Andalecio, JD Santillan| Arellano University School of Law 2016 HUMAN RIGHTS REVIEWER Midterm, March 2016 Human Rights are rights those rights which emerge from being a member of the human species. They are not granted by the state nor stemmed from being a citizen of a country “All men are free and equal in dignity and liberty” A. History, Theories of Sources and Development of Human Rights Rights of men are as old as man himself- human rights existed when man exists I. II. III. IV. V. VI. Tyrannial Rulers of Greece to the royal autocracy of Kings and princes of the Middles Ages men Divine Rights of Kings 1215 Magna Carta by King John- First English Constitution, contains personal liberties and civil rights Bill of Rights of 1689- prevent arbitrary royal rule and establish freedom from cruel and unusual punishment and excessive fines Bill of Rights 1776- all men are free. Inherent Rights of life and liberty and property. Freedom of Speech and Press, freedom to exercise religion. 1789 French Declaration of Rights of Man- all men are free and equal B. Theories on Sources of Rights 1. Religious and Theological Approach- concept of dignity of man He possesses dignity as being created in the image of God and it places him with high value. Common creator means common humanity and common fundamental rights. Brotherhood of men. Disadvantage- only stands as long as man believes in God 2. The Natural Law Theory- conduct of men must always conform to the law of nature. This nature is believed to be eternal. Law of right of reason in accordance with the Law of God. The Social impulse to live peacefully and in harmony with others. Whatever is disturbing to social harmony is wrong and unjust. Embodied in Magna Carta of England 1215, 1689 England’s Bill of Rights and American Declaration of Independence 1776. It leaves vague what is part of the law of nations and, therefore is, inalienable. 3. Historical Theory- human rights emerged not from the effort of man but that they already existed through the common consciousness of man of what is right and just. They existed gradually, spontaneous and evolutionary without any arbitrary will of any authority 4. Functional or Sociological Approach- human rights existed as a means of social control. It exists to serve the social interest of the society.. Focuses on rights in terms of people’s wants and concern Andalecio, JD Santillan| Arellano University School of Law 2016 5. Positivist – all rights and authority come from the state and what officials have promulgated. The only law I what has been commanded by the sovereign. Natural rights are recognized only if they are enforced by the state. Main Criticism: authority may not promote human rights 6. Marxist Theory- interest of the society over an individual’s interest. Indvidual freedom is recognized only after the interest of society is served. It is concerned with economic and social rights over civil or political rights of community 7. Theory Based on Equality and Respect- recognition of individual rights in the enjoyment of basic freedoms (speech, religion, assembly, fair trial and access to courts) 8. Theory Based on Justice- Each person possesses inviolability founded on justice. The conception is of fairness and social primary goods and wealth are to be distributed equally 9. Theory Based on Dignity of Man- Based on the premise that human right s means sharing values of all identified policies upon which human rights depend on. The ultimate goal is world community where there is democratic sharing and distribution of values. Referred to as policy science approach. 10. Utilitarian Theory- based on the notion of rights in terms of tendencies to promote specified ends such as common good. The greatest happiness to the greatest number. Everyone is counted equally but not treated equally. C. Principles of Human Rights 1. 2. 3. 4. 5. Universal- all men have equal rights Interdependence- it does not need any other rights for it to be realized Indivisibility- cannot be divided into smaller fraction. One right depends on the other. Imprescriptible- No period to expire Inalienable- cannot be taken away arbitrarily Non-derogable rights 1. 2. 3. 4. Right to life Right against torture Freedom of Religion Right to be recognized as a person Mejoff vs. Director of Prisons, 90 Phil 70 Facts: Japanese Secret Agent taken by the US and handed to commonwealth. He was detained while awaiting deportation. Dissenting Opinion: The constitutional guarantee that no person shall be deprived of liberty without due process of law has been intended to protect all inhabitants or residents who may happen to be under the shadows of Philippine flag. Andalecio, JD Santillan| Arellano University School of Law 2016 D. Universal Declaration of Human Rights E. Obligations of the State 1. Respect 2. Protect 3. Fulfill Article 1 (3) UN Charter To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a. higher standards of living, full employment, and conditions of economic and social progress and development; b. solutions of international economic, social, health, and related problems; and inter-national cultural and educational cooperation; and c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55. International Covenant on Civil and Political Rights, Article II 1. Each state party to the present covenant undertakes to respect and to ensure to all within its territory and subjects to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each state Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and within the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: Andalecio, JD Santillan| Arellano University School of Law 2016 (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in official capacity, (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the system of the state, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article III. The State Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 2 Section 11, 1987 Constitution Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Stonehill vs. Diokno Issuance of General warrant undermines the right of private individuals Oposa vs Factoran Inter-generational Responsibility- Right to Healthful Ecology State’s argument- 1. No cause of Action, 2. No law Supreme Court’s decision is anchored in Natural Law- Right to healthful ecology predates man. F. Sources and Foundations of Human Rights a. Generally Accepted principles of Human Rights Mejoff vs. Director of Prisons, 90 Phil 70 Facts: Japanese Secret Agent taken by the US and handed to commonwealth. He was detained while awaiting deportation. It must be admitted that temporary detention is a necessary step in the process of exclusion or expulsion of undesirable aliens and that pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable lenght of time. However, under established precedents, too long a detention may justify the issuance of a writ of habeas corpus. Unless it is shown that the deportee is being indefinitely imprisoned under the pretense of awaiting a chance for deportation3 or unless the Government admits that itcan not deport him4 or unless the detainee is being held for too long a period our courts will not interfere. Dissenting Opinion: The constitutional guarantee that no person shall be deprived of liberty Andalecio, JD Santillan| Arellano University School of Law 2016 without due process of law has been intended to protect all inhabitants or residents who may happen to be under the shadows of Philippine flag. Kuroda vs. Jalandoni Facts: EO 68 to try war criminals Decision: The Incorporation Clause. To try Kuroda for his war crimes is constitutional by virtue of incorporation clause in Article II, Section 2 of Philippine Constitution. 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 Dissenting Opinion- Executive Order No. 68 is equally offensive to the Constitution because it violates the fundamental guarantees of the due process and equal protection of the law. It is especially so, because it permit the admission of many kinds evidence by which no innocent person can afford to get acquittal and by which it is impossible to determine whether an accused is guilty or not beyond all reasonable doubt. Govt of Hongkong vs. Olaila Facts: Munoz charged with conspiracy to defraud punishable by Hongkong Law. He asked to bail when petitioner asked of him for an extradition. Decision: The time-honored principle of pactasuntservanda demands that the Philippines honor its obligations under the Extradition Treaty it entered into with the Hong Kong Special Administrative Region. Failure to comply with these obligations is a setback in our foreign relations and defeats the purpose of extradition. However, it does not necessarily mean that in keeping with its treaty obligations, the Philippines should diminish a potential extraditee’s rights to life, liberty, and due process. More so, where these rights are guaranteed, not only by our Constitution, but also by international conventions, to which the Philippines is a party. We should not, therefore, deprive an extraditee of his right to apply for bail, provided that a certain standard for the grant is satisfactorily met G. International Bill of Rights collective name for the UDHR and two other human right treaties (IICCPR and ICESCR) 1948 Universal Declaration of Human Rights- is not a treaty but has evolved into general principles of international law. Contains a preamble and 30 articles. b. 1966 International Covenant on Civil and Political Rightsa. First Optional Protocol: jurisdiction of human rights committee to receive and consider communications from those who are victims of human rights violation. B. Second Optional Protocol: abolition of death penalty c. 1966 International Covenant on Economic, Social and Cultural Rights Andalecio, JD Santillan| Arellano University School of Law 2016 d. 1987 Philippine Constitution, Contains the Preamble, Article II which stipulates the State’s principle of adhering to human rights and international laws promoting the same and Article III which constitutes the Bill of Rights H. Classification of Human Rights: 1. First Generation- Political Rights and Civil Liberties. Prohibition against searches and seizures, undue intervention to freedom of expression. Rights expressed in the “negative”. A1. Right to Life ICCPR article 6 (1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. (2) In countries which have not abolished the death penalty, sentence of death penalties may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. (4) Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. Simon vs. Commission on Human Rights Issue involved- whether or not the right to a decent living form part of individual’s civil rights. Decision:Negative. “We are not prepared to conclude that the order for the demolition of the stalls, sari-sari stores and carinderia of the private respondents can fall within the compartment of "human rights violations involving civil and political rights" intended by the Constitution” “Civil Rights- (t)o those (rights) that belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not connected with the organization or administration of the government. They include the rights of property, marriage, equal protection of the laws, freedom of contract, etc. Or, as otherwise defined civil rights are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action. Also quite often mentioned are the guarantees against involuntary servitude, religious persecution, unreasonable searches and seizures, and imprisonment for debt”. Political Rights- “Political rights, on the other hand, are said to refer to the right to participate, directly or indirectly, in the establishment or administration of government, the right of suffrage, Andalecio, JD Santillan| Arellano University School of Law 2016 the right to hold public office, the right of petition and, in general, the rights appurtenant to citizenship vis-a-vis the management of government”. 1987 Constitution, Article 3 Section 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 laws. Section 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. Any death penalty already imposed shall be reduced to reclusion perpetua. 1987 Constitution, Article 2 Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to 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. (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 against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. People vs. Echegaray (Supplemental motion for reconsideration)- Death Penalty Contentions: a) violation of the constitutional proscription against cruel, degrading or inhuman punishment, (b) violation of our international treaty obligations, (c) being an undue delegation of legislative power, and (d) being discriminatory. Decision: a. The cruelty against which the Constitution protects a convicted man is cruelty inherent in the method of punishment, not the necessary suffering involved in any method employed to extinguish life humanely b. the Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty was adopted by the General Assembly on December 15, 1989. The Philippines neither signed nor ratified said document. Andalecio, JD Santillan| Arellano University School of Law 2016 1987 Constitution, Article II, Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. A2. Freedom against torture and inhuman prison conditions ICCPR article 7 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” Article 10. 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated. 1987 Constitution, Article Section 19- (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. Article I, Convention Against Torture- “For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” People vs. Galit“Trial courts are cautioned to look carefully into the circumstances surrounding the taking of any confession, especially where the prisoner claims having been maltreated into giving one. Where there is any doubt as to its voluntariness, the same must be rejected in toto. A3. Equity before the LawArticle 26, ICCPR. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any Andalecio, JD Santillan| Arellano University School of Law 2016 discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, .colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Section 1, Article III 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 laws. A4. Right to Liberty, Freedom from arbitrary ArrestArticle 8, ICCPR, 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or compulsory labour, (o) Paragraph 3 (a) shall not be held to preclude, in countries where imprison ment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court. (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. Article 9, ICCPR. 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Article 11, ICCPR. No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article III, Section 2, Philippine Constitution- The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever Andalecio, JD Santillan| Arellano University School of Law 2016 nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to 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. (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 against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 15. 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. Section 18. (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. Rubi vs. Mindoro- Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro But does the Constitutional guaranty that 'no person shall be deprived of his liberty without due process of law' apply to a class of persons who do not have a correct idea of what liberty is and do not practise liberty in a rightful way?To say that it does will mean to sanction and defend an erroneous idea of such class of persons as to what liberty is. It will mean, in the case at bar, that the Government should not adopt any measures looking to the welfare and advancement of the class of persons in question. It will mean that this people should be let along in the mountains and in a permanent state of savagery without even the remotest hope of coming to understand liberty in its true and noble sense. Further, one cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Nor can one say that due process of law has not been followed. To go back to our definition of due process of law and equal protection of the law, there exists a law ; the law seems to be reasonable; it is enforced according to the regular methods of procedure prescribed; and it applies alike to all of a class. Andalecio, JD Santillan| Arellano University School of Law 2016 Villavicencio vs. Lukban One fact, and one fact only, need be recalled — these one hundred and seventy women were isolated from society, and then at night, without their consent and without any opportunity to consult with friends or to defend their rights, were forcibly hustled on board steamers for transportation to regions unknown Warrantless Arrests Rule 113 SEC. 5. Arrest without warrant; when lawful.—A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (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; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112, (5a) Checkpoints: Valmonte vs. De VillaTrue, the manning of checkpoints by the military is susceptible of abuse by the men in uniform, in the same manner that all governmental power is susceptible of abuse. But, at the cost of occasional inconvenience, discomfort and even irritation to the citizen, the checkpoints during these abnormal times, when conducted within reasonable limits, are part of the price we pay for an orderly society and a peaceful community. A5 Freedom Against Slavery Article 8. 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or compulsory labour, (o) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such Andalecio, JD Santillan| Arellano University School of Law 2016 punishment by a competent court. (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious object tion is recognized, any national service required by law of conscientious objectors (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. 1987 Constitution, Section 18 (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. A6. Freedom of Movement ICCPR, Article 12. 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country. 1987 Constitution, Article III, Section 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 the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Marcos vs. Manglapus- President Aquino Banning the Return of Marcos Issues Raised: 1. to bar former President Marcos and his family from returning to the Philippines is to deny them not only the inherent right of citizens to return to their country of birth but also the protection of the Constitution and all of the rights guaranteed to Filipinos under the Constitution;2. The President has no power to bar a Filipino from his own country; if she has, she had exercised it arbitrarily; and 3. There is no basis for barring the return of the family of former President Marcos Andalecio, JD Santillan| Arellano University School of Law 2016 A7 Right to Security ICCPR Article 17. 1. No one shall be subj ected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference and attacks. 1987 Constitution, Article III, Section 2 Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Purpose of the guaranty: Alvero vs. Dizon- To prevent violations of private security in person and property and unlawful invasions of the sanctity of the home by officers of law acting under legislative or judicial sanction and to give remedy against such usurpation when attempted. TO Whom Directed People vs. Andre Marti- The guarantee under the Bill of Rights can only be invoked against the state and not against private individuals acting in private capacity without intervention or participation of the State. Zulueta vs. Court of Appeals- The constitutional injunction declaring the privacy of communication and correspondence to be inviolable is no less applicable simply because it is the wife who is the party against whom the constitutional provision is to be enforced. A person, by contracting marriage does not shed his right to privacy as an individual and the constitutional protection is ever available to him. Who may invoke the Right 1 Stonehill v. Diokno, 20 SCRA 383 (1967) The individual corporate officer cannot not invoke the right against unreasonable search and seizure of a corporation because the corporation is a distinct and separate personality. 2. Bache and Co., vs. Ruiz, 37 SCRA 323 (1971) If the corporation itself invokes the right, then the evidence obtained against the corporation must be excluded as it cannot be used against it. Andalecio, JD Santillan| Arellano University School of Law 2016 Objects of Seizure Rule 126, SEC. 3. Personal property to be seized.—A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense; (b) Stolen or embezzled and other proceeds, or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. Warrantless Searches Valid Waiver 1. People vs. Omaweng, 213 SCRA 462 (1992) The Court held that a person who consented to the search of his vehicle cannot thereafter complain that he was illegally searched. 2. Veroy vs. Layague, 210 SCRA 97 (1992) The consent to check if there were rebels inside the house was not consent to conduct a room to room search. 3. Lopez vs. Comm. of Customs, 68 SCRA 320 (1975) The consent of a “manicurist by profession” who was, as the time, in the hotel room, was a valid waiver that authorized the search of the hotel room. Incidental to a Lawful Arrest Rule 126, SEC. 13. Search incident to 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. 1. People v. Malmstedt, 198 SCRA 401 (1991) The search of a suspicious looking pouch on the waist of Malmstedt was valid considering that there was probable cause to arrest him. The Court also held that the search of the two bags under the control of Malmstedt was an incident to a lawful arrest. 2. People vs. Libnao, et. al., G.R. No. 136860, January 20, 2003 A search at a checkpoint that was set up as a result of months of surveillance and intelligence information and done contemporaneously with a valid warrantless arrest is a valid search Andalecio, JD Santillan| Arellano University School of Law 2016 PLAIN VIEW The Plain View Doctrine Objects in the (1) plain view of a law enforcement officer who has a (2) right to be in the position to have the view are subject to seizure and may be presented in evidence. Elements of Plain View: 1. A previous valid intrusion 2. Evidence is inadvertently discovered 3. Evidence is apparently illegal 4. Seizure of the item without further search Padilla v. CA, 269 SCRA 402 (1997) The Court held that when Padilla raised his hand and thereby exposed the handgun tucked in his waist, the gun was a plain view of the officers and may be seized. Same is true of the armalite magazine in his pocket, as well as the baby armalite which was in plain view when Padilla opened his vehicle. Minimum Procedural Guarantees of an accused ICCPR Article 9. 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be sub ject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Article 14. 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal Andalecio, JD Santillan| Arellano University School of Law 2016 established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opin ion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (/) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated Andalecio, JD Santillan| Arellano University School of Law 2016 according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. Article 15. 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and punishment of any per son for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article III, 1987 Constitution 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 right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. 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. Section 15. 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 Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. PRESUMPTION OF INNOCENCE People vs. Dramayo Contention: Absence of Evidence to convict beyond reasonable doubt Andalecio, JD Santillan| Arellano University School of Law 2016 The conscience must be satisfied that on the defendant could be laid the responsibility for the offense charged; not only did he perpetrate the act but that it amounted to a crime. What is required is moral certainty. This is to end that the court’s mind should not be tortured with doubts, that the innocent may not suffer and the guilty not escaped punishment. RIGHT TO BAIL Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required SECTION 1. Bail defined.—Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance, (1a) Teehankee vs. Rovira All person shall before conviction be bailable except those charged with capital offense when the evidence of guilt is strong. From the moment he is placed under arrest, detention or restraint by the officers of law, he can claim his guarantee of the Bill of Rights and the right retains unless he is charged with a capital offense and the evidence of guilt is strong. If there is presumption of innocence of one already formally charged with criminal offense, this presumption should be indulged in favour of one not yet so charged, although already arrested or detained. Enrile vs. Sanddiganbayan Contentions: 1. Before Judgment of Sandiganbayan, he is bailable as a matter of right 2. He will not be punished by reclusion perpetua because of 2 mitigating circumstances, (1) he is old (2) he voluntarily surrendered 3. Prosecution failed to prove that the evidence of his guilt is strong 4. He is not a flight risk Decision: 1. Special humanitarian, compelling reason- Enrile is old and has many sicknesses 2. He is not a flight risk as shown in his respect for legal process. He should be allowed to bail for it will enable him have his medical condition properly addressed, aid his preparation for defense, and guarantee his appearance before the court.
