Module No. 1
Laws on Human Rights
INTRODUCTION
Therapeutic Modality Program is an approach that focuses on the learning and relearning of
behavioral skills, attitudes and values, associated with socialized living of persons deprived of
liberty in a jail setting. It is the avenue for the PDLs which fosters their personality and attitude
in jail while preparing for their reintegration to the society they belong. The success of the
Therapeutic Community treatment model is also anchored on the implementation of
restorative justice. To highlight the principles of restorative justice, offenders are recognized
to indemnify victims and render community services to facilitate the healing of the broken
relationship caused by offending the concerned parties. Mediation and conferencing are also
utilized in special cases to mend and/ or restore clients' relationship with their victim and the
community. This module also intends to discuss the importance of human rights of every
person in the community. People behind bars are noted to be not all sinners, so this is so
timely and significant to discuss these programs of the government that focuses on the
welfare of persons deprived of liberty. This is the only last resort they need to have as
preparation for them to be reunited with their loved ones outside of prison cells. It also
emphasized the different rules to be observed under the United Nations Standard Minimum
Rules for the Treatment of Prisoners or The Nelson Mandela Rules. Its covenants are very
significant in the total rehabilitation and reshaping of the PDL’s behavior while inside the jail.
MODULE 1: LAWS ON HUMAN RIGHTS
A. Learning Outcomes at the end of the lesson, the students can
1. discuss the human right violations happen in our society in terms of civil, political,
collective, social and cultural rights.
2. make a poster to promote the basic human rights of individuals against any form of
violation.
3. write a reflection paper on the United Nations Standard Minimum Rules for the treatment
of prisoners
B. Time Allotment: 6 hours
C. Discussion
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS
Human Rights
Those rights, which are inherent in our nature and without which, we cannot live as human
beings. It allows us to develop and use our human qualities, intelligence, talents and
conscience and to satisfy our spiritual and other needs, Supreme, inherent and inalienable
rights to life, dignity, and self-development. The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent- Not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given away
or be forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long
passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights have
already been enjoyed.
6. Universal- It applies irrespective of one’s origin, status, or condition, or place where one
lives. Rights can be enforced without a national border.
7. Interdependent-The fulfillment or exercise of one cannot be had without the realization
of the other.
Human Rights Principles:
The dignity of man and human life is inviolable. From the dignity of man is derived the right
of every person to free development of his personality. A legitimate state should exist to
assure that in the discharge of the governmental functions, the dignity that is the birthright
of every human being is duly safeguarded.
Classification of Rights:
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 by the constitution and which cannot be
modified or taken away by the law-making body.
3. Statutory Rights- Those rights which are provided by a law promulgated by the law-making
body. May be abolished by the body that created them.
Stages of Human Rights
(1) Idealization-Notions of human rights starts in the realm of ideas that reflect a
consciousness against oppression or inadequate performance of the State.
(2) Positivization - Where the support for the ideas becomes strong, and thus
incorporate them into legal instruments.
(3) Realization-When these rights are already being enjoyed by the citizens by the
transformation of the social, economic, and political order.
Three obligations of State Parties
（1) Obligation to respect
) of the ICCPR contain this obligation
State to
refrain from restricting the exercise of these rights is not expressly allowed.
2) Obligation to ensure
Article 2(1) of the ICCPR also encompasses this obligation, that State parties must be
proactive to enable individuals to enjoy their rights
Article 2(2) of the ICCPR points out that to provide for an effective remedy to victims
of human rights, it must adopt executive, judicial and legislative measures.
3) Obligation to protect - to prevent private individuals, groups, or entities from interfering
with the individual’s civil and political rights.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The
1987 Constitution is the basic source of human law in the Philippines.
As early as Biak na Bato, our forefathers are conscious of the rights of human beings.
Commission of Human rights, the first national human rights commission in the world
CHR is not a regular commission, not like the CoA or the civil service, etc. It is an
independent commission that investigates human rights violations and establishes programs
of education and information to enhance respect for the primacy of human rights.
Constitution is sometimes called as "Human Rights Constitution".
Constitution is the seventh Constitution drafted by Filipinos.
International Bill of Rights –U Thant, former Secretary General of the UN called the three (3)
documents and the Optional Protocol to the Covenant on Civil and Political Rights as "Magna
Carta for mankind" and is "the essential prerequisite for peace at home and 1 in the world".
Universal Declaration of Human Rights (UDHR)
The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations passed it. The chairwoman was former first lady Eleanor Roosevelt. The declaration
was adopted by 48 votes in favor, none against and eight abstentions.
Romulo was also there during the drafting of the CHR of the UN.
preamble to the UDHR refers to the concepts of inherent human dignity and one
inalienable nature of human inherent.
It is also called for inter-cultural consensus by
indicating that a common understanding of the rights and freedoms to is achieve promotion
of universal respect for and observance of human rights and fundamental freedoms.
UDHR is the first internationally adopted catalogue of human rights.
Mary Robinson, former High Commissioner for Human Righ0074s, said that the common
language of humanity, the language of human rights, is enshrined in the UDHR.
International Covenant on Civil and Political Rights (ICCPR)
and entered into force1976.
International Covenant on Economic, Social and Cultural Rights
CIVIL AND POLITICAL RIGHTS Bill of Rights in the 1987 ConstitutionConstitution of 1897.
Constitution - Bill of Rights
1943 Constitution- Duties and Rights of the Citizens.
1899 Malolos Constitution - The Filipinos and their National and Individual Rights.
Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves
as a restriction upon the powers of the State in order to preserve constitutional harmony and
stability.
- The Bill of Rights is to declare some forbidden zones in the
private sphere inaccessible to any power holder.
The provisions in the Bill of Rights can be classified into four (4) types.
(1) The completely new provisions. Section 12(4), 18(1), 19(2)
(2)The old provisions that contain amendments by addition Section 4, 6, 7, 11, 12(1), 12(2),
12(3), 13, 19(1)
(3) The old provisions where words and phrases were amended by deletion. Section 2, 15
(4) The cd provisions that remained intact. Section 1, 3(1), 5, 9, 10, 20, 21, 2
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
- this is the fruit of the negotiations of the government and the rebels.
first substantive agreement signed by the Negotiating Panels of the Government of the
Philippines in The Hague, Netherlands.
This comprehensive agreement consists of seven (7) parts:
- introduces the Agreement and articulates the reasons for and the intention
of the parties.
an
Monitoring Committee
Human rights are the basic rights inherent to all human beings from
birth until death. These rights include the right to life and liberty,
personal security, freedom from torture, freedom from
discrimination, and freedom from arbitrary arrest, among others.
PREAMBLE
We, peoples of the Philippines, give the highest value to the dignity and
fullness of life of the human person and share a common aspiration for human
rights—even as we speak different languages and dialects, profess different spiritual
beliefs, and uphold different ideologies.
Ours is a history of revolutionary struggle against all forms of oppression for
national freedom, justice, equality, and peace. The same struggle and aspirations
for freedom and respect for human rights have inspired our collective spirit to
become a nation proud of our heritage and diverse culture. Today, we rekindle the
same revolutionary spirit in our struggle against the negative effects of
globalization, debt burden, environmental destruction, social inequality, and
poverty. These make human and peoples’ rights our foremost concern.
We assert that human and peoples’ rights are our fundamental, inherent,
and inalienable rights to life, dignity, and development. We recognize that these
rights are universal, interdependent, and indivisible and are essential to fulfill and
satisfy our civil, political, economic, social, cultural, spiritual, and environmental
needs. They are what make us human.
The growing democratization process and human rights consciousness as
exemplified in the active participation and assertion of civil society have served as
tools in opposing all forms of human rights violations and all forces that block us
development as individuals and as a nation.
Therefore, we hereby proclaim by this declaration, the basic standards for
the protection, promotion, respect, and fulfillment of human and peoples’ rights by
the State.
INDIVIDUALS, SOCIETY, AND THE STATE
1. We have the natural right to life and liberty and are equal in dignity. Equal
concern and respect for these basic rights should be guaranteed, protected, and
upheld by the State.
2. The State has the duty to safeguard and assure the dignity of its peoples as
individuals and as members of communities and ensure their capacity for selfdevelopment. The State should formulate policies, enact laws and provide
mechanisms that are in conformity with universal human rights standards.
3. The State has the obligation to provide the highest standard of living for its
citizens by eradicating social, economic, political, cultural, and ethnic and gender
inequalities. In the determination and implementation of laws and policies, the
government must always respect and consider the concerns of women, children and
youth, persons with disabilities, the mentally challenged, older persons, indigenous
and Moro peoples, the urban and rural poor, farmers and fisher folk, workers local and overseas, public or private, whether formally employed or not, displaced
families and communities and other vulnerable sectors, with the view to ensuring
their empowerment.
4. The diversity and plurality of the Philippines must be safeguarded through
respect and tolerance. The State must respect and promote harmony and
understanding between and among individuals, communities and peoples. It must
uphold non-discrimination among peoples regardless of age, race, ethnicity,
religion, gender, physical ability, sexual orientation, social beliefs and political
convictions. Cultural traditions and institutionalized power shall not serve as
justification for any form of violence, abuse, neglect, or deprivation of human and
peoples’ rights.
3. The State has the obligation to provide the highest standard of living for its
citizens by eradicating social, economic, political, cultural, and ethnic and gender
inequalities. In the determination and implementation of laws and policies, the
government must always respect and consider the concerns of women, children and
youth, persons with disabilities, the mentally challenged, older persons, indigenous
and Moro peoples, the urban and rural poor, farmers and fisher folk, workers local and overseas, public or private, whether formally employed or not, displaced
families and communities and other vulnerable sectors, with the view to ensuring
their empowerment.
4. The diversity and plurality of the Philippines must be safeguarded through
respect and tolerance. The State must respect and promote harmony and
understanding between and among individuals, communities and peoples. It must
uphold non-discrimination among peoples regardless of age, race, ethnicity,
religion, gender, physical ability, sexual orientation, social beliefs and political
convictions. Cultural traditions and institutionalized power shall not serve as
justification for any form of violence, abuse, neglect, or deprivation of human and
peoples’ rights
CIVIL RIGHTS
5. We have the right to life, liberty, security and property. We have the right to a
transparent, credible, competent and impartial justice system, free from influence
and corruption, where wrongs are redressed and justice is dispensed fairly, speedily
and equitably. We must have equal access to the courts and adequate legal
assistance. We must be treated equally before the law regardless of our political,
social and economic status.
6. We have a right to the security and privacy of our persons and our homes. The
State shall respect and uphold our right to the privacy of communication,
information, private transactions and affairs. The State shall ensure our freedom of
movement and liberty of abode.
7. The requirements of due process of law shall be observed before, during and after
trial. The accused is presumed innocent until proven guilty and shall enjoy the right
against self-incrimination, the right to an independent and competent counsel
preferably of his or her own choice, and the right to be informed of such rights.
8. Detainees and prisoners have the right to humane conditions of detention with
adequate food, space and ventilation, rest and recreation, sanitary and health
services, and skills training. They have the right to communicate with counsel,
family and friends and be visited by them. The right to practice their religious
beliefs and to express themselves shall likewise not be denied. The State must
provide separate detention facilities for women and children in conflict with the
law. Detainees and prisoners shall be given the opportunity for correction and
rehabilitation towards their reintegration into society.
9. No person shall be subjected to arrests, searches, seizures and detention without
due process of law. No suspect, detainee or prisoner shall be subjected to torture,
force, violence, intimidation, harassment or threats. No accused shall be subjected
to trial by publicity. Neither shall cruel, inhuman or degrading punishment or
treatment or incommunicado or solitary confinement be imposed.
10. We have the right against involuntary disappearances. The State shall protect its
citizens from all forms of systematic and massive extrajudicial and summary
killings. The State shall take responsibility for all the acts of its State agents and
give information and assistance to the families of the disappeared.
POLITICAL RIGHTS
11. We have the right to live in a democracy and are entitled to enjoy its benefits.
The right to meaningful representation, participation and decision-making about
individual and community concerns shall be recognized and maintained. The
protection of life, liberty and property, the upliftment of economic conditions and
the promotion of the general welfare are essential prerequisites of a truly
democratic society.
Assuming that we are not a democratic country, do we still have the right to exercise our
political right?
12. Public office is a public trust. Transparency, accountability, integrity and
competence are minimum standards of good governance. It is the State’s duty to
eliminate graft and corruption at all levels of the bureaucracy. Towards this end,
our right to information on matters involving public interest shall be safeguarded.
13. We have the right to determine, participate, intervene and take action in all
matters that directly and indirectly affect our welfare. The freedoms of speech,
press, association and peaceful assembly shall at all times be recognized and
protected by the State.
14. The State shall provide equal access to opportunities for public service to all
competent and qualified citizens. The State must equitably diffuse political power
and prohibit political dynasties in accordance with democratic principles.
15. Sovereignty resides in the people. We reserve the right to defy a tyrannical,
oppressive and corrupt regime by means consistent with general principles of
human rights.
SOCIAL AND CULTURAL RIGHTS
16. We have the right to enjoy the highest standard of health. The State shall ensure
that its citizens shall be adequately nourished and free from hunger. The State has
the obligation to establish a responsive social housing program and protect the
people from unjust evictions from their homes. Protection and assistance shall be
accorded marginalized families and vulnerable sectors of society.
17. We have the right to a free, accessible, relevant, nationalistic, quality, gender
and culturally sensitive education, responsive to our needs, which advances the
culture of human rights.
18. The State must establish a responsive social welfare system that contributes to
the continuous improvement of its people and their lives. All public utilities should
be accessible and affordable to meet the peoples’ basic necessities.
19. Children and youth have rights to special care, education, health, and protection
against all forms of abuse, discrimination, exploitation, corruption, and conditions
affecting their moral development. The best interest of the child shall always take
precedence in State policies and laws.
20. Women are partners of men in nation building. They have equal rights in civil,
political, social, and cultural aspects of life. The State shall protect and defend them
from discrimination, exploitation, trafficking, assault, battery and other forms of
abuse and violence.
21. Men and women have reproductive rights. The State shall recognize the rights
of all couples and individuals to decide freely and responsibly the number, spacing
and timing of their children and to have the information and means to do so, and
the right to attain the highest standard of sexual and reproductive health. The
State shall also recognize the rights of couples in making decisions regarding
reproduction free of discrimination, coercion and violence, as expressed in human
rights documents.
22. The indigenous and Moro peoples have the right to equality with all other
peoples and against all forms of discrimination. They have the right to existence as
distinct peoples free from assimilation as well as the right to resist development
aggression, which threatens their survival as a community. Thus, the State shall
assist and support them in the protection and preservation of their culture,
language, tradition and belief. They have an inherent right to their ancestral
domain, which must be given urgent immediate attention and protection by the
State and should be respected and defended by all.
23. The State shall accord special protection to persons with disabilities. They have
the right to enjoyment of equal opportunity as well as appropriate and accessible
social services, education, employment, rehabilitation and social security.
24. Older persons shall be given preferential treatment by the State. They shall be
given priority in terms of accessible social security and health.
ECONOMIC RIGHTS
25. We have the right to a nationalistic and independent economic policy protected
from foreign domination and intrusion. We have the right to a self-reliant economy
based on national industrialization. We have the right to resist all forms of
oppressive and unreasonable trade liberalization, to oppose a subservient debt
management strategy, and to repudiate all foreign debts that do not benefit the
people. The State shall develop efficient and effective debt management strategies
that will benefit the people and shall give preferential treatment to local capital.
26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have
the right to just compensation, dignified and humane working environment, job
security, the right to form and join unions and organizations, to bargain
collectively, to go on strike and to actively participate in political life.
Discrimination in the work place, sexual harassment, slavery, exploitation, and
child labor shall not be tolerated. Moreover, overseas workers have the right to
enjoy the basic rights accorded to workers in their respective host countries,
consistent with international labor laws or standards.
27. Land, as a limited resource, bears a social function. The right to own land should
be limited to Filipinos and shall be guided by the principle of stewardship and
subject to the demands of the common good. Peasants shall have the right to own
the land they till through a genuine agrarian reform program including support
services. Landowners shall also be protected from land grabbers through effective
legal and administrative measures.
28. Fisher folk have the right of access to fishing grounds, to protection from
foreign incursions and local large- scale/commercial fishing business, to genuine
aquatic reforms and to the preservation and protection of communal fishing
grounds.
29. We have the preferential right to the judicious cultivation, utilization, and
preservation of our natural resources which will ensure an ecological balance that
can support and sustain the total physical and economic well-being of every person,
family and community.
30. The marginalized and vulnerable sectors shall have preferential access/control
to credit and micro-finance, and the right to skills and livelihood training, which
shall contribute to the constant improvement of their lives.
COLLECTIVE RIGHTS
31. We have the right to self-determination. This right provides us with the freedom
to develop ourselves as peoples, preserve our culture and retain our national
identity. Our peoples shall not be coerced into assimilation, nor shall force
evacuation, dislocation and displacement resulting from development aggression
and other State policies should be allowed. We have the right to resist any form of
political, economic, social or cultural domination by resorting to any legitimate
means.
32. We have the right to a clean, safe and sustainable environment that supports an
equitable quality of life.
Ecological balance must be preserved in the pursuit of
national development because the capacity of our resources to continue supporting
our daily needs is limited. Collectively, we have the intergenerational responsibility
to protect, conserve and develop our natural environment for the enjoyment of
present and future generations of Filipinos.
33. We have the right to a social order, which is conducive to peace and
development. It is the duty of the State to undertake a comprehensive peace
process that reflects the sentiments, values and principles important to all peoples
of the Philippines. Therefore, it shall not be defined by the State alone, nor the
different contending groups only, but by all peoples of the Philippines as one
community. The promotion and protection of our rights must be geared towards
international understanding, solidarity among peoples and nations, and friendship
among all racial, ethnic or religious groups.
WHAT KINDS OF HUMAN RIGHTS EXIST?
Human rights are inherent to all humans, regardless of their nationality,
race, gender, religion, language, or sexual orientation. The concept of human rights
may not be new, but it’s gone through significant changes over time. In the past,
only the rights of privileged groups of people were respected. In 1948, the newlyformed United Nations General Assembly adopted the Universal Declaration
of Human Rights (UDHR). This codified the necessity of human rights for all.
International law, national constitutions, and other conventions support and
expand on the UDHR. What kinds of human rights exist?
THEORETICAL CATEGORIZATIONS
Some theories help us understand where the concept of current-day human
rights comes from. “ Natural rights” are a very old philosophical concept.
Related to natural law, natural rights refer to rights that are universal and
inalienable. They are not related to any government or culture. By being human, a
person is entitled to their natural rights. That’s where we get the concept of
universal human rights. Another example of human rights categorization is the
distinction between positive rights and negative rights. The state must
provide access to positive rights, like food, housing, education, and healthcare.
Negative rights refer to the freedom from certain things, like slavery, torture,
and suppression. It’s the state’s role to ensure these violations do not occur. In the
“three generations” framework of human rights law, which has most impacted
Europe, negative rights are first generation, while positive rights are part of the
second and third generations.
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
34. The UDHR and other documents lay out five kinds of human rights: economic,
social, cultural, civil, and political. Economic, social, and cultural rights include the
right to work, the right to food and water, the right to housing, and the right to
education. Documents like the International Covenant on Economic, Social, and
Cultural Rights, which was established in 1976, protect these rights. Conventions
like the Convention on the Rights of the Child safeguard the economic, social, and
cultural rights of specific groups. As with all types of human rights, the state’s
responsibility is to protect, promote, and implement economic, social, and cultural
rights. Specific examples in this category include:
 The right to work in a safe environment for a fair wage
 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security
CIVIL AND POLITICAL RIGHTS
Civil and political rights include articles from the first part of the Universal
Declaration of Human Rights. They state that people must be allowed to participate
freely in civil and political life without facing repression or discrimination. While
economic, social and cultural rights are framed as rights a person is entitled to,
most civil and political rights are about protection from certain things, like torture
and slavery. Documents like the International Covenant on Civil and Political
Rights and its two Optional Protocols outline rights such as:
 The right to life, which is violated by actions like death by torture, neglect, and
use of force
 The right to freedom of expression, which is violated by restricting access to
ideas and limiting press freedom
 The right to privacy, which is violated by intruding on a person’s sexual life or
personal data
 The right to asylum, which is violated by deporting someone to a country
where their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s not
impartial and excessive delays
 The right to freedom of religion, which is violated when someone is
punished for following their beliefs or forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits like
race, gender, religion, etc are used as justification for actions like being fired
from a job.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (ABBREVIATED)
Article 1
Right to Equality
Article 2
Freedom from Discrimination
Article 3
Right to Life, Liberty, Personal Security
Article 4
Freedom from Slavery
Article 5
Freedom from Torture and Degrading Treatment
Article 6
Right to Recognition as a Person before the Law
Article 7
Right to Equality before the Law
Article 8
Right to Remedy by Competent Tribunal
Article 9
Freedom from Arbitrary Arrest and Exile
Article 10
Right to Fair Public Hearing
Article 11
Right to be Considered Innocent until Proven Guilty
Article 12
Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13
Right to Free Movement in and out of the Country
Article 14
Right to Asylum in other Countries from Persecution
Article 15
Right to a Nationality and the Freedom to Change It
Article 16
Right to Marriage and Family
Article 17
Right to Own Property
Article 18
Freedom of Belief and Religion
Article 19
Freedom of Opinion and Information
Article 20
Right of Peaceful Assembly and Association
Article 21
Right to Participate in Government and in Free Elections
Article 22
Right to Social Security
Article 23
Right to Desirable Work and to Join Trade Unions
Article 24
Right to Rest and Leisure
Article 25
Right to Adequate Living Standard
Article 26
Right to Education
Article 27
Right to Participate in the Cultural Life of Community
Article 28
Right to a Social Order that Articulates this Document
Article 29
Community Duties Essential to Free and Full Development
Article 30
Freedom from State or Personal Interference in the above Rights
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
Custodial Rights of a Person
Section 12, Article lll of the 1987 Constitution
Sec. 12: (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain an 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.
(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.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.
Custodial Investigation is any questioning by law enforcement after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way.
It refers to the investigation conducted by law enforcement immediately after arrest for
the commission of an offense. It begins when a person has been arrested and brought to
the custody of law enforcers in which suspicion is focused on him in particular and
questions are asked from him (the suspect) to elicit admissions or information on the
commission of an offense.
What is the Miranda Doctrine?
The Miranda Doctrine means that prior to questioning during custodial
investigation, the person must be warned that he has the right to remain silent, that any
statement he gives may be used as evidence against him, and that he has the right to the
presence of an attorney, either retained or appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in
which the US Supreme Court laid down the principle of custodial rights of an accused. It
held, thus:
“Our holding will be spelled out with some specificity in the pages which follow, but,
briefly stated, it is this: the prosecution may not use statements, whether exculpatory
or inculpatory, stemming from not custodial interrogation of the defendant unless it
demonstrates the use of procedural safeguards effective to secure privilege against
self-incrimination. By custodial investigation we mean questioning initiated by law
enforcement officers after a person has been taken into custody or otherwise deprived
of his freedom of action in any significant way. As for the procedural safeguard to be
employed, unless other fully effective means are devised to inform accused persons of
their right of silence and to assure a continuous opportunity to exercise it, the
following measures are required: Prior to any questioning, the person must be warned
that he has the right to remain silent, that any statement he does make may be used as
evidence against him, and that he has a right to the presence of an as attorney, either
retained or appointed. The defendant may waive effectuation of these rights, provided
the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates
in any manner and at any stage of the process that he wishes to consult with an
attorney before speaking, there can be no questioning. Likewise, if the individual is
alone and indicates in any manner that he does not wish to be interrogated, the police
may not question him. The mere fact that he may have answered some questions or
volunteered some statements on his own does not deprive him of the right to refrain
from answering any further inquiries until he has consulted with an attorney and
thereafter consents to be questioned."
What are the rights of a person during custodial investigation?
The right to be informed of his rights
-i.e. the reading of the Miranda Doctrine or custodial rights by police during his
arrest. This carries the correlative obligation on the part of the investigator to explain
and contemplates efective communication which results in the subject understanding
what 1S conveyed.
The right to remain silent and to be reminded that anything he says can and
will be used against him.
This refers not only to verbal confessions but also acts. However, mechanical acts
that does not require the Use to intelligence (such as providing DNA samples)) or to
answers of general questions are not protected under this right.
The right to an attorney or to counsel, preferably of his own choice; if not,
one will be provided for him
— This right is absolute and applies even if the accused himself is a lawyer. The
right is more particularly the right to independent and competent. An independent
counsel is one not hampered with any conflicts of interest, and a competent counsel is
one who is vigilant in protecting the rights of an accused.
Right against torture, force, violence, threat, intimidation or any other
means which vitiate the free will of the person.
Right against secret detention places, solitary, incommunicado, or other
similar forms of detention.
-- Any confession or admission obtained from the person arrested in violation of
these rights are inadmissible in evidence and cannot be used against said person. This is
called the Exclusionary Rule, i.e. it is excluded from the evidence to be considered by the
court during trial. Such confession or admission is tainted and must be suppressed
under the “Fruit of the Poisonous Tree” Doctrine.
REPUBLIC ACT NO. 7438
-April 27, 1992
An act defining certain rights of person arrested, detained or under
custodial investigation as well as the duties of the arresting, detaining and
investigating officers, and providing penalties for violations thereof.
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumb marked
if the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null
and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of
issuing an "invitation" to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those
directly affected by the case, those charged with conducting preliminary investigation or
those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the
following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies; lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where
the custodial investigation is conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such municipality or city shall pay
the fee: Provided, That the Municipal or City Treasurer must certify that no funds
are available to pay the fees of assisting counsel before the province pays said
fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any
investigating officer, who fails to inform any person arrested, detained or under
custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who has been previously convicted
of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to
provide a competent and independent counsel to a person arrested, detained or
under custodial investigation for the commission of an offense if the latter cannot
afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of
the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the
night shall suffer the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as
may be necessary to secure his safety and prevent his escape.
THE UNITED NATIONS STANDARDS MINIMUM RULES FOR THE
TREATMENT OF PRISONERS (The Nelson Mandela Rules)
*See the attach file
Therapeutic Community Modality
 a self-help social learning treatment model used for clients with problems of
drug abuse and other behavioral problems such as alcoholism, stealing,
and other anti-social tendencies.
What are the therapeutic modalities used by the BJMP?
 Behavioral Management/ Modification Program
 BJMP implements the Therapeutic Community Modality
Program (TCMP) to manage and modify behaviors of PDL
with the goal of positively changing their thinking and behavior
through structured group processes.
Why is therapeutic modality program is recognized as the
backbone of the BJMP?
Why is TC is considered as the backbone program of the BJMP?
 It is recognized as the backbone program of the BJMP for
inmate development and is being implemented in majority of
the jails nationwide.
 The program was inconsistently implemented as it wavered
due to varied reasons.
Which type of therapy is the most widely used currently?
 cognitive behavioral therapy (CBT)
 The most common type of therapy right now may be cognitive
behavioral therapy (CBT). As mentioned above, CBT
explores the relationship between a person’s feelings,
thoughts, and behaviors. It often focuses on identifying
negative thoughts and replacing them with healthier ones.
What are the four components of therapeutic modalities?
 it includes four categories, namely behavior management,
intellectual and spiritual aspects, emotional and psychological
aspects and vocational or survival aspects.
There are four (4) major programs under the mandate of BJMP and
they are the following:




PDL custody, security and control program.
PDL welfare and development program.
Decongestion program.
Good governance.
Core Programs








A. Provisions of Basic Needs
B. Health Services
C. Educational Program
D. Skills Training/ Enhancement Program
E. Livelihood Program
F. Behavioral Management/ Modification Program
G. Interfaith Program
H. Cultural and Sports Program


I. Paralegal Program
J. E-Dalaw
Support Services

A. Human Rights Desks
The main function of the Human Rights Desk is to receive complaints
concerning human rights violations from PDL and visitors

B. Help Desk
The Help Desk functions as a referral unit where PDL and visitors
can lodge their request for assistance concerning personal or family
needs

C. Referrals for Aftercare
Although BJMP recognizes the importance of aftercare program for
PDL to be released for them to start a new, it is limited only to
providing welfare and developmental programs to PDL while they
are in custody. Nevertheless, to ensure continuity of care of PDL
upon release, the jail unit Welfare and
Development Officer facilitate referrals to different community
resources.
Special Program for Vulnerable Groups
A. Services for Pregnant PDL
B. Services for Senior Citizen PDL and PDL with Disabilities
C. Services for PDL with other Special Needs
D. Mental Health Services
E. Drug Counseling for PDL with Substance use Disorder