CHAPTER II
CONSTITUTIONAL AND
STATUTORY GUARANTEES
ON HUMAN RIGHTS
Article 2, Section 11 of the Constitution provides that “the State values the
dignity of every human person and guarantees full respect for human rights.”
The constitution guarantees the civil, political, social, economic and cultural
rights of every Filipino citizens under various articles and sections.
Example:
Civil Rights are enshrined in Art III of Bill of Rights
Social, Cultural, and Economic rights are guaranteed under Article II on the
declaration of Principles and State Policies
Art. XIII- Social Justice and Human Rights
Art. XIV- Education, Science and Technology, Arts, Culture and Sports
Art. XV- on the Family
Statutes that promotes human rights
Revised Penal Code, New Civil Code, Labor Code, Agrarian
Reform Law, Indegenous People’s Rights Act, Anti- Violence
Against Women and their Children, Anti-Child Abuse Law, Anti-
Child Pornography Law, Anti-Trafficiking in Persons Act
International Legal Instruments that Philippines has ratified
1. International Covenant on Economic, Social and Cultural Rights on June 7,
1974
2. International Covenant on Civil and Political Rights on October 23, 1986
3. Optional Protocol to the International Covenant on Civil and Political
Rights on August 22, 1989
4. International Convention on the Elimination of All Forms of Racial
Discrimination on September 15, 1981
5. Convention on the Elimination of All Forms of Discrimination against
Women on August 5, 1981
6. United Nations Convention against Transnational Organized Crime on May
28, 2002
7. Convention on the Rights of the Child on August 21, 1990
The Philippine Constitution
CIVIL RIGHTS
- Those that belong to every citizen of the state or country, or , in
wider sense, to all its inhabitants, and are not connected with the
organization or administration of the government
Guaranteed civil rights under Philippine Bill of Rights
1. RIGHT TO LIFE
The right to life essentially guaranteed the right of a person to
be alive and to fully enjoy life with dignity and honor.
The Philippine Supreme Court confirms that this is a non-
derogable right, which means that it cannot be suspended or limited
by the State even at times of national emergency or at times of war.
The beginning of life
-Philippine jurisprudence holds that life begins in the fertilization of the ovum by the sperm, that
is the meeting of the ripe ovum and the sperm.
The right to life of the unborn
-At the time, an ovum is fertilized, he shall be considered as human. As such, it shall be given
the protection, especially on its rights to life. Any contraceptive which attacks this fertilized
ovum shall be considered as violative of the right to life.
Imbong vs. Ochoa
Section 3. 01 (a) and G of the Implementing Rules and Regulations of the Reproductive Health
Law –prohibit those contraceptives that have the primary effect of being an abortive (the
expulsion of a human fetus out of the mother’s uterus)
According to the SC, such provisions are unconstitutional considering that these merely limit
the prohibition on abortifacients and do not cover those substances which may prevent the
transplantation of the fertilized ovum in the uterus.
The right to life includes the right to security in life
Right to security in life – “the right to exist and right to
enjoyment of life while existing , and it is invaded not only by a
deprivation of life but also of those things which are necessary to
the enjoyment of life according to the nature, temperament, and
lawful desires of the individual.”
2. THE RIGHT TO LIBERTY
The Constitution provides that no person shall be deprived of
their right to liberty without due process of law.
Correlatively, a person shall not be unjustly deprived of his
right to move from one place to the other or be illegally detained.
Personal liberty does not merely refer to freedom from physical
restraint; concept of personal liberty
- The constitutional right to liberty does not merely refer to freedom
from physical restraint, but also freedom of choice
The right to liberty is not absolute
A person may be restrained or detained under a valid warrant of arrest.
This presupposes that a criminal case was filed against such person and
that the warrant was issued by the judge upon his personal determination
that there exists a probable cause for such issuance.
Warrantless Arrest
1. If the person committed the crime within the view of a law enforcer
(in flagrante delicto)
2. When the crime was just committed and the law enforcer has
personal knowledge that the person to be arrested was the one who
committed the crime (hot pursuit)
3. When the person is an escapee or a fugitive of justice
A person’s right to liberty is violated even if there is no actual
physical restraint
Astorga vs. People
- The Court held that the accused is guilty of illegal detention
despite the absence of actual physical restraint of the victim. It was
found by the Court that there was a violation of the victim’s right to
liberty when the accused did not allow the victim to go home even
if the latter was allowed to move from one barangay to another. The
presence of armed men who are under the control of the accused
caused to fear to the mind of the victim that something would
happen if ever he insists to go home
Person’s right to bail is a consequence of his right to liberty
-The right to bail operates only when a person is deprived of his
personal liberty
-this flow from presumption of innocence of the accused until
proven guilty beyond reasonable doubt
- the freedom from physical restraint cannot be encroached upon by
the State without a conviction after a valid and legitimate trial
The privilege of the writ of habeas corpus and the right to liberty
-The high prerogative writ of habeas corpus is a speedy and effectual
remedy to relieve persons from unlawful restraint. It secures to a prisoner
the right to have the cause of his detention examined and determined by
a court of justice and to have it ascertained whether he is held under
lawful authority.
Broadly speaking, the writ of habeas corpus extends to all cases of illegal
confinement or detention by which any person is deprived of his liberty,
or by which the rightful custody of any person is withheld from the
person entitled thereto. Thus, the most basic criterion for the issuance of
the writ is that the individual seeking such relief be illegally deprived of
his freedom of movement or placed under some form of illegal restraint.
Privilege of writ of habeas corpus
- Refers to the remedy of a person to seek judicial intervention in
determining the lawfulness or validity of his detention.
- Through this, the court issues the extraordinary writ ordering the
government authority to produce the body of the detained person
and requires from such authority to explain the cause of the
detention. Should the jusge finds that there was no basis for the
detention, then the release of the detainee shall be forthright be
ordered
The right to liberty includes the concept of privacy
According to US Supreme Court Justice Louise Brandeis, the right to
be let alone is the most comprehensive of rights and the right most
valued by civilized men.
Justice Enrique Fernando adopting the ruling in Griswold vs.
Connecticut
-the right to privacy is accorded recognition independently of its
identification with liberty
-the concept of liberty would be emasculated if it does not likewise
compel respect for his personality as a unique individual whose
claim to privacy and interference demands respect.
3. THE FREEDOM OF EXPRESSION
Section 4., ART III. 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.
- This refers to the liberty to discuss publicly and truthfully any
matter of public interest without censorship and punishment.
- 2 main freedoms:
a. Freedom from prior restraint or censorship
b. Freedom from subsequent punishment
Prior restraint means the restriction on any form of expression
before it is actually published or disseminated.
Prior restraint means official governmental restrictions on the press
or other forms of expression in advance of actual publication or
dissemination. Its most blatant form is a system of licensing
administered by an executive officer. Similar to this is judicial prior
restraint which takes the form of an injunction against publication.
And equally objectionable as prior restraint is the imposition of
license taxes that renders publication or advertising more
burdensome.
Meanwhile, subsequent punishment is the act of punishing the
purveyor of illegal speech after it is published. It may be in any
form, such as penal, civil or administrative penalty
EXCEPTIONS:
The exceptions to this rule are pornography, false or misleading
advertisement, advocacy of imminent lawless action, and danger to
national security.
Freedom of expression , coverage and protected speech
- It protects all forms of speech or communication, be it through
radio, television, print or in public talks and gatherings.
- The Constitutional protection assures the broadest possible
exercise of free speech and free press for religious, political,
economic, scientific, news or informational ends, inashmuch as the
Constitution’s basic guarantee of freedom to advocate ideas is not
confined to the expression of ideas that are conventional or shared
by a majority.
- NOT absolute right. There are classes of speeches which are
unprotected such as when it is libelous, seditious, obscene and
subversive.
The right to be silent
Ebralinag vs. The Division Superintendent of School of Cebu
Justice Isagani Cruz’s consurring opinion
- The freedom of expression includes with it the right to be silent.
He said that to compel these students to salute to the flag “when
their religion bids them to be silent” is to “deny them of the right
not to speak”.
Protection granted to speeches, expression, and the press
2 basic protections
1. Freedom from censorship
- The right to every citizen to freely express his thoughts or the liberty of the
press to publish or air news or opinions cannot be generally subjected to
government permission before it can be expressed. This can be done through
regulations disguised as rules or laws, but in truth and in fact targeted towards
the infringement of the free exercise of the right.
Censorship may be made:
- A. content-based- dwells into the prohibition of speeches on account of their
subject matters
- B. Content-neutral- restraint speeches with respect to the place, time and
manner of their delivery. It is essential that the government censorship be
further classified into those in order for the court to determine the scope of a
permissible governmental intervention, hence to rule out which one is valid
and which is not.
4. RIGHT TO ASSEMBLY
- It is the right of every person to peaceably assemble and petition
the government for redress of wrong.
- Assembly means right on the part of citizens to meet peaceably for
consultation in respect to public affairs.
- Petition means that any person or group of persons can apply,
without fear of penalty, to the appropriate branch or office of the
government for a redress of grievances.
- This right is a necessary consequence of the Philippines as a
republican state and a complement of the freedom of expression.
A person’s right to assembly may be denied, grounds
Note: The right to peaceably assemble and to petition the
government for redress of wrong can be regulated by the State.
-can be denied on the ground of “clear and present danger” to
public order, public safety, public convenience, public morals, or
public health.
5. RIGHT TO PRIVACY
- Refers to the guarantee that a person should be “let alone.”
- Morfe vs. Mutuc- the right to privacy as such is accorded recognition independently of its
identification with liberty; in itself, it is fully deserving of constitutional protection.
Constitutional guarantees on privacy rights
a. The right to privacy in communication and correspondence
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.
b. The right against unreasonable searches and seizures
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.
REQUISITES OF A VALID SEARCH WARRANT
1. It must be issued upon “probable cause”
2. Probable cause must be determined personally by the judge
3. Such judge must examine under oath or affirmation the
complainant and the witnesses he may produce
4. The warrant must particularly describe the place to be searched
and the persons or things to be seized.
Instances where the search is valid even without a warrant
1. A warrantless search incidental to a lawful arrest
2. Search of evidence in plain view
3. Search of moving vehicle
4. Consented warrantless searches
5. Customs search
6. Stop and frisk
7. Search under exigent and emergency circumstances
6. RELIGIOUS LIBERTY
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.
2 guarantees
a. Non-establishment Clause- This crystallizes the
principle of separation of church and state. The state is
proscribed to intervene into the affairs of the church,
and vice versa.
b. Freedom of religious profession and worship – This
guarantee is further composed of right to believe and
right to act on one’s belief. The former is absolute while
the latter may be subjected to legitimate state
intervention when necessary to protect the rights of
others and in the interest of public welfare
7. THE RIGHT TO TRAVEL AND RESIDENCE
- The freedom to travel and to abode refers to the liberty of
every person to move and establish his residence from
one place to another . The liberty of movement can be
limited by the government through a law in the interest of
national security, public safety or public health or by court
order. Likewise, the right to abode or residence may also
be limited but should be done through a lawful order of
the court.
Note that courts may limit the right to travel of person even if not
on the basis of national security, public safety or public health or by
court order
- This is for the court to enforce its legal processes against the
accused as well as to preserve the orderly administration of justice
as well as to preserve and maintain the effectiveness of its
jurisdiction over the case and over the person of the accused.
- Even if the person is released on bail, the court can still deny him
of his right to move out of the Philippines, especially if there is a
positive determination that such accused is a flight risk.
Administrative agencies cannot arbitrarily impose limitations on the
person’s right to travel
- The right to travel may be limited through court order. However
this does not mean that executive agencies cannot regulate the
same. It may do so only when there is a sufficient ground based
on national security, public safety or public health and as may be
provided by law.
8. THE RIGHT TO INFORMATION
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. (ART III, CONSTITUTION)
The people has the right to inspect official information on on-going
negotiations before a final agreement.
However, not all government information may be accessed by the
public. Those which are classified as privileged under the
separation of powers, military, and diplomatic secrets, information
affecting national security and information on investigations of
crimes by law enforcers are removed outside of the ambit of this
right.
9. FREEDOM TO ASSOCIATE
All persons, be it in public or private employment, have the right to join or form an
association so provided that it is not contrary to law.
NOT ABSOLUTE: cannot be invoked in cases where the organization to be formed,
joined in or affiliated with is for the purpose of committing subversive activities against
the government. Such is not for lawful purpose.
The right to associate includes the right not to associate.
Case: Victoriano vs. Elizalde Rope Worker’s Union
An employee was dismissed on the basis of him not joining the labor union in
violation of the union security clause being observed in the company. The dismissed
employee invoked that his religious belief proscribes him from joining any association.
SC: the employee’s right to join an association includes with it the right to
disassociate or disaffiliate
9. RIGHT TO FREE ACCESS TO COURTS
AND FREE LEGAL ASSISTANCE
-It is a right by all Filipinos that they shall have free access to courts
as well as quasi-judicial agencies, and that the right shall not be
denied by reason of their inability to pay necessary fees.
Right to justice
- Right of a person to formally appear in court. He shall be given the
opportunity to present his case before a judicial body with the end
in view of seeking redress for any injuries he sustained or causes of
action he rightfully have.
Note: Just because a litigant is poor should not be a hindrance for
him to bring his case to the court considering that judicial litigation
entails cost (i.e. court docket and lawyer’s fees)
10. RIGHT AGAINST INVOLUNTARY SERVITUDE
No person shall be subjected to compulsory labor imposed against
his own free will. However, this is not an absolute prohibition , as
involuntary servitude may be imposed against a person as a
punishment after he was validly convicted.
Slavery: the condition of an individual who works for another
individual against his or her will as a result of force, coercion, or
imprisonment , regardless of whether the individual is paid for the
labor.
Ex. Forced marriages, trafficking in persons, debt bondage
11. RIGHT AGAINST EXCESSIVE FINES AND CRUEL,
DEGRADING, OR INHUMAN PUNISHMENT
No punishments in the form of excessive fines , and cruel,
degrading, and inhuman punishment shall be inflicted against any
person, even if he has been convicted by the court affording him of
trial.
A penalty is excessive if it is clearly disproportionate or too severe
for a penalty to be obnoxious to the Constitution. It must be
flagrantly and plainly oppressive, “wholly disproportionate to the
nature of the offense as to shock the moral sense of the community.
DEATH PENALTY:
The phraseology of 1987 Constitution with respect to the death
penalty clearly leads towards its abolition. However, the Congress in
the future, is not altogether proscribed to reinstate this penalty. Such
Congressional power is not without limit. The legislative body can
only provide for the capital punishment under compelling reasons in
cases of heinous crimes as it may determine. Consequently, any law
imposing for this penaltyshall be strictly construed against the State.
12. RIGHT TO HEALTH
It is settled that the right to health is a component of a person’s
right to life. As such, the state is ordered to protect and promote the
right to health of the people and still health consciousness among
them.
The Constitutional guarantee on people’s right to health is now
treated as self-executing provisions.
Tondo Medical Center Employees Association vs CA (2007)
NOT SELF EXECUTING- This means that they are not judicially
enforceable constitutional rights and can only provide guidelines for
legislation.
Imbong vs Ochoa (2014)
- There was an express holding by the Court that this provision shall
now be considered self-executing.
13. THE RIGHT TO ENVIRONMENT
All persons shall have the right to a balanced and healthful ecology. This
right carries with it a correlative duty to refrain from impairing the
environment. Such a right considers the rhythm and harmony of nature.
Oposa vs. Factoran
-Nature means the created world in its entirety. Such rhythm and harmony
indispensably include, inter alia, the judicious disposition, utilization,
management, renewal and conservation of the country’s forest, mineral, land,
waters, fisheries, wildlife, offshore areas, and other natural resources to the end
that their exploration, development, and utilization be equitably accessible to
the present as well as future generations.
Violations of the right to environment are actionable wrong
- In its present form as phrased under Section 16 of the Article II of
the Constitution, the right to a balanced and healthful ecology is
justiciable. This is self-executing provision which the court may
readily act upon without the need of an enabling law coming form
the Congress.
14. RIGHTS OF THE ACCUSED
1. Right to be presumed innocent
2. Right to criminal due process
3. Right to be informed of the nature and cause of the accusation against him
4. Right to speedy, impartial and public trial
5. Right to confront the witnesses against him
6. Right to have compulsory processes to secure the attendance of witnesses
and the production of evidence in his behalf
Right to be presumed innocent; doctrine of in dubio pro reo
- Any person accused of a crime enjoys the constitutional right to be
presumed innocent. The State carries with it the onus of proving
his guilt beyond reasonable doubt. The accused in turn, carries no
burden of proof on his or her shoulders.
- The State employs the principle of in dubio pro reo, that is when in
doubt as to the guilt of the accused, it shall be ruled in his favor
thereby acquittal is in order.
Right to criminal due process
Components:
1. The accused has been heard in a court of competent jurisdiction
2. The accused is proceeded against under the orderly processes of
law
3. The accused has been given notice and the opportunity to be
heard
4. The judgment rendered was within the authority of a
constitutional law
*to afford the accused of his day in court
As such, the accused must be given the opportunity to
present his witnesses and evidence as well as to secure legal
processes to produce these, to confront the witnesses presented
against him and to try his case speedily before an impartial tribunal.
15. RIGHT OF A PERSON DURING
CUSTODIAL INVESTIGATION
Custodial Investigation- commences as soon as the investigation
ceases to be a general inquiry into an unsolved crime and begins to
focus on a particular suspect, the suspect is taken into custody, and the
police carries out a process of interrogations that tends itself to eliciting
incriminating statement s that the rule begins to operate.
a. Right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own
choice.
b. He shall also have the right against torture, force, violence,
threat, intimidation, or any other means which vitiates the free
will and against secret detention places, solitary
incommunicado, or other similar forms of detention.
MIRANDA RIGHTS
a. Right to remain silent – the suspect shall have the right not to
respond to any statements given by the law enforcers. Such shall not
be interpreted as his admission of guilt.
b. Right to a competent and independent counsel- a person suspect for
the commission of a crime shall be given the right to secure the
services of an independent and competent counsel. In case he does
not have the capacity to engage the services of a lawyer, he shall be
given by the State for the purpose of protecting his right during
investigation
c. Right to be informed of his Miranda rights- a person’s right under
custodial investigation to be informed of the right to remain silent
and to counsel “contemplates the transmission of meaningful
information rather than just ceremonial and perfunctory recitation of
an abstract constitutional principle.”
Note: These rights can only be waived through writing and signed
by the person waiving his right in the presence of his counsel.
Otherwise, any confession , admission, or evidence obtained in
violation of the Miranda right shall be excluded in evidence against
the person.
16. RIGHT AGAINST TORTURE OF A
PERSON UNDER CUSTODIAL
INVESTIGATION
No torture or other means which vitiate the free will of the person
under custodial investigation shall be used.
Torture refers to the infliction of violent bodily pain upon a person
in connection with the interrogation or examination of the person.
The followings acts are considered torture:
1. Physical torture- form of treatment or punishment inflicted by a
person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more body parts
Ex. Systematic beating, headbanging, punching, kicking, food deprivation or
forcible feeding with spoiled food, electric shock, cigarette burning
2. Mental/ Psychological Torture
- Acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or
undermine a person’s dignity and morale.
Ex. Blindfolding, threatening a person’s/ relative’s with bodily harm, execution
or wrongful acts, confinement in solitary cells or secret detention places,
prolonged interrogation
17. RIGHT TO EDUCATION
The constitution recognizes the right of every citizen to quality
education. In response, it mandates the State to protect and
promote this right at all levels and to make education accessible to
all in order to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development.
However, it is also clear that the constitution merely secures free
public elementary and high school education. Nevertheless, it
enjoins State to establish adequate and relevant education,
scholarship grants and loan programs, out f school study programs,
and adult education.
The principle of Academic Freedom
Miriam College Foundation vs. CA
-Academic Freedom means freedom of the school to determine whom to
admit, the right to determine whom to exclude or expel, as well as to
impose lesser sanctions such as suspension.
Camacho vs. Coresis
-Academic Freedom means freedom of the teacher or research worker in
higher institutions of learning to investigate and discuss the problem of
science and to express his conclusions, whether through publication or in
the instructions of students, without interference from political or
ecclesiastical authority, or from the administrative officials of the
institution in which he is employed, unless his methods are found by
qualified bodies of his own profession to be completely incompetent or
contrary to professional ethics.
18. LABOR RIGHTS
Labor shall have the following rights:
1. Right to full employment and equality of employment opportunities for all
- this proscribes discrimination in all incidents of employment from
engagement or hiring, terms and conditions of works, until termination.
Employment of opportunities shall be equal regardless of sex, race or creed.
Principle of equal pay for equal work- persons who work with substantially
equal qualifications, skill, effort and responsibility, under similar conditions,
should be paid similar salaries.
2. Right to self-organization, collective bargaining and negotiations and peaceful
concerted activities
- Right to self- organization means right to join, form, or assist labor
organization.
3. Right to security of tenure, humane conditions of work, and a living
wage
- Security of tenure is a constitutionally-guaranteed right.
Employees may not be terminated from their regular
employment except for just or authorized causes under the Labor
Code and other pertinent laws
4. Right to participate in policy and decision-making processes affecting
their rights and benefits, and just share in the fruits of production
5. Right to strike
-workers have a right to a peaceful concerted activities including strike.
Strike- any temporary stoppage of work by the concerted action of
employees as a result of an industrial or labor dispute.
6. Right to a living wage
- It is the right of every worker to receive such wage to ensure a decent
standard of living. This should be in line with the goal that they should
be afforded a quality and dignity of life.
19. RIGHT TO ADEQUATE HOUSING
- It shall be the duty of the State to undertake a continuing program of
housing which will make available at affordable cost decent housing.
Informal settlers shall not be evicted nor their houses removed, except
in accordance with law and in a just and humane manner. Their
resettlements shall be made upon adequate consultation with them and
with the communities where they will be relocated.
20. WOMEN’S RIGHTS
- It is a declared policy that the State shall recognize the role of women
in nation-building, and shall ensure the fundamental quality before the
law of women and men.
Gender equality; Right of women against discrimination
- The constitution proscribes any forms of discrimination against women
by recognizing their fundamental role in the development of nation.
Philippine telegraph and Telephone Co. vs. National Labor Relations
- It was held that a company policy of not hiring married women runs
contrary to the principle of gender equality. This is a form of
discrimination against women where such policy was not justified by
bona fide occupational qualification.
The right to choose marriage as part of a woman’s personal liberty and
privacy
-The decision to marry and to whom are two of the most important
choices that a woman can make in her life. The State has no
business interfering with this choice.
21. CHILDREN’S RIGHTS
-Every child has the right to free public basic education, as well as
the right to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development.