Rule of Law:
HUMAN
RIGHTS
SCOPE OF THE LESSON
A. MEANING OF HUMAN RIGHTS
B. THREE (3) CATEGORIES OF HUMAN
RIGHT
C. CLASSIFICATION OF RIGHT
D. CONSTITUTIONAL PROVISIONS OF
HUMAN RIGHTS
E. COMPOSITION ON HUMAN
RIGHTS
Human Rights
are the supreme, inherent and
inalienable rights to life, to dignity
and to self-development. It is the
essence of these rights that
make man human.
Three (3) categories of Human
Rights
1. Free Form the government violation of the
integrity of person
⮚ Torture
⮚ Cruel, inhuman or degrading treatment or
punishment
⮚ Arbitrary arrest or imprisonment
⮚ Denial of affair public trial and
⮚ Invasions of home
2. Rights to the fulfillment of vital needs
⮚ Food
⮚ Shelter
⮚ Health care and
⮚ Education
3. The right to enjoy civil and political
liberties
⮚ Freedom of thought, of religion and of
assembly;
⮚ Freedom of speech;
⮚ Freedom of the press;
⮚ Freedom to take part in one’s government.
Classification of rights
1. According to Source:
⮚ Natural rights
⮚ Constitutional rights
⮚ Statutory rights
⮚ Legal rights
2. According to Recipient:
⮚ Individual rights
⮚ Collective rights
3. According to the aspect of life:
⮚ Civil rights
⮚ Political rights
⮚ Cultural rights
Constitutional Provisions on
Human Rights
Article II – Declaration of Principles and
State policies
Sec. 1 – The Philippines is a democratic and
Republican State Sovereignty resides in the
people and all government authority emanates
from them.
Sec. 2 – The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of
the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation and
amity with all nations.
Sec. 4 – The prime duty of the Government is to serve
and protect the people. The government may call
upon the people to defend the state and, in the
fulfillment thereof, all citizens may be required,
under conditions provided by law, to render
personal military or civil service.
Sec. 5 – The maintenance of peace and order, the
protection of life, liberty and property and the
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of
democracy.
Sec. 11 – The State values the dignity of every human
person and guarantees full respect for human
rights.
B. Article III – Bill of Rights
Sec. 1 – No person shall be deprived of life, liberty,
or property without due process of law, nor shall
any person be denied the equal protection of the
law.
Sec. 2 – The right of the people to be secure in their
persons, houses, paper, and effect 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
compliant and the witnesses the persons or things
to seized.
Sec. 4 – No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the
government for redress of grievances.
Sec. 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.
Sec. 6 – the liberty of abode and of changing the same
within the limits prescribed by law shall not be
impaired except upon lawful order of the court.
Neither shall be the right to travel be impaired except
in the interest of national security, public safety, or
public health, as may be provided by law .
Article III – Bill of Rights
Sec. 8 – The right of the people, including those
employed in the public and private sectors, to form
unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Sec. 9 – Private property shall not be taken for public
use without just compensation.
Sec. 12 (1) – Any person under investigation for the
commission of an offense shall have the right to be
informed of his right remain silent and to have
competent and independent counsel preferably of his
own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights
cannot be waived except in writing and in the
presence of counsel.
Sec. (2) – No torture, force, violence, threat,
intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar
forms of detention are prohibited.
Sec. 14 (1) – No person shall be held to answer for a
criminal offense without due to process of law.
Sec. 15 – The privilege of the writ of habeas corpus
shall not be suspended except in case of invasion or
rebellion when the public safety requires it.
Sec. 17 – No person shall be compelled to be a witness
against himself.
Sec. 19 (1) – Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it.