against his will, an admission of his guilt. It extends to the production by
1987
Philippine
the accused of documents, chattels or other objects demanded from him,
Constitution for then he is compelled to make a statement, express or implied, as to
identity of the articles produced.

Human Rights
Education
 Section 17.
483
However there is no violation where:
1. The accused is forced to discharge morphine from his mouth
2. The accused is compelled to place his foot on a piece of paper to
secure his footprints
3. The accused is compelled to be photographed or to remove his
garments and his shoes
Bill of rights
Article III, 4. Where a woman accused of adultery is compelled to permit her
1987 body to be examined by physicians to determine if she is pregnant
Philippine 5. The voluntary confession (given in the preliminary) of the accused is
Constitution admitted at the trial.

Human Rights
Education
 Section 18.
486
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
Bill of rights party shall have been duly convicted.
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 18.
489
Right against detention solely by reason of political beliefs
and aspirations
The inclusion in the Constitution of this right is a response to
the recent event in our history. Thousand of people were
arrested and jailed during the whole period of martial rule for
Bill of rights attacking certain acts and policies of the President (martial law),
Article III, for exposing graft and corruption in the government and others.
1987
Many remained in incarceration for years without charges filed
Philippine
Constitution against them.

Human Rights
Education
 Section 18.
492
Meaning of involuntary servitude
◈ It denotes a condition of enforced, compulsory service of
one to another. It has been applied to any service or labor
which is not free, no matter under what form such service
may have been rendered. It includes:
Bill of rights 1. Slavery or the state of entire subjection of one person to the
Article III,
1987
will of another
Philippine 2. Peonage or the voluntary submission of a person to the will
Constitution of another because of his debt.

Human Rights
Education
 Section 18.
495
Exceptions to prohibition
1. When the involuntary servitude is imposed as a punishment for a crime
whereof the party shall have been duly convicted
2. When personal military and civil service is required if citizens for the defense
of the State
3. To injunctions requiring striking laborers to return to work pending
Bill of rights settlement of an industrial dispute
Article III,
4. To exceptional services, such as military and naval enlistment
1987
Philippine 5. To exercise by parent by their authority to require their children to perform
Constitution reasonable amount of work
6. When there is proper exercise of the police power of the State.
Human Rights
Education
 Section 19.
498
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
Bill of rights (2) The employment of physical, psychological, or degrading
Article III, punishment against any prisoner or detainee or the use of
1987 substandard or inadequate penal facilities under subhuman
Philippine conditions shall be dealt with by law.
Constitution

Human Rights
Education
 Section 19.
501
Right against excessive fines
◈ The question as to the amount of the fines that shall be
imposed is one addressed to the sound discretion of the
court. If it keeps within the limits of a statute, the fine
cannot usually be held unreasonable.
Bill of rights ◈ Courts will be justified in declaring a fine prescribed by a
Article III,
1987
statute excessive only when it is clearly so, considering the
Philippine nature of the offense and the ability of the persons
Constitution punished to pay the offense.

Human Rights
Education
 Section 19.
503
Right against cruel, degrading or inhuman punishments
1. Form of Punishment
◈ Ø It is said that punishment are cruel and/or inhuman when they
involved torture or lingering death such as burning alive, mutilation,
starvation, drowning and other barbarous punishment.
◈ Ø Punishment is degrading when it brings shame and humiliation to the
Bill of rights victim or exposes him to contempt or ridicule, or lowers his dignity and
Article III, self-respect as a human being.
1987
Philippine ◈ Ø The punishment of death by hanging, electrocution or musketry is
Constitution not considered cruel within the meaning of that word as used in the
Constitution.

Human Rights
Education
 Section 19.
507
2. Quantity or Duration of Punishment
◈ Ø All punishments greatly disproportionate to the nature of
the offense as to be shocking to the human conscience
would be both cruel and inhuman.
Imposition of Death Penalty
Bill of rights
Article III,
◈ Section 19 abolishes death penalty. It shall not be inflicted
1987 unless Congress decides to reinstate it “for compelling
Philippine reasons, involving heinous crimes”
Constitution

Human Rights
Education
 Section 20.
510
SECTION 20. No person shall be imprisoned for debt
or non-payment of a poll tax.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 20.
513
Meaning of Debt
◈ It means any liability to pay money arising out of contract,
express or implied. It refers to civil debt or one not arising
from a criminal offense.
Meaning of Poll Tax
Bill of rights
Article III,
◈ It is a tax of a fixed amount imposed on individual’s
1987 residing within a specified territory, whether citizens or not,
Philippine without regard to their property or the occupation in which
Constitution they may be engaged.

Human Rights
Education
 Section 20.
516
Prohibitions limited to contractual obligations only
◈ The inhibition was never meant to include:
1. Damages arising in action ex delicto (criminal action), for
the reasons that the damage recoverable therein do not
arise from any contract entered into between the parties,
Bill of rights but are imposed upon the defendant from the wrong he
Article III, has done and are considered as punishment
1987
Philippine 2. Fines and penalties imposed by the courts in criminal
Constitution proceedings as punishment for crime

Human Rights
Education
 Section 21.
519
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
Bill of rights
a bar to another prosecution for the same act.
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 21.
522
Right against double jeopardy
◈ It means when a person is charged with an offense and
the case is terminated either by acquittal or conviction
or in any other manner without the express consent of
the accused, the latter cannot again be charged with the
Bill of rights same or identical offense.
Article III,
1987 ◈ The guarantee protects against the perils of a second
Philippine punishment as well as a second trial for the same
Constitution
offense.
Human Rights
Education
 Section 21.
525
Requisites for existence of double jeopardy
The accused is placed in double jeopardy if the following conditions are
present:
1. He has been previously brought to trial;
2. In a court of competent jurisdiction
3. Under a valid complaint or information
Bill of rights
4. He has been arraigned and pleaded either guilty or not guilty to the
Article III,
charge
1987
Philippine 5. He has been convicted or acquitted or the case against him has been
Constitution dismissed or otherwise terminated without his express consent
6. He is being charged again for the same offense.
Human Rights
Education
 Section 21.
528
Right to appeal in criminal cases.
◈ The government has no right, therefore, to appeal
from a judgment of acquittal
◈ The accused, after having been convicted, may
Bill of rights appeal to a higher court, but the latter may raise
Article III,
1987 the penalty imposed on him by the lower court
Philippine and such is not second jeopardy.
Constitution

Human Rights
Education
 Section 22.
531
SECTION 22. No ex post facto law or bill of attainder
shall be enacted.

Bill of rights
Article III,
1987
Philippine
Constitution

Human Rights
Education
 Section 22.
534
Meaning of ex-post facto law
It is one which, operating retrospectively-
1. makes an act done before the passage of a law, innocent when done,
criminal, and punishes such act; or
2. aggravates a crime or makes it greater punishment when it was
committed; or
Bill of rights
Article III, 3. Changes the punishment and inflicts a greater punishment than what
1987 the law annexed to the crime, when committed; or
Philippine 4. alters the legal rules of evidence, and receives less testimony than or
Constitution different testimony from what the law required at the time of the
commission of the offense, in order to convict the offender.
Human Rights
Education
 Section 22.
537
Characteristic of ex-post facto law
1. It relates to penal or criminal matters only (civil interests are
protected by the non-impairment clause);
2. It is retroactive in their operation;
3. They deprive persons accused of crime of some protection or
Bill of rights defense previously available, to their disadvantage.
Article III, ◈ Meaning of Bill of Attainder
1987
Philippine It is a legislative act which inflicts punishment without a judicial
Constitution trial.

Human Rights
Education
 Resources
540
◈ Bernas, 1987 Philippine Constitution.
◈ Begaso Evelyn, Bill of Rights, available at
[Link]
◈ Coquia, J. R. Human Rights, An Introductory Course.
◈ Dela Cruz J. M. and Florendo A. M., Understanding Huna
Bill of rights
Article III,
Rights and International Humanitarian Law. Wiseman’s
1987 Books Trading, Inc., Quezon City, Philippines.
Philippine ◈ 1987 Philippine Constitution
Constitution

Human Rights
Education