LEARNING MODULE NO.4
FINALS TOPICS
Descriptive Title: HUMAN RIGHTS EDUCATION
Subject Code: CRLJ 212
INTRODUCTION
This module is week 1 of the subject Human Rights Education (Prefinals). It includes (4) lessons. Student activities
for this module include:
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taking notes while viewing presentations and assignments given by the professor,
submitting a graded homework assignment,
participating in our virtual class, and
Completing a course feedback survey.
1.Explain the concepts of the freedom of speech, expression, association, assembly, information and religion.
2. Differentiate the writs of habeas corpus, amparo, and habeas data.
3. Identify the organizations and institutions that protect human rights.
LEARNING RESOURCES
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Watch : PowerPoint Presentation (Online Lecture)
Read : Compressed Lessons 1-6 under Learning Inputs
Answer : Quizzes and Activities for Finals
LESSON 1
FREEDOM OF SPEECH AND EXPRESSION, FREEDOM OF ASSOCIATION AND ASSEMBLY, AND FREEDOM OF
INFORMATION
Art. III, Section 4 states:
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.
I.FREEDOM OF SPEECH - Why is the freedom of speech and expression important?
As an individual "particle of sovereignty," every citizen has a right to offer his views and suggestions in the discussion of
the common problems of the community or the nation. This is not only a right but a duty.
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From the mass of various and varied ideas proposed, the people can, in their collective wisdom and after full
deliberation, choose the best remedies to the difficulties they face.
The other rights, in addition to freedom of speech, are freedom of the press, freedom of assembly, freedom of
petition, freedom of religion, the right of association, the right to access to information on matters of public concern,
and the right not to be detained solely by reason of one's political beliefs and aspirations.
Communication: the essential component of free speech.
Communication exists when:
(1) a speaker, seeking to signal others, uses conventional actions because he or she reasonably believes that such
actions will be taken by the audience in the manner intended; and
(2) the audience so takes the actions.
Our Freedom of Speech and Expression is not limited to vocal communication.
Freedom of expression is usually exercised through language, oral and written. Symbolisms may also be used, like the
clenched fist, the bended knee, the salute to the flag, the flag itself, the mace of the legislature, the picket line, pictures,
caricatures and cartoons.
Even if wordless, they articulate.
The Scope of the Freedom Speech/Expression
The scope of freedom of expression extends protection to:
1. Written or spoken words
2. Symbolic speech
3. Motion pictures
(Diocese of Bacolod v. COMELEC, G.R. No. 205728, Jan. 21, 2015)
What else is protected by our Freedom of Expression/Speech?
- Right to remain silent
- Speech, Print, and Assembly
- Media, whether print or broadcast
What are the elements of the freedom of speech? The elements of freedom of expression are:
(1) freedom from censorship or prior restraint; and
(2) freedom from subsequent punishment or “freedom after the speech.”
Freedom from Censorship or Prior Restraint
Prior restraint refers to official governmental restrictions on the press or other forms of expression in advance of actual
publication or dissemination.
Freedom from prior restraint is largely freedom from government censorship of publications, whatever the form of
censorship, and regardless of whether it is wielded by the executive,legislative or judicial branch of the
government.
What is censorship?
These are the restrictions on publication and the presentation of books, plays, films, to the public.
Freedom from subsequent punishment or “freedom after the speech.”
Freedom of speech includes freedom after the speech.
Without this assurance, the citizen would hesitate to speak for fear he might be provoking the vengeance of the
officials he has criticized.
● Freedom after the speech includes the freedom to express opinions in print, media, or broadcast formats
without fear of criticism, even if after it has been published, aired, or broadcasted.
Is the Freedom of Expression or Speech Limitless?
The freedom of expression is not an absolute, nor is it an unlimited license that gives immunity for every possible
use of language and prevents the punishment of abuse this freedom. (Chavez v. Gonzales,G.R. No. 168338, Feb.
15, 2008)
Limitations on Free Speech and Expression
What are the limitations of Freedom of Speech/Expression?
“The Clear and Present Danger Rule”
● Whether the words used are used in such circumstances and are of such a nature as to create a clear
and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Limitations to Freedom of Speech/Expression: Hate Speech and Fighting Words
What is Hate Speech
Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, especially in
circumstances in which the communication is likely to provoke violence. (Black’s Law Dictionary, 10th ed.)
FIGHTING WORDS
Words which by their very utterance, inflict injury or tend to incite an immediate breach of the peace. (Chaplinsky v. New
Hampshire, 315 U.S. 568, March 9, 1942)
Defamation and Libel
A libel is a public and malicious imputation of a crime, or of a vice or a defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or
to blacken the memory of one who is dead. (REVISED PENAL CODE, art. 353)
Libel Not a Constitutionally Protected Speech
Libel is not a constitutionally protected speech and that the government has an obligation to protect private individuals
from defamation. (Disini v. Sec.of Justice, G.R. No. 203335, Feb. 18, 2014)
Seditious Speeches
These are speeches that tend to incite people to rebel and take up arms against the government.
Seditious Speeches are Unprotected Speeches
Criticism is permitted to penetrate even to the foundations of Government. Criticism, no matter how severe, on the
Executive, the Legislature, and the Judiciary, is within the range of liberty of speech, unless the intention and effect be
seditious.
II. FREEDOM OF ASSEMBLY
What is an assembly?
"Assembly" means a right on the part of the citizens to meet peaceably for consultation in respect to public affairs. It is a
necessary consequence of our republican institution and complements the right of speech.
What is a “Public Assembly”
"Public assembly" means any rally, demonstration, march, parade, procession or any other form of mass or
concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the
general public on any particular issue; or protesting or influencing any state of affairs whether political,
economic or social; or petitioning the government for redress of grievances.(Batas Pambansa Blg. 880, Sec. 3[a])
The Limitations of Freedom of Assembly
The right of assembly is important to freedom of expression because public issues are better resolved after an exchange
of views among citizens meeting with each other for the purpose.
Just like the freedom of expression and speech, it should not be contrary to public order, public morals, and the
common good.
Like other rights embraced in freedom of expression, the right to assemble is not subject to previous restraint or
censorship. Hence, it may not be conditioned upon the prior issuance of a permit or authorization from the government
authorities.
It should be noted, however, that if the assembly is intended to be held in a public place, a permit for the use of
such place, and not for the assembly itself, may be validly required.
III. FREEDOM OF ASSOCIATION
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. (Art. III, Section 8)
What are the limitations of this right?
It does not include the right to compel others
The provision guarantees the right to form associations. It does not include the right to compel others to form an
association. (Bernas, The 1987 Constitution: A Commentary, 2009)
IV. Freedom of Information
The right of the people to information on matters of public concern shall be recognized. (Art. III, Section 7)
What are the rights guaranteed by freedom of information?
Rights Guaranteed
1. Right to information on matters of public concern
2. Right of access to official records and documents
The government has discretion with respect to the authority to determine what matters are of public concern and the
authority to determine the manner of access to them.
A distinction has to be made between the discretion to refuse outright the disclosure of or access to a particular
information and the authority to regulate the manner in which the access is to be afforded.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary
LESSON 2
FREEDOM OF RELIGION
I. FREEDOM OF RELIGION
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. (Art. III, Section 5)
Art. III. Sec. 5, Religious freedom provides two guarantees:
1. The Establishment Clause - No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof.
2. The Free Exercise Clause - 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.
Additionally, it provides the following freedoms as well:
(1) Freedom to Believe
The individual is free to believe (or disbelieve) as he pleases concerning the hereafter. He may indulge his own theories
about life and death; worship any god he chooses,or none at all; embrace or reject any religion.
(2) Freedom to Act on One’s own beliefs
One is allowed to profess, practice, and exercise his chosen religion, belief, or faith, as long as the practices, beliefs, and
professing of that faith is not contrary to public morals, order, or peace.
Article 133, Revised Penal Code: Offending Religious Feelings
"anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform
acts notoriously offensive to the feelings of the faithful."
What is the purpose of Freedom of Religion?
The constitutional provision not only prohibits legislation for the support of any religious tenets or the modes of worship of
any sect, thus forestalling compulsion by law of the acceptance of any creed or the practice of any form of worship, but
also assures the free exercise of one’s chosen form of religion within limits of utmost amplitude.
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It has been said that the religion clauses of the Constitution are all designed to protect the broadest possible
liberty of conscience, to allow each man to believe as his conscience directs, to profess his beliefs, and to live as
he believes he ought to live, consistent with the liberty of others and with the common good.
Religious freedom, although not unlimited, is a fundamental personal right and liberty and has a preferred position
in the hierarchy of values.
Contractual rights, therefore, must yield to freedom of religion.
What is “Religion?”
Religion may be defined as any specific system of belief, worship, conduct, etc., often involving a code of ethics
and a philosophy.
The Separation of Church and State
Section 6. The separation of Church and State shall be inviolable.
The Separation of Church and State
● The principle of separation of Church and State is based on mutual respect.
● Generally, the State cannot meddle in the internal affairs of the church, much less question its faith and
dogmas or dictate upon it.
● It cannot favor one religion and discriminate against another. On the other hand, the church cannot impose
its beliefs and convictions on the State and the rest of the citizenry. It cannot demand that the nation follow
its beliefs, even if it sincerely believes that they are good for the country. (Imbong v. Ochoa)
What is a Church?
The Constitution utilizes the term "church" in its generic sense, which refers to a temple, a mosque,an iglesia, or any other
house of God which metaphorically symbolizes a religious organization.
Thus, the "Church" means the religious congregations collectively. (Imbong v. Ochoa, G.R. No. 204819, April 8, 2014)
Non - Establishment Clause
It principally prohibits the State from sponsoring any religion or favoring any religion as against other religions. It mandates
a strict neutrality in affairs among religious groups.
Essentially, it prohibits the establishment of a state religion and the use of public resources for the support or
prohibition of a religion.
Limitations under the Non-Establishment Clause
1. The State cannot set up a Church.
2. The State cannot pass laws which aid one religion, aid all religion, or prefer one religion over another.
3. The State cannot force nor influence a person to go to or remain away from church against his will or force him to
profess a belief or disbelief in any religion.
4. The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs, for church attendance or
nonattendance.
5. No tax in any amount, large or small, can be levied to support any religious activity or institution whatever they may be
called or whatever form they may adopt or teach or practice religion.
6. The State cannot openly or secretly participate in the affairs of any religious organization or group and vice versa.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary
LESSON 3
FREEDOM OF ABODE
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or
public health, as may be provided by law. (Art. III, SECTION 6)
What are the two guarantees of this right?
1. Freedom to choose and change one’s place of abode - The right of a person to choose a place of residence, and
change one’s residence.
2. Freedom to travel within the country and outside. - The right to travel refers to the right to move from one place to
another.
Abode, Defined
Abode is a term given to a person’s legal residence. In the Philippine legal system, abode can be either:
● Residence
● Domicile
Residence
'Residence' is used to indicate a place of abode, whether permanent or temporary. If his intent is to leave as soon as his
purpose is established it is residence.
Domicile
'Domicile' denotes a fixed permanent residence to which, when absent, one has the intention of returning.
• If a person's intent be to remain, it becomes his domicile.
• The purpose of the right is to further emphasize the individual's liberty as safeguarded in general terms by the due
process clause.
● Liberty under this provision includes the right to choose one's residence, to leave it whenever he pleases,
and to travel wherever he wills.
● Section 6, Article is a specific safeguard of these rights and is intended to underline their importance in a
free society.
Limitations of the Liberty of Abode
The liberty of abode and of travel is, however, subject to specific restrictions under the same constitutional provision.
According to Section 6, the liberty of abode can be limited "upon lawful order of the court" and the right to travel by the
requirements of "national security, public safety or public health as may be provided by law."
Watch List and Hold Departure Orders
What is a hold departure order?
A Hold Departure Order (HDO) is a directive issued by the Secretary of Justice and the Regional Trial Courts (RTC) that
prohibits individuals from leaving the Philippines.
Watch List Order
A Watch List Order prohibits people from leaving the Philippines without first getting clearance from the Department of
Justice.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary
LESSON 4
THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
AND THE RIGHT AGAINST INVOLUNTARY SERVITUDE
I. THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public
safety requires it. (Art. III, Section 15)
What is the Privilege of the Writ of Habeas Corpus?
The right to have an immediate determination of the legality of the deprivation of physical liberty.
What is the Writ of Habeas Corpus?
A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time
and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge
awarding the writ shall consider in the behalf.
When is the Writ of Habeas Corpus available?
The liberty of an individual may be restored by habeas corpus where he is subjected to physical restraint such as arbitrary
detention.
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The primary purpose of the writ is to inquire into all manner of involuntary restraint as distinguished from
voluntary, and to relieve a person therefrom if such restraint is illegal.
Suspension of the Writ
The President may suspend the privilege for a period not exceeding 60 days. The grounds for the suspension of the
privilege are:
1. Actual invasion or actual rebellion; and
2. When the public safety requires the suspension
Writs of Amparo and Habeas Data - Two complementary writs have been added by the Supreme Court to make the writ
of habeas corpus more effective. These are the writ of amparo and the writ of habeas data.
The Writ of Amparo
A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a private individual or entity.
This writ covers extralegal or extrajudicial killings and enforced disappearances.
The Writ of Habeas Data (A. M. No. 08-1-16-SC, January 22, 2008)
The writ of habeas data is intended to ensure the human right to privacy by requiring the respondent to produce the
necessary information to locate the missing person or such data about him that have been gathered in secret to support
the suspicion that he has been taken into custody in violation of his constitutional rights.
Who may file for the Writ of Habeas Data?
1. Any person whose right to Privacy is threatened.
2. In case of extrajudicial disappearance or killings:
a. Spouse, Children and Parents
b. Any ascendant, descendant or collateral Relative of the aggrieved party within the fourth civil degree of consanguinity
or affinity in default of those mentioned in the preceding paragraph.
The Right against Involuntary Servitude
(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been
duly convicted. (Art. III, Section 18)
What is involuntary servitude?
Every condition of enforced or compulsory service of one to another no matter under what form such servitude may be
disguised.
Exceptions to the right against involuntary servitude
1. Punishment for a crime.
2. Personal military or civil service in the interest of national defense.
3. In naval enlistment, a person who enlists in a merchant ship may be compelled to remain in service until the end of the
voyage.
4. Individuals considered as Posse Comitatus (every able-bodied person is ultimately responsible for keeping peace) for
the apprehension of criminals.
5. Return to work order issued by the DOLE Secretary or the President.
6. Minors under patria potestas are obliged to obey their parents.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary
LESSON 5
RIGHT AGAINST EX POST FACTO LAW
AND BILL OF ATTAINDER
I. THE RIGHT AGAINST EX POST FACTO LAW AND BILL OF ATTAINDER
No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22)
What is an ex post facto law?
"from a thing done afterward."
A Law which makes an action done before the passing of the law and which was innocent when done, criminal, and
punishes such action; or which aggravates a crime or makes it greater than it was when committed.
II. CHARACTERISTICS OF AN EX POST FACTO LAW
Characteristics of an Ex Post Facto Law:
1. Refers to criminal matters
2. Retrospective
3. Causes prejudice to the accused
What is a Bill of Attainder?
A bill of attainder is a legislative act that inflicts punishment without trial, its essence being the substitution of legislative
fiat for a judicial determination of guilt.
It is only when a statute applies either to named individuals or to easily ascertainable members of a group in such a way
as to inflict punishment on them without a judicial trial that it becomes a bill of attainder.
Characteristics of a Bill of Attainder
Elements of Bill of Attainder
● There must be a law.
● The law imposes a penal burden on a named individual or easily ascertainable members of a group.
● There is a direct imposition of penal burden without judicial trial.
What is the purpose of the constitutional ban against bills of attainder?
The constitutional ban against bills of attainder serves to implement the principle of separation of powers by confining
legislatures to rule-making and thereby forestalling legislative usurpation of the judicial function. History in perspective,
bills of attainder were employed to suppress unpopular causes and political minorities, and it is against this evil that the
constitutional prohibition is directed.
The singling out of a definite class, the imposition of a burden on it, and a legislative intent, suffice to stigmatize
a statute as a bill of attainder.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary
LESSON 6
PREVENTIVE MECHANISMS IN THE FIELD
OF HUMAN RIGHTS
What are the institutions that implement human rights in our country?
● The Office of the UN High Commissioner for Human Rights
● National Human Rights Institutions
● Non-Governmental Organizations (NGOs)
The promotion and protection of human rights cannot be entirely reactive.
Monitoring, investigative, administrative and judicial mechanisms to combat human rights violations and to put to an end
the practice of impunity must be coupled with and supported by proactive and preventive arrangements and processes
designed to develop a healthy awareness of and respect for the indivisibility and interdependence of human rights.
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In the United Nations today, the Office of the UN High Commissioner for Human Rights plays this role of providing
proactive and preventive response to human rights violations. In various parts of the globe, this role is
performed by national human rights institutions or commissions and by non-governmental and private
sector actors.
The Office of the UN High Commissioner for Human Rights
The Office of the UN High Commissioner for Human Rights is a United Nations agency that works to promote and prevent
the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights.
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This office was established by the UN General Assembly on December 20,1993 after the 1993 World Conference
on Human Rights
National Human Rights Institutions
A national human rights institution is an organization that has been established by national governments with the specific
role of protecting and promoting human rights.
• The principles relating to the status and functioning of national institutions, known as the “Paris Principles” were
adopted by the United Nations General Assembly in 1993 and provide international minimum standards for an
effective national human rights institution.
Paris Principles Standards
These standards are:
(a) independence;
(b) broad human rights mandate;
(c) adequate funding;
(d) an inclusive and transparent selection and appointment process
It is in the area of human right education that national human rights institutions like the Commission on Human Rights of
the Philippines, an independent constitutional office under the 1987 Constitution, can play its proactive and preventive role
in promoting respect for human rights.
Non - Government Organizations
Non-governmental organizations (NGOs), especially human rights organizations, have a long and glorious history of
upholding human rights all over the world.
Chief Justice Artemio V. Panganiban classifies NGOs as belonging to civil society that has been in the forefront of
the fight for liberty and considered a pillar of democracy, the conscience of government and the overseer of
governmental actions.
References used in this Lesson
1. Sarmiento, R.V (2017). Human Rights Law, Human Rights Culture. Rex Publishing
2. Bernas, S.J. (2008) The 1987 Philippine Constitution – A Commentary