NON-COMMISSIONED OFFICER ACADEMY
TRAINING AND DOCTRINE COMMAND, PHILIPPINE ARMY
Camp General Mateo Capinpin, Tanay, Rizal
LESSON PLAN
A. ADMINISTRATIVE DATA
1. TITLE: HUMAN RIGHTS
2. LESSON OBJECTIVE: To provide the candidate soldiers with basic
knowledge on Human Rights as guaranteed in the Constitution.
Task: Discuss the provisions of the Human Rights.
Condition: Lecture will be conducted in a classroom environment.
Standard: Acceptable performance is attained if the students would
participate and share their background pertaining the lesson.
3. Presented to: Candidate Soldier Course
4. Time Allotted: Eight (8) periods
5. Type of Presentation: Lecture
6. Uniform: As prescribed in the Training Schedule
7. Equipment: None
8. Issue Materials: Handout and related references.
9. Assignment/Reference(s): Comply with the requirements in the advance
sheet.
10. Training Requirements:
a. Additional Personnel: None
b. Classroom Requirements: Blackboard/Chalk, Eraser, Vu-graph
c. Instructional Aids: Visual Aids/Transparencies
B. LESSON OUTLINE
I. TITLE: HUMAN RIGHTS
II. INTRODUCTION: (5 min)
a. Greetings. (As appropriate)
b. Motivation
c. Scope of the Lesson
III. BODY/EXPLANATION: (3 Hrs & 50 min)
1. Importance of Human Rights
2. The Philippine Commission on Human Rights
3. Man’s Responsibility in Human Society
4. Basic Characteristics of Human Rights
5. Civil and Political Rights
6. Rights of the arrested or detained person
7. Right of Fair and Public Trial
8. Right to Privacy
IV. CONCLUSION (5 min)
a. Recapitulate.
b. Ask Question. Clarify of doubtful points.
c. Closure
C. LESSON MANUSCRIPT
I. LESSON TITLE: HUMAN RIGHTS
II. INTRODUCTION: (5 Min)
a. Greetings…(As appropriate)
b. Motivation. (Cite the objective and the importance of the lesson.
c. Scope of the lesson. (Show Transparency #1)
1. Importance of Human Rights
2. The Philippine Commission on Human Rights
3. Man’s Responsibility in Human Society
4. Basic Characteristics of Human Rights
5. Civil and Political Rights
6. Rights of the arrested or detained person
7. Right of Fair and Public Trial
8. Right to Privacy
III. PRESENTATION: (3 Hrs & 50 Min)
DEFINITION OF TERMS: (Show Transparency 2)
Human rights are generally defined as those rights, which are
inherent in our nature, and without which, we cannot live as human beings.
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ALLOW US TO DEVELOP
AND USE OUR HUMAN QUALITIES, INTELLIGENCE, TALENTS AND
CONSCIENCE, AND TO SATISFY OUR SPIRITUAL AND OTHER NEEDS.
THE DIGNITY OF MAN AND HUMAN LIFE IS INVIOLABLE.
THE DENIAL OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS NOT
ONLY IS AN INDIVIDUAL AND PERSONAL TRAGEDY, BUT ALSO CREATES
SOCIAL AND POLITICAL UNREST, SOWING THE SEEDS OF VIOLENCE AND
CONFLICT WITHIN A BETWEEN SOCIETIES AND NATIONS. AS THE FIRST
SENTENCE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
STATES, “RESPECT FOR HUMAN RIGHTS AND HUMAN DIGNITY IS THE
FOUNDATION OF FREEDOM, JUSTICE AND PEACE IN THE WORLD.”
A. Philippine commission on Human rights’
Human rights are supreme, inherent and inalienable rights to
life, dignity and self-development.
B. Man’s responsibility in Human Society
While freedom gives man the right to make moral decisions, he is
responsible for doing so and has to answer to his own conscience.
C. Basic characteristics of Human Rights
Human rights are generally characterized as inherent, fundamental,
inalienable, imprescriptibly, indivisible, universal and interdependent.
D. Civil and Political Rights as applied in the Philippines
The ideal of free human beings enjoying civil and political freedom
and freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy civil and political rights as well as his economic,
social and cultural rights.”
Right of Self – Determination
Includes the right to freely determine their political status and to
pursue their economic, social and cultural development (art. I, sec.1).
To prevent foreign influence, a provision in the 1986 Philippine
Constitution now reads:
“The state shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.” (Art. Ii, sec. 7)
Right to Life, Liberty and Security
The most basic human rights from which other rights flow is the
right to life. Art. 3 of the universal declaration of human rights states “ everyone
has the right to life, liberty and security of persons.”
Death penalty. No person, not event he state authority, has the
right to take the life of a person except in the cases of heinous crimes.
Admonition on death penalty. In his encyclical, evangelium vitae
(gospel of life,), issued on 25 march 1995, Pope John Paul ii admonished that
modern society now has all the means of effectively suppressing all crimes by
rendering criminals harmless without definitely denying them the chance to
reform.
Euthanasia—mercy killing. Another form of the deprivation of life
is the practice of euthanasia. “Euthanasia” mean the decision of a person who is
terminally ill with little hope of recovering may give his consent to a physician to
terminal his life or to withdraw all life support or medicine.
Abortion. Whether intentional or unintentional expulsion of the
fetus from the woman’s womb before the term of its viability is another violation
of the right to life.
Prohibition of slavery and involuntary servitude. Slavery has
been a legalized institution since the ancient Roman law period.
Article 8 of the covenant states
No one shall be held in slavery and slave trade in all forms shall be
prohibited.”
Involuntary servitude - forced labor
The Philippine constitution states,
“No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.” (art. I,
sec. 18 [2])
Exception on forced labor. Forced or compulsory labor is not
absolutely prohibited. Under article, 8 section 3(b) of the convention on civil and
political rights, forced or hard labor is legally allowed in countries where
imprisonment for hard labor may be imposed as a punishment for crime; for work
as ordered by a competent court or work required of a detained prisoner upon
lawful order of court or as a condition to his release; or service in a military
character or national service exacted in cases of emergencies or calamities or as
part of normal civil obligation.
Torture, cruel, inhuman or degrading treatment and punishment.
“no one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. In particular, no one shall be subjected without his free consent
to medical or scientific experimentation” (art 7, political covenant).
Equality before the law. “All persons are equal before the law and
are entitled without any discrimination to the equal protection of the law” (art. 26,
political covenant).
Arbitrary arrest and detention. “Every one has the right to liberty
and security of person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law” (art. 9 covenant).
Warrantles arrest. There are instances when any state police
officer or private person, without judicial warrant, may arrest a person who, (1)
has committed or is actually committing, or attempting to commit an offense in
his presence (2) when an offense was committed and he has personal
knowledge that the person to be arrested has committed the offense, (3) a
prisoner who has escaped. (Rule 113, sec. 5, rules of court.)
Military or police checkpoint. The practice of the police or the
military of maintaining checkpoints are some street corners and searching a
person passing or stopping a vehicle to conduct searches has been constituted
as violation human rights.
Rights of the arrested or detained Person
“Any person arrested by police or military authorities should be
informed, at the time of arrest, of the reasons of his arrest. He should be brought
promptly before a judge or other officer authorized by law to exercise judicial
power.
He shall be entitled to appropriate proceedings before a court, i
order that the court may decide without delay on the lawfulness of his detention,
and order his release if the detention is not lawful. A victim of unlawful arrest or
detention shall have an enforceable right to compensation.” (Art. 9, political
covenant)
Miranda doctrine. Promulgated by the u.s. supreme court in
Miranda vs. Arizona, 384 u.s. 436 (1960), ruling that during the investigation of a
detained person, he has the right to be informed of the charges against him and
to be assisted by an independent and competent counsel of his own choice when
making a statement.
Right of Fair and Public Trial
The accused is entitled to public trial by an impartial tribunal (art. 9,
political covenant).
The Philippine constitution has a corresponding provision, which
reads:
“In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proves, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public to have compulsory process
to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable” (art. Iii, sec. 14[2]).
Right of Confrontation
The right of the accused to meet the witnesses face to face is
intended to give the accused the opportunity to cross-examine them. The
said provisions are implanted in more detail under Rule 113 of the Rules of
court of the Philippines.
Self-incrimination. Article 14, section 3 (g) of the Philippine
constitution reads:
“A person may not be compelled to testify against himself or to
confess guilt”.
Presumption of innocence. One of the important rights of the
accused is his right to be presumed innocent (art. 2, sec. 14, political covenant).
Article iii, section 14(2) of the Philippine constitution likewise provides for
presumption of innocence of the accused until the contrary is proved.
Right to Bail
Bail. Is a security filed by an accused for his temporary release
(rule 114, rules, of court). An accused is entitled to bail except when he is
charged of a crime punishable by life or death sentence and the evidence is
strong (art. Ii, sec. 13, Philippine constitution).
Right to Appeal One’s conviction of a Crime
“Every one convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal according to law”
(art. 14, sec. 5, political covenant.).
The right of appeal is not expressly provided for in the
Philippine constitution but it is considered as a necessary requirement of
due process if it is granted by the statute as a means of correcting possible
substantial error committed by the trial court.
DOUBLE JEOPARDY. “No one shall be liable to be tried or
punished again for an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each country”. (art
14, sec. 7, political covenant.)
Right to compensation Due to Miscarriage of Justice
Article 14, Section 6 of the Covenant states that when a person has
a final conviction of criminal offense and when subsequently, his conviction has
been reversed or he has been pardoned on a ground that a new or newly
discovered fact shows conclusively that these has been a miscarriage of justice,
the person who has suffered punishment as a result of such conviction shall be
compensated according to law.
Special procedures for juveniles. “In the case of the juvenile
person, the procedure shall be such as will take account of their age and the
desirability of promoting their rehabilitation” (art. 14, sec. 4, covenant).
“Every child deprived of his liberty shall have the right to prompt
access to legal and other appropriate assistance” (art. 37[d], convention on the
rights of the child.)
Prohibition against ex-post facto law. “No one shall be held guilty
of any criminal offence on account of any act or omission which did not constitute
a criminal offense, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time when the criminal offence was committed. If, subsequent
to the commission of the offence, provision is made by law for the imposition of
the lighter penalty, the offender shall benefit thereby” (art 15, sec. 1, political
covenant)
Ex post facto law means a statute which renders a previously
innocent act a criminal offense, aggravates or increases the punishment for a
crime or alters the rules of evidence, or deprives an accused of some protection
or defense previously available.
F. RIGHT TO PRIVACY
(Show Transparency)
“No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks on his honor
and reputation.” (Art. 17, sec. 1, covenant).
Freedom of movement and choice of domicile. Everyone lawfully
within the territory of the state, shall, within the territory, have the right to liberty of
movement and freedom to choose his residence.
Asylum. Everyone has the right to seek and enjoy in other
countries asylum due to political persecution by his/her country. Asylum means
the granting of sanctuary by state to persons politically persecuted in his own
country.
Right of Nationality
Everyone has the right to nationality and no one shall be arbitrarily
deprived of his nationality (art. 15, universal declaration of human rights).
Nationality has a broader meaning than citizenship in political law.
IV. SUMMARY:
a. Recapitulation.
b. Ask Question. Clear all doubtful points in the lesson.
c. Closure.
NON-COMMISSIONED OFFICER ACADEMY
TRAINING AND DOCTRINE COMMAND, PHILIPPINE ARMY
Camp General Mateo Capinpin, Tanay, Rizal
HUMAN RIGHTS
(Student Handout)
DEFINITION OF TERMS:
Human rights are generally defined as those rights, which are
inherent in our nature, and without which, we cannot live as human beings.
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ALLOW US TO DEVELOP
AND USE OUR HUMAN QUALITIES, INTELLIGENCE, TALENTS AND
CONSCIENCE, AND TO SATISFY OUR SPIRITUAL AND OTHER NEEDS.
THE DIGNITY OF MAN AND HUMAN LIFE IS INVIOLABLE.
THE DENIAL OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS NOT
ONLY IS AN INDIVIDUAL AND PERSONAL TRAGEDY, BUT ALSO CREATES
SOCIAL AND POLITICAL UNREST, SOWING THE SEEDS OF VIOLENCE AND
CONFLICT WITHIN A BETWEEN SOCIETIES AND NATIONS. AS THE FIRST
SENTENCE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
STATES, “RESPECT FOR HUMAN RIGHTS AND HUMAN DIGNITY IS THE
FOUNDATION OF FREEDOM, JUSTICE AND PEACE IN THE WORLD.”
Philippine commission on Human rights’
Human rights are supreme, inherent and inalienable rights to life,
dignity and self-development.
Man’s responsibility in Human Society
While freedom gives man the right to make moral decisions, he is
responsible for doing so and has to answer to his own conscience.
Basic characteristics of Human Rights
Human rights are generally characterized as inherent, fundamental,
inalienable, imprescriptibly, indivisible, universal and interdependent.
Civil and Political Rights as applied in the Philippines
The ideal of free human beings enjoying civil and political freedom and
freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy civil and political rights as well as his economic,
social and cultural rights.”
Right of Self – Determination
Includes the right to freely determine their political status and to pursue
their economic, social and cultural development (art. I, sec.1).
To prevent foreign influence, a provision in the 1986 Philippine
Constitution now reads:
“The state shall pursue an independent foreign policy. In its relations with
other states the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.” (Art. Ii, sec. 7)
Right to Life, Liberty and Security
The most basic human rights from which other rights flow is the right to
life. Art. 3 of the universal declaration of human rights states “ everyone has the
right to life, liberty and security of persons.”
Death penalty. No person, not event he state authority, has the right to
take the life of a person except in the cases of heinous crimes.
Admonition on death penalty. In his encyclical, evangelium vitae (gospel
of life,), issued on 25 march 1995, Pope John Paul ii admonished that modern
society now has all the means of effectively suppressing all crimes by rendering
criminals harmless without definitely denying them the chance to reform.
Euthanasia—mercy killing. Another form of the deprivation of life is the
practice of euthanasia. “Euthanasia” mean the decision of a person who is
terminally ill with little hope of recovering may give his consent to a physician to
terminal his life or to withdraw all life support or medicine.
Abortion. Whether intentional or unintentional expulsion of the fetus from
the woman’s womb before the term of its viability is another violation of the right
to life.
Prohibition of slavery and involuntary servitude. Slavery has been a
legalized institution since the ancient Roman law period.
Article 8 of the covenant states
No one shall be held in slavery and slave trade in all forms shall be
prohibited.”
Involuntary servitude - forced labor
The Philippine constitution states,
“No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.” (art. I, sec. 18 [2])
Exception on forced labor. Forced or compulsory labor is not absolutely
prohibited. Under article, 8 section 3(b) of the convention on civil and political
rights, forced or hard labor is legally allowed in countries where imprisonment for
hard labor may be imposed as a punishment for crime; for work as ordered by a
competent court or work required of a detained prisoner upon lawful order of
court or as a condition to his release; or service in a military character or national
service exacted in cases of emergencies or calamities or as part of normal civil
obligation.
Torture, cruel, inhuman or degrading treatment and punishment. “no one
shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to
medical or scientific experimentation” (art 7, political covenant).
Equality before the law. “All persons are equal before the law and are
entitled without any discrimination to the equal protection of the law” (art. 26,
political covenant).
Arbitrary arrest and detention. “Every one has the right to liberty and
security of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law” (art. 9 covenant).
Warrantles arrest. There are instances when any state police officer or
private person, without judicial warrant, may arrest a person who, (1) has
committed or is actually committing, or attempting to commit an offense in his
presence (2) when an offense was committed and he has personal knowledge
that the person to be arrested has committed the offense, (3) a prisoner who has
escaped. (Rule 113, sec. 5, rules of court.)
Military or police checkpoint. The practice of the police or the military of
maintaining checkpoints are some street corners and searching a person passing
or stopping a vehicle to conduct searches has been constituted as violation
human rights.
Rights of the arrested or detained Person
“Any person arrested by police or military authorities should be informed,
at the time of arrest, of the reasons of his arrest. He should be brought promptly
before a judge or other officer authorized by law to exercise judicial power.
He shall be entitled to appropriate proceedings before a court, i order that
the court may decide without delay on the lawfulness of his detention, and order
his release if the detention is not lawful. A victim of unlawful arrest or detention
shall have an enforceable right to compensation.” (Art. 9, political covenant)
Miranda doctrine. Promulgated by the u.s. supreme court in Miranda vs.
Arizona, 384 u.s. 436 (1960), ruling that during the investigation of a detained
person, he has the right to be informed of the charges against him and to be
assisted by an independent and competent counsel of his own choice when
making a statement.
Right of Fair and Public Trial
The accused is entitled to public trial by an impartial tribunal (art. 9,
political covenant).
The Philippine constitution has a corresponding provision, which reads:
“In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proves, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to
have a speedy, impartial, and public to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However,
after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable”
(art. Iii, sec. 14[2]).
Right of Confrontation
The right of the accused to meet the witnesses face to face is
intended to give the accused the opportunity to cross-examine them. The
said provisions are implanted in more detail under Rule 113 of the Rules of
court of the Philippines.
Self-incrimination. Article 14, section 3 (g) of the Philippine constitution
reads:
“A person may not be compelled to testify against himself or to confess
guilt”.
Presumption of innocence. One of the important rights of the accused is
his right to be presumed innocent (art. 2, sec. 14, political covenant). Article iii,
section 14(2) of the Philippine constitution likewise provides for presumption of
innocence of the accused until the contrary is proved.
Right to Bail
Bail. Is a security filed by an accused for his temporary release (rule 114,
rules, of court). An accused is entitled to bail except when he is charged of a
crime punishable by life or death sentence and the evidence is strong (art. Ii, sec.
13, Philippine constitution).
Right to Appeal One’s conviction of a Crime
“Every one convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law” (art. 14, sec. 5,
political covenant.).
The right of appeal is not expressly provided for in the Philippine
constitution but it is considered as a necessary requirement of due
process if it is granted by the statute as a means of correcting possible
substantial error committed by the trial court.
DOUBLE JEOPARDY. “No one shall be liable to be tried or punished
again for an offence for which he has already been finally convicted or acquitted
in accordance with the law and penal procedure of each country”. (art 14, sec. 7,
political covenant.)
Right to compensation Due to Miscarriage of Justice
Article 14, Section 6 of the Covenant states that when a person has a
final conviction of criminal offense and when subsequently, his conviction
has been reversed or he has been pardoned on a ground that a new or
newly discovered fact shows conclusively that these has been a
miscarriage of justice, the person who has suffered punishment as a result
of such conviction shall be compensated according to law.
Special procedures for juveniles. “In the case of the juvenile person, the
procedure shall be such as will take account of their age and the desirability of
promoting their rehabilitation” (art. 14, sec. 4, covenant).
“Every child deprived of his liberty shall have the right to prompt access to
legal and other appropriate assistance” (art. 37[d], convention on the rights of
the child.)
Prohibition against ex-post facto law. “No one shall be held guilty of any
criminal offence on account of any act or omission which did not constitute a
criminal offense, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time when the criminal offence was committed. If, subsequent
to the commission of the offence, provision is made by law for the imposition of
the lighter penalty, the offender shall benefit thereby” (art 15, sec. 1, political
covenant)
Ex post facto law means a statute which renders a previously
innocent act a criminal offense, aggravates or increases the punishment
for a crime or alters the rules of evidence, or deprives an accused of some
protection or defense previously available.
RIGHT TO PRIVACY
“No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honor
and reputation.” (Art. 17, sec. 1, covenant).
Freedom of movement and choice of domicile. Everyone lawfully within
the territory of the state, shall, within the territory, have the right to liberty of
movement and freedom to choose his residence.
Asylum. Everyone has the right to seek and enjoy in other countries
asylum due to political persecution by his/her country. Asylum means the
granting of sanctuary by state to persons politically persecuted in his own
country.
Right of Nationality
Everyone has the right to nationality and no one shall be arbitrarily deprived of
his nationality (art. 15, universal declaration of human rights). Nationality has a
broader meaning than citizenship in political law.
NON-COMMISSIONED OFFICER ACADEMY
TRAINING AND DOCTRINE COMMAND, PHILIPPINE ARMY
Camp General Mateo Capinpin, Tanay, Rizal
ADVANCE SHEET
Date Updated:
Reference
I. TITLE: HUMAN RIGHTS
II. LESSON OBJECTIVE: To provide the candidate soldiers with basic
knowledge on Human Rights as guaranteed in the Constitution.
Task: Discuss the provisions of the Human Rights.
Condition: Lecture will be conducted in a classroom environment.
Standard: Acceptable performance is attained if the students would
participate and share their background pertaining the lesson.
III. ASSIGNMENT: Read student handouts for better understanding.
IV. SPECIAL INSTRUCTION: None