Human Rights

-Define as supreme, inherent, and inalienable rights to life to dignity, and to self development, rights to life, to
dignity, and to self development. The essence of these rights makes human.
Basic Characteristics of Human Rights
1. Inherent – Natural or inborn. Not granted by any person or authority
2. Fundamental- Essential Without them, the life and dignity of man will be meaningless
3. Inalienable- Cannot be rightfully taken away from a free individual
4. Imprescriptible- Cannot be lost even if man fails to use or assert them, even by long period of time
5. Indivisible- Not capable of being divided Cannot be denied even when other rights have already been
enjoyed
6. Universal- applies irrespective of ones origin, status, or condition or place where one lives
7. Interdependent -the fulfillment or exercise of one cannot be had without the realization of the other
According to Source
1. Natural Rights – God given rights acknowledged by everybody to be morally good. Unwritten but
prevail as norms of the society
2. Constitutional Rights – Conferred and protected the constitution and which cannot be modified or
taken away by law making body.
3. Statutory- Those rights which are provided by law promulgated by the law making body. May be
abolished by the body that created them.
According to Recipient
1. Individual Rights – Accorded to individual, Ex. Right to vote, right to own property, etc.
2. Collective Rights- Also called peoples rights or solidarity rights right of the society, those that can be
enjoyed only in company with others.
According to aspect of life
1. Civil Rights- Which the law will enforce at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of happiness.
2. Political Rights- Which enable us to participate in running the affairs of the government either directly
or indirectly.
3. Economic and social rights- Those which the law confers upon the people to enable them to achieve
social and economic development.
4. Cultural Rights- that ensure the well-being of the individual of the individual and foster the
preservation, enrichment, and dynamic evaluation and foster the preservation, enrichment and
dynamic evolution of national culture based on the principle.
According to Derogability
1. Absolute or Non Derogable Rights- those that cannot be suspended nor taken away nor
restricted/limited even in extreme emergency and if the government invokes national security.
2. Derogable or can be Limited Rights- May be suspended or restricted or limited depending on the
circumstances which call for the preservation of social life. It must satisfy three requirement for it ti be
valid.

Human rights Violation

Slavery- Africans were stripped of human rights, enslaved, brutally treated and considered lesser than human
beings for centuries.
Holocaust – Also known as Shoah, was the genocide of European jews during wolrd war II. Between 1941 and
1945, Nazi Germany and its collaborators systematically murdered some six million jews across German-
occupied Europe.
Freedom Vs. Human rights
Two of the key values that lie at the core of the idea of human rights are human dignity and equality.
Freedom; Because the human will is an important part of human dignity. To be forced to do something against
our demeans the human spirit.
Non-state actors includes organization and individuals that are not affiliated with directed by, or funded
through the government. The include corporations private financial institutions, and NGOs.
- Human rights of others in the private sphere needs to be addressed also non state entities are obliged,
as a minimum, to comply.
- Whenever power id exercised, there is the risk that is used in an unrestricted manner violating the
human rights of individual.
International court of justice
- Known as the world court, the principal judicial organ of the united Nations (UN) has the two fold role.
- First, settles, disputes such as land frontiers, maritime boundaries, territorial sovereignty, and other
dispute between two nations.
- Second, the ICJ gives advisory opinion on legal referred to it.
International Human Rights Law
- It is a set of rules which seek, for humanitarian reason, to limit the effects of armed conflict.
- It protects persons who are not or are no longer participating in the hostilities and restricts the means
and methods of warfare. It is also known as law of war or the law of armed conflict which regulates the
conduct of warfare.
The UN and International Conventions on rights of prisoners of war, and in Conflict Areas
Geneva Convention- Provides a wide range of protection for prisoners of war. It defines their rights and sets
down detailed rules for their treatment and eventual release.
Prisoners of war POW’s
1. Member Of the armed forces- a party to the conflict as well as member of militias or volunteer corps
forming par such armed forces.
2. Person who accompany the armed forces without actually being a members thereof- such as civilian
members of the military aircraft crews, war correspondents, supply contractors, etc.
3. Members of crews war, including masters, pilots and apprentices of the merchant marine- and the
crew of civil aircraft of the parties to the parties to the conflict.
4. Inhabitants of a non-occupied territory – who on the approach of the enemy spontaneously take up
arms to resist the invading forces.
Rights of the POW’s
1. The pows cannot be compelled to give any information other than their name, rank, age and service
number.
2. If because of his physical or mental condition , he is unable to answer the question, he should be
handed to the medical corps.
3. A pow’s must be allowed to keep with him all his personal possession which does not includes arms
and military papers.
4. The Pow’s Shall be released and repatriated immediately after the cessation the active hostilities.
5. They should be treated with honor and humanity.
6. Pow’s should be allowed to inform the international committee of Red Cross of their capture.
7. They should be allowed to inform their family of their status.
8. If held captive for the long period of time, they should be allowed to contact their relatives on a regular
basis.
9. They are allowed to receive packages
10. Pow’s should be provided with adequate food.
 11. When held captive for long, they should be provided with housing as well as clothing.
12. They should not be made to do any work dangerous or degrading work.
13. They should be reimbursed if any work was done by them.
14. If a Pows has been wounded in the battlefield, he shall receive help from the international committee
of red cross
International Committee of red cross
- An Independent, neutral organization ensuring humanitarian protection and assistance for victims of
armed conflict and other situations of violence.
Salient core task of the committee (derived from the Geneva convention and its own statutes)
 To monitor compliance of waring parties with the Geneva convention.
 To organize nursing and care for those who are who are wounded on the battlefield
 To supervise the treatment pf prisoners of war.
 To help with the search for missing person in armed conflict
RA 9851
Hors de combat
- Means a person who:
1. Is in the power of an adverse party
2. Has clearly expressed an intention to surrender
3. Has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of depending
SEC. 17 Jurisdiction. Over persons, whether military or civilian, provided any one of the following condition
is met
a. The accused is a Filipino citizen
b. The accused, regardless of citizenship or residence, is present in the Philippines or
c. The accused has committed the said crime against the filipino citizen
Bill of rights (Art III 1987 Constitution)
- It is a declaration and enumeration of a person’s rights and privileges which the constitution is
designated to protect against violation by the government or by individual or groups of individuals. It is
a charter of liberties for the individual and a limitation upon the power of state
SEC. I : No person Shall be deprived of life, liberty, or property without due process of law, nor shall any
person denied the equal protection of laws.
Due Process
- Under the authority of the law that is valid under the constitution itself and
- After compliance with fair and reasonable methods of procedure required by law.
Constitution Deprivation
 Deprivation of life- the loss of any of the various physical and mental attributes which man must have
to live as human being.
 Deprivation of liberty- that one is duly prevented from acting the way he wishes to do.
 Deprivation of property- when its value is destroyed.
Equal protection of law
 It signifies that all persons subject to legislation should be treated alike under the circumstances and
conditions both in privileges conferred liabilities imposed.
SEC. II : The right of the people to be secure in their persons, house, papers and effect against unreasonable
searches and seizures of whatever nature and any purpose shall be inviolable, and no search warrant or
warrant of arrest shall be 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 person or thing to be seized.
Scope of protection
 Persons- applies to every citizen of the Philippines including aliens.
 Houses- not limited to dwelling but extends to a garage, warehouse, shop, store and even safety
deposit vault.
 Papers and effects- includes sealed letters and packages in the mail which may be opened and
examined only in pursuance of a search warrant.
Probable Cause
- Fact and circumstances as are sufficient to engender a well-founded belief that a crime has been
committed and that respondent is probably guilty thereof, and should be held for trial.
Warrant of Arrest vs Search Warrant
 Search Warrant- Is an order in writing, issued in the name of the people of the Philippines, signed by a
judge, and directed to a peace officer, commanding him to search for personal property and bring it
before the court. (10 days from date of issuance)
 Warrant arrest – signed by the judge directed to a peace officer commanding him to arrest the person
specified therein. (10 days from date of issuance but it can be renewed upon failure to arrest)
Arrest without a warrant
a. When in his presence, the person to be arrested has committed, is actually committing, an offense
(par. a, Sec. 5, Rule 113);
 Also termed as in flagrante delicto arrest.
Requirements that must be present:
 First , the person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime and
 Two, such overt act is done in the presence or within the view of the arresting officer.
- It is not sufficient that the suspect exhibits unusual or strange acts or simply appears suspicious.
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
(par. b, sec5, rule 113)
- This is also known as hot pursuit arrest. The phrase has just been committed connotes immediacy.
- The measurement of immediacy is between the time the offense was committed and the time the
arrest was made.
When can search be made without a warrant?
1. Warrantless Search Incidental to a lawful arrest
A person lawfully arrested may be searched for dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense without a search warrant.
When can search be made without a warrant?
2. Search of evidence in plain View
Plain View simple means anything seen on plain sight or having visual on things that are readily
observable.
 The evidence must be immediately apparent
 The evidence was inadvertently discovered by the police who have the right to be where they
are.
Inadvertence- means that the police officers conducting the search must bear no knowledge that the evidence
was present in that place and that upon execution of search, was accidentally discovered.
When can search be made without a warrant?
3. Search to a moving Vehicle
The vehicle inherent mobility reduces expectation of privacy especially when its transit in public
thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant
committed a criminal activity.
When can search be made without a warrant?
4. Consented warrantless search- Consented warrantless search refers to the act of relinquishing or
abandoning the right against search.
Characteristics and environment in which consent is given:
1. Age of the defendant
2. Whether he was in public or secluded location
3. Whether he objected to the search or passively looked on
4. The education and intelligence of the defendant
5. The presence of coercive police procedure
6. Defendant’s belief that no incriminating evidence will found
7. The nature of the police questioning
8. The environment in which the questioning took place
9. The possibly vulnerable subjective state of the person consenting
When can search be made without a warrant?
5. Custom search
-Police officers generally empowered by law to effects arrest and execute process of court, when acting
under the direction of courts, when a ting under the direction of the collector (par. d, sec. 2203
RA1937) has authority to conduct custom searches within the jurisdiction of the Bureau of Customs.
When can search be made without a warrant?
6. Stop and frisk or Terry searches
-The act of a police officer to stop a citizen on the street interrogate him, and pat him for weapons or
contrabands. The grounds of suspicious are reasonable when is based on actual facts strong to create
the probable cause

“Stop and frisk” search should be limited to outer clothing

Police officers should not rely on rely on single suspicious circumstance there should be a presence of
more than on seemingly innocent activity, which, taken together, warranted a reasonable inference of
criminal activity.”
7. Exigent and emergency Circumstances
- Refer to situations or events that require quick or instantaneous judgement or decision from the police
officer
Example:
 Access to a burning house to rescue an occupant
 A police officer hearing gunfire inside the house
 Emergency aid to a person being injured inside an establishment
8. Inspection of building and other premises for the enforcement of fire, sanitary and building regulations
Section III: The privacy of communication and correspondence shall be in violable except upon lawful order of
the court, or when public safety or order requires otherwise as prescribed by law.
What is right of privacy?
Is concisely defines as the right to be left alone or to be free from undesired publicity without unwarranted
interference by the public is not necessarily concerned.

Warrant to intercept Computer Data (WICD)

It is order in writing issued in the name of the people of the Philippines, signed by the judge, upon application
of law enforcement authorities the latter to carry out any or all of the following activities.
1. Listening to
2. Recording
3. Monitoring
4. Surveillance of the content of commutations eavesdropping or tapping device
Section IV: 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.

What is freedom of expression?

The right to freely utter and publish whatever one pleases without previous restraint, and to be protected
against any responsibility for so doing as long as it does not violate the law, or injure someone’s character,
reputation or business.

Limitation
1. Slander- making false statement damaging ones reputation. Oral defamation against another
2. Libel- Published false statements that damage ones reputation

Section V: 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 of
preference, shall forever be followed. No religious test shall be required for the exercise of civil or political
rights.

Religious Freedom
The right to worship God, and entertain such religious views as appeal to his individual conscience, without
dedication or interference by any person or power, civil or ecclesiastical.

What is religious test?

One demanding the avowal or repudiation of certain beliefs before the performance of any act.
Example: law prescribing the religious qualification of public officials, or employees, whether appointive or
elective, or of voters.
Section VII. 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 not be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.

Liberty of abode and travel

The right of person to have his home in whatever place chosen by him and thereafter to change it at will, and
to go where he pleases, without interference from any source.

Limitations
Permissible interference- the right is disqualified by the clauses except upon lawful order of the court and
except in the interest of national security, public safety, or public health
Section 7 The right of the people to information on matters of public concern shall be recognized. Access to
official records, and documents and papers pertaining to official acts, transactions, or decision, as well 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.
Scope of the right
- The right embraces all public records
- It is limited to citizen only but it is without prejudice to the right if aliens to have access they are
litigants
- Its exercise is subject to limitation
Section 8 the right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purpose not contrary to law shall not be abridged.

Right to form association- the freedom to organize or be a member of any group or association, union, or
society, and to adopt the rules which the member judge most appropriate to achieve their purpose.
Section 9. Private property shall not be taken for public use without just compensation.
 Taking- refers not only to actual physical seizure or appropriation of the property but also to its
destruction or impairment.
 Salus populi suprema est lex- the welfare of the people is the supreme law
 Police power- refers to as the power of the state to enact laws or regulations in relation to persons and
property as may promote public health, morals, public safety, and the federal welfare and convenience
of the people.
 Eminent domain- the right or power of the state or of those to whom the power has been lawfully
delegated to take private property for public use upon paying to the owner a just compensation to be
ascertained according to the law
Limitation;
- Existence of public use- shall mean public benefit, public utility, or public advantage, or whatever is beneficially
employed for the community
- Payment of just compensation- values shall be determined by the proper court based on the market value at
the time of the taking of the property.
- Observance of due process of law in the taking- this requires that the owner shall have due notice and hearing
in the expropriation proceedings

Section 10 No law impairing the obligation of contracts shall be passed

 Obligation of contract- duty which binds the parties to perform their agreement according to its terms
or intent, if it is not contrary to law, morals, good customs, public order, public policy.
 When does a contract become impaired
When its terms consent of the other, thereby weakening the position or rights of the later.
Section 11 free access to the courts and quisi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.
Constitutional rights of the accused
 Right to adequate legal assistance
 Right to informed of his to remain silent and to counsel
 Right to be informed of the cause and nature of the accusation
 Rights against torture, force violence, or any other means which vitiates free will
 Rights against being held secret, incommunicado, or solitary detention
 Right to bail and against excessive bail right to due process of law
 Right to presumption of innocence
 Right to be heard by himself and counsel
 Right to speedy and Impartial trial
  Right to meet the witness face to face
 Right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf
 Right against self incrimination
 Rights against detention by reason of political beliefs
 Rights against excessive fines
 Rights against cruel, degrading or inhuman punishment
 Right against infliction of the death penalty except for heinous crimes
 Rights against double jeopardy
Section 12.
1. Any person under investigation shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferable of his own choice. These rights cannot be waived
except in writing and in the presence of the counsel.
2. No torture, force violence, treat, intimidation, or any other means which vitiates the free will shall be
use against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
3. Any confession or admission obtained in violation of this or section 17 thereof shall be admissible in
evidence against him.
4. The law shall provide for penal and civil sanctions for violations and this section
Section 13. all person, except those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable, or be provided by law. Excessive bail shall not be required.
What is bail?
The security required by a court and given for that provisional or temporary release of a person who is in
custody of the law conditioned upon his appearance before any court as required under the conditions
specified
Section 14.
1. No person shall be held to answer for a criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the constitutional rights of the accused.
When can the accused be absent in trial?
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.
Note; a public trial is not of necessity one to which the whole public is admitted, but it is one which is open
to all, as that of the accused friends, relatives, and others who may be inclined to watch the proceedings in
order to see if justice is intelligently and impartially administered.
Section 15. the privilege of the writ of habeas corpus shall not be suspented except in cases of invasion or
rebellion when the public safety requires it.
 Writ of habeas Corpus- An order issued by a court of competent jurisdiction, directed to the person
detaining another, commanding him to produce the body of the prisoner at the designated time and
place and to show sufficient cause for holding in custody the individual so detained.
 As to cases of invasion or rebellion- the state has the right to hold in preventive imprisonment
pending investigation and trial of a person who plot against it or commit acts that endanger its very
existence.
Section 16. All person shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial or administrative bodies.
The above provision upholds the time honored tradition of speedy justice for as stated in old dictum- justice
delayed justice denied
Section 17. No person shall be compelled to be witness against himself .
This is a protection against self incrimination which may expose a person to criminal liability
Section 18.
1. All person shall be detained solely by reason of his political beliefs and aspirations.
2. No involuntary Servitude in any form shall exist except as punishment for a crime whereof the party
shall have been duly convicted.
Involuntary Servitude- denotes a condition of enforced, compulsory service of one to another. It includes
the following;
Slavery- the state of entire subjection of one person to the will of another.
Peonage- the voluntary submission of a person (peon) to the will of another of his dept.
Exception ;
 Punishment for crime
 Civil or military service as required for citizens for the defense of the state
 Injunctions requiring striking laborers to return to work pending settlement of a dispute
 Exceptional services such as military and naval services
 Parents exercising authority over their children in the performance of reasonable amount of work
 Assistance in the protection of peace and order of the community or to help build repair public
highways and street
Section 19.
1. Excessive fine shall not be imposed, nor cruel, degrading or inhuman punishment inflected. Neither
shall the death penalty be imposed unless, for compelling reasons involving heinous crimes, the
congress hereafter provides for it.
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 dept or non-payment of a poll tax.
 Dept- Any liability to pay money arising out of contact, express, or implied.
 Poll tax- is a tax of fixed amount imposed on individuals residing within a specified territory, whether
citizens or not, without regard to their property or the occupation in which they may be engaged.
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.
Rights against Double jeopardy
Means that when a person is charged and the case is terminated either by acquittal or conviction or in any
other manner without the express consent of the accused, the latter cannot again be charged with the same
or identical case.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Ex post facto law- the law having retroactive effect is one which, operating retrospectively
 Makes an act criminal even committed before the passage of a law
 Aggravates a crime compared to when it was committed
 Change the punishment and inflicts a greater punishment
 Alters the legal rules of evidence, and receives less testimony from what the law originally required as
time the offense was committed, in order to convict the offender.
Bill of attainder – a legislative act which inflicts punishment without a judicial trial.
Note; if the punishment is less than death the act shall be called as bill of pain and punishment

Women and children’s rights

Various laws on women and children’s rights

 Civil code of the Philippine
 Family code of the Philippine
 Labor code of the Philippines
 Child and youth welfare code (PD603)
 Anti- violence against women and their children act ( RA9262)
 Child protection act ( RA No. 7610)
 Juvenile justice and welfare act (RA 9344)
 Magna carta of women (RA 9710)
 Act on the Prohibition of the death penalty (RA 9346)
The 12 rights of Filipino Children (PD 603)
1. Every child has the right to be born well.
It is the responsibility of the parents to make sure they can provide a safe environment for their
unborn child.
2. Every child has the right to a wholesome family life.
The child first learning environment and teacher are their home and family they are intitled to be part
of loving family that will instill ethical values and morals in them.
3. Every child has the right to be raised well and become contributing member of the society.
Parents and guardians can shape the personalities of their young to be useful and contributing
member of their respective communities .
4. Every child has the right to basic needs.
The four basic needs of the people outline in the law are as follows; a balanced diet, adequate clothing,
sufficient shelter and proper healthcare.
5. Every child has the right to access what they need to have a good life.
A child ‘s need must always be attended to so they feel the support of people around them, which in
turn will build and strengthen their character in adulthood.
6. Every right has the right to education.
In an ideal world, every child should have the means to go to classroom and have the access to bools
and learning materials.
7. Every child has the right to play and enjoy their youth.
Children have the right to engage in wholesome recreational activities.
8. Every child has the right to be protected from danger.
This includes all hazard that could affect their physical, mental, and emotional sates.
9. Every child has the right to live in a productive environment.
Children should be surrounded by safe communities that inspire them to give back when they are
older. This means staying away from bad influences.
10. Every child has the right to be cared for in the absence pf their parent or guardian
If the parent or guardian fails to fulfill their role, the states shall assume custody and care for the child,
providing them with their fundamental needs for growth and development.
11. Every child has the right to good governance.
Children also have a right to be born under the presence of the good governance that can inspire them
to become a helpful and active citizen.
12. Every child has the right to freedom and peace.
Every child is intitled to do whatever they want in their lives, so long as it contributes to the peace and
betterment of the communities they are part of.
Rights of cultural Minorities
Republic Act No. 8371- An act to recognize Protect and promote the right of indigenous culture communities/
indigenous people, creating a national commission on indigenous peoples, establishing implementing
mechanisms, appropriating founds thereof, and other purposes.
Salient Rights of cultural Domains- Ancestral Domains refer to all areas generally belonging to ICCs/IPs
compromising lands, inland waters, coastal areas, and natural resources therein.
Rights to ancestral Lands- The right of ownership and possession of the ICCs/ IPs to their ancestral lands shall
be recognized and protected.
- Refers to land occupied, possessed and utilized by individuals, families and clans who are members of
the ICCs/IPs
Right to self Governance and empowerment- self governance and self determination and respects the
integrity of their values, practices and institutions.
Right to participate in Decision making- Right to participate fully, if they so choose, at all levels of decision –
making in matters which in matters which may affect their rights
Rights to determine and decide priorities for development- The ICCs/ IPs shall have the right to determine
and decide their own priorities for the development affecting their lives, belief, instructions spiritual well-
being, and the lands they own, occupy or use.
Rights During Armed Conflict- right to special protection and security in periods of armed conflict.
Freedom from Discrimination and right to equal opportunity and treatment- It shall be the right of the ICCS/
IPs to be free from any form of discrimination, with respect to recruitment and condition of employment, such
that they may enjoy equal opportunities for admission to employment, medical and social assistance, safety as
well as other occupationally- related benefits.
Community Intellectual Rights- ICCs/IPs have the right to practice and revitalize their own cultural tradition
and customs.
Right to religious, Culture Sites and Ceremonies- the right to manifest, practice, develop, and teach their
spiritual and religious tradition, and customs and ceremonies the right to maintain, protect to have access to
their religious and cultural sites.
People (NCIP)
Section 38. National Commission on indigenous people
Communities/ Indigenous People( NCIP) the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the rights and well being of the
ICCs/IPs and the recognition of their ancestral domains as well as the rights thereto.
Rights of person Deprived of liberty (PDL)
a. Right to be treated in a humane manner
b. Right to a fair trial with adequate and free legal assistance
c. Right to be protected from cruel, inhumane degrading treatment and punishment, including sexual
violence and other forms of torture
d. Right to be kept in official government civilian prisons and to be protected from being imprisoned in
unofficial places of detention or in military custody.
e. Right to appear in public before legally constituted court within a short time after their arrest.
f. Right to prison program which enhances their social and intellectual abilities
g. Right to separate living arrangements in prison in accordance with the categories of gender, age and
reasons for imprisonment.
h. That prisoner awaiting trial have the right to be held separately from convicted prisoners
i. That prisoners have the right to communicate with their families and to maintain familial relationships
j. That prisoners have the right to free legal assistance.
The Philippine Commission on Human Rights (CHR)
- An independent constitutional office created un the 1987 constitution of the Philippine, with primary
functions involving civil and political rights in the Philippines.
Powers and Functions
1. Investigate on its own or on complaint by any party, all form of human rights violations involving civil
and political rights.
2. Adopt its operational guidelines and rules of procedure and cite for violations thereof in accordance
with the rules of court
3. Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipino residing abroad, and provide for preventive measures and legal aid
services to the under privileged whose human rights have been violated or need protection.
4. Exercise visitorial power over jails prisons, or detention facilities
5. Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights.
6. Recommend to congress effective measures to promote human rights.
7. Monitor the Philippine Government’s compliance with international treaty obligations on human rights
8. Grant immunity from prosecution to any person whose testimony or whose possession of evidence is
necessary to determine the truth in any investigation conducted by it or under the authority
9. Request assistance of any department, bureau office, or agency in the performance of its functions
10. Appoint its officers and employees in accordance with law
11. Perform such other duties and functions as may be provided by law.
Agency Executive: Richard Paat Palpal Latoc