HUMAN RIGHTS EDUCATION
CONCEPT AND PRINCIPLES OF HUMAN RIGHTS
 “Human rights as those rights which are inherent in our nature and
without which we cannot live as human beings” --- United Nations
 The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity,
reduce social, economic and political inequalities, and remove cultural
inequalities by equitably diffusing wealth and political power for the
common good (Sec. 11, Art. II, Phil. Constitution).
 Human rights is defined as the Supreme, Inherent and Inalienable
rights to life, to dignity, and to self-development. It is the essence of
these rights that makes human. Human rights are fundamental
freedoms which are necessary and indispensable in order to enable
every member of the human race to live a life to dignity.

Basic Characteristics of Human Rights
1. Inherent
- It is not granted by any person or authority.
 It is our birthrights. They belong to the individual person for
reason that he or she is a human being.
2. Fundamental – Without Human Rights, the life and dignity of
man will be meaningless
3. Inalienable – It cannot be rightfully taken away from a free
individual nor it cannot be given away or be forfeited
4. Imprescriptible – It cannot be lost even if man fails to use or
assert them, even by a long passage of time. Human rights do
not prescribe even if he fails to use or was prevented from
asserting them. Human rights are indivisible, interrelated. The
indivisibility of human rights is a manifestation that a person
cannot be denied or deprived of his/her human rights,
notwithstanding that he or she has already enjoyed, or is
already enjoying other rights.
5. Indivisible – It is not capable of being divided. It 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. The right can be enforced
without national border.
 Human rights are endowed every human being from the
moment of birth, without distinction or irrespective of origin,
sex, race, creed, political color, status or condition in life.
7. Equality – Even the law of nature made manifest this basic
principle by the fact that all human beings, male or female, are
born naked and helpless.

Sources of Human Rights
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1. Natural rights – God-given rights, unwritten, prevails as norms
of the society. It is an unwritten law but prevails as norms of
the society.
-example: right to love, right to breath
2. Constitutional rights -conferred and protected by the
Constitution and cannot be modifies or taken away by the lawmaking body
-example:political rights, civil rights
3. Statutory rights – it is provided by law and promulgated by the
law-making body and may be abolished by the same.
-example: right to sell, consumer’s right
CLASSIFICATION OF HUMAN RIGHTS
1. Civil rights – rights which the law will enforce at the instance of
private individuals for the purpose of securing to them the
enjoyment of their means of happiness.
2. Political rights – right which enables us to participate in running
the affairs of the government either. Directly or indirectly
3. Economic and social rights – those which the law confers upon
people to enable them to achieve social and economic
development
4. Cultural rights -right that ensures the well-being of the
individual and foster the preservation, enrichment and dynamic
evolution of national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression.
STATE OBLIGATION ON HUMAN RIGHTS
o to respect a right means refraining from interfering with the
enjoyment of the right.
 Requires the state and all its organs and agents to
abstain from doing anything that violates the integrity of
individual or fringes on his/her freedom.
o to protect the right means enacting laws that create
mechanisms to prevent violation of the right by state
authorities or by non-state actors. this protection is to be
granted equally to all.
 Requires the state and its agents – the measures
necessary to prevent other individuals or groups from
violating the integrity, freedom of action, or the human
rights of the individual.
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o to fulfil the right means to take active steps to put in place
institutions and procedures, including the allocation of
resources to enable people to enjoy the right. a rights-based
approach develops the capacity of duty-bearers to meet their
obligations and encourages rights holders to claim their rights.
 Requires the state to take measures to ensure for each
person within its jurisdiction opportunities to obtain
satisfaction of those needs, recognized in the human
rights instruments, which cannot be secured by personal
efforts.
o Resource implications of the obligations to respect and protect are
generally less significant than those of implementing the
obligations to fulfil, for which more proactive and resourceintensive measures may be required. consequently, resource
constraints may not affect a state’s ability to respect and protect
human rights to the same extent as its ability to fulfil human
rights.
FUNDAMENTAL POWER OF THE STATE
1. Police power
- The police power is simply defined as the power inherent in the
State to regulate liberty and property for the promotion of the
general welfare. By reason of its function, it extends to all the
great public needs and is described as the most pervasive, the
least limitable and the most demanding of the three inherent
powers of the State, far outpacing taxation and eminent
domain. (Ynot v. Intermediate Appellate Court, G.R. No.
74457, [March 20, 1987], 232 PHIL 615-632)
- It is the inherent and plenary power in the state which enables
it to prohibit all that is hurtful to the comfort and welfare of the
society.
- Basis: latin maxims
i. salus populi suprema lex - The health of the people
should be the supreme law
ii. sic utere tuo ut alienum non laedas - Use your own
property in such a way that you do not injure other
people’s
- It has been defined as the "state authority to enact legislation
that may interfere with personal liberty or property in order to
promote the general welfare." As defined, it consists of (1) an
imposition of restraint upon liberty or property, (2) in order to
foster the common good. It is not capable of an exact definition
but has been, purposely, veiled in general terms to underscore
its all-comprehensive embrace. (Philippine Association of
Service Exporters, Inc. v. Drilon, G.R. No. 81958, [June 30,
1988], 246 PHIL 393-406)
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It constitutes an implied limitation on the Bill of Rights. The Bill
of Rights itself does not purport to be an absolute guaranty of
individual rights and liberties "Even liberty itself, the greatest
of all rights, is not unrestricted license to act according to one's
will." It is subject to the far more overriding demands and
requirements of the greater number (Philippine Association of
Service Exporters, Inc. v. Drilon, G.R. No. 81958, [June 30,
1988], 246 PHIL 393-406)
- The police power of the state has been described as "the most
essential, insistent and illimitable of powers" which enables it
to prohibit all things hurtful to the comfort, safety and welfare
of society. It is power not emanating from or conferred by the
constitution, but inherent in the state, plenary, "suitably vague
and far from precisely defined, rooted in the conception that
man in organizing the state and imposing upon the government
limitations to safeguard constitutional rights did not intend
thereby to enable individual citizens or group of citizens to
obstruct unreason able the enactment of such salutary
measures to ensure communal peace, safety, good order and
welfare."
- Who exercises the police power?
i.
Police power is lodged primarily in the National
Legislature. It cannot be exercised by any group or body
of individuals not possessing legislative power. National
Legislature, however, may delegate this power to the
President and administrative boards as well as the
lawmaking bodies of municipal corporations or local
government units. Once delegated, the agents can
exercise only such legislative powers as are conferred on
them by the national lawmaking body. (Metropolitan
Manila Development Authority v. Bel-Air Village
Association, Inc., G.R. No. 135962, [March 27, 2000],
385 PHIL 586-622)
ii.
- Limitations (Test for Valid Exercise)
i. Police power is validly exercised if (a) the interests of the
public generally, as distinguished from those of a
particular class, require the interference of the State, and
(b) the means employed are reasonably necessary to the
attainment of the object sought to be accomplished and
not unduly oppressive upon individuals. The proper
exercise of the police power requires the concurrence of
a lawful subject and a lawful method.
ii.
2. Power of eminent domain
-
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Eminent domain is a fundamental state power that is
inseparable from sovereignty. It is the power of a sovereign
state to appropriate private property within its territorial
sovereignty to promote public welfare for a consideration of
just compensation. The exercise of this power is based on the
State's primary duty to serve the common need and advance
the general welfare.
The government's exercise of eminent domain is not absolute.
It is subject, first and foremost, to constitutional restrictions
enshrined in the Bill of Rights, viz.:
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 9. Private property shall not be taken for public
use without just compensation.
-
-
It is the use of the government of its coercive authority, upon
just compensation, to forcibly acquire the needed property in
order to devote the same to public use
Who exercises the power of eminent domain?
i.
The decision to exercise the power of eminent domain
rests with the legislature which has the exclusive power
to prescribe how and by whom the power of eminent
domain is to be exercised. Thus, the Executive
Department cannot condemn properties for its own use
without direct authority from the Congress. (Republic v.
Mupas, G.R. Nos. 181892, 209917, 209696 & 209731,
[September 8, 2015])
Requisites for the exercise:
a. Necessity
i.
The very foundation of the right to exercise eminent
domain is a genuine necessity, and that necessity must
be of a public character. The ascertainment of the
necessity must precede, and not follow, the taking of the
property.
ii.
The Legislature may directly determine the necessity for
appropriating private property for a particular
improvement for public use, and it may select the exact
location of the improvement.
b. Private property
- The subject of appropriation is private property
c. Taking
- 'Taking' under the power of eminent domain may be defined
generally as entering upon private property for more than a
momentary period, and, under the warrant or color of legal
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authority, devoting it to a public use, or otherwise informally
appropriating or injuriously affecting it in such a way as
substantially to oust the owner and deprive him of all beneficial
enjoyment thereof.
d. Public use
- Public use, as an eminent domain concept, has now acquired
an expansive meaning to include any use that is of "usefulness,
utility, or advantage, or what is productive of general benefit
[of the public]."
e. Just compensation
- Just compensation is defined as "the full and fair equivalent of
the property taken from its owner by the expropriator." The
word "just" is used to qualify the meaning of the word
"compensation" and to convey the idea that the amount to be
tendered for the property to be taken shall be real, substantial,
full and ample. On the other hand, the word "compensation"
means "a full indemnity or remuneration for the loss or damage
sustained by the owner of property taken or injured for public
use."
- Simply stated, just compensation means that the former owner
must be returned to the monetary equivalent of the position
that the owner had when the taking occurred. To achieve this
monetary equivalent, we use the standard value of "fair market
value" of the property at the time of the filing of the complaint
for expropriation or at the time of the taking of property,
whichever is earlier.
- Just compensation means the value of the property at the time
of the taking. It means a fair and full equivalent for the loss
sustained. All the facts as to the condition of the property and
its surroundings, its improvements and capabilities, should be
considered.
3. Power of taxation
- It is the method by which contributions are exacted from
persons and property for the support of government and for all
public needs.
- An inherent power of the state exercised through legislature,
to impose burdens upon subjects and objects within its
jurisdiction, for the purpose of raising revenues to carry out the
legitimate objects of the government.
- Scope:
To impose burdens upon subjects and objects within its
jurisdiction.
- Purpose:
For raising revenue to carry out the legitimate objects of the
government
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-
Revenue Objective – To build a just and human society and
the establishment of a government under certain ideals and
aspirations.
Sumptuary Objective – An implement of the police power of
the state for regulatory purposes. In this case, it is used in
furtherance of any government objective either as an incentive
or deterrence. As an implement, the generation of revenue is
merely incidental or in furtherance thereof. (Lutz v. Araneta,
98 Phil 148).
Compensatory Objective – For social justice purposes or
other purposes or other legitimate objectives of the State, with
a view to realize social justice, equitable distribution of wealth,
economic progress and other similar objectives (Southern
Cross Cement Corp. v. Cement Manufacturers Assoc. of the
Phils, GR 158540)
Bill of Rights (Article III, 1987 Philippine Constitution)
Bill of rights
- It is the declaration and enumeration of the individual rights and
privileges and is designed to protect violations against individuals and
limitation upon the power of the state.
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.
What is Due Process?
- It hears before it condemns, proceed only upon inquire and
renders judgment only after trial.
- It is meant that if a person is deprived of life, liberty or property
by the State, it must be done only under the authority of a valid
law and after compliance with the regular methods of procedure
prescribed by the law.
- Due process of law is categorized into Procedural Due Process
and Substantive Due Process.
- Procedural Due Process elements:
i.
Notice and hearing
ii.
Jurisdiction over the person or subject matter must be
acquired
iii.
Court or tribunal hearing
iv.
Defendant is give chance to be heard
v.
Judgment only after lawful hearing
- Substantive due process or the law itself means that the State
must not exercise arbitrary power.
- Any deprivation of life liberty and property by the State is with
due process if it is done:
1. Under the authority of the law that is valid under the
Constitution itself; and
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2. After compliance with fair and reasonable methods of
procedure required by law.
What constitutes Deprivation?
1. Deprivation of life � the loss of any of the various
physical and mental attributes which man must have to
live as human being. It is the very foundation of human
rights.
2. Deprivation of liberty � that one is duly prevented
from acting the way he wishes to do.
3. Deprivation of property � when it its value is
destroyed or its adaptability to some legislation should be
treated alike under circumstances and conditions both in
the privileges conferred and liabilities imposed.
What is the meaning of Equal Protection of Law?
- It signifies that all persons subject to legislation should be
treated alike under the circumstances and conditions both in
the privileges conferred and liabilities imposed.
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.
What is a Search Warrant and Warrant of Arrest?

Search Warrant- A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

Warrant of Arrest - Arrest is the taking of a person into custody in
order that he may be bound to answer for the commission of an
offense.

Elements of valid search and arrest warrants
o Must be issued upon probable cause which is determined
personally by the judge
o Such determination of the existence of probable cause must be
made after examination by the judge of the complainant and the
witnesses he may produce.
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o The warrant must particularly describe the place to be searched
and the person or thing to be seized.
What is its scope of protection?
1. Applies to every citizen of the Philippines including aliens whether
accused of crime or not.
2. Not limited to dwelling but extends to a garage, warehouse, shop, store
and even a safety deposit vault.
3. It include sealed letters and packages in the mail which may be opened
and examined only in pursuance of a search warrant.
When search and seizure unreasonable?
In general, all illegal searches and seizures are unreasonable while
lawful
ones are reasonable.
When search and seizure may be made without warrant?
1. Where there is consent or wavier
2. Where there is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported
4. The possession of articles prohibited by law is disclosed to plain view or
is open to eye and hand
5. As an incident of inspection, supervision and regulation in the exercise
of police power
6. Routinary searches usually made at the border or a port of entry in the
interest of national security and for proper enforcement or customs and
immigration laws.
When arrest may be made without warrant?
1. When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
2. When an offense has in fact just has been committed and has been
personal knowledge of facts indicating that a person to be arrested has
committed it;
3. When a person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined
while his care is pending, or has escaped while being transferred.
Section 3. (1) The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court,
or when public safety or order requires otherwise, as
prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose
in any proceeding.
Limitations on the Right of Privacy of Communications
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1. Permissible interference
a. Upon lawful order of the court; or
b. When public safety or order requires otherwise as prescribed by
law.
2. Intervention of the court
Is the privacy of communication and correspondence absolute?
- NO. exemption in case of anti-wiretapping law and antiterrorism law
Writ of Habeas Data Meaning:
It is a judicial remedy available to any individual whose right to privacy
in life, liberty, or security is violated or threatened by unlawful act or
omission of a public official employee or of a private individual or entity
engaged in gathering, collecting or storing of date or information regarding
the person, family, home, and correspondence of the aggrieved party.
Section 4. No law shall be passed abridging the freedom of speech,
of expression,
or of the press, or the right of the people peaceably to
assemble and petition the government for redress of
grievances.
-
Freedom of Speech, and Expression, and the Press
The rights to freely utter and published whatever one pleases
without previous restraint, and to be protected against any
responsibility for so doing as long as it does violate the law, or
injure someone’s character, reputation, or business.
Scope of Freedom of expression � the rights of assembly and petition, the
right to form associations or societies not contrary to the law, and the right
to religious freedom.
Scope of Terms:
 Speech and Expression
o cover any form of oral utterances such as protests as
expression of opinion about subjects of public concern.
 Press
o covers any sort of publications as instruments for mass
communication.
Freedom of Expression is Not Absolute. It is limited subject to:
1. Subject to regulation by the state.
2. Subject one to liability when abused.
 Libel – a public and malicious imputation of a crime or of a vice or
defect, real or imaginary, or any act, omission, condition, status or
circumstance tending to cause the dishonor, discredit or contempt of
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
a natural or juridical person or to blacken the memory of one who is
dead
Obscenity – any work, taken as a whole, appeals to the prurient
interest; the work depicts or describes in a patently offensive way,
sexual conduct; whether the work taken as a whole, lacks serious
literary, artistic, political or scientific value.
Freedom of expression is guaranteed by the Constitution
1. Essential for the search of truth
2. Essential for democracy to work
3. Essential for the citizens to promote self-realization and self
determination
4. It guarantees for the prohibition against prior restraints and
censorship
 Prior restraint is the actual and official governmental
restrictions of the press and other forms of expression in
advance actual prohibition or dissemination.
Meaning of Right of Assembly and Right of Petition
1. The right of assembly means the right on the part of the citizens
to meet peaceably for consultation in respect to public affairs.
2. The right of petition means the right of any person or group of
persons, to apply without fear of penalty to the appropriate branch
or office of government for redress of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for
the exercise of civil or political rights.
Meaning of Religious Freedom - The right of a man to worship God, and to
entertain such religious views as appeal to his individual conscience,
without dictation or interference by any person or power, civil or
ecclesiastical.
Meaning of Religion � all forms of belief in the existence of superior beings
exercising power over human beings and imposing rules of conduct with
future state of rewards or punishments.
Aspects of Religious Freedom
1. The separation of Church and State.
2. The freedom of religious profession and worship.

Non-establishment clause – means that the state cannot set up a
church, nor pass laws which aide one religion, aid all religion or prefer
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
one religion over the other, nor 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.
Free exercise clause - a constitutional guarantee of free exercise of
religious profession and worship carries with it the right to
disseminate religious information and any restraint of such right can
be justified only on the ground that there is a clear and present
danger of an evil which the State has the right to prevent.
Religious Test Prohibited
a. A religious test is one demanding the avowal or repudiation of a
certain religious beliefs before the performance of any act.
b. The expression of civil political rights (supra) is to be understood
as including the individual right safeguarded by the Constitution and
statutory laws.
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.
Meaning of Liberty of Abode and Travel
 It is the right of a person to have his home in whatever place
chosen by him and thereafter to change it at will, and to go
where he pleases, without interference of any source.
Limitations on The Right
1. Permissible interference.
 The right is qualified by the clauses except upon lawful order of
the court and except in the interest of the national security,
and public safety or public health as may be provided by law.
2. Intervention of the court.
 Note that under the second limitation, a court order is not
necessary. The determination of the proper executive officer
(President) is subject to judicial reviews. A person whose liberty
of abode is violated may petition for a writ of habeas corpus
against another holding him in detention.
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official
records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
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Right to
1.
2.
3.
Information on matters of Public Concern
Access to official records for exercise of right.
Arguments in support of right.
Constitutionally or validity of implementing law.
Scope of the Right
1. The right embraces all public records.
2. It is limited to citizens only but is without prejudice to the right of aliens
to have access to records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may be provided by law.
A. Limitations on the Right.
1. Public records excepted.
2. Burden on government to justify withholding of information.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be
abridged.
Meaning of Right to Form Associations - is the freedom to organize or to be
a member of any group or association, union, or society, and to adopt the
rules which the members judge most appropriate to achieve their purpose.
Section 9. Private property shall not be taken for public use without
just compensation.
Section 10.
be passed.
No law impairing the obligation of contracts shall
Meaning of obligation of a contract - is the law or duty which binds the
parties to perform their agreement according to its terms or intent, if it is
not contrary to law, morals, good customs, public order, or public policy.
Impairment of contract – when a law changes the terms of legal contract
between parties either in time or mode of performance, or imposes new
conditions, dispenses with those expressed, or authorizes for its satisfaction
something different from that provided in its terms.
Scope of terms:
1. The law, the enactment of which is prohibited, includes executive and
administrative orders of the President, administrative orders issued by
heads of departments, and ordinance enacted by local governments.
2. The contract, the obligation of which is secured against impairment
under the Constitution, includes contracts entered into by the government.
Purpose of non-impairment prohibition
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The prohibition is intended to protect creditors, to assure the fulfillment of
lawful promises, and to guard the integrity of contractual obligations.
Freedom to contract not absolute
 The freedom of contract is necessarily limited by the exercise of
the police power of the State in the interest of general welfare and
especially in view of the explicit provisions in the Constitution with
reference to the promotion of social justice.
FINALS
Section 11. Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to any
person by reason of poverty.
Constitutional rights of the accused in criminal cases
1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an
offense to be informed of his right to remain silent and to have
counsel.
3. The right against the use of torture, force, violence, threat,
intimidation or any other means which vitiates the free will
4. The right against being held in secret, incommunicado, or similar
forms of solitary detention.
5. The right to bail and against excessive bail.
6. The right to due process of law.
7. The right to presumption of innocence.
8. The right to be heard by himself and counsel.
9. The right to be performed of the nature and cause of the accusation
against him.
10.
The right to have a speedy, impartial, and public trial.
11.
The rights to meet the witnesses face to face.
12.
The right to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf.
13.
The right against self-incrimination.
14.
The right against detention by reason of political beliefs and
aspirations.
15.
The right against excessive fines.
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16.
The right against cruel, degrading or inhuman punishment.
17.
The right against infliction of the death penalty except for
heinous crimes; and
18.
The right against double jeopardy.
Reasons for constitutional safeguards
1. A criminal case, an unequal contest.
2. Criminal accusation, a very serious matter.
3. Protection of innocent, the underlying purpose.
a. Right to free access to the courts of quasi-judicial bodies.
b. Right to adequate legal assistance.
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 and
rehabilitation of victims of torture or similar practices, and
their families.
Miranda Doctrine –




These rights are available only during custodial investigation or in
custody interrogation of the accused.
Custodial investigation-defined as any questioning initiated by law
enforcement officer after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way
Miranda doctrine applies only from the moment the investigating
officer begins to ask questions for the purpose of eliciting
admissions, confessions or any information from the accused.
Rights under Miranda Doctrine which a person under custodial
investigation is entitled are:
1. Right to remain silent
- No adverse inherence shall be made from his refusal to answer
questions
2. Right to a competent and independent counsel
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Preferably of his own choice
If he cannot afford the services of a counsel, he must be
provided with one
- The right to counsel is intended to preclude the slightest
coercion as would lead the accused to admit something
false(the right to counsel attaches upon the start of the
investigation.
- When the accused is brought to the police station to be
identified only by a witness, the accused is not yet under
custodial investigation
3. To be informed of such rights
- This contemplates the transmission of meaningful information
rather than just the ceremonial and perfunctory recitation of an
abstract constitutional principle. Making the accused read if his
constitutional right is not enough. The prosecution must show
that the accused understood what he read and he understood
the consequences of his waiver.
4. Rights cannot be waived except in writing and signed by the
person in the presence of his counsel
- Sec2D of RA 7438
5. No torture, force which vitiates the free will shall be used
6. Secret detention places are prohibited
7. Confessions or admissions obtained in violations of rights are
inadmissible as evidence
- Two involuntary or coerced confessions
- A. coerced confessions or the product of third degree method
such as torture, force, violence, threat and intimidation
(paragraph 2)
- B. uncounselled statements given without the benefit of a
miranda warning. (paragraph 1)
- Constitutional procedures on custodial investigation do not
apply to the spontaneous statements not elicited through
questioning. By the authorities, but given in an ordinary
manner whereby the accused orally admitted having committed
the crime
Waiver must be in writing and made in the presence of the counsel.
Burden of proving that there was a valid waiver rest on the
prosecution.
The right to remain silent and the right to counsel may be waived but
not the right to be informed of this right.
Exclusionary rule: confession or admission obtained in violation of
sec 12 and sec 17 of Art III shall be inadmissible as evidence
o Confession- spontaneous
o Fruit of poisonous tree- once the primary source is shown to
have been unlawfully obtained, any secondary or derivative
evidence derived from it is inadmissible.
o Receipt of seized property inadmissible – page 235
-

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Page 16 of 35
o Re-enactment of the crime
o Res gestaeSection 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.
 Bail- the security given for the release of the person in custody of the
law, furnished by him or the bondsman, conditioned upon his
appearance before any court as may be required. The right to bail
emanates from the right to be presumed innocent
 Exceptions:
1. When charged with an offence punishable by reclusion perpetua or
higher and evidence of guilt is strong.
- The SC said that where the accused is charged with an offense
punishable by reclusion perpetua, it is the duty of the judge to
determine if evidence of guilt is strong for purposes of deciding
whether bail may be granted or not.
2. Not available to the military
- There is a substantial distinction between the military and
civilians (comendador v. de villa, 200 scra 80)
 A hearing on the motion to bail must be conducted by the judge to
determine whether or not the evidence of guilt is strong.
 Purpose and form of Bail:
i.
ii.
The purpose of requiring bail is to relieve the accused from
imprisonment until his conviction and yet secure his
appearance at the trials.
It may be in the form of cash deposit, property bond, bond
secured from a surety company, or recognizance.
o Meaning of Capital Offense - for purposes of the above
provision, is an offense which, under the law existing at the
time of its commissions, and at the time of the application to
be admitted to bail, may be punished with reclusion perpetua,
life imprisonment, or death
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
Page 17 of 35
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.





Plea of guilt to a capital offense
- Due process clause:
i. The trial court must conduct a searching inquiry into the
voluntariness of the plea and the full comprehension of
the consequence thereof
ii. The prosecution shall be required to present evidence to
prove the guilt of the accused and the precise degree of
his culpability
iii. The accused must be asked if he desires to present evidence
on his behalf and allow him to do so if he desires.
- This procedure is mandatory. Any judge who fails to observe
with fealty the said rule commits grave abuse of discretion.
Presumption of innocence
- Every circumstances favoring the innocence of the accused
must be taken into account.
- The proof against him must survive the test of reasons;;the
strongest suspicion must not be permitted to sway judgement.
Equipoise rule invoked by the petitioner is applicable only where the
evidence adduced by the parties are evenly balanced, in which case
the constitutional presumption of innocence should tilt the scale in
favor of the accused.
Right to be informed of the nature and cause of the accusation
against him
o Rationale:
 To furnish the accused with the description of the charge
against him as will enable him to prepare for his defense
 To avail himself of the conviction or acquittal for
protection against a further prosecution for the same
cause
 To inform the court of the facts alleged, so that it may
decide whether they are sufficient in law to support a
conviction.
Speedy trial- a trial free from vexatious, capricious and oppressive
delays. But justice and fairness not the speed are the objectives.
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.
Page 18 of 35


Meaning of writ of habeas corpus - The writ of habeas corpus is an
order issued by a court of competent of jurisdiction, directed to the
person detaining another, commanding him to produce the body of
the prisoner at a designated time and place, and to show sufficient
cause for holding I custody the individual so detained.
Habeas corpus restores the liberty of an individual subjected to
physical restraint

As per definition, it is a law stating that an individual cannot be
imprisoned or held in custody inside a prison cell unless he/she has
first been brought before a court of law, which decides whether or
not it is legal for the person to be kept in prison.

Purpose of the writ
-


It has for its purpose to inquire into all manner of involuntary
restraint or detention as distinguished from voluntary and to
relieve a person there from if such restraint is found illegal. The
writ is the proper remedy court to release in each and every
case of detention without legal cause or authority. Its principal
purpose then is to set the individual liberty.
How writ operates
- The writ is the order from the court requiring a person detaining
another to show cause for the detention, while the privilege of
the writ is the further order from the court to release an
individual if it finds his detention without legal cause or
authority.
Writ of Amparo
- The writ of habeas corpus is not to be confused with the writ of
Amparo. Now, families of victims of extrajudicial killings and
enforced disappearances (or any qualified person or entity) can
invoke the writ when the right to life, liberty, or security of a
person 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.
Section 16. All persons shall have the right to a speedy disposition
of their cases
before all judicial, quasi-judicial, or administrative bodies.
Right to speedy disposition of cases
(1) The above provision upholds the time-honored tradition of speedy
justice for as stated in the old dictum - "Justice delayed is justice denied."
Its express inclusion was in response to the common charge against the
perennial delay in the administration of justice which in the past has
plagued
our
judicial
system.
(2) The right to a speedy disposition of cases can be invoked only after the
termination
of
the
trial
or
hearing
of
case.
Page 19 of 35
(3) Under the present Constitution, the Supreme Court, all lowers delegate
courts, and all other lower courts are required to decide or resolve cases
within
a
certain
period
of
time.
(4) The provision contemplates the disposition of cases involving private
interests not only before judicial bodies, but also before quasi-judicial.
Section 17. No person shall be compelled to be a witness against
himself.
Right against self-incrimination
No person shall be compelled to be a witness against himself. This is a
protection
against self-incrimination which may expose a person to a criminal liability.
It is
founded on grounds of:
(1) Public Policy, because if the party is thus required to testify he would
be
placed under the strongest temptation to commit the crime of perjury; and
(2) Humanity, because it prevents the extortion of confession by duress.
The constitutional guarantee protects as well the right of the accused to
silence,
and his silence, meaning, his failure or refusal to testify may not be used
as
presumption of guilt or taken as evidence against him.
Scope of Guarantee
The right against self-incrimination applies in criminal cases as well as in
civil,
administrative, and legislative proceeding where the fact asked for is a
criminal
one. It protects one whether he is a party or a witness.
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.
Right Against Detention Solely by Reason of Political Beliefs and Aspirations
1. Incarceration without charges of �political prisoners�.
2. Suspension of privilege of writ of habeas corpus even after lifting of
martial law.
3. Prohibition a guarantee against having �prisoners of conscience.
Page 20 of 35
Meaning of Involuntary Servitude � A condition of enforced, compulsory
service of one to another.
It includes: 1. Slavery 2. Peonage
Exceptions of Prohibitions
1. When the involuntary servitude is imposed as a punishment for a
crime.
2. When personal military or civil service is required of citizens.
3. To injunctions requiring striking laborers to return to work.
4. To exceptional service.
5. To exercise by parents of their authority.
6. When there is a proper exercise of the police power of the State.
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or
inhuman punishment inflicted. Neither shall the 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.
(2) The employment of physical, psychological, or degrading
punishment against any
prisoner or detainee or the use of substandard or inadequate penal
facilities under
subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment
of a poll tax.
Meaning of Debt - as intended to be covered by the constitutional
guarantee, means
any liability to pay money arising out of a contract, express or implied.
Meaning of Poll Taxes - is a tax of a fixed amount imposed on individuals
residing
within a specified territory, whether citizens or not, without regard to their
property or the occupation in which they may be engaged.
Section 21. No person shall be twice put in jeopardy of punishment
for the same
offense. If an act is punished by a law and an ordinance, conviction
or acquittal
under either shall constitute a bar to another prosecution for the
same act.
Page 21 of 35
Meaning of Rights Against Double Jeopardy - means that when a person is
charged
with an offense and the case is terminated either by acquittal or conviction
or in
any other manner without the express consent of the accused, the latter
cannot
again be charged with the same or identical offense.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Meaning of Ex Post Facto Law
1. Makes an act done before the passage of the law, innocent when
done, criminal, and punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed;
or
3. Changes the punishment and inflicts a greater punishment than what
a law annexed to the crime when committed; or
4. Alters the legal rules of evidence, and receives less testimony than
or different testimony from what the law required at the time of the
commission of the offense, in order to convict the offender.
Characteristic of Ex Post Facto Law
They are:
1. Ex post facto laws relate to penal or criminal matters only.
2. They are retroactive in their operation; and
3. They are deprived persons accused of crime of some protection or
defense previously available, to their disadvantage.
Meaning of Bill of Attainder - is a legislative act which inflicts punishment
without judicial trial.
INTERNATIONAL BILL OF RIGHTS
 The Universal Declaration of Human Rights and two (2) other
human rights treaties are collectively known as the International Bill
of Rights.
 The two (2) treaties are the International Convention on Civil and
Political Rights(ICCPR) and its two (2) protocols, and the
International Convention on Economic, Social and Cultural
Rights (ICESCR).
 On the other hand, the Convention on the Elimination of All Forms of
Discrimination Against Women or CEDAW is also known as the
International Bill of Rights for Women.
Page 22 of 35


THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
- The primary human rights instrument, the Universal
Declaration of Human Rights (UDHR), is not a treaty. The
United Nations General Assembly (UNGA) enacted UDHR as a
resolution, thus legally it has the force and effect only of a
recommendation, which is considered a soft law and which
traditionally would have lacked binding effect upon States. It,
however, has been observed by States as if it were a treaty,
and has since evolved into general principles of international
law.
- The document was drafted by the first United Nations
Commission on Human Rights, then chaired by Eleanor
Roosevelt. The Philippines was in the sixteen-member
Commission. John Humphrey of Canada wrote the first draft
(“Humphrey Draft”). The final draft (“Cassin Draft” or “Geneva
Draft”) which provided the structure of the Declaration was
composed by Rene Cassin of France. It is considered the most
translated document in the universe.
- UDHR contains a Preamble and 30 articles. Among the notable
declarations found in the Preamble of UDHR are:
i. That human rights are inalienable rights of all members of
the human family;
ii.
The recognition of human rights is the foundation of
freedom, justice, and peace in the world;
iii.
The freedoms of speech and belief as well as the
freedom from fear and want are the highest aspiration of the
common people;
iv.
Rebellion against tyranny and oppression is
recognized as a last resort where human rights are not
protected.
- The Universal Declaration of Human Rights (UDHR) recognizes
not only the civil and political rights of a person but also his
economic rights, such as employment, food, shelter, social
security, etc.; social rights, and cultural rights. Solidarity rights
are also recognized in the Declaration. The Bill of Rights in the
1987 Philippine Constitution provides for similar guarantees to
human rights as those provided in the UDHR, and almost with
the same wordings used as the latter.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(ICCPR)
o The International Covenant on Civil and Political Rights (ICCPR)
was adopted and opened for signature, ratification and
accession by General Assembly Resolution 2200A (XXI) of 16
December 1966. It' was entered into force on March 23, 1976,
in accordance with Article 49 thereof. The Philippines signed it
three (3) days after it was opened for signature on December
Page 23 of 35


19,1966, but it was not until twenty (20) years later, on
October 23, 1986, when it was ratified.
o ICCPR has two (2) additional protocols:
 The First Optional Protocol, which entered into force on
March 23, 1976, provides for the jurisdiction of the
Human Rights Committee to receive and consider
communications from individuals who claim to be victims
of human rights violations set forth in the ICCPR. This
was ratified by the Philippines on August 22,1989.
 The Second Optional Protocol, which entered into force
on July 11, 1991, is aimed at the abolition of death
penalty. This was ratified by the Philippines on November
20, 2007, after it passed Republic Act 9346 abolishing
death penalty in June, 2006.
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (ICESCR)
o The International Covenant on Economic, Social and Cultural
Rights (ICESCR) was adopted and opened for signature,
ratification, and accession by General Assembly Resolution
2200A (XXI) of 16 December 1966. It entered into force on
January 3, 1976, in accordance with Article 27 thereof. The
Philippines signed it at the same time as ICCPR on December
19,1966 and ratified the covenant on June 7,1974.
o The ICESCR has a reporting mechanism called the Committee
on Economic, Social and Cultural Rights (CESCR). There is one
[ optional protocol to the ICESCR, which opened for signature
and [ ratification on December 10, 2008. It has not yet entered
into force I as it only has eight (8) ratifications thus far,
whereas it needs at least ten (10) member States to ratify the
same. The Philippines has not yet signed nor ratified the
protocol as of this writing. The I optional protocol provides for
the jurisdiction of the Committee on Economic, Social and
Political
Rights
(CESCR)
to
receive
and
consider
communications from individuals and groups claiming to be
victims of violations of any of the rights set forth in ICESCR.
RIGHTS AND FREEDOMS UNDER THE INTERNATIONAL BILL OF
RIGHTS
1. Equality in dignity and rights
- The Universal Declaration of Human Rights starts with the
declaration of equality of all human beings in dignity and rights
in Article 1, thus laying down at the outset the most
fundamental and basic rules for the enjoyment by every person
of his human rights: the respect and protection that each
human being deserves.
- The International Covenant on Civil and Political Rights (ICCPR)
echoes this declaration in its Article 3, stating that “The States
Page 24 of 35
-
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”
This declaration ensures that every human is entitled to his/
her rights regardless of sex, race, religion, status in life or
political beliefs, and that no one enjoys preference or priority
over another in the entitlement of human rights. This does not
necessarily translate to uniformity of rights, for different
classes of persons may have different rights (e.g., children,
indigenous peoples) but rather to equal opportunity to enjoy
human rights.
2. Right to life, liberty and security
- Probably the most discussed article in the Universal Declaration
of Human Rights is Article 3, which provides that “Everyone has
the right to life, liberty and security of person” It encapsulates
the key political and civil rights of a person that must be
protected by the , State.
3. Right against slavery
- Article 4 of UDHR and Article 8 of ICCPR provide that “slavery
and the slave trade shall be prohibited in all their forms.” It is
not necessary that' there be an “owner-chattel” relationship
between the perpetrator and the victim, as was in the past.
Under the old concept, ; slaves were considered property which
makes up a person’s wealth. They were not considered
“persons,” and therefore could not acquire a citizenship. The
modem forms of slavery may not exactly be of the same type.
In human trafficking which is known as “modem day slavery,”
the important factor is exploitation. Today’s trafficked persons
may have some degree of freedom and choice, and may have
even initially sought out or voluntarily agreed to be recruited.
They may even have paid their way into the recruitment
process. When these persons start to get exploited, whether
for debt bondage, sexual commercialism, organ trafficking and
similar purposes, there is human trafficking victimization.
- The right against slavery is jus cogens, a higher level human
right. States cannot validly enter into a treaty to the contrary.
The jus cogens right against slavery includes "all forms” of
slavery, such as human trafficking.
- ICCPR’s Article 8 states that the term "forced or compulsory
labour” shall not include work or service required of a prisoner,
or of a military nature, or which forms part of normal civil
obligations, or necessary during calamities. It does not
preclude the performance of hard labour as part of a penalty
for a crime.
Page 25 of 35
-
The pertinent Philippine laws on slavery and other forms of
slavery are Articles 272, 273 and 274 of the Revised Penal
Code, Republic Act 9231 on the Elimination of Worst Forms of
Child Labor, Republic Act 9775 against Child Pornography, and
Republic Act 9208 against Trafficking in Persons.
4. Right against torture
- Article 5 of UDHR and Article 7 of ICCPR state that, “No 9
one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment” Pursuant to these articles,
the Convention 1 Against Torture, Cruel, Inhuman and
Degrading Punishment (CAT) was subsequently adopted.
- 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.”
- Aside from torture, acts constituting cruel, inhuman or
degrading treatment or punishment are also prohibited. There
are acts which do not fall under the definition of torture and
may not even involve any physical pain or suffering, but are
outrageously inhuman or insulting. For instance, the act of a
lady soldier named Lyndie England in making Iraqi prisoners in
Abu Ghraib undress and tying them with a leash like dogs31
may not fall under the term "torture,” but these acts are
degrading, inhuman, and a supreme insult to male Muslims.
- The right against torture is non-derogable. States cannot
derogate from it even in times of war or emergency. No torture
is justified, and States may not enter into treaties providing
otherwise, as the right against torture is also considered
5. Right to equal protection
- Article 7 of UDHR provides equal protection of the law without
any discrimination. This is mirrored in Article 26 of ICCPR,
which further provides that “the law shall prohibit any
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
6. Right to effective judicial remedy
7. Right to be presumed innocent
Page 26 of 35
Article 11 of UDHR provides that, “Everyone charged with a
penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has
had all the guarantees necessary for his defence” Article 14 of
ICCPR also contains a similar provision, and adds the
enumeration of rights of an accused:
- This provision is similar to the guarantees under the Bill of
Rights in the Philippine Constitution on presumption of
innocence and procedural due process.34
8. Right against ex post facto law and bill of attainder
- “Nullum crimen, nulla poena sine praevia lege poenali” (No
crime, no punishment without a previous penal law)
- 1) That holds a person liable for an act or omission that was
not punished at the time of commission;
- (2) That imposes a penalty heavier than the one that was
applicable at the time of commission.
- Section 22, Article III of the Philippine Constitution provides
that, uNo ex post facto law or bill of attainder shall be enacted”
9. Right to privacy
10.
Freedom of movement
- Article 13 of the Universal Declaration of Human Rights (UDHR)
provides for the “right to freedom of movement and residence
within the borders of each State. Everyone has the right to
leave any country, including his own, and to return to his
country.” A similar provision is found in Article 12 of ICCPR.
- The freedoms of movement, abode and travel are guaranteed
under the Philippine Bill of Rights, but this guarantee allows of
exceptions: these freedoms may be curtailed or restricted upon
lawful order of the court, or in the interest of national security,
public safety or public health.
11.
Right to seek asylum
- Article 14 of UDHR states that, “Everyone has the right to seek
and enjoy in other countries asylum from persecution. This
right may not be invoked in the case of prosecutions genuinely
arising from non- i political crimes or from acts contrary to the
purposes and principles of the United Nations ”
- The terms “non-refoulement ” “extradition,” and “deportation”
are used when referring to the sending of a person to a country,
f which could be his own or not. Briefly, their distinctions are:
i.
Non-refoulement for political offenders and refugees:
 For political offenses, asylum may validly be sought
in other countries by persons facing political
persecutions in their own country, or by refugees.
The State having the obligation to grant the asylum
cannot return (“refouler”) the asylum-seeker to his
State of origin where he is in peril of persecution,
rejection, torture, or cruel treatment.37
-
Page 27 of 35
In Quebec, Canada, persecuted homosexuals have
been granted asylum even if, strictly speaking, the
persecution is not by reason of any political
ideologies or offenses. A new term has also
emerged by reason of environmental threats to
States and peoples, i.e., the “environmental
refugees.”
Extradition for criminal offenses:
 For criminal offenses,an accused can validly be
returned to the State having criminal jurisdiction
over | the case, through extradition, for criminal
prosecution or sentencing. This may be the subject
of an agreement or treaty between the States
involved. However, extradition cannot be validly
exercised when it is a means to refoule refugees or
persons accused of political offenses.
Deportation for immigration offenses:
 For immigration offenses, an offender may be
validly returned to his State of origin if he is not
authorized to be in the receiving country under its
immigration laws.
 But if the deportation will result in a refoulement
whereby a person will be returned to a State where
he faces persecution or torture, such deportation
would violate International Human Rights Law.
Right to a nationality

ii.
iii.
12.
The Commission on Human Rights
 The Commission on Human Rights (CHR) is an independent National
Human Rights Institution (NHRI) created under the 1987 Philippine
Constitution, established on 05 May 1987 by virtue of Executive Order
No. 163.
 The Commission is mandated to conduct investigations on human
rights violations against marginalized and vulnerable sectors of the
society, involving civil and political rights.
 CHR is an �A� accredited NHRI, fully complying with the Paris
Principles adopted by the United Nations General Assembly in 1995.
As an NHRI, the Commission upholds six fundamental characteristics
� independence, pluralism, broad mandate, transparency,
accessibility, and operational efficiency.
 The Commission commits to deliver prompt, responsive, accessible,
and excellent public ser vice for the protection and promotion of
human rights in accordance with universal human rights principles
and standards.
Page 28 of 35
The Creation of The Human Rights Commission
Salient Features of Executive Order No. 163
Title: Declaring the Effectivity of The Creation of The Commission On
Human Rights as Provided For In The 1987 Constitution, Providing
Guidelines for The Operation Thereof, and for Other Purposes
WHEREAS, the 1987 Constitution has been ratified by the people;
WHEREAS, the 1987 Constitution has created an independent office called
the Commission on Human Rights; and
WHEREAS, there is an urgent necessity to constitute the Commission on
Human Rights to give effect to the State policy that the State values the
dignity of every human person and guarantees full respect for human
rights.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order:
SECTION 1. The Commission on Human Rights as provided for under Article
XIII of the 1987 Constitution is hereby declared to be now in existence.
SECTION 2. (a) The Commission on Human Rights shall be composed of a
Chairman and four Members who must be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years
of age and must not have been candidates for any elective position in the
elections immediately preceding their appointment. However, a majority
thereof shall be members of the Philippine Bar.
(b) The Chairman and the Members of the Commission on Human Rights
shall not, during their tenure, hold any other office or employment. Neither
shall they engage in the practice of any profession or in the active
management or control of any business which in any way be affected by
the functions of their office, nor shall be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by
the government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries.
(c) The Chairman and the Members of the Commission on Human Rights
shall be appointed by the President for a term of seven years without
reappointment.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor.
(d) The Chairman and the Members of the Commission on Human Rights
shall receive the same salary as the Chairman and Members, respectively,
Page 29 of 35
of the Constitutional Commissions, which shall not be decreased during
their term of office.
SECTION 3. The Commission of Human Rights shall have the following
powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite
for contempt for violations thereof in accordance with the Rules of Court.
(3) Provide appropriate legal measures for the protection of human
rights of all persons within the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and legal aid services to the
under-privileged whose human rights have been violated or need
protection;
(4) Exercise visitorial powers over jails, prisons, or detentions
facilities;
(5) Establish a continuing program of research, education, and
information to enhance respect for the primacy of human rights;
(6) Recommend to the Congress effective measures to promote
human rights and to provide for compensation to victims of violations of
human rights, or their families;
(7) Monitor the Philippine Government�s compliance with
international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony
or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it or
under its authority;
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by
law.
SECTION 4. The Presidential Committee on Human Rights, created under
Executive Order No. 8 dated March 18, 1986, as modified, is hereby
abolished. The Commission on Human Rights shall exercise such functions
and powers of the Presidential Committee on Human Rights under
Executive Order No. 8, as modified, which are not inconsistent with the
provisions of the 1987 Constitution.
The unexpended appropriations of the Presidential Committee on Human
Rights are hereby transferred to the Commission on Human Rights. All
properties, records, equipment, buildings, facilities and other assets of the
Presidential Committee on Human Rights shall be transferred to the
Commission on Human Rights.
The Commission on Human Rights may retain such personnel of the
Presidential Committee on Human Rights as may be necessary in the
fulfillment of its powers and functions. Any public officer or employee
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separated from service as a result of the abolition of the Presidential
Committee on Human Rights effected under this Executive Order shall
receive the benefits to which they may be entitled under existing laws, rules
and regulations.
SECTION 5. The approved annual appropriations of the Commission on
Human Rights shall be automatically and regularly released.
SECTION 6. All laws, orders, issuances, rules and regulations or parts
thereof inconsistent with this Executive Order are hereby repealed or
modified accordingly.
SECTION 7. This Executive Order shall take effect immediately.
Done in the City of Manila, this 5th day of May, in the year of Our Lord,
nineteen hundred and eighty-seven.
History of CHR

The CHR was created as a response to the atrocities committed
during Martial Law.
 When the 1987 Philippine Constitution was drafted, Article XIII on
Social Justice and Human Rights clearly defined the creation of the
Commission.
 There is hereby created an independent office called The Commission
on Human Rights (to) investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil and political
rights (Sec. 17-18, Art. XIII, Philippine Constitution)
 The 1987 Philippine Constitution primarily gave CHR the mandate to
protect and promote the rights and dignity of every human being in
the country. The State values the dignity of every human person and
guarantees full respect for human rights. (Sec. 11, Art. II, Philippine
Constitution)
 The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity,
reduce social, economic and political inequalities, and remove cultural
inequalities by equitably diffusing wealth and political power for the
common good. (Sec. 1, Art. XIII, Philippine Constitution)
Vision, Mission, Goal Statement and Mantra of CHR
Vision
-
A just and humane Philippine society of persons equal in
opportunity, living a life of dignity, and forever vigilant against
abuses and oppression
-
As conscience of government and the people, we seek truth in
human rights issues. As beacon of truth, we make people aware
Mission
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of their rights, and guide government and society towards
actions that respect the rights of all, particularly those who
cannot defend themselves � the disadvantaged, marginalized,
and vulnerable.
Goal statement
- To be the prime mover in strengthening respect,
understanding, and practice of human rights as the essential
cornerstone of peace, unity, and nation-building
Mantra
- CHR: Dignity of all
- CHR: In the Service of The Filipino People
- The CHR serves all persons in the Philippines, as well as Filipino
nationals abroad. It provides services to both rights-holders, or
the vulnerable sectors who are the Commission�s primary
clients, as well as to the duty-bearers, or the police, military,
and the other persons in authority.
- Particularly, the CHR prioritizes the following rights-holders:
 Women
 Children
 Youth
 Persons Deprived of Liberty
 Indigenous Peoples
 Workers (Domestic and Migrant Workers)
 Internally Displaced Persons
 Persons Living in Poverty
 Persons with Disabilities
 Senior Citizens
 Persons with Diverse Sexual Orientation, Gender
Identity, and Gender Expression (SOGIE)
 Other marginalized groups
-
The Commission also works to build and strengthen the
capacities of duty-bearers including, but not limited to, frontline
service providers; decision and policy makers; and actors in the
security sector and justice system.
-
It works in partnership with all national government agencies;
independent constitutional commissions; local government
units; government-owned and controlled corporations;
educational institutions; and civil society groups.
-
The CHR engages with the local and international communities
for the protection and promotion of human rights.
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Core Programs
Human Rights Protection Services
- Documentation and management of complaints of human rights violations
- Monitoring of human rights conditions in detention facilities and penal
rehabilitation centers
- Provisions of independent forensics services and medico-legal services in
aid of investigation
Human Rights Promotion Services
- Continuing development of client-based human eights education and
training programs and delivery of client-based education and training
project for priority sectors
- Human rights advocacy campaigns
- Research, documentation, and publications
Human Rights Policy Advisory Services
- Issuance of human rights advisories, position papers, statements, and
comments on existing and proposed pieces of legislation, local ordinances,
and programs, and practices of government bodies
- Formulation of policy guidelines, implementing rules and regulations on
new and/or special human rights laws
- Independent reports on the government’s implementation of Human
Rights treaty provisions
Specialized/Thematic Human Rights Program
- Child Rights Center
- Center for Gender Equality and Women’s Human Rights
- Center for Economic, Social, and Cultural Rights
- Center for Crisis, Conflict, and Humanitarian Protection Cooperation and
Partnership Program
- The Commission seeks to forge partnership and cooperative
arrangements, protection and promotion of human rights.
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false
True
True
False
False
False
False
False
True
False
False
True
True
False
false
1. Our right to believe is absolute, likewiseour right to
according to our belief is not subject to laws and
regulation.
2. Any deprivation of life liberty and property by the State
is with due process if it is done under the authority of
the law that is valid under the Constitution.
3. The National Legislature may delegate the police power
to the President and administrative boards as well as the
lawmaking bodies of municipal corporations or local
government units.
4. A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
prosecutor and directed to a peace officer,
commanding him to search for personal property
described therein and bring it before the court. (should
be a judge)
5. Is the imposition of a Senior Citizen’s Discount an
example of the State’s power of Taxation? (it is the
power of eminent domain)
6. The State has three obligation on Human Rights, that is
to respect, to protect and to give.
7. Section 3 of Bill of rights states that the privacy of
communication and correspondence is inviolable. Is it
an absolute right? (not absolute)
8. The proper exercise of the police power requires the
concurrence of a lawful subject.(and lawful method)
9. Human rights is defined as the Supreme, Inherent and
Inalienable rights to life, to dignity, and to selfdevelopment.
10.
Human rights is capable of being divided.
11.
Eminent domain is a fundamental state power and
it is separable from the State’s sovereignty.
12.
The freedom of contract is necessarily limited by
the exercise of the police power of the State in the
interest of general welfare and especially in view of the
explicit provisions in the Constitution with reference to
the promotion of social justice.
13.
Is the exercise of police power includes the taking
of personal property?
14.
Evidence obtained in violation of the privacy of
communication admissible in any court proceedings.
(inadmissible)
15.
Section 6 of the Bill of Rights states that “Private
property shall not be taken for public use without just
compensation.”
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