HUMAN RIGHTS

EDUCATION
Atty. Emerson R. Nuñez
November 13, 2022
“People look at rights as if they were muscles - the
more you exercise them, the better they get.”
- United States of America Supreme Court Justice
Antonin Scalia
Human Rights Education

Sub-topics:
1. Rights under the Bill of Rights and other rights granted by the
Constitution.
2. Importance of the Statutory Rights of the accused and victims, the
rights of the arrested person with and without a warrant, detained
persons or Persons Deprived of Liberty, and those placed under
investigation/custodial investigation.
3. Universal Declaration of Human Rights; Children; Women; Prisoners;
State Actors and Non-State Actors.
What do you
understand by
“human rights”?
“Human rights are the basic rights which inhere in
man by virtue of his humanity. They are the same in all
parts of the world, whether the Philippines or England,
Kenya or the Soviet Union, the United States or Japan,
Kenya or Indonesia . . . .”
“Human rights include civil rights, such as the right to
life, liberty, and property; freedom of speech, of the
press, of religion, academic freedom, and the rights of
the accused to due process of law; political rights,
such as the right to elect public officials, to be elected
to public office, and to form political associations and
engage in politics; and social rights, such as the right
to an education, employment, and social services…”
“Human rights are the entitlement that inhere in the
individual person from the sheer fact of his humanity. .
. . Because they are inherent, human rights are not
granted by the State but can only be recognized and
protected by it.” (Emerenciana Arcellana)
“(Human rights include all) the civil, political,
economic, social, and cultural rights defined in the
Universal Declaration of Human Rights.”
(Nick Joaquin)
“Human rights are rights that pertain to man simply
because he is human. They are part of his natural
birth, right, innate and inalienable.” (Salvador Lopez)
Important Characteristics of Human Rights

1. Universal - birthright of all human beings

2. Focus on the inherent dignity and equal worth of all
human rights
3. Equal, indivisible, and interdependent
4. Cannot be waived or taken away
5. Impose obligations of action and omission, particularly
on States
Important Characteristics of Human Rights

6. Have been internationally guaranteed

7. Legally protected (statutory rights)
8. Protect individuals and to some extent, groups
(individual and collective rights)
RECAP: I 4 U

1. Inherent
2. Inalienable
3. Indivisible
4. Interdependent
5. Universal
Karel Vasak’s Three Generations / Kinds of Rights
FIRST GENERATION SECOND THIRD GENERATION
(liberty) GENERATION (fraternity)
(equality)
Civil and Political Rights Economic, Social, and Solidarity or Collective
Cultural Rights Rights

E.g. right to life, liberty, and E.g. right to work ; right to social E.g. right to peace ; right to
security of person ; right security ; right to form and to join development ; environmental
against torture ; right to equal trade unions ; right to education; rights ; rights of women and of
protection against any right to rest and leisure; right to children ; right to humanitarian
discrimination ; right against shelter ; etc. disaster relief; right to water ; etc.
arbitrary arrest and detention ;
right to a fair and public
hearing by an independent
and impartial tribunal; etc.
Question: Is Human Right a Right or a Privilege?

Human rights are the basic rights and freedoms that

belong to every person in the world, from birth until death.
However, these rights can sometimes be restricted – for
example if a person breaks the law, or in the interests of
national security or pandemic.

(Philippine National Police FAQ Re: Human Rights)

Question: Who has human rights?

Absolutely everyone. Criminals, president, law enforcers,

children, men, women, stateless persons, the unemployed,
those in employment, bankers, those accused of carrying
out acts of terrorism, charity workers, teachers, dancers,
astronauts, regardless of where you are from, what you
believe or how you choose to live your life.
(Philippine National Police FAQ Re: Human Rights)
Sources of Human Rights in the Philippines

1. The 1987 Constitution

a. Article II - Declaration of Principles and State Policies Principles
b. Article III - Bill of Rights
c. Article XIII - Social Justice and Human Rights
2. Universal Declaration of Human Rights
3. International Covenant on Civil and Political Rights
4. International Covenant on Economic, Social and Cultural
Rights
5. Other Relevant Laws
Fundamental Powers of the State (PET)

1. Police Power These are inherent

2. Power of Eminent Domain powers of the State
3. Power of Taxation which still exist even
without any
constitutional
provision.
 Police Power Eminent Domain Taxation

Regulates Both liberty and Only property rights

property

Exercised by Government Government and Government

private entities

Property Taken Destroyed Public use or purpose

Compensation Intangible Full and just Public

altruistic feeling compensation improvements
POLICE POWER

● This is the power of the State to promote public

welfare by restraining and regulating the use of
liberty and property.
● Justifications:
a. Salus populi est suprema lex (the welfare of the
people is the supreme law)
b. sic utere tuo ut alienum non laedas (so use your
property as not to injure the property of others)

Gerochi v. Dept. of Energy, G.R. No. 159796, July 17, 2007, 527 SCRA 696
EXERCISE OF POLICE POWER

General Rule: It is lodged primarily in the national

legislature.
Exceptions: (by virtue of valid delegation)
1. President of the Philippines
2. Administrative bodies / boards
3. local law-making bodies: provinces, cities,
municipalities, and barangays
Application of Police Power

1. Regulation in the construction and installation of

buildings and other structures such as billboards
(Evasco Jr. vs. Montañez, 2018)
2. Regulation in the construction and maintenance of
electric and telecommunications posts erected within
CDO City. (City of Cagayan de Oro vs. Cagayan
Electric Power & Light, 2018)
Application of Police Power

3. A law limiting the capacity of common carriers, or of

theaters. (People v. Chan, 65 Phil. 611)
4. Reasonable working hours or minimum wages. (Ramos v.
Poblete, 73 Phil. 241)
5. Phasing out taxicabs more than 6 years old to protect the
riding public and promote comfort and convenience
among passengers / commuters (Taxicab Operators of
Metro Manila v. Board of Transportation, 119 SCRA 597)
Tests of the Police Power

1. The interests of the public generally, as

distinguished from those of a particular class, require
the exercise of the police power. [Lawful Subject]
2. The means employed are reasonably necessary for
the accomplishment of the purpose and not unduly
oppressive upon individuals. [Lawful Means]
Otherwise stated, the government may enact legislation
that may interfere with personal liberty, property, lawful
businesses, and occupations to promote the general
welfare. However, the interference must be reasonable
and not arbitrary. And to forestall arbitrariness, the
methods or means used to protect public health, morals,
safety or welfare must have a reasonable relation to the
end in view. (Social Justice Society v. Atienza, G.R. No.
156502, 13 February 2008, 545 SCRA 92)
EXAMPLES OF VALID EXERCISE OF POLICE POWER

1. Validity of the ordinance which prohibits barber shop

operators from rendering massage services in a separate
room. (Velasco vs. Villegas) [to prevent immorality]
2. Opening of two former private roads in order to address
traffic congestion and public inconvenience. (Sanglang vs.
IAC)
3. Use of a “uniform data collection and format for existing ID
systems of government agencies and GOCCs. (Kilusang
Mayo Uno vs. Director General, NEDA)
EXAMPLES OF INVALID EXERCISE OF POLICE POWER

1. Prohibition against wash room rates and renting out

rooms more than twice a day. (White Light Corporation v.
City of Manila, G.R. No. 122846, January 20, 2009, 576
SCRA 416)
2. Disallowing the operation of sauna parlors, massage
parlors, karaoke bars, beerhouses, night clubs, day clubs,
super clubs, discotheque, cabarets, dance halls, motels
and inns in the Ermita-Malate area. (City of Manila v.
Laguio, G.R. No. 118127, April 12, 2005, 455 SCRA 308)
EXAMPLES OF INVALID EXERCISE OF POLICE POWER

3. A city ordinance requiring all fences to be eighty

percent “see thru” and prohibiting the building of walls
and fences within 5 meter parking area allowance
located between the front monument line and the
building line of commercial and industrial
establishments and educational and religious
institutions. (Fernando v. St. Scholastica’s College,
G.R. No. 161107, March 12, 2013, 693 SCRA 141)
REMEMBER

There must be a reasonable relation between the means

[lawful means] and the end [lawful subject]. The means
and end must conform to the rights enshrined in the Bill of
Rights of the 1987 Constitution.
NATURE OF THE BILL OF RIGHTS

Thus, we have treated as self-executing the provisions in

the Bill of Rights on arrests, searches and seizures, the
rights of a person under custodial investigation, the rights
of an accused, and the privilege against self-incrimination,
It is recognized that legislation is unnecessary to enable
courts to effectuate constitutional provisions guaranteeing
the fundamental rights of life, liberty and the protection of
property. (Manila Prince Hotel vs. GSIS, et al.)
NATURE OF THE BILL OF RIGHTS

“The Bill of Rights cannot be invoked against acts of

private individuals, being directed only against the
government and its law-enforcement agencies and
limitation on official action.” (People of the Philippines vs.
Domasian & Tan)
Difference between Bill of Rights and Article XIII of
the 1987 Constitution (Social Justice and Human
Rights)

The guarantees in the Bill of Rights (Article III) are self-

implementing even in the absence of implementing
legislation unlike those found in Article XIII regarding
social justice and human rights.
SECTION 1.

No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied
the equal protection of the laws.
DUE PROCESS OF LAW

● Justice Frankfurter regards it as “the embodiment of the

sporting idea of fair play.”
● It is a guaranty against any arbitrariness on the part of
the government.
● Deprivation is not unconstitutional. It is only deprivation
without due process of law that is prohibited.
KINDS OF DUE PROCESS

1. SUBSTANTIVE - intrinsic validity of the law in

interfering one’s right to life, liberty, or property
e.g. right to preliminary investigation
1. PROCEDURAL - notice and hearing
EQUAL PROTECTION OF THE LAWS

It requires that all persons or things similarly situated should be

treated alike, both as to rights conferred and responsibilities
imposed.
The law does not prohibit distinctions but there must be valid
substantial distinctions.
Ex. VAWC - need to employ protection upon women as they are
more likely to be victims of abuses
SECTION 2.

The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be
searched and the persons or things to be seized.
IS THE SEARCH REASONABLE?

(a) The purpose of the search or seizure;

(b) The presence or absence of probable cause;
(c) The manner in which the search and seizure was made;
(d) The place or thing searched; and
(e) The character of the articles procured.
REQUISITES OF A VALID WARRANT

1. Existence of a probable cause.

2. Personal determination of the judge.
3. Examination of applicant.
4. Particularity of description.
PROBABLE CAUSE

It is the knowledge of facts, actual or apparent, strong

enough to justify a reasonable man in the belief that he has
lawful grounds for prosecuting defendant in the manner
complained of, the concurrence of facts and circumstances
reasonably warranting the belief.
More than mere suspicion.
People vs. Amador Pastrana & Rufina Abad

One of the constitutional requirements for the validity of a

search warrant is that it must be issued based on probable
cause which, under the Rules, must be in connection with
one specific offense to prevent the issuance of a scatter-
shot warrant
GENERAL WARRANT IS ILLEGAL.

Person sought to be seized should be identified by his or

her name, bor at least some descriptio personae that will
enable the officer to identify the accused. A search warrant
need not identify with particularity the person against whom
it is directed so long as the place to be searched and the
things to be seized are particularly described.
WARRANTLESS SEARCHES

1. Consented (not mere passive conformity or silence)

2. Incident to a lawful arrest
3. Stop and frisk (“Terry searches”)
4. Customs searches
5. Of vessels and aircraft for violation of immigration,
customs, and drug laws
6. Of moving vehicles
7. Of automobiles at borders or constructive borders
WARRANTLESS SEARCHES

8. Where the prohibited articles are in “plain view”

9. Of buildings and premises to enforce fire, sanitary, and
building regulations
[Link] exigent and emergency circumstances
[Link] military checkpoints
WARRANTLESS ARRESTS AND DETENTION (SEC. 5,
RULE 113 OF THE RULES OF COURT)

Section 5. Arrest without warrant; when lawful. — A peace officer or a

private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(FLAGRANTE DELICTO)
(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
WARRANTLESS ARRESTS AND DETENTION (SEC. 5,
RULE 113 OF THE RULES OF COURT)

c) 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 is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
In cases falling under paragraph (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the
nearest police station or jail and shall be proceeded against in
EXCLUSIONARY RULE

Otherwise known as the exclusionary rule or the fruit of the

poisonous tree doctrine, this constitutional provision originated from
Stonehill v. Diokno. This rule prohibits the issuance of general
warrants that encourage law enforcers to go on fishing expeditions.
Evidence obtained through unlawful seizures should be excluded as
evidence because it is "the only practical means of enforcing the
constitutional injunction against unreasonable searches and seizures."
It ensures that the fundamental rights to one’s person, houses, papers,
and effects are not lightly infringed upon and are upheld.
(PEOPLE VS. COGAED)
A police officer saw Harvey urinating in public. A local ordinance imposes
a Php 500.00 fine for urinating in public. The police officer shouted at
Harvey: “That is against the law!” Harvey sarcastically answered: “No, this
is against the wall!” Then and there, the police officer arrested him and
brought him to the police station. At the police station, Harvey was frisked
and was found in possession of an unlicensed .38 caliber revolver loaded
with five live ammunition. He was subsequently charged with Qualified
Illegal Possession of Firearms. When the prosecution offered in evidence
the unlicensed firearm and ammunition, the defense objected on the
ground that the pieces of evidence are products of an illegal search and
seizure. The prosecution contended that the pieces of evidence were
lawfully seized after a valid warrantless search incidental to a lawful
arrest. Was the search and seizure valid? Explain briefly. (5 points)
SECTION 3.

(1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public

safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding

section shall be inadmissible for any purpose in any proceeding.

PRIVACY OF COMMUNICATION AND CORRESPONDENCE

Before one can have an expectation of privacy in his or her OSN

activity, it is first necessary that said user, in this case the children
of petitioners, manifest the intention to keep certain posts private,
through the employment of measures to prevent access thereto or
to limit its visibility. And this intention can materialize in cyberspace
through the utilization of the OSN’s privacy tools. In other words,
utilization of these privacy tools is the manifestation,in cyber world,
of the user’s invocation of his or her right to informational privacy.
(Vivares vs. St. Theresa’s College)
TWO-FOLD REQUIREMENT TO DETERMINE EXISTENCE
OF PRIVACY RIGHT

1. A person has exhibited an actual (subjective)

expectation of privacy;
2. The expectation be one that society is prepared to
recognize as reasonable (objective)
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.
SECTION 8.

The right of the people, including those employed in the

public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be
abridged.
SECTION 18.

(1) No person shall be detained solely by reason of his

political beliefs and aspirations.
FOUR ASPECTS OF FREEDOM OF THE PRESS

(1) freedom from prior restraint;

(2) freedom from punishment subsequent to publication;
(3) freedom of access to information; and
(4) freedom of circulation.
FREEDOM OF SPEECH AND OF EXPRESSION IS NOT ABSOLUTE

“Time and again, it has been held that the freedom of speech and of
expression, like all constitutional freedoms, is not absolute. While the freedom
of expression and the right of speech and of the press are among the most
zealously protected rights in the Constitution, every person exercising them,
as the Civil Code stresses, is obliged to act with justice, give everyone his
due, and observe honesty and good faith. As such, the constitutional right
of freedom of expression may not be availed of to broadcast lies or half-
truths, insult others, destroy their name or reputation or bring them into
disrepute.” (BELO-HENARES vs. GUEVARRA)
UNPROTECTED SPEECH OR LOW-VALUE EXPRESSION

1. libelous statements;
2. obscenity or pornography;
3. false or misleading advertisement;
4. insulting or "fighting words," i.e., those which by their
very utterance inflict injury or tend to incite an
immediate breach of peace and
5. expression endangering national security
COGNATE RIGHTS

1. Freedom of assembly
2. Right to strike
3. Freedom of association
SECTION 5.

No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and

enjoyment of religious profession and worship, without

discrimination or preference, shall forever be allowed. No

religious test shall be required for the exercise of civil or political

rights.
“The right to religious profession and worship has a two-fold
aspect, viz., freedom to believe and freedom to act on one's
beliefs. The first is absolute as long as the belief is confined
within the realm of thought. The second is subject to regulation
where the belief is translated into external acts that affect the
public welfare.” (Peralta vs. PHILPOST)
NON-ESTABLISHMENT CLAUSE

“The non-establishment clause reinforces the wall of separation

between Church and State. It simply means that the State cannot
set up a Church; nor pass laws which aid one religion, aid all
religion, or prefer one religion over another nor force nor influence
a person to go to or remain away from church against his will or
force him to profess a belief or disbelief in any religion; that the
state cannot punish a person for entertaining or professing
religious beliefs or disbeliefs, for church attendance or
nonattendance;
NON-ESTABLISHMENT CLAUSE

that no tax in any amount, large or small, can be levied to support

any religious activity or institution whatever they may be called or
whatever form they may adopt or teach or practice religion; that the
state cannot openly or secretly participate in the affairs of any
religious organization or group and vice versa. Its minimal sense is
that the state cannot establish or sponsor an official religion. (A.M.
NO. 10-4-19-SC)
FREE EXERCISE CLAUSE

“In simplest terms, the Free Exercise Clause prohibits

government from inhibiting religious beliefs with penalties for
religious beliefs and practice, while the Establishment Clause
prohibits government from inhibiting religious belief with
rewards for religious beliefs and practices. In other words, the
two religion clauses were intended to deny government the
power to use either the carrot or the stick to influence
individual religious beliefs and practices.”
(Estrada vs. Escritor)
FREEDOM TO PROPAGATE RELIGIOUS DOCTRINES

The constitutional guaranty of the free exercise and enjoyment

of religious profession and worship carries with it the right to
disseminate religious information. Any restraint of such right
can only be justified like other restraints of freedom of
expression on the grounds that there is a clear and present
danger of any substantive evil which the State has the right to
prevent". (American Bible Society vs. City of Manila)
SECTION 6.

The liberty of abode and of changing the same within the

limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
ISSUANCE OF WATCH-LIST AND HOLD-DEPARTURE ORDER

“It bears reiterating that the power to issue HDO is inherent

to the courts. The courts may issue a HDO against an
accused in a criminal case so that he may be dealt with in
accordance with law. It does not require legislative
conferment or constitutional recognition; it co-exists with
the grant of judicial power.”
(Genuino et al. vs. De Lima et al.)
SECTION 7

The right of the people to information on matters of public

concern shall be recognized. Access to official records,
and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government
research data used as basis for policy development, shall
be afforded the citizen, subject to such limitations as may
be provided by law.
RESTRICTIONS TO RIGHT TO INFORMATION

1) National security matters and intelligence information;

2) Trade secrets and banking transactions;
3) Criminal matters; and
4) Other confidential information.
SECTION 9.

Private property shall not be taken for public use without

just compensation.
EMINENT DOMAIN

Eminent domain is the right or power of a sovereign state

to appropriate private property to particular uses to
promote public welfare. It is an indispensable attribute of
sovereignty; a power grounded in the primary duty of
government to serve the common need and advance the
general welfare. (Heirs of Suguitan vs. City of
Mandaluyong)
ESSENTIAL REQUISITES FOR THE EXERCISE OF A
LOCAL GOVERNMENT UNIT
1. Enactment of an ordinance, not just a resolution;
2. Must be for a public use, purpose or welfare, or for the
benefit of the poor and the landless;
3. Payment of just compensation; and
4. Exercise must be preceded by a valid and definite offer
made to the owner, who rejects the same.
STAGES

1. Determine the validity of the expropriation.

2. Determine the just compensation.
TAKING

There is 'taking,' in the context of the State's inherent

power of eminent domain, when the owner is actually
deprived or dispossessed of his property; when there is a
practical destruction or material impairment of the value of
his property or when he is deprived of the ordinary use
thereof. (Republic vs. Alforte)
REQUISITES OF TAKING IN EMINENT DOMAIN
(Republic vs. Castellvi)

1. The expropriator must enter a private property;

2. The entry must be for more than a momentary period;
3. The entry must be under warrant or color of legal
authority;
4. The property must be devoted to public use or
otherwise informally appropriated or injuriously affected;
REQUISITES OF TAKING IN EMINENT DOMAIN
(Republic vs. Castellvi)

5. The utilization of the property for public use must be in

such a way as to oust the owner and deprive him of
beneficial enjoyment of the property.
JUST COMPENSATION

Just compensation is defined as 'the full and fair equivalent

of the property taken from its owner by the expropriator.' The
word 'just' is used to qualify the meaning of the word
'compensation' and to convey the idea that the amount to be
tendered for the property to be taken shall be real,
substantial, full and ample. On the other hand, the word
'compensation' means 'a full indemnity or remuneration for
the loss or damage sustained by the owner of property taken
or injured for public use.
POLICE POWER VS. EMINENT DOMAIN

When police power is exercised, there is no just compensation

to the citizen who loses his private property. When eminent
domain is exercised, there must be just compensation. Thus, the
Court must distinguish and clarify taking in police power and
taking in eminent domain. Government officials cannot just
invoke police power when the act constitutes eminent domain.
(Dissenting opinion of J. Carpio in Southern Luzon Drug
Corporation vs. DSWD, et al.)
SECTION 10.

No law impairing the obligation of contracts shall be

passed.
NON-IMPAIRMENT CLAUSE

Impairment is anything that diminishes the efficacy of the

contract. There is an impairment if a subsequent law
changes the terms of a contract between the parties,
imposes new conditions, dispenses with those agreed
upon or withdraws remedies for the enforcement of the
rights of the parties. (Goldenway Merchandising
Corporation vs. Equitable PCI Bank)
PURPOSE OF THE NON-IMPAIRMENT CLAUSE

The purpose of the non-impairment clause of the

Constitution is to safeguard the integrity of contracts
against unwarranted interference by the State. As a rule,
contracts should not be tampered with by subsequent laws
that would change or modify the rights and obligations of
the parties. (Goldenway Merchandising Corporation vs.
Equitable PCI Bank)
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.
RIGHT TO A COUNSEL DE OFICIO

It is for this reason that the right to be assisted by counsel is

deemed so important that it has become a constitutional right
and it is so implemented that under our rules of procedure it is
not enough for the Court to apprise an accused of his right
to have an attorney, it is not enough to ask him whether he
desires the aid of an attorney, but it is essential that the
court should assign one de oficio for him if he so desires
and he is poor, or grant him a reasonable time to procure
an attorney of his own." (People vs. Rio)
RIGHT TO A COUNSEL DE OFICIO

Where it finds the sole reason for the withdrawal to be poverty,

as in this case, the court must assign a counsel de oficio, for
despite such withdrawal, the duty to protect the rights of the
accused subsists and perhaps, with greater reason. After all,
"those who have less in life must have more in law." (People vs.
Rio)
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.
SECTION 12.

(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.
SECTION 12.

(3) Any confession or admission obtained in violation of

this or Section 17 hereof shall be inadmissible in evidence

against him.
SECTION 12.

(4) The law shall provide for penal and civil sanctions for

violations of this section as well as compensation to and

rehabilitation of victims of torture or similar practices, and

their families.
CUSTODIAL INVESTIGATION

Custodial investigation commences when a person is taken

into custody and is singled out as a suspect in the
commission of the crime under investigation. As a rule, a
police lineup is not part of the custodial investigation; hence,
the right to counsel guaranteed by the Constitution cannot yet
be invoked at this stage. The right to be assisted by counsel
attaches only during custodial investigation and cannot be
claimed by the accused during identification in a police
lineup. (People vs. Pepino)
MIRANDA RIGHTS

1. The person arrested, detained, invited or under custodial

investigation must be informed in a language known to and
understood by him of the reason for the arrest and he must be
shown the warrant of arrest, if any; Every other warnings,
information or communication must be in a language known to
and understood by said person;
2. He must be warned that he has a right to remain silent and
that any statement he makes may be used as evidence against
him;
MIRANDA RIGHTS

3. He must be informed that he has the right to be assisted

at all times and have the presence of an independent and
competent lawyer, preferably of his own choice;
4. He must be informed that if he has no lawyer or cannot
afford the services of a lawyer, one will be provided for
him; and that a lawyer may also be engaged by any person
in his behalf, or may be appointed by the court upon
petition of the person arrested or one acting in his behalf;
MIRANDA RIGHTS

5. That whether or not the person arrested has a lawyer,

he must be informed that no custodial investigation in any
form shall be conducted except in the presence of his
counsel or after a valid waiver has been made;
MIRANDA RIGHTS

6. The person arrested must be informed that, at any time, he

has the right to communicate or confer by the most expedient
means - telephone, radio, letter or messenger - with his lawyer
(either retained or appointed), any member of his immediate
family, or any medical doctor, priest or minister chosen by him or
by any one from his immediate family or by his counsel, or be
visited by/confer with duly accredited national or international
non-government organization. It shall be the responsibility of the
officer to ensure that this is accomplished;
MIRANDA RIGHTS

7. He must be informed that he has the right to waive any

of said rights provided it is made voluntarily, knowingly and
intelligently and ensure that he understood the same;
8. In addition, if the person arrested waives his right to a
lawyer, he must be informed that it must be done in writing
AND in the presence of counsel, otherwise, he must be
warned that the waiver is void even if he insist on his
waiver and chooses to speak;
MIRANDA RIGHTS

9. That the person arrested must be informed that he may

indicate in any manner at any time or stage of the process
that he does not wish to be questioned with warning that
once he makes such indication, the police may not
interrogate him if the same had not yet commenced, or the
interrogation must ceased if it has already begun;
MIRANDA RIGHTS

10. The person arrested must be informed that his initial

waiver of his right to remain silent, the right to counsel or
any of his rights does not bar him from invoking it at any
time during the process, regardless of whether he may
have answered some questions or volunteered some
statements;
MIRANDA RIGHTS

11. He must also be informed that any statement or

evidence, as the case may be, obtained in violation of any
of the foregoing, whether inculpatory or exculpatory, in
whole or in part, shall be inadmissible in evidence.
EXTRAJUDICIAL CONFESSION

For the extrajudicial confession to be admitted in evidence,

the requisites are:
(a) voluntary,
(b) made with the assistance of a competent and
independent counsel,
(c) express, and
(d) in writing.
CONFESSIONS TO THE MEDIA

We have held that statements spontaneously made by a

suspect to news reporters on a televised interview are
deemed voluntary and are admissible in evidence. (People
vs. Adan)
TWO KINDS OF INVOLUNTARY OR COERCED CONFESSIONS

1. those which are the product of torture, force, violence,

threat, intimidation, which are dealt with in paragraph 2
of Section 12, and

1. those which are given without the benefit of Miranda

warnings, which are the subject of paragraph 1 of the
same Section 12.
SECTION 13.

All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
BAIL

Section 1 of Rule 114, as amended, defines bail as the

security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his
appearing before any court as required under the
conditions specified in said Rule. Its main purpose, then, is
to relieve an accused from the rigors of imprisonment until
his conviction and yet secure his appearance at the trial.
(Paderangan vs. CA and People)
BAIL AS A MATTER OF RIGHT OR DISCRETION

Bail is either a matter of right or of discretion. It is a matter

of right when the offense charged is not punishable by
death, reclusion perpetua or life imprisonment. On the
other hand, upon conviction by the Regional Trial Court of
an offense not punishable death, reclusion perpetua or life
imprisonment, bail becomes a matter of discretion.
(Leviste vs. People)
DUTIES OF A JUDGE IN THE APPLICATION FOR BAIL

1. In all cases, whether bail is a matter of right or discretion,

notify the prosecutor of the hearing of the application for
bail or require him to submit his recommendation;
2. Where bail is a matter of discretion, conduct a hearing of
the application for bail regardless of whether or not the
prosecution refuses to present evidence to show that the
guilt of the accused is strong for the purpose of enabling
the court to exercise its sound discretion;
DUTIES OF A JUDGE IN THE APPLICATION FOR BAIL

3. Decide whether the guilt of the accused is strong based

on the summary of evidence of the prosecution; and
4. If the guilt of the accused is not strong, discharge the
accused upon the approval of the bail bond. Otherwise
the bail should be denied.
(Te vs. Perez)
BAIL-NEGATING CIRCUMSTANCES

1. That he is a recidivist, quasi-recidivist, or habitual

delinquent, or has committed the crime aggravated by
the circumstance of reiteration;
2. That he has previously escaped from legal confinement,
evaded sentence, or violated the conditions of his bail
without valid justification;
3. That he committed the offense while under probation,
parole, or conditional pardon;
BAIL-NEGATING CIRCUMSTANCES

4. That the circumstances of his case indicate the

probability of flight if released on bail; or
5. That there is undue risk that he may commit another
crime during the pendency of the appeal.
(SECTION 5, RULE 114 OF THE RULES OF COURT)
SECTION 14.

(1) No person shall be held to answer for a criminal

offense without due process of law.
SECTION 14.

(2) In all criminal prosecutions, the accused shall be

presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the
production of evidence in his behalf.
SECTION 14.

However, after arraignment, trial may proceed

notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is
unjustifiable.
CRIMINAL DUE PROCESS

In criminal proceedings then, due process is satisfied if the

accused is "informed as to why he is proceeded against and
what charge he has to meet, with his conviction being made
to rest on evidence that is not tainted with falsity after full
opportunity for him to rebut it and the sentence being
imposed in accordance with a valid law. It is assumed, of
course, that the court that rendered the decision is one of
competent jurisdiction." (Nuñez vs. Sandiganbayan)
PRESUMPTION OF INNOCENCE

The presumption of innocence of an accused in a criminal

case is a basic constitutional principle, fleshed out by
procedural rules which place on the prosecution the burden
of proving that an accused is guilty of the offense charged
by proof beyond reasonable doubt. Corollary thereto,
conviction must rest on the strength of the prosecution’s
evidence and not on the weakness of the defense.
(People vs. Maraorao)
RIGHT OF CONFRONTATION

"To meet the witnesses face to face" is the right of

confrontation. Subsumed in this right to confront is the right
of an accused to cross-examine the witnesses against him
or her, i.e., to propound questions on matters stated during
direct examination, or connected with it.
(Liong vs. People)
WHEN PRESENCE OF THE ACCUSED IS REQUIRED

1. Arraignment and plea;

2. During trial, for identification;
3. Promulgation of sentence, unless for light offense.
SECTION 15.

The privilege of the writ of habeas corpus shall not be

suspended except in cases of invasion or rebellion when

the public safety requires it.

WRIT OF HABEAS CORPUS

A prime specification of an application for a writ of habeas

corpus is restraint of liberty. The essential object and
purpose of the writ of habeas corpus is to inquire into
all manner of involuntary restraint as distinguished
from voluntary, and to relieve a person therefrom if
such restraint is illegal. Any restraint that will preclude
freedom of action is sufficient. (In Re: Issuance of a writ of
habeas corpus of Reyes and Evangelista)
SECTION 16.

All persons shall have the right to a speedy disposition of

their cases before all judicial, quasi-judicial, or
administrative bodies.
The right to speedy disposition of cases is different
from right to a speedy trial.

SPEEDY DISPOSITION SPEEDY TRIAL

may be invoked before may only be invoked in
any tribunal, whether criminal prosecutions
judicial or quasi-judicial against courts of law
The right of the accused to a speedy trial and to a speedy
disposition of the case against him was designed to prevent
the oppression of the citizen by holding criminal prosecution
suspended over him for an indefinite time, and to prevent
delays in the administration of justice by mandating the courts
to proceed with reasonable dispatch in the trial of criminal
cases. Such right to a speedy trial and a speedy
disposition of a case is violated only when the
proceeding is attended by vexatious, capricious and
oppressive delays. (People vs. Sandiganbayan)
FOUR FACTORS IN DETERMINING THE EXISTENCE
OF INORDINATE DELAY (A.K.A. “BALANCING TEST”)
1. length of delay;
2. reason for delay;
3. defendant's assertion or non-assertion of his or her
right; and
4. prejudice caused to the defendant as a result of the
delay. (People vs. Sandiganbayan)
SECTION 17.

No person shall be compelled to be a witness against

himself.
COVERAGE

The constitutional right of an accused against self-

incrimination proscribes the use of physical or moral
compulsion to extort communications from the accused
and not the inclusion of his body in evidence when it may
be material. Purely mechanical acts are not included in the
prohibition as the accused does not thereby speak his guilt,
hence the assistance and guiding hand of counsel is not
required. (Dela Cruz vs. People)
COVERAGE

The essence of the right against self-incrimination is

testimonial compulsion, that is, the giving of evidence
against himself through a testimonial act.
(Dela Cruz vs. People)
SECTION 18.

(1) No person shall be detained solely by reason of his

political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except

as a punishment for a crime whereof the party shall have

been duly convicted.

SECTION 19.

(1) Excessive fines shall not be imposed, nor cruel,

degrading or inhuman punishment inflicted. Neither shall
the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
SECTION 19.

(2) The employment of physical, psychological, or

degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
SECTION 20.

No person shall be imprisoned for debt or non-payment of

a poll tax.
SECTION 21.

No person shall be twice put in jeopardy of punishment

for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
DOUBLE JEOPARDY

It has also been ruled that when two

informations refer to the same transaction, the
second charge cannot prosper because the accused
will thereby be placed in jeopardy for the second
time for the same offense. (Mallari vs. People)
DOUBLE JEOPARDY

The rule against double jeopardy protects the

accused not against the peril of second punishment
but against being tried for the same offense.
Without the safeguard this rule establishes in favor of
the accused, his fortune, safety and peace of mind
would be entirely at the mercy of the complaining
witness who might repeat his accusation as often as
it is dismissed by the court and whenever he might
see fit, subject to no other limitation or restriction
than his will and pleasure. (Mallari vs. People)
ELEMENTS OF DOUBLE JEOPARDY

1. The complaint or information was sufficient in form and

substance to sustain a conviction;
2. The court had jurisdiction;
3. The accused had been arraigned and had pleaded; and
4. The accused was convicted or acquitted or the case
was dismissed without his express consent.
FINALITY-OF-ACQUITTAL DOCTRINE

This means that a judgment of acquittal is immediately final

and unappealable.
EXCEPTION TO THE FINALITY-OF-ACQUITTAL DOCTRINE

1. When the prosecution is denied due process of law;

and
2. When the trial court commits grave abuse of discretion
amounting to lack or excess of jurisdiction in dismissing
a criminal case by granting the accused's demurrer to
evidence.
SECTION 22.

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

EX POST FACTO

An ex post facto law has been defined as one —

(a) which makes an action done before the passing of the law and
which was innocent when done criminal, and punishes such
action; or
(b) which aggravates a crime or makes it greater than it was when
committed; or
(c) which changes the punishment and inflicts a greater punishment
than the law annexed to the crime when it was committed; or
EX POST FACTO

(d) which alters the legal rules of evidence and receives

less or different testimony than the law required at the time
of the commission of the offense in order to convict the
defendant; or
(e) which assumes to regulate civil rights and remedies
only, but in effect imposes a penalty or deprivation of a
right which when exercised was lawful; or
EX POST FACTO

(f) which deprives a person accused of a crime of some

lawful protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty.
BILL OF ATTAINDER

“The essence of a bill of attainder is the substitution of a

legislative for a judicial determination of the legitimacy of a
deprivation. The constitutional ban against bills of attainder
serves to implement the principle of separation of powers by
confining legislatures to rule-making and thereby forestalling
legislative usurpation of the judicial function.”
(More Electric and Power Corporation vs. Panay Electric
Company, Inc.)
ELEMENTS OF BILL OF ATTAINDER

1. The singling out of a definite class;

2. The imposition of a burden on it, without or far
outweighing any non-punitive legislative purpose, and
a legislative intent to do so; and,
3. The lack of judicial trial.

(More Electric and Power Corporation vs. Panay Electric

Company, Inc.)
Summary of Rights Guaranteed Under the Bill of
Rights
1. Due Process of law and equal protection of the laws.
(Sec. 1)
2. Search and seizure (Sec. 2)
3. Privacy of communication and correspondence (Sec. 3)
4. Freedom of speech and of press (Sec. 4)
5. Freedom of religion (Sec. 5)
Summary of Rights Guaranteed Under the Bill of
Rights
6. Liberty of abode and travel (Sec. 6)
7. Right to information (Sec. 7)
8. Right of association (Sec. 8)
9. Taking of private property for public use (Sec. 9)
[Link] against impairment of obligation of contracts
(Sec. 10)
[Link] access to courts and quasi-judicial bodies and
adequate legal assistance (Sec. 11)
Summary of Rights Guaranteed Under the Bill of
Rights
[Link] to remain silent and to have competent and
independent counsel (Sec. 12)
[Link] to bail (Sec. 13)
[Link] process in criminal proceedings (Sec. 14)
[Link] corpus (Sec. 15)
[Link] disposition of cases before all judicial, quasi-
judicial, or administrative bodies (Sec. 16)
Summary of Rights Guaranteed Under the Bill of
Rights
[Link] against self-incrimination (Sec. 17)
[Link] of political belief and freedom against
involuntary servitude (Sec. 18)
[Link] against excessive fines, degrading or inhuman
punishment (Sec. 19)
[Link] against imprisonment for debt or non-payment
of a poll tax (Sec. 20)
Summary of Rights Guaranteed Under the Bill of
Rights
[Link] jeopardy (Sec. 21)
[Link] against ex post facto law and bill of attainder
(Sec. 22)
State and Non-State Actors
on Human Rights
Question: Who oversees the fulfillment and
protection of human rights in the Philippines?
Human rights are both rights and obligations, according
to the UN. The state – or the government – is obliged to
“respect, protect, and fulfill” these rights.

(Philippine National Police FAQ Re: Human Rights)

Question: Can the Government take away our
Human Rights?
No individual, no government – can ever take away our
human rights. Fundamentally, because everyone is a
human being and therefore a moral being.

(Philippine National Police FAQ Re: Human Rights)

Question: Is Commission on Human Rights (CHR)
an independent body which resolve cases?
In the Philippines, the Commission on Human Rights
(CHR) primarily handles the investigations of human
rights violations. However, it has no power to resolve
issues as stated in the Supreme Court decision in 1991.
Question: Is Commission on Human Rights (CHR)
an independent body which resolve cases?
Aside from investigations, it also provides assistance
and legal measures for the protection of human rights
guided by Section 18 Article XIII of the Philippine
Constitution.
(Philippine National Police FAQ Re: Human Rights)
Universal Declaration of Human
Rights
Main Instruments of Human Rights

1. Universal Declaration of Human Rights

2. The International Covenant on Economic, Social, and
Cultural Rights; and
3. International Covenant on Civil and Political Rights
and Its Two Optional Protocols
Universal Declaration of Human Rights (UDHR)

● It is the basic international statement of the

inalienable rights of human beings.
● Coverage:
○ civil and political rights
○ economic, social, and cultural rights
Universal Declaration of Human Rights (UDHR)

● Even if the Bill of Rights under the 1987 Constitution is

inoperative, the rights under the UDHR remains in
effect because it is a customary international law.
THANK YOU! :-)
REFERENCES

Philippine National Police FAQ Re: Human Rights

Political and Public International Law Reviewer, compiled by

Rehne Gibb Larena

Remigio Agpalo, Roxas Professor of Political Science,

University of the Philippines, Human Rights in the Philippines:
An Unassembled Symposium, 1977, pp. 1-2.