HUMAN RIGHTS LAW

Summer AY 2016-2017

Jonar Soto Bueno Sahara Rivera

Adrianne Abadilla Joe Vincent A.

Grisol

Mary Flor Guzman-Cureg Leo M. Katindig

Jepthah G. Mercado Febrie M. San

Diego

Mary Joy O. Gorospe Ryan Leocario

Elizabeth L. Robles Agnes L.

Macalinga

Janzl B. Ong Maylene C.

Tanay

Darlene V. Tiburcio Vincent Steve

P. Badong

Kim Ranielle E. Abis Alecson D. Urfilla

Armando G. Hermogeno Queen B. Ang

Perla Arroyo Neil Patrick S.

Paez

Cloyd T. Pabalay Jeffrey E. Dy

Clarence M. Valenzuela Kristine N.

Navalta

Jaliel Moeen M. Basay Elmer Guevarra

Jayson C. Arguelles Jay L. Gonzales

Jose Marie P. Iporac Kristina M. Isla

Erich Leigh C. Ducta Ernesto C. Alfonso

1
 Submitted in Partial Fulfillment of the Requirements for:

Human Rights Law

Doctor of Jurisprudence Program

College of Law

Polytechnic University of the Philippines

Sta. Mesa, Manila

May 2017

Prosecutor Arthur S. Velasco, LLM, DCL

OUTLINE

General Nature and Definition of Human Rights -----------------------

3

History and Theories ---------------------------------------------------

11

International Human Rights

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Civil, Political Rights

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Economic & Social Rights

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Human Rights of Vunerable Sectors

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Discrimination (Rights of Equality) ----------------------------------------

52

Role of NGOs
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Remedies for enforcements Treaties on Human Rights -------------

64

Writ of Amparo -----------------------------------------------------------

66
 GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

All Persons are born free and equal in dignity and rights without
distinction as to race, color, sex, religion, origin, and social status.

INTRODUCTORY
Man, since the beginning of his life already belongs to a society. The
first society in which he belongs is his family, neighborhood, municipality,
country and the international community.

RIGHTS
The rights he is entitled to are enjoyed without any distinction as to
race, color, sex, language, religion, origin and social status.

VIOLATION OF HUMAN RIGHTS

History has shown that as man started to live in a society, his rights
began to be violated by his own fellowmen.
The States authorities who are supposed to protect his rights are even
his persecutors.
Greeks and Romans, who started the development of Western
Civilization, legalized the institution of slavery, when men and women were
held as chattels and could be disposed of in any manner at the will of their
masters.

DOCTRINES OF MAJOR RELIGIONS IN THE WORLD

 1. CONFUCIANISM
If there is one principle which ought to be acted upon throughout ones life,
surely it is that loving kindness. Do not do unto others what you would not
have them done to you.
2. CHRISTIANITY
In everything, do to others just what you want them to do for you.
passage from Tobit 4:15a, 16a, 18a, 19.
Jesus Christ, the founder of Christianity was himself a victim of human
rights violation.
3. ISLAM
No one of you is a believer until he desires for his brother that which he
desires for himself.

HUMAN RIGHTS DEFINED

United Nations Definition

HUMAN RIGHTS- are generally defined as those rights, which are inherent
in our nature, and without which we cannot live as human beings.
It allows us to develop and use our human qualities, intelligence,
talents and conscience, and to satisfy our spiritual and other needs.
The dignity of man and human life is inviolable.

Philippine Commission on Human Rights

HUMAN RIGHTS- are supreme, inherent and inalienable rights to life,
dignity and self-development. It is the essence of these rights that makes
human.

MANS RESPONSIBILITY IN HUMAN SOCIETY

Responsible to make moral decisions and answer to his own
conscience.

BASIC CHARACTERISTICS OF HUMAN RIGHTS:

INHERENT- they are not granted by authority
FUNDAMENTAL- because without them the life and dignity of man will
be meaningless
INALIENABLE- they cannot be rightfully taken away from a free
individual.
IMPRESCRIPTIBLE- they cannot be lost from long passage of time.
INDIVISIBLE- they cannot be denoed even when other rights have
been enjoyed.
UNIVERSAL- all human beings are the same
INTERDEPENDENT- fulfillment or exercise of one cannot be had
without the realization of the other.
The respect of human rights necessarily includes the realization of
ones dignity.

CLASSIFICATION OF RIGHTS
According to SOURCE:

1. Natural Rights unwritten rights but prevail as norms of the

society since everybody are acknowledging being morally good.
EXAMPLES: Right to life, Right to dignity, Right to Self-development

2. Constitutional Rights rights derived from the Constitution of the

Philippines which cannot be modified or taken away by the
lawmakers.
 EXAMPLE: 1987 Constitution of the Philippines referring to
Article III Bill of Rights

3. Statutory Rights rights promulgated by the lawmaking body,

otherwise known as laws or statutes which may be modified,
abolished, or taken away by the lawmakers.
EXAMPLES: Senior Citizens Act, PWDs Act, Reproductive Health Law

NOTE: Constitutional Rights and Statutory Rights are also referred as Legal
Rights.

According to RECIPIENT:

1. Individual Rights rights being accorded to individuals.

EXAMPLES: Right against Self-incrimination, Rights of the accused,
Freedom of Speech

2. Collective Rights otherwise known as Peoples Rights or

Solidarity Rights because these are enjoyed only in company with
others.
EXAMPLES: Right to Peaceably Assemble, Right to Peace, Right to
Environment

According to ASPECT OF LIFE:

1. Civil Rights these are rights which the law will enforce at the
instance of private individuals for ensuring their individual
happiness and enjoyment within the bounds of law.
EXAMPLES: Rights against Involuntary Servitude, Non-imprisonment for
non-payment of debt or poll tax, Freedom of Expression, or
of the Press, Right to form Associations

2. Political Rights those rights which every individual may

participate in running the affairs of the government.
EXAMPLES: Right to Vote, Right to Information on matters of public
concern, Right to Initiative and Referendum

3. Economic and Social Rights are those which the law confers
upon the people to achieve economic and social development with
respect to well-being of people as well as financial security.
EXAMPLES: Right to Property, Right to Education, Promotion of Social
Justice

NOTE: In the case of CALALANG V. WILLIAMS, Social Justice is "neither

communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces by
the State so that justice in its rational and objectively secular conception
may at least be approximated. Social justice means the promotion of the
welfare of all the people, the adoption by the Government of measures
calculated to insure economic stability of all the competent elements of
society, through the maintenance of a proper economic and social
equilibrium in the interrelations of the members of the community,
constitutionally, through the adoption of measures legally justifiable, or
extra-constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of salus populi
est suprema lex.
 4. Cultural Rights those rights that foster promotion, protection,
and preservation of dynamic evolution of national culture, beliefs,
and traditions. It is based on the Principle of Unity in diversity within
a climate of free artistic and intellectual expression.
EXAMPLE: Rights of Cultural Minorities and their Ancestral Lands/Domain

According to STRUGGLE FOR RECOGNITION:

1. First Generation of Human Rights it covers Civil and Political

Rights which come from 17th and 18th centuries. This consists of
Reformist Theory by Locke and Hobbe associated with the English,
French, and American Revolutions. This is also called as Negative
Rights since there is an abstention in the exercise of freedom and
quest of human dignity.
EXAMPLES: International Convention in Civil and Political Rights
such as the following: CIVIL RIGHTS - Freedom of opinion;
Freedom of expression and press; Personals ownership; The
right to personal security in relation to justice and police; Equality
before the law; and
POLITICAL RIGHTS-Equal access to public; Participation in
elaboration of laws; Citizen control over the administration.

2. Second Generation of Human Rights it covers Economic,

Social, and Cultural Rights under Socialist Tradition,
Revolutionary Struggles, and Welfare Movements. The
second generation of rights, against the first generation of rights
requires institutional support from the state, the first generation
rights can be exercised independently and singular.
EXAMPLES: International Convention in Economic, Social, and
Cultural Rights such as the following: the right to work;
freedom of association; the right to education, learning; and the
right to insurance for sickness, old age and disability (Social
insurance).

3. Third Generation of Human Rights these cannot be exerted

individually, but only by group of people. It requires not only the
need to create an institutional support by the State, but, as in the
case of second generation rights, they need to restrict the first
generation of rights, through a so called Positive Discrimination, in
the sense that these rights , like the rights of any minority, require a
limitation of rights of first generation. It is known as Solidarity
Rights during the 20th century.
EXAMPLES: the right to peace; the right to development; the right to
humanitarian assistance; environmental law; and the right of sexual
minorities, ethnic, religious, linguistic, etc.

4. Fourth Generation of Human Rights so called as Rights of

Future Generations, as well as rights that cannot belong to an
individual or to social groups, including nations since they belong
only to humanity as a whole. The rights of humanity would treat the
common assets of the whole humanity. In the classic way, it is
considered that these are rights related to genetics which can be
classified as belonging to this last generation of rights, but even if
fourth generation in itself is challenged as existence. These are
identified rights that ensure inviolability of individual rights and
unavailability of human body in terms of development of medical
science, of genetics.
EXAMPLES: stipulates the compulsoriness of the international community to
protect the human genome; the right to genetic identity of a person
entitled to the banning of cloning; stipulates the obligation of States
to defend the person and its dignity, regardless of its genetic
characteristics; stipulates limits of intervention on a person's
genetic characteristics, subordinated to medical purposes, that
concern human health; and the respect of humans ego from
conception to real death.

According to DEROGABILITY:
1. Non-derogable or Absolute Rights are those that cannot be
suspended, restricted, or be taken away even in extreme urgency or
if government will invoke National Security.
EXAMPLES: Right not to be deprived of Life, Right of Freedom from Torture,
Right to be recognized as a Person, Right to Freedom of
Thought or Conscience

2. Derogable or Relative Rights are those that can be suspended,

restricted, or be taken away since rights are not absolute depending
on the circumstances which call for the preservation of Social Life.
The imposition of restriction must satisfy the three requisites and
these are as follows: (1) provided by law which is made known to
every citizen; (2) state of emergency which necessitates urgent
preservation of public good, public safety, and public moral; and (3)
does not exceed what is strictly necessary to achieve the purpose.
EXAMPLE: Right to freely move may be limited through imposition of curfew

CATEGORIES OF HUMAN RIGHTS

In 1966, the UN General Assembly produced two treaties that were

meant to be the legally binding version of the Universal Declaration of
Human Rights; unsurprisingly, these were:
the International Covenant on Civil and Political Rights (ICCPR), and
the International Covenant on Economic, Social and Cultural Rights
(ICESCR).

These two treaties are the bedrock of today's human rights system.
Together with the UDHR, they are sometimes referred to as the International
Bill of Rights.
Table 1 below illustrates some ways of thinking about civil and political vs.
economic, social and cultural rights.

Economic, Social and Cultural

Civil and Political Rights
Rights
Negative rights: what the government Positive rights: what the
should not do (e.g. the government government should do for people
must not torture, detain people (e.g. ensure adequate health and
arbitrarily, impede freedom of education services, adequate
expression)* shelter, etc.)
Rights of protection Rights of provision
Ensuring people's liberties Ensuring people's needs are met
"Hard" rights "Soft" rights
Group of right which are supposed to be Protects an individuals right to
immediately guaranteed by access economic, social and
governments, protects the individual cultural aspects of the country.
from the misuse of political power and
recognize every individuals right to
participate in the countrys civil and
political process without discrimination

On a more detailed note, Human Rights can be categorized as follows:

1. Fundamental Freedom in Political Rights
a. Freedom of conscience and religion
b. Freedom of thought, belief, opinion and expression
c. Freedom of the press and communication
d. Freedom of association
e. Freedom of peaceful assembly
f. Rights to privacy, reputation and human dignity
g. Article 19, Civil and Political Rights:

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to
certain restrictions, but these shall only be such as are provided by law and
are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or
of public health or morals.
h. Bill of Rights, Article III, 1987 Philippine Constitution
i. Political prisoners are people arrested because of their opposition towards
the current Aquino government; they are seen as 'enemies of the state'
and are imprisoned upon arrest. As recorded by the Bureau of Jail
Management and Penology (BJMP) and the Bureau of Corrections (BuCor)
in September 2014, 840 political prisoners were held in detention cells
and prisons. To promote human rights, the government has permitted
access to international humanitarian organizations and have granted
pardon, parole, and amnesty programs based on NGOs' lists.

2. Democratic Rights
a. Commonly exercised in a democratic state
b. Right to vote and participate in the electoral process
c. Right to participate in public or governmental affairs
d. Article 2, Civil and Political Rights:

1. Each State Party to the present Covenant undertakes to respect and to

ensure to all individuals within its territory and subject 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 with the provisions
of the present Covenant, to adopt such laws 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:

(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 an 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 legal
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.
e. Article 4 and 5, Civil and Political Rights:

Article 4
1 . In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the present
Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other
obligations under international law and do not involve discrimination solely
on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18

may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United
Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the
same intermediary, on the date on which it terminates such derogation.

Article 5
1. Nothing in the present Covenant may be interpreted as implying for any
State, group or person any right to engage in any activity or perform any act
aimed at the destruction of any of the rights and freedoms recognized herein
or at their limitation to a greater extent than is provided for in the present
Covenant.

2. There shall be no restriction upon or derogation from any of the

fundamental human rights recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regulations or custom on the
pretext that the present Covenant does not recognize such rights or that it
recognizes them to a lesser extent.

f. Romulo Macalintal vs. COMELEC

Facts: Romulo Macalintal, as a lawyer and a taxpayer, questions the validity
of the Overseas Absentee Voting Act of 2003 (R.A. 9189). He challenges
Section 5(d) of Rep. Act No. 9189 allowing the registration of voters who are
immigrants or permanent residents in other countries by their mere act of
executing an affidavit expressing their intention to return to the Philippines,
violate the residency requirement in Section 1 of Article V of the
Constitution.
Ruling: The Supreme Court ruled that there can be no absentee voting if the
absentee voters are required to physically reside in the Philippines within the
period required for non-absentee voters. Further, as understood in election
laws, domicile and resident are interchangeably used. Hence, one is a
resident of his domicile (insofar as election laws is concerned). The domicile
is the place where one has the intention to return to. Thus, an immigrant
who executes an affidavit stating his intent to return to the Philippines is
considered a resident of the Philippines for purposes of being qualified as a
voter (absentee voter to be exact). If the immigrant does not execute the
affidavit then he is not qualified as an absentee voter.

3. Mobility Rights
a. Right to travel and to return to ones country
b. Freedom of movement within the country
c. SHEILA G. DEL ROSARIO, COURT STENOGRAPHER III, RTC, BRANCH
36, SANTIAGO CITY, ISABELA, complainant, vs. MARY ANNE C.
PASCUA, COURT STENOGRAPHER III:

Facts: Mary Anne C. Pascua (respondent), Court Stenographer III of the

Regional Trial Court, Branch 36, Santiago City, Isabela, was charged with
Dishonesty for traveling to Hong Kong during without securing a travel
authority from the Supreme Court and for not stating in her leave application
her foreign travel.

Ruling: Undeniably that the use of leave of absence can be regulated without
impairing the employees right to privacy and to travel. It can only be
impaired upon lawful order of the court and the interest of national security,
public safety, health is at stake and as maybe provided by law. In
promulgation of the Civil Service Commission the Omnibus Rules
Implementing Book V of Executive Order No. 292, of which Rule XVI is the
Omnibus Rules on Leave. Such rules and regulations are adopted to balance
the well-being and benefit of the government employees and the efficiency
and productivity in the government service. Thus, the requirement of
securing approval for any leave of absence is a reasonable and valid
regulation to insure continuity of service in the government. However, once a
leave of absence is approved, any restriction during the approved leave on
the right to travel of the government employee violates his or her
constitutional right to travel.

4. Right to Life, Liberty and Security of the Person

a. Represent the core of fundamental rights which relate to the right to
physical and personal integrity, consistent with human dignity.
b. Right to protection
i. against political and other extrajudicial killings
ii. disappearances of persons
iii. torture and other cruel, inhuman or degrading treatment
or punishment

5. Legal Rights
a. Freedom form arbitrary arrest and detention
b. Protection against unreasonable search and seizure
c. Presumption of innocence
d. Right against self-incrimination

6. Rights of Equality
a. Right against discrimination
b. Protection against discrimination on the grounds of
i. sex,
ii. race,
iii. religion,
iv. ethnic origin,
v. age,
vi. marital status and
vii. political and social condition.
c. LGBT V. COMELEC:
Facts: Ang Ladlad is an organization composed of men and women who
identify themselves as lesbians, gays, bisexuals, or trans-gendered
individuals (LGBTs). Incorporated in 2003, Ang Ladlad first applied for
registration with the COMELEC in 2006. The application for accreditation was
denied on the ground that the organization had no substantial membership
base. The COMELEC reiterated that petitioner does not have a concrete and
genuine national political agenda to benefit the nation and that the petition
was validly dismissed on moral grounds. It also argued for the first time that
the LGBT sector is not among the sectors enumerated by the Constitution
and RA 7941, and that petitioner made untruthful statements in its petition
when it alleged its national existence contrary to actual verification reports
by COMELECs field personnel.

Ruling: 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 discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, color, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. In this context, the principle of non-
discrimination requires that laws of general application relating to elections
be applied equally to all persons, regardless of sexual orientation. Although
sexual orientation is not specifically enumerated as a status or ratio for
discrimination in Article 26 of the ICCPR, the ICCPR Human Rights Committee
has opined that the reference to "sex" in Article 26 should be construed to
include "sexual orientation." Additionally, a variety of United Nations bodies
have declared discrimination on the basis of sexual orientation to be
prohibited under various international agreements.

7. Economic, Social and Cultural Rights

a. Right to social security, social insurance, protection and assistance to the
family
b. Right to an adequate standard of living, adequate food, clothing and
housing
c. Right to physical and mental health
d. Right to be part of the artistic and scientific life of the country

8. Workers Right
a. Right to Association
b. Right to organize unions
c. To bargain collectively
d. Prohibition of forced labor
e. Prohibition of employment of children
f. Guarantee of minimum wages and other support

9. Aboriginal Rights
a. Rights of the indigenous cultural tribes or communities
b. The Indigenous Peoples Rights Act of 1997 recognized and promoted the
rights of Indigenous Cultural Communities/Indigenous Peoples (ICC/IPs)
enumerated within the framework of the Constitution. It committed the
State to recognize and promote the rights of ICCs/IPs to:
i. Protect the rights of ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural well-being and
shall recognize the applicability of customary laws
governing property rights or relations in determining the
ownership and extent of ancestral domain;
 ii. Recognize, respect and protect the rights of ICCs/IPs to
preserve and develop their cultures, traditions and
institutions. It shall consider these rights in the formulation
of national laws and policies;
iii. Guarantee that members of the ICCs/IPs regardless of sex,
shall equally enjoy the full measure of human rights and
freedoms without distinction or discrimination;
iv. Take measures, with the participation of the ICCs/IPs
concerned, to protect their rights and guarantee respect
for their cultural integrity, and to ensure that members of
the ICCs/IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to
other members of the population.
v. It declared that the State recognizes its obligations to
respond to the strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation in the
direction of education, health, as well as other services of
ICCs/IPs, in order to render such services more responsive
to the needs and desires of these communities.

10. Reproductive Rights

a. Right to found a family and bear children
b. Gender sensitivity and the biomedical technology
c. Family planning

11. Protective Rights of Persons in Armed Conflict

a. As provided in the international humanitarian law for the protection of
children, women, and non-combatants during internal armed conflicts
12. Right to Self- determination
a. Asserted by colonial peoples in their struggle for independence
b. Right of people to be free from colonial rule and decide their own destiny

13. Minority Groups

a. Protection of ethnic, linguistic and religious minorities

HISTORY, THEORIES OF SOURCES AND

DEVELOPMENT OF HUMAN RIGHTS

History

Human rights were asserted by the citizens against tyrannical

governments. They arose from the struggle of man against injustices of
despotic rulers.
The struggle for the respect of human rights was originally a domestic
or national issue.
The atrocities committed on masses of people during World War II have
convinced international jurists that the protection of human rights
should be an international concern.
Respect for human rights mainly concerns individuals without
distinction as to nationality or citizenship.
Violations of human rights are offenses without borders.

Theories of Sources of Rights

(1) Religious/Theological Approach
A basis of human rights theory stemming from a law higher than the
state and whose source is the Supreme Being.
Human rights are not concessions granted by human institutions or
states, or any international organization as they are God-given rights.
Central to the doctrines of all religions is the concept of dignity of man
as consequence of human rights.
The divine source gives human beings a high value of worth.
The belief of a universal common creation means a common humanity
and consequently universal, basic and fundamental rights. And since
rights come from a divine source, they are inalienable and cannot be
denied by mortal beings.
Criticism: Some religions impose so many restrictions on individual
freedom; some religions even tolerate slavery, discrimination against
women, and imposition of the death penalty.

(2) Natural Law Theory

Originated from the Stoics and elaborated by Greek philosophers and
later by ancient Roman law jurists.
Perceives that the conduct of men must always conform to the law of
nature.
Natural law embodies those elementary principles of justice which
were right reason, i.e., in accordance with nature, unalterable, eternal.
Philosophers:
Thomas Aquinas considered natural law as the law of right reason in
accordance with the law of God, commonly known as the scholastic
natural law.
Hugo Grotius the natural characteristics of human beings are the
social impulse to live peacefully and in harmony with others whatever
conformed to the nature of men as natural human beings was right
and just; whatever is disturbing to social harmony is wrong and unjust.
John Locke envisioned human beings in a state of nature, where they
enjoyed life, liberty and property which are deemed natural rights.
Became the basis of the natural rights of man against oppressive
rulers.
Nuremberg Trials rationale for finding the Nazis guilty: the crimes
committed were offenses against humanity and there is no need of a
law penalizing the acts.

(3) Historical Theory

Advocates that human rights are not deliberate creation or the
effort of man but they have already existed through the common
consciousness of the people of what is right and just.
Human rights exist through gradual, spontaneous and
evolutionary process without any arbitrary will of any authority.

(4) Functional/Sociological Approach

Human rights exist as a means of social control, to serve the
social interests of society.
Lays emphasis of obtaining a just equilibrium of multifarious
interests among prevailing moral sentiments and the social and
economic conditions of the time and place.
 (5) Positivist Theory/Legal Positivism
All rights and authority come from the state and what officials
have promulgated.
The only law is what is commanded by the sovereign.
The source of human rights is to be found only in the enactment
of a law with sanctions attached.
A right is enjoyed only if it is recognized and protected by
legislation promulgated by the state.

(6) The Marxist Theory

Emphasizes the interest of society over an individual mans
interest.
Individual freedom is recognized only after the interest of
society is served.
Concerned with economic and social rights over civil or political
rights of community.
Referred to as parental with the political body providing the
guidance in value choice. But the true choice is the government
set by the state.

(7) Theory Based on Equality and Respect of Human Dignity

The recognition of individual rights in the enjoyment of the basic
freedoms such as freedom of speech, religion, assembly, fair trial
and access to courts.
Governments must treat all their citizens equally. For this
purpose, the government must intervene in order to advance
general welfare.

(8) Theory Base on Justice

Each person possesses inviolability founded on justice.
The rights secured for justice are not subject to political
bargaining or to social interests.
Each person has equal rights to the whole system of liberties.
There is no justice in a community where there are social and
economic inequalities.
The general conception of justice is one of fairness and those
social primary goods such as opportunity, income and wealth
and self-respect are to be distributed equally.

(9) Theory Based on Dignity of Man/Policy Science Approach

Human rights means sharing values of all identified policies upon
which human rights depend on.
The most important values are respect, power, knowledge,
health, and security.
The ultimate goal of this theory is a world community where
there is democratic sharing and distribution of values.
All available resources are utilized to the maximum and the
protection of human dignity is recognized.

(10) Utilitarian Theory

Seeks to define the notion of rights in terms of tendencies to
promote specified ends such as common good.
 Every human decision was motivated by some calculation of
pleasure and pain. The goal is to promote the greatest happiness
of the greatest number.
Everyone is counted equally, but not treated equally.
Requires the government to maximize the total net sum of
citizens.
An individual cannot be more important than the entire group. A
man cannot simply live alone in disregard of his impulse to
society.
The composite society of which the individual is a unit has on its
own wants, claims and demands. An act is good only when it
takes into consideration the interests of the society and tends to
augment the happiness of the entire community.

Origin of Human Rights in the Philippines

o 1899 Malolos Constitution: contained several provisions on civil and

political rights
o 1902 Philippine Bill of 1902
o 1916 Philippine Autonomy Act of 1916/Jones Law
o 1934 Philippine Independence Act of 1934/Tydings-McDuffee Law
o 1935 First Philippine Constitution: contained Bill of Rights
o 1973 Second Philippine Constitution
o 1983 Present Philippine Constitution

Human Rights in the Global Landscape

o Foundation was laid through the universal declaration of human rights

on December 10, 1948 and strengthened by the international covenant
on civil and political rights in 1966.
o These and other declarations are now known as the International Bill of
Human Rights.

Human Rights in the Philippines

o First cemented by the Malolos Constitution on June 20, 1899

o was solidified in the time of the American occupation but silenced by
the Japanese invasion and martial law in the 70s till 1986
o today, the concept of human rights is enshrined in the Constitution
namely in Sec 11 of Article II, and in Article III as well
o the Constitution also mandated the creation of a Commission on
Human Rights under Sec 1719 of Article XIII

INTERNATIONAL BILL OF HUMAN RIGHTS

Composed of the following:
1. United Nations Declaration of Human Rights
2. International Covenant on Civil and Political Rights
a. Optional Protocol I provides for the jurisdiction of the Human
Rights Committee
b. Optional Protocol II provides for the prohibition on imposition of
death penalty
 3. International Covenant on Economic, Social, and Cultural Rights

Fundamental Objective
Recognition and Respect of Human Rights without distinction as to
Race
Sex
Language
Religion

Human Rights is, in effect:

1. Universal
2. Inherent
3. Equal and
4. Inalienable

Main objective of the UN Charter

To reaffirm faith in fundamental human rights and the dignity and worth of
human person
-Preamble of the UN Charter

Pertinent Provisions of the UN Charter to its Basic Objective

Article 13 - directs the general assembly to initiate studies and make

recommendations

Article 55 - promotion of universal respect for an observance of human

rights and fundamental freedoms

Article 56 - legal obligations of all members to pledge themselves and to

promote cooperation to pursue Article 55 UNC

Article 62 - prevention of discrimination, and protection of the rights of

minorities

Article 76 - encouragement of recognition of the interdependence of the

peoples of the world

Article 69 - basis for advisory services program on human rights

UN Commission on Human Rights

- established by the ECOSOC
- composed of 43 members
- deals with all aspects of human rights issues

The UNCHR investigates all allegations of human rights violations and

coordinates activities relating to human rights through the United Nations
System.

Sub-Commission of experts and Rapporteurs

- elected and empowered to undertake studies and to make

recommendations to prevent discrimination and protect minority rights and
fundamental freedoms
 - deals with special topics (e.g. discrimination in education, religion, and
the administration of justice)

The Universal Declaration of Human Rights (UDHR)

The UDHR is based on the Natural Right Theory which as stated in

Article 1:

All human beings are born free and equal in dignity. They are
endowed with reason and conscience and should act towards one another
with a spirit of brotherhood.

It recognizes the inherent dignity and of the equal and inalienable

rights of all members of the human family is the foundation of freedom,
justice, and peace in the world.

Article I

All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in
a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this
Declaration, 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.

Furthermore, no distinction shall be made on the basis of the political,

jurisdictional or international status of the country or territory to which a
person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.

Article 6
Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national

tribunals for acts violating the fundamental rights granted him by the
constitution or by law.

CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE

PHILIPPINES

Man gets his rights from the Creator. They come to him because of divine
spark in every human being. (Justice William Douglas, US Supreme Court)

Political Rights Defined

They are such rights of the citizens which give them the prower to
participate, directly or indirectly, in the establishment or administration of
the government.

Among these rights are the right to citizenship , the right to suffrage, and the
right to information on matters of public concern.

Civil Rights defined

Are those rights which the law will enforce at the instance of individual for
the purpose of securing to them the enjoyment of their means of happiness.

They include the rights to due process and equal protection of the laws, the
rights against involuntary servitude, and imprisonment for non-payment of
debt or a poll tax, the constitutional rights of the accused, the social and
economic rights, religious freedom, liberty of abode and of changing the
same and the right against impairment of obligation of a contract.

Civil and Political Rights

The Universal Declaration of Human Rights (UDHR, December 10, 1948) was
the first to recognized that all human beings, without any distinction of any
kind, have fundamental rights and freedom that transcend cultures and
tradition. It enumerates the fundamental civil political, and economic-
social-cultural rights that peoples across the world should enjoy. It places the
responsibility of respecting and protecting civil political rights and fulfilling
progressively economic-social-cultural rights in the hands of the member
states. From the UDHR several other covenant and human rights documents
have been produced, among them the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant on Economic, Social and
Cultural Rights (ICESCR), and the convention on the rights of the child. Thus,
the UDHR is generally recognized as the foundation of all international
human rights laws.

In the Philippines by virtue of RA 9021 (April 1, 2003), it declares that

December 4-10 will be the countrys National Human Rights Conciousness
Week. This commemorates the anniversary of the Universal Declaration of
Human Rights.

Right of Self Determination

The International Covenant on Civil and Political Rights starts with the right
of the peoples of self determination. It includes the right to
a. Freely determine their political status
b. Pursue their economic, social and cultural development

The recognition of the right to self determination of all peoples is one of the
major factors that promotes friendly relations among the nations.

In effect the UN General Assembly adopted a resolution granting

independence to colonial countries and peoples and proclaiming the
necessity of ending colonialism in all forms. The subjection of peoples to
alien subjugation, domination and exploitation denies the people their
fundamental human rights

July 4, 1946 the US wirhdraws and granted sovereignty over the

Philippines. But was not altogeher complete as the US military bases were
established in several places on the Philippine territory.

The Constitutions provides a provision to prevent foreign influence to wit:

1. The State shall pursue and independent foreign policy. In its relation
with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and right to self
determination Article II, Sec. 7
2. A provision that reserves to Filipino citizens the exploration,
development and untilization of natural resources. Article XII
3. The marine wealth in the archipelagic waters, territorial sea and
exclusive economic zone is reserved exclusively to Filipino citizens.
Article XII, Par. 2

Right to life, liberty and security

Right to life the most basic human rights from which other rights flow.
These rihts are basic human rights because only through it can a human
being enjoy all other rights.
Under the 1987 Philippine Constitution:
No person shall be deprived of life, liberty or property without due process
of law nor shall any person be denied of the equal protection of the laws
Article III, Sec 1Life begins at conception.

Meaning of Life
Life as protected by due process of law, means something more than mere
animal existence. The prohibition against its deprivation extends to all the
limbs and faculties by which life is enjoyed.

Meaning of Liberty
Liberty, denotes not merely freedom from physical restraint (imprisonment).
It also embraces the right of the man to use his faculties with which he has
been endowed by his creator subject only to the limitation that he does not
violate the law or the rights of others. Liberty is not license or unlimited
freedom to act according to ones will. The very enjoyment of rights
necessarily imposes the observance of duties. Rights and duties are
inseparable. Thus, one may enjoy the liberty of speech, nut he could not use
it to urge the overthrow of the government, or to defame another.

Meaning of Property
Property, as protected by due process of law, may refer to the thing itself or
to the right over a thing. The constitutional provison however, has reference
more to the rights over the thing. It includes the right to own, use, transmit
and even to destroy, subject to the right of the state and of other persons.

Due process of law no exact definition has been given to the expression,
the reason being that the idea expressed therein is applicable under so many
diverse conditions or situations as to make any attempt at precise definition
impossible.

To safely say that any deprivation of life, liberty, or property by the state is
with due process if it is done:
1. Under the authority of the law that is valid (not contrary to the
constitution) or the constitution itself
2. After compliance with fair and reasonable methods of procedure
prescribed by law.

Equal protection of the laws signifies that all persons subject to

legislation should be treated alike, under like circumstances and conditions
both in the privileges conferred and liabilities imposed.

What constitute deprivation?

Death Penalty
No person not even the state authority, has the right to take the life of a
person except in the cases of heinous crimes. The trend in the UN is to
abolish death penalty even for heinous crimes. However, in view of the
enactment of RA 7659 imposing death penalty for particular heinous crimes,
the Philippine Senaete refuse to ratify the protocol.

RA 8177 is the implementing statute for the lethal injection in executing

death sentence.

Euthanasia mercy killing

Another form of deprivation of life is the practice of euthanasia. Euthanasia
means the decision of a person who is terminally ill with little hope of
recovering may give his consent to a phycisian to terminate his life or to
withdraw his life support or medicine. A bill filed in Philippine Congress that
will allow euthanasia and it be perfomed by a relative was opposed by CHR
as it constitutes assistance to the commision of suicide penalized by the RPC.

Legalizing euthanasia will pose danger that close relatives may decide to
terminate the life of the patient for ulterior motives.

Abortion
Abortion whether intentional or unintentional expulsion of the fetus from the
womans womb before the term of its viability is another violation of the right
to life. The State recognizes the sanctity of family life and shall protect and
strengthen the familty as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unbornfrom
conception

Prohibition of slavery and involuntary servitude

Slavery is defined in International conventions as the status or condition of a
person over whom any or all the powers attaching to the right of ownership
are exercised. Slave means the status of a person over whom the right of
ownership is attached. The slave is considered as chattels or object which
can be disposed of at the will of the master.

Exception
Forced and hard labor is not absolutely prohibited it is legally allowed in
countries where imprisonment for hard labor maybe imposed as a
punishment for a crime; fr work as ordered by a competent court or work
required of a detained prosiner upon lawful order of the courtor as a
condition to his release; or service in a military character or national service
exacted in cases of emergencies or calamities or as part of normal civil
obligation.

Article 7 of the ICCPR: Torture, Cruel, Inhuman or Degrading

Treatment and Punishment
Found in Article 7 of the ICCPR:
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
A similar provision is in the Philippine Constitution: Article III Section 12[2]
Complements with the provision in the Convention Against Torture and
Other Cruel or Degrading Treatment or Punishment in which we acceded
in April 30, 1986

Torture
Under Art.1 of the Convention on Torture

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 been committed,
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 persons acting in official
capacity

It does not include pain or suffering arising only from, inherent in or

incidental to lawful sanctions

Other Important Provisions:

Art. 2:
2. No exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal or political in stability or any other public emergency,
may be invoked as justification of torture
3. An order from a superior officer or a public authority may not be invoked
as a justification of torture

RA 9745: Anti-Torture Act of 2009

Defined the Acts of Torture; Treated as an Independent and Separate
Crime
Applications for Writs of Habeas Corpus, Amparo and Habeas Data in
behalf of a victim of torture shall be disposed of speedily and shall be
implemented immediately
Persons who are criminally liable, Penalties, Compensation to Victims

Article 9 of the ICCPR

Outline:
1. Right to Liberty and Security
Prohibition against Arbitrary Arrest or Detention
Prohibition on Deprivation of Liberty and Exceptions
2. Right to be Informed: Charges and Reason of Arrest at the Time of
Arrest
 3. Right to Trial Within a Reasonable Time or to Release

Right to Release subject to Guarantees

4. Right to take Proceedings before a Court in order to decide without
delay whether or not the detention is lawful and if not lawful, order his
release
5. Right to Compensation for Victims of Unlawful Arrest or Detention

Arbitrary Arrest and Detention

Provisions in the Revised Penal Code:
Art. 124: Arbitrary Detention
Art. 125: Delay in the Delivery of Persons to the Proper Judicial
Authority

Detention
The actual confinement of a person in an enclosure, or in any manner
detaining and depraving him of his liberty

Arrest
The taking of a person into custody in order that he may be forthcoming to
answer for the commission of an offense
General Rule: Must be authorized by a judicial officer
Exception: Warrantless Arrest
a. In Flagrante Delicto
b. In Hot Pursuit
c. Escaped Prisoner

Rights of the Arrested or Detained Persons

Found in Article III Section 12 of the Philippine Constitution
1. Right to be Informed
2. Right to Remain Silent
3. Right to Counsel
Found in the Miranda Doctrine (Miranda vs. Arizona 384 US 436 (1960))
Provided in RA 7438

Rights to Bail
Bail
A security filed by an accused for his temporary release

Article 14 of the ICCPR

Outline:
1. Equality before Courts and Tribunals
Right to Fair and Public Trial
Exclusion of the Press and Public during Trial
2. Presumption of Innocence
3. During determination of any criminal charge:
Right to be Informed
Right against Undue Delay

Right to Defend Himself by Person or by Legal Counsel, Right for Legal

Assistance
Right to Confrontation
Right to Interpreter
Right against Self Incrimination
4. In case of Juvenile Persons, the procedure shall be appropriate
5. Right to Appeal Ones Conviction of a Crime
6. Right to Compensation Due to Miscarriage of Justice
7. Right against Double Jeopardy
Right to Fair and Public Trial
Found in Article III Section 14 of the Philippine Constitution
1. Presumption of Innocence
2. Right to be Heard
3. Right to be Informed
4. Right to Speedy, Impartial and Public Trial
5. Right to Confrontation

Article 15 of the ICCPR: Prohibition against Ex Post Facto

Ex Post Facto Law in our jurisdiction: (In Re Kay Villegas Kami)
1. Makes criminal an act done before the passage of the law and which
was innocent when done and punishes an act
2. Aggravates a crime, or makes it greater than it was, when committed
3. Changes the punishment and inflicts a greater punishment than the
law annexed to the crime when committed
4. Alters the legal rules of evidence and authorizes conviction upon less
or different testimony than the law required at the time of the
commission of the offense
5. Assuming to regulate civil rights and remedies only, in effect imposes
penalty or deprivation of a right something which when done was
lawful
6. Deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a former
conviction or acquittal or a proclamation of amnesty

I. RIGHT TO PRIVACY
- Right to privacy, in general, is one of the most basic human rights of an
individual. It includes the rights to be free from intrusion into certain
thoughts and activities which include the constitutional freedom of
unreasonable searches and seizures, and freedom from self-incrimination.

Right to Privacy, defined

- It is the right to be free from unwarranted exploitation of ones person or
from intrusion into ones private activities in such a way as to cause
humiliation to a persons ordinary sensibilities. (Ople vs Torres, G.R. 179376)

Note: Read case of Ople vs Torres

- Simply put, the right to privacy is the right to be let alone. (ibid)

- Although there is no right to privacy that is specifically guaranteed under

the 1987 Philippine Constitution (Constitution), however, such right is
recognized and enshrined through the different and several provisions of the
same, namely:

1. Section 1, Article III Due Process and Equal Protection Clause;

2. Section 2, Article III The right against unreasonable searches and
seizure;
3. Section 3 (1), Article III The privacy of communication and
correspondence;
4. Section 6, Article III The liberty of abode and right to travel;
5. Section 8, Article III The right to form unions and freedom to associate
6. Section 17, Article III The right against self-incrimination

- Pertinently, Article 17, Section 1 of the International Covenant on Civil and

Political Rights (ICCPR) also explicitly declares this right when it states that,
No one shall be subjected to arbitrary or unlawful interference with his
privacy, family home, or correspondence nor to unlawful attacks on his honor
and reputation.

Note: Determine when we ratify this Covenant.

Some cases where the Supreme Court upheld the right to privacy

- In the case of Guanzon vs De Villa, the Supreme Court (SC) prohibits

military and police authorities to conduct area target zoning and saturation
drives in the homes in Metro Manila as they violated the privacy of homes
and persons.

- In the case of Spouses Hing vs Choachuy, the SC stated that the installation
of cameras, however, should not cover places where there is reasonable
expectation of privacy, unless the consent of the individual, whose right
to privacy would be affected was obtained.

- In the case of Vivares vs. St. Theresas College, the SC declared that to
have a reasonable expectation of privacy to Facebook posts, a user must
show intention to keep certain posts private through the use of privacy
tools.

A. Freedom of Movement and Choice of Domicile

- Everyone lawfully within the territory of the State, shall, within the territory,
have the right to liberty of movement and freedom to choose his residence.
He is also free to leave any country, including his own and to return to his
country. This freedom may not be restricted unless necessary to protect
national security, public order, public health or morals. (Article 12, Secs 1-3,
ICCPR)

- The above covenant was affirmed by the Constitution which expressly

states, 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.
(Section 6, Article III)

- The purpose of the Constitutional provision is to further emphasize the

individuals liberty as safeguarded in general terms by the due process
clause.

- Liberty under said clause includes the right to choose ones residence, to
leave it whenever he pleases, and to travel whenever he wills subject to
certain limitations. As to liberty of abode, this can be limited upon lawful
order of the court and as to right to travel it can be limited in the interest
of national security, public safety, or public health as may be provided by
law.

Examples:
a. Persons facing criminal charges or released on bail.
b. A convict sentenced to the penalty of destierro.
c. A lessee may be judicially ejected for violation of his contractual duties.
d. Health officers may restrict access to contaminated areas and also
quarantine those already exposed to the disease sought to be contained.
e. The judge may prevent a person from entering certain premises under
dispute or declares off-limits by the proper authorities.
- In the case of Villavicencio vs. Lukban, the SC nullified the order of the City
Mayor of Manila to transfer seventy (70) women of ill-repute to Davao in a
move to rid the City of serious moral and health problems as violation of
their constitutional right of liberty of abode.

Right to Return
- The right to return to ones country is not among the rights specifically
guaranteed in the Philippine Bill of Rights which treats only of the liberty of
abode and the right to travel. (Marcos vs Manglapus, 177 SCRA 668)

- While the right to return to ones country may be considered as a generally

accepted principle of international law as part of the law of the land under
the Constitution, it is distinct and separate from the right to travel and enjoys
a different protection under the ICCPR. The ICCPR guarantees the right to
travel except in the interest of national security, public safety, and public
health. (ibid)

Note: also cite Caunca vs Salazar

Asylum
- It is the granting of sanctuary by State to persons politically persecuted in
his country.

- The general rule is that asylum is not granted to persons accused of the
commission of ordinary crimes or the desertion from the Army or Navy.

- Under Article 14 of the Universal Declaration on Human Rights, everyone

has the right to seek and enjoy in other countries asylum due to political
persecution by his/her country. This right, however, may not be invoked by
persons who committed non-political crimes.

- There is no particular provision in this matter on the ICCPR as it is not yet

universally recognized. Thus, no state is under obligation to accept any
person seeking asylum as it may adversely affect its friendly relations with
the country allegedly persecuting the refugee.

Note: Read case of Haya de la Torre.

B. Right to Nationality
- Everyone has the right to nationality and no one shall be arbitrarily
deprived of his nationality. (Art. 15, UDHR)

- Article 24 of the ICCPR mentions the right of every child to acquire a

nationality.

- Nationality is the bond that ties individuals with a given state and
identifies them as members of that entity that enables them to claim its
protection.

- Nationality has a broader meaning than citizenship in political law.

Citizenship has a more exclusive scope in that it applies only to certain
members of the state accorded more privileges that the rest of the people
who also owe it allegiance.

- Under international law, a person is entitled to the protection of his rights

by the country of which he is a national.

Is there a person who does not have a nationality?

- Yes. They are called stateless person.

- Stateless person is an individual who is born without any nationality or who

loses his nationality without retaining or acquiring another.

- In such cases, the individual is, from the traditional viewpoint, powerless
to assert any right that otherwise would be available to him under
international law.

How it may happen?

a. When a child is born in a state where only the jus sanguiniprinciple is
recognized to parents whose State of origin observes only the jus soli
principle; or
b. When an individual who after renouncing his original nationality in order
to be naturalized in another state is subsequently denaturalized and is
thereafter denied repatriation by his former country.

- Thus, the Hague Convention of 1930, adopted the following certain rues
calculated to avoid the condition of statelessness:

a. In the case of naturalization. The wife and children retain their existing
nationality if they are not also naturalized and, moreover, the wife will
acquire her husbands new nationality, if permitted, only with her consent.

b. As to adopted child. The adopted childs existing nationality is also not

lost if he does not acquire the adopters nationality.

c. In other cases. Children shall have the nationality of the state of their
birth whenever their parents are: (a) unknown; (b) stateless or of
unknown nationality; or (c) a father who is stateless or of unknown
nationality and a mother who is a national of the state where they are
born.

- Under the Covenant relating to the Status of Stateless Persons adopted in

1954, (state when the RP ratified it) they are entitled to among others, the
right to religion and religious instructions, access to courts, elementary
education, public relief and assistance and rationing products in short supply,
as well as treatment no less favorable than that accorded to aliens generally.

C. Right to Marry and Found a Family

- The right of men and women of marriageable age to marry and found a
family shall be recognized. (Article 23, Section 2, ICCPR)

- The Constitution also recognized the right to marry and found a family
through the following provisions:

The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. xxx (Section
12, Article II)

The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total
development. (Section 1, Article XV)

Marriage, as in inviolable social institution, is the foundation of the family

and shall be protected by the State. (Section 2, Article XV)

Note: Memorize the definition of Marriage as provided under the FC.

- In the Philippines, to protect the integrity of marriage and the family, the
Family Code provides for the requirements of a valid marriage.

D. Right to Own Property

- There is no specific provision in the ICCPR on the right to own a property
although Article 17, Section 1 of the UDHR declared that, Everyone has the
right to own property alone as well as in association with others.

- The importance of this right has been expressed in the Pastoral

Constitution of Church in the Modern World (No. 71, Vatican II
Documents). It is said that property and other forms of private ownership of
external goods contribute to the expression of personalities on an
individuals property and provide man with the opportunity of exercising his
role in society in the economy. Private property or some form of ownership
assures a person a highly necessary sphere for his personal and family
autonomy and ought to be considered as an extension of human freedoms.

- To protect this right, the Constitution expressly states that no person shall
be deprived of his property without due process of law. Neither private
property shall be taken by the government even for public use without
payment of just compensation.

Just compensation it is the just and complete equivalent of the loss which
the owner of the thing expropriated has to suffer by reason of the
expropriation. (Province of Tayabas vs Perez)

Note: Is there a right to own a property for free?

E. Freedom of Thought, Conscience, and Religion
- Religious freedom is a fundamental right which is entitled to the highest
priority and the amplest protection among human rights, for it involves the
relationship of man to his creator.

- These rights are considered as among the basic and inherent human rights.
Thus, Article 18, Section 1 of the ICCPR significantly states:

Everyone shall have the right to freedom of thought, conscience and

religion. This right shall include freedom to have or adopt a religion or belief
of his choice, and freedom, either individually or in community with others
and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.

- To protect said rights, the Constitution provides for the following:

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
and political rights. (Section 5, Article III)

No person shall be detained solely by reason of his political beliefs

and aspirations. (Section 18(1), Article III)

The separation of Church and State shall be inviolable. (Section 6,

Article II)

At the option expressed in writing by the parents or guardian, religion

shall be allowed to be taught to their children or wards in public elementary
and high schools within the regular class hours by instructors designated or
approved by the religious authorities of the religion to which the children or
wards belong, without additional cost to the Government. (Section 3 (3),
Article XIV)

- The above Constitutional provisions guarantees the liberty of the religious

conscience and prohibits any degree of compulsion or burden, whether direct
or indirect, in the practice of ones religion.

- It accords absolute protection to individuals religious convictions and

beliefs and proscribes the government from questioning a persons belief or
imposing penalties or disabilities based solely on those beliefs.

- The freedom of religion has two fold aspects, to wit:

a. Freedom to believe. The absolute freedom which allows individual to

believe or disbelieves as pleases.
b. Freedom to act on ones belief. The freedom which is not absolute as
the exercise thereof is subject to the authority of the state. (Estrada vs
Escritor)

Why? Because the Constitutional provision on religious freedom terminated

disabilities, it did not create new privileges. It gave religious liberty; not civil
immunity. Its essence is freedom from conformity to religious dogma, not
freedoms from conformity to law because of religious dogma. (Gerona vs
Secretary of Education)

II. POLITICAL RIGHTS

- Political rights are the rights to participate directly or indirectly in the
establishment or administration of government. (Article 25, ICCPR)
Note: Just discuss its importance.

A. Freedom of Opinion and Expression

- The right to free expression is the freedom to disseminate ideas and beliefs,
whether competing, conforming or otherwise. (Chavez vs. Gonzales)

- It is the freedom to express to others what one likes or dislikes as it is the

freedom of others to express to one and all what they favor or disfavor. (ibid)

- It is the free expression for the ideas we love, as well as the free expression
for the ideas we hate. (ibid)

- One of the effective means of promoting and protecting political rights is to

guarantee the freedom of an individual to express his opinion or belief. Thus,
Article 19, Section 1 of the ICCPR provides that, Everyone shall have the
right to hold opinions without interference.

- Likewise, the Constitution protect said rights through the following

declarations:

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. (Section 4, Article III)

No person shall be detained solely by reason of his political beliefs

and aspirations. (Section 18(1), Article III)

- Prior censorship of any speech or writing for publication is also a violation of

the freedom of speech or opinion. Thus, the SC in the case of Sanidad vs
COMELEC ruled that the COMELEC order prohibiting radio commentators or
newspaper columnist from commenting on the issues in the plebiscite on the
law establishing the Cordillera Administrative Region was null and void for
curtailing the persons freedom of expression.

- The SC also ruled that the COMELEC cannot prohibit or regulate the posting
on private property of tarpaulins by non-candidates pursuant to their
advocacy on a social issue since the latter are part of the electorate who only
strives to participate in the electoral exercise. (COMELEC vs Diocese of
Bacolod)

Is this freedom absolute?

- No. The freedom of expression and opinion, however, may be subjected to
regulations or limitations as provided by law, if necessary in order to:

maintain respect for the rights and reputation of others; and

for the protection of national security, public order, or public morals.

Right of Access to Information

- There is no express provision on the right of a person to information in the
Covenant on Civil and Political Rights although the UDHR states that
everyone has the right to receive and impart information and ideas through
any media regardless of frontiers.

- Article III, Section 7 of the Constitution recognizes the right of the people to
information. It states:

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 of data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.

Some cases where the Supreme Court discussed the right to of

access to information
- The information to which the public is entitled to are those concerning
matters of public concern, a term which embrace[s] a broad spectrum
of subjects which the public may want to know, either because these directly
affect their lives, or simply because such matters naturally arouse the
interest of an ordinary citizen. In the final analysis, it is for the courts to
determine in a case by case basis whether the matter at issue is of interest
or importance, as it relates to or affects the public. (Gonzales vs. Narvasa,
GR No. 140835)

- In the case of Chavez vs. PCGG, the SC, applying the rule of access to
official documents explained that the prepared compromise agreement
between the heirs of Ferdinand Marcos and PCGG as regards their alleged ill-
gotten wealth should be disclosed to the public as a matter of public concern
including public interest.

- The incorporation of this right in the Constitution is a recognition of the

fundamental role of free exchange of information in a democracy.
There can be no realistic perception by the public of the nations problems,
nor a meaningful democratic decision making if they are denied access to
information of general interest. Information is needed to enable the members
of society to cope with the exigencies of the times. (Baldoza v. Dimaano)
- The purpose of such right is premised in the interest of truth and
fairness, the citizen should not be made to guess only at what is being done
by the public functionaries and to base his views and conclusions on mere
rumors, half-truths, conjectures, and even canards. (Subido vs. Ozaeta)

Is this right absolute?

- No. Like all other rights, the right to access of information is also subject to
certain restrictions, among them are the following:

National security matters and intelligence information;

Trade secrets and bank transaction;
Criminal matters; and
Other confidential information.

Right to Peaceful Assembly for the Redress of Grievances

- Peaceful assembly means the right of citizens to meet peacefully for
consultation in respect to public issues and to petition the government for
redress of grievance.

- Article 21 of the Political Covenant states that, The right of peaceful

assembly shall be recognized. No restrictions may be placed on the exercise
of this right other than those imposed in conformity with the law and which
are necessary in a democratic society in the interests of national security or
public safety, public order, the protection of public health or morals or the
protection of the rights and freedoms of others.

- The right of expression and of opinion can be effectively enjoyed in the

freedom of assembly and of association.

- This right is not absolute and it can be restricted on grounds of national

security, public order, the protection of public health or morals or the
protection of the rights or freedoms of others.

Freedom of Association
- Freedom of Association means the right to form, or be a member of an
association for purposes not contrary.

- The right to form associations is necessary in any democratic state. Political

parties or religious groups like churches or trade unions may be organized.
This right may also be restricted or limited as in the freedom of assembly.

- The right of association includes the rights not to join an association due to
religious belief.

- Article 22, Section 1 of the ICCPR states that, Everyone shall have the right
to freedom of association with others, including the rights to form and join
trade unions for the protection of his interests. (Article 22, Section 1)

- The Constitution also affirms the right of association through the following
provisions:

The right of the people, includingthoseemployed in the public and private

sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged. (Section 8, Article III)

The State shall respect the role of independent peoples organizations to

enable the people to pursue and protect, within the democratic framework,
their legitimate and collective interest and aspirations through peaceful and
lawful means. (Section 15, Article XIII)

The right to self-organization shall not be denied the government

employees. (Section 2(5), Article IX-B)

Right to Participate in Government Affairs and Equal Access to

Public Service
- Article 25 of the ICCPR affirms the right to participate in government affairs
and access to public service. It significantly states:

Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in Article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representative;
(b)To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his
country.

- The Constitution, confirming the importance of these rights, guaranteed,

Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty. (Section
11, Article III)

Suffrage
- The Philippine Constitution restates this right in its provisions on suffrage.
Article V, Section 1 of said Constitution reads:

Suffrage may be exercised by all citizens of the Philippines not

otherwise disqualified by law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at least one year and in the
place wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
- These rights include the right to vote and be voted upon in periodic
elections in order that the will of the people shall be determined, as the basis
of authority of the government.
- It includes periodic genuine elections through an equal and universal
suffrage, and secret balloting in free voting procedures.

ECONOMIC, SOCIAL and CULTURAL Rights

Economic, social and cultural rights are considered as second generation
rights that are indispensable to the well-being of every person in their
society and daily living, it appertains with rights to decent work, adequate
standard of living, housing, food, water and sanitation, and social security
health and education. These rights are essential and play an important role
for ensuring human dignity.

Economic rights are part of a range of legal principles based on the

philosophy of human cultural and social obligations in which economic
equality and freedom are preserved, while Cultural rights are human rights
that aim at assuring the enjoyment of culture and its components in
conditions of equality, human dignity and non-discrimination, and Social right
are those rights arising from the social contract; requires that a government
set up the facility to exercise such right. These rights originate from Socialist
Doctrine that advocates the equitable sharing of economic resources,
services and welfare benefits to all people. They are commonly known as
Social Welfare Rights because the government has positive undertakings or
obligations to ensure the economic well-being of its people. It is also called
Affirmative Rights for there should be a goal or aspirations on the part of the
government to provide the needs of its citizens depending upon its
resources. Therefore, as a positive right, it is the responsibility of the State to
do something to ensure that these rights are not denied to its citizens, but
this does not mean that the State must give away houses and foods
indiscriminately for it will produce disastrous effects, by that the State must
establish programs, enacts laws to spur activities and provide job
opportunities for its citizen.

The Philippines as a member of the United Nations and a State Party to

the International Covenant on Economic, Social and Cultural Rights is oblige
to take steps in promoting higher standard of living, full employment, and
conditions of economic and social progress and development solutions of
international economic, social, health, and related problems, and
international cultural and educational cooperation as provided in Chapter IX
of Article 55 of the Charter of United Nations. To guaranty it, the 1987
Philippine Constitution has several provisions, on the following:

Article XII on the National Economy and Patrimony;

Article XIII on Social Justice and Human Rights, Labor, Agrarian and
Natural Resources Reform, Urban Land Reform and Housing, Health,
and Women; and
Article XIV on Education, Science and Technology, Arts, Culture and
Sports Article XV on the Family.

Under the 1987 Philippine Constitution these rights: rights of all workers to
self-organization, collective bargaining and negotiations, peaceful concerted
activities, right to security of tenure, humane conditions of work and a living
wage, right to agrarian, right natural resources reform and housing, right to
health, and right of working women by providing them safe and healthful
working conditions should be promoted and implemented through social
legislation.

Right to Development is inalienable human rights by virtue of which every

human person and all peoples are entitled in, contribute to, and enjoy
economic, social, cultural and political development, in which all human
rights and fundamental freedoms can be fully realized. The right to
development is for the participation, contribution and enjoyment of
economic, social, civil and political rights by the people. For it is the goal of
the world economies to fulfill these second generation right on the basis of
equitable sharing of resources. It the case of the Philippines, it needs
economic development in the areas of social.
The Philippines as a Sate Party on Covenant on Economic, Social and Cultural
Rights recognizes the right to work which includes the right of everyone to
the opportunity to gain his living by work which he freely chooses or accepts,
and will take appropriate steps to safeguard this right. Right to work includes
the following:

Right to decent living wage;

Decent working conditions;
Freedom of choice of work;
Freedom from discrimination;
Right to form trade unions; and
Right to fair wages, equal pay for equal work and adequate leisure
time.

The right of workers to self organization

The 1987 Constitution guarantees the workers right to self-organization,

collective bargaining and negotiations, as well as peaceful concerted
activities, including the right to strike in accordance with law.

* In line therewith, the Labor Code provides that all private employees
have the right to self-organization and to form, join or assist labor
organizations of their own choosing for purpose of collective
bargaining.

* The right to self-organization is available regardless of whether

the establishment is commercial, industrial, agricultural,
charitable, medical, or an educational institution, and whether
it is operating for profit or not.

* For ambulant, intermittent, and itinerant employees, self-made people,

rural workers, and those without any definite employers, they may
form labor organizations for their mutual aid and protection.
Meanwhile, Government Owned and Controlled Corporation
employees have the right to organize and to bargain collectively with
their respective employers. All other government employees have the
right to form associations for purposes not contrary to law.

* Managerial employees are not eligible to join, assist or form any labor
organization. The reason being is that there is a conflict of interest as
managerial employees represent the employer.

* Supervisory employees are likewise not eligible for membership in any

labor organization. However, they may join, assist, or form separate
labor organizations of their own which must not include rank-and-file
employees.

* As a constitutionally guaranteed right, it is unlawful for any person to

restrain, coerce, discriminate or unduly interfere with employees and
workers in their exercise of the right to self-organization. This right
includes the right to form, join, or assist labor organizations for the
purpose of collective bargaining through representatives of their own
choosing and to engage in lawful concerted activities for the same
purpose for their mutual aid and protection, subject to law.
 * Dismissal of laborers due to their membership in a labor union is illegal
as it constitutes unfair labor practices.

* (Magdalena State Inc. vs Kapisanan ng mgaManggagawa)

Right to work in third world countries

* 700 million people are unemployed.

Source: International Labor Organization (ILO)

* States should focus on employment policy, which means creating

conditions of economic growth to increase levels of employment

Sec.2 Art. 9

SECTION 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life
for all.

Programs for unemployment by DOLE:

http://ro7.dole.gov.ph/default.php?
retsamlakygee=30&resource=769a605b1c9bdda42486ccc264a1817
4

Right to Strike

A strike is a work stoppage caused by employees refusal to work, typically

to protest an employer decision (to close a plant, freeze wages, cut
benefits, impose unpopular work rules, or refuse to improve working
conditions, for example).

The right to strike is protected by the National Labor Relations Act (NLRA),
but not all strikes are legal. Whether a strike is lawful depends on the
purpose of the strike, whether the collective bargaining agreement includes
a no-strike clause, and the conduct of the strikers.

A strike is considered the most effective weapon of labor in protecting the

rights of employees to improve the terms and conditions of their
employment (Bisig ng Manggagawa vs NLRC)

However, it is not absolute. It can be declared illegal if the strikers have not
complied with the requisites of the Labor Code on the cooling off period and
the 7-day strike ban after the strike vote report.

* SECTION 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all.

* It shall guarantee the rights of all workers to self-organization,

collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work, and
a living wage. They shall also participate in policy and decision-making
 processes affecting their rights and benefits as may be provided by
law.

Govt. Workers Have NO RIGHT to STRIKE

Since the terms and conditions of government employment are fixed by law,
government employees cannot use the same mechanisms employed by the
workers in the private sector.

(Social Security System Employees vs CA)

Right to Social Security

Social Security a system provided for the benefit and protection of the
people after retirement, old age and, of survivors.

REPUBLIC ACT NO. 1161

AN ACT TO CREATE A SOCIAL SECURITY SYSTEM PROVIDING SICKNESS,

UNEMPLOYMENT RETIREMENT, DISABILITY AND DEATH BENEFITS FOR
EMPLOYEES.

SSS mandate

To manage a sound and viable social security system which shall promote
social justice and provide meaningful protection to members and their
families against the hazards of disability, sickness, maternity, old age, death
and other contingencies resulting in loss of income or financial burden.

Protection and Assistance to Family

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. (Sec.12 Art.2)

Art. 15 (1987 Constitution)

* SECTION 1. The State recognizes the Filipino family as the foundation

of the nation. Accordingly, it shall strengthen its solidarity and actively
promote its total development.

* SECTION 2. Marriage, as an inviolable social institution, is the

foundation of the family and shall be protected by the State.
The PantawidPamilyang Pilipino Program (4Ps) is a human development
measure of the national government that provides conditional cash grants to
the poorest of the poor, to improve the health, nutrition, and the education
of children aged 0-18.

The Family as a Basic Social Institution

The Supreme Court has emphasized the policy on the protection of the
Family when it ruled that marriage, as a social institution for the foundation
of the Family, is of the utmost importance to civilization and social purposes.
(Jimenez vs Republic)

Religious Education and Instruction

The State gives the right of Parents or guardians the teaching of religion of
their choice to their children.

Sec. 3 (3) Art. 15

At the option expressed in writing by the parents or guardians, religion shall

be allowed to be taught to their children or wards in public elementary and
high schools within the regular class hours by instructors designated or
approved by the religious authorities of the religion to which the children or
wards belong, without additional cost to the Government.

Sec. 12 Art. 2

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.

The right to high standard of Physical and Mental Health

Economic Covenant provides that the States parties must recognize the right
of everyone to the enjoyment of the highest attainable standard of physical
and mental health.
1987 Philippine Constitution:

Art. XIII, sec. 11: The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the underprivileged
sick, elderly, disabled, women and children. The State shall endeavor to
provide free medical care to paupers.

Right to Education and Development of Human Personality

Economic Covenant recognizes the right of everyone to Education. It shall be

directed to the full development of the human personality and the sense of
its dignity, and shall strengthen the respect for human rights and
fundamental freedoms.

1987 Philippine Constitution:

Article XIV, section 1: The State shall protect and promote the right of all
citizens to quality education and at all levels and shall take appropriate steps
to make such education accessible to all.

RA 8190 an act granting priority to residents of the Barangay,

Municipality or City where the school is located in the appointment of
classroom public school teachers.

RA 8525 established the Adopt-a-school-program which will allow

private entities to assist a public school.

RA 4090 providing State scholarships in Science and Art for the poor;
and

RA 6050 providing for free public Secondary Education.

Rights of students and Academic Freedom

The Supreme Court had ruled in the case of Garcia vs The Faculty Admission
Committee, Loyola School of Theology: that the internal conditions for
academic freedom in a university are that the academic staff should have
control of the following functions, namely: (i) the admission and examination
of students; (ii) the curricula for courses of study; (iii) the appointment and
tenure of office of academics staff; and (iv) the allocation of income among
the different category of expenditure.

FACTS: Petitioner Garcia has been barred from being allowed re-admission
into the Loyola School of Theology, which is a seminary for priesthood in
collaboration with Ateneo De Manila University. Petitioner was taking her
studies leading to an M.A in Theology at that time, but was no longer allowed
to enroll in the year 1975. Petitioner contends that the reason behind the
respondents refusal to re-admit her, which was her frequent questions and
difficulties that were slowing down the progress of the class, does not
constitute valid ground for expulsion for they neither present any violation of
any of the schools regulation nor they are indicative of gross misconduct.

Issue: Whether or not the petitioner possess a right to be re-admitted?

Ruling: No, she does not possess a right to be re-admitted, the most she
could claim for is a privilege and not a right. The respondent school has no
duty to admit her for the discretion to accept or reject qualified applicants
still lies on the respondent school.

Participation in Cultural Life and Benefits of Scientific Progress

Economic covenant recognizes the right of everyone to take part in cultural

life; to enjoy the benefits of scientific progress and its applications as well as
the protection of moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.

1987 Philippine Constitution:

Article XIV, section 10: The State shall give priority to research and
development, invention, innovation, and their utilization.

HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS

Elderly Sectors and Persons With Disabilities

I. Introduction

The Universal Declaration of Human Rights pronounces that all human

beings are born free and equal in dignity and rights (Article 1) and that
everyone is entitled to all the rights and freedoms, without distinction of any
kind and status (Article 2). This affirms the inherent rights of every
individual regardless of its age and physical or mental condition. But how are
these factors affects the exercise and enjoyment of rights of every person
making them prone to abuse by others and vulnerable to human rights
violation.

This report aims to look into the situation of vulnerable groups especially of
the elderly sector and those persons with physical and mental disability, to
determine the formulated international policies and instruments and enacted
Philippine laws to extend their rights and to adopt measures to minimize or
reduce the violations of their rights.

II. Vulnerable Sectors

A. Elderly Sector

1. The Elderly, their Situation and Factors Affecting their Vulnerability

As described in RA 9994, Sec.2, elderly are those persons who is sixty (60)
years old or above. They are commonly called senior citizen. In the
Philippines, the aging population is estimated to be about four (4) to five (5)
million. They usually live with their families. In some cases, elders live in
nursing homes. In the Philippines, there are twenty-one nursing homes for
elderly and three of which are run by the government. In extreme cases,
they live in the streets as some are being neglected by their families. Ideally,
elders should be with their families who must primarily consider of their
welfare. But this is not always true since generally the abuses on the elderly
happen in their own homes or communities. These may be related to the
difficulties of caring an old person and the available resources to provide for
their needs.
Socio-economic condition is observed to be a factor that contributes to
violation of the rights those belongs in the elderly sector. As cited in the book
of Human Rights by Coquia, among the elderly, those belonging to poor
families suffer most from human rights violations. An example is those
elderly living in the squatter areas. They are deprived of the right to live as
they failed to meet basic needs such as food and clean water. Their health is
at risk due to unsafe environment.

2. International Instruments/Laws

United Nations Principles on the Elderly was introduced in 1991. Some of the
rationales of this principle were to reaffirm faith in fundamental human rights
of the elderly, to provide opportunities for them to participate in and
contribute to the ongoing activities of society, and to require support for
those providing care to frail older persons. This principles appreciated the
contribution that elderly makes to their societies. As they are the ones who
became experts in their field, they are the perfect persons to transfer this
expertise to the next generation; in sharing the knowledge, providing the
methods to enhance skills and opportunities to develop attitude. Elderly are
still part of the workforce of the society.

The five principles and some of its expectations are as follows:

a. Independence
access to basic needs and health care
opportunity to work or access to other income-generating opportunities
participate in determining withdrawal from the labour force
access to appropriate educational and training programmes
live in safe and adaptable environments
reside at home for as long as possible

b. Participation
remain integrated in society
opportunities for service to the community
form movements or associations of older persons

c. Care
benefit from family and community care and protection
access to health care and maintain optimum level of well-being
access to social and legal services
utilize appropriate levels of institutional care providing protection,
rehabilitation and social and mental stimulation
enjoy human rights and fundamental freedoms when residing in any
shelter, care or treatment facility

d. Self-fulfilment
pursue opportunities for the full development of their potential
access to the educational, cultural, spiritual and recreational resources
of society

e. Dignity
live in dignity and security and be free of exploitation and physical or
mental abuse
treated fairly be valued independently of their economic contribution

3. Local Laws
There are specific provisions found in the 1987 Philippine Constitution that
affect the elderly sector. One is Article XV, Section 4 which states that The
family has the duty to care for its elderly members but the State may also do
so through just programs of social security. Another is Article XIII, Section 11
which provides that The State shall adopt integrated and comprehensive
approach to health development: priority for elderly. These provisions affirm
the primary responsibility of the immediate unit of society where they belong
to protect the welfare of the elders and protect their rights to ensure a
quality life. Provisions also emphasized the role of the State to provide
opportunities for the elderly and support them and their families in creating a
society which is favourable to this vulnerable sector. The Department of
Social Welfare and Development is the agency of the government that is
tasked to provide measures in taking care of the elderly.

Here are the existing laws for elderly enacted in the Philippines: a) RA 7432
or Senior Citizens Act of 1992; b) RA 7876 or Senior Citizens Center Act of
1995; c) RA 9257 or Expanded Senior Citizens Act of 2003; and RA 9994 or
Expanded Senior Citizens Act of 2010.

In 1992, one year after the pronouncement of United Nations Principles on

the Elderly, the first law for the elderly was enacted, Republic Act No. 7432
or the Senior Citizens Act of 1992. The objectives of the law are to motivate
and encourage the senior citizens to contribute to nation building and to
encourage their families and the communities they live with to reaffirm the
valued Filipino tradition of caring for the senior citizens (Sec.1). The law
provides for privileges for the senior citizens such as 20% discount in fare,
hotels and lodging, restaurants and recreation centers and purchase of
medicine; minimum of 20% discount on admission fees in theaters and other
similar places of culture, leisure, and amusement; exemption from the
payment of individual income taxes; exemption form training fees for
socioeconomic programs; free medical and dental services in government
establishment; and continuance of the same benefits and privileges given by
GSIS and SSS (Sec.4). The law also provides for the establishment of Office
for Senior Citizens Affairs (OSCA) in the Office of the Mayor which will be
headed by a Councilor. The office is responsible to plan, implement and
monitor yearly work programs in pursuance of the objectives of the law
(Sec.7). Another salient feature of the law is the assertion of responsibility to
each municipality to ensure that the provisions of this law are implemented
to its fullest (Sec.8).

In 1995, Senior Citizens Center Act became a law which is aligned to Article
XIII, Section 11 of the 1987 Philippine Constitution that gives priority to the
elderly to an integrated and comprehensive approach towards health
development. Some of the salient features are: establishment of a senior
citizens center in every city and municipality, under direct supervision of
DSWD, in collaboration with LGUs. (Sec.4); identification of the needs,
trainings, and opportunities of senior citizens in the cities and municipalities;
and initiation, development and implementation of productive activities and
work schemes for senior citizens (Sec.5).

In 2003, the Senior Citizens Act of 1992 was amended to expand the
privileges to the elderly. It includes the 20% discount on funeral and burial
services, on professional fees of attending doctors, in public railways and
skyways and fare for domestic air and sea travel; free diagnostic and
laboratory fees; and express or priority lanes. The law was further amended
in 2010 providing the following: 20% discount and exemption from VAT on
the sale of particular goods and services, 5% discount relative to the monthly
utilization of water and electricity, free vaccination against influenza virus
and pneumococcal disease for indigent senior citizen patients, and additional
government assistance such as Social Pension and Mandatory PhilHealth
Coverage for indigent.

B. Persons with Disabilities (PWDs)

1. The PWDs, their Situation and Factors Affecting their Vulnerability

According to the Convention on the Rights of Persons With Disabilities, PWDs

are those persons who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with others.
The book of Human Rights by Coquia illustrated some of the violation of
their rights such as a PWD who was advised to undergo a medical procedure
that will incapacitate her to bear a child because she was not fit to have
one and a PWD who experience some weird cult or religious people offering
a pray-over on her, as if she was possessed by demon.

The most common of these PWDs are those with physical impairment. From
the definition of United Nations, Physically Disabled Persons (PDPs) are any
person unable to ensure by himself or herself, wholly or partly, the
necessities of a normal individual and/or social life, as a result of deficiency,
either congenital or not, in his or her physical capabilities. Simply, PDPs are
those persons who are unable to live as normal individuals as a result of
impairment in physical capabilities. Examples are the orthopedically
handicapped, and those persons who have visual or hearing impairment.
Since there is alteration in their physical condition as compare to what is
common in general, they are usually treated differently in society. Like those
elderly in the poor sector, those PDPs from extremely poor sector are
deprived of the basic necessities.

Other PWDs are those with mental impairment. Mentally Disabled Persons
(MDPs) are those persons who are unable to function in daily life as a result
of impairment in their mental capabilities. They suffer from any of the
following mental disorders, namely: severe mental disorders, severe
neurological illness or disorder, mild psychological disturbance/emotional
disorders, and mental retardation. They commonly experienced
discrimination due to the stigma of their situation in the general public.
Unlike the elderly and PDPs, there is no particular law in the country that is
enacted for MDPs. Some of the issues showing violations of their rights are
substandard of facilities for their treatment; arbitrary detention - hospitalized
against their will; physically and sexually abused; treatment procedures
without the consent of the patient; subject to experimentation procedures
without their consent; after confinement, suffer discrimination in
opportunities for employment; if employed, terminated or forced to resign;
and denied access to education.

2. International Instruments/Laws

In 1975, United Nations introduced the Declaration on the Rights of Disabled

Persons. This declaration affirms that PWDs have inherent right to respect for
their human dignity and that the same civil and political rights as other
human beings shall be granted to them without any exception, distinction or
discrimination. The goal of this declaration is to provide measures that will
enable the PDWs to become as self-reliant as possible. Their rights aside
from those inherent rights and civil and political rights include the following:
 right to medical, psychological and functional treatment
right to economic and social security and to a decent level of living
right to live with their families or with foster parents and to participate
in all social, creative or recreational activities
right to be protected against all exploitation, all regulations and all
treatment of a discriminatory, abusive or degrading nature
right to avail themselves of qualified legal aid and legal procedure
applied in judicial proceeding shall take their condition fully into
account
right to have organizations that may be usefully consulted in all
matters regarding the rights of disabled persons
disabled persons, their families and communities shall be fully
informed of their rights

But before the declaration pertaining to persons with disabilities was

introduced by United Nations, the rights for mentally retarded persons were
already introduced in 1971. It states that mentally retarded person has, to
the maximum degree of feasibility, the same rights as other human beings.
Other rights for them are as follows:

right to proper medical care and physical therapy

right to education, training, rehabilitation and guidance
right to economic security and to a decent standard of living
right to live with his own family
right to participate in different forms of community life
right to a qualified guardian
right to protection from exploitation, abuse and degrading treatment
right to due process of law with full recognition being given to his
degree of mental responsibility

The declaration emphasized that whenever it is impossible to exercise all

their rights or it is necessary to restrict, the procedure used must contain
proper legal safeguards against every form of abuse. The procedure must be
based on an evaluation of qualified experts and must be subject to periodic
review and to the right of appeal to higher authorities.

The latest convention held in relation to PWDs was the Convention on the
Rights of Persons With Disabilities in 2008. The objective of this is to
promote, protect and ensure the full and equal enjoyment of all human rights
and fundamental freedoms by all persons with disabilities, and to promote
respect for their inherent dignity. Among the rights are:

equality and non-discrimination

participate in political and public life
work and employment
against exploitation, violence and abuse
respect for privacy
respect for home and family
education
rehabilitation
adequate standard of living and social protection
participate in cultural life, recreation, leisure and sports

3. Local Laws

There are provisions in the 1987 Philippine Constitution that relate to the
rights of PWDs. Some of these are Article V, Section 2 which provides that
the Congress shall design a procedure for disabled persons to vote without
assistance of others, in order to assure secrecy of his ballot and prevent his
will from being tampered with and Article XIII, Section 11 which states that
the State shall adopt integrated and comprehensive approach to health
development: priority for persons with disability. Here are the laws in the
country that are available for PWDs: RA 7277 or Magna Carta of Disabled
Persons of 1991; RA 9442 or Magna Carta for Persons with Disability of 2007;
RA 10070 or Magna Carta for Persons with Disability of 2009; BP 344 or An
Act to Enable the Mobility of Disabled Persons of 1982; and RA 6759 or White
Cane Act of 1989.

In 1991, Magna Carta of Disabled Persons was enacted which aims the
rehabilitation, self-development and self-reliance of persons with disabilities.
The salient features of the law include the following: right to equal
opportunity for employment; reserving 5% of casual or contractual positions
by agencies engaged in social development; giving incentives to employers
who employ PWDs; providing scholarship grants; and encourage TV stations
to provide sign-language subtitles; encourage telephone companies to install
special telephones for hearing-impaired; atleast 20% discount at hotels,
lodging houses, transportation, cinemas, concert halls, carnivals and
restaurants; atleast 20% discount for purchase of medicines, hospitalization
and medical care, and for air and sea travel; and providing for penalties for
violations of provisions. In 2007, the law was amended and named Magna
Carta for Persons with Disability. It provides for additional features such as
express or priority lanes and prohibition of verbal, non-verbal ridicule and
vilification. In 2009, it was amended again and provides for the
establishment of an institutional mechanism to ensure implementation of
programs and services for PWDs in every province, city and municipality -
Persons with Disability Affairs Office (PDAO); and the role of National
Agencies and Local Government Units.

During the time of Pres. Ferdinand Marcos, in 1982, a law for PWDs especially
for PDPs was passed. BP 334 or An Act to Enable the Mobility of Disabled
Persons also known as Accessibility Law required that certain buildings,
institutions, establishments and public utilities to install facilities and other
devices for PWDs. The law was created for the realization of the rights of
disabled persons to participate fully in the social life, for the development of
the societies in which they live, and for the enjoyment of the opportunities
available to other citizens.

Another law for the PDPs specifically for the visually-impaired is Republic Act
No. 6759 or White Cane Act of 1989. The objective of the law is to promote
and protect the physical, moral, and social well-being of all handicapped
persons, especially the blind. The law declared August 1 of each year as
White Cane Safety Day for the purposes of instilling public awareness of
plight of the blind, promoting recognition and acceptance of the "white cane"
as a symbol of the need of the blind for specific assistance, and the
individual's duty to care for and accord due respect of others.

In the Philippines, as of today, no law was passed that particularly addressed

the rights of MDPs but the State still recognized their vulnerability as specific
rules can be found in the Rules of Court that protects their welfare. One of
these is Rule 101 or the Proceedings for Hospitalization of Insane Persons. It
provides the following procedure:

petition may be filed with the Court of First Instance of the province
where the person alleged to be insane is found by the Director of
Health;
 the court shall fix a date for the hearing, and copy of order shall be
served on the person alleged to be insane, and to the one having
charge him, or on such of his relatives residing in the province or city
as the judge may deem proper;
after hearing, the commitment to hospital is applied for the following
reasons:
a) for the public welfare or for the welfare of the insane person; and
b) that his relatives are unable for any reason to take proper
custody and care of him;
to discharge insane person in the hospital, the Director of Health may
file proper petition with the Court of First Instance which ordered the
commitment. The petition may be granted for the following reasons:
a) the person is temporarily or permanently cured
b) may be released without danger.

It cannot be said that the Congress did not recognized the need for having a
law that will particularly protect the rights of MDPs as there were numbers of
draft of bills that was introduced. However, for several reasons, these bills
failed to satisfy the requirements of our lawmakers to approve such.
Hopefully, the long wait of that historical law will end in having the Mental
Health Act of 2017. The bill passed its third reading in the Senate and it was
announced as a priority bill in the House of Representatives. As cited in the
Senate Bill No. 1354, which was submitted by Senators Sotto III, Legarda,
Trillanes IV, Aquino IV, Angara, Hontiveros, and Villanueva, the objectives of
the law are the following: a) strengthen effective leadership and governance
for mental health; b) develop and establish a comprehensive, integrated,
effective, and efficient national mental health care system responsive to the
psychiatric, neurologic, and psychosocial needs of the Filipino people; c)
protect the rights and freedoms of persons with psychiatric, neurologic, and
psychosocial needs; d) strengthen information systems, evidence, and
research for mental health; and integrate strategies promoting mental health
in educational institutions, the workplace, and the communities. The law
provides for the following specific rights for MDPs:

a) freedom from social, economic, and political discrimination and

stigmatization;
b) exercise all their inherent civil, political, economic, social, religious,
educational, and cultural rights respecting individual qualities, abilities,
and diversity of background;
c) receive evidence-based treatment of the same standard and quality;
d) access affordable essential health and social services for the purpose
of achieving the highest attainable standard of mental health;
e) receive mental health services at all levels of the national health care
system;
f) receive comprehensive and coordinated treatment integrating holistic
prevention, promotion, rehabilitation, care and support;
g) receive psychosocial care and clinical treatment in the least restrictive
environment and manner;
h) receive humane treatment free from solitary confinement, torture, and
other forms of cruel, inhumane, harmful or degrading treatment;
i) receive aftercare and rehabilitation within the community whenever
possible, for the purpose of facilitating social reintegration;
j) receive adequate information regarding available multi-disciplinary
mental health services;
k) participate in mental health advocacy, policy planning, legislation,
service provision, monitoring, research and evaluation;
l) confidentiality of all information, communications, and records
regarding the person;
 m) give prior informed consent before receiving treatment or care,
including the right to withdraw such consent;
n) participate in the development and formulation of the psychosocial
care or clinical treatment plan to be implemented;
o) designate or appoint a person of legal age to act as his or her legal
representative in accordance with the law, except in cases of
impairment or temporary loss legal capacity;
p) send or receive uncensored private communication which may include
communication by letter, telephone or electronic mean, and receive
visitors at reasonable times;
q) legal representation, through competent counsel of the persons
choice;
r) access to their clinical records unless, in the opinion of the attending
mental health professional, revealing such information would cause
harm to the persons health or put the safety of others at risk; and
s) information, within twenty-four (24) of admission to a mental health
facility, of the rights enumerated in the law in a form and language
understood by the person.

III. Conclusion

All human beings should have same rights without any distinction. However,
there are people which due to their condition such as being elderly and
disabled became vulnerable and require special protection. Aside from the
inherent rights and civil and political rights that the general people have,
persons belonging to the vulnerable sectors including the elderly and
persons with disabilities have special rights in consideration of their
condition.

The life of people belonging to elderly sectors and persons with disabilities
differs depending on the society where they belong and the resources
available. Their socio-economic status greatly affects the quality of life and
the enjoyment of rights that they are experiencing. Those belonging to the
poor families usually suffer violation of human rights. Discrimination and
wrong perception towards them contributes to the suffering of these persons
including their families.

It is evident that the world is responsive to the needs of these vulnerable

sectors as shown in their effort to formulate international instruments or laws
to serve as a guide to different countries for the protection of their rights.
The country is also receptive in adopting these principles as evidenced by
existing local laws particularly addressing their rights and persistently
formulate laws especially designed for their welfare.

IV. Recommendations

Existing laws for elderly and persons with disabilities should be implemented
and the State should persistently adopt principles that is not only responsive
to their concerns but will also address the complexity of their needs that is
brought by the changes in the society. They should always be integrated in
the society and part of its development.

The role of the families and the community in the promotion of welfare and
protection of rights of these vulnerable sectors should be emphasized. This
prime responsibility should not be taken as a burden but an opportunity to
have a quality life, transforming these vulnerable sectors to a productive
citizens and contributor to the growth of society.
Everyone has a role in protecting the rights of these vulnerable sectors. We
should do our part, not only in educating others to promote awareness of
their rights, in eliminating discrimination and stigma but also in the
observance of these rights and respecting them as an important part of
society.

PRISONERS OR DETAINEES, REFUGEES AND STATELESS PERSONS

I. Introduction

With all the news today, may it be local or international found in our TV
screens being reported or shared and featured in the internet, the world is
greatly known of such fact about the welfare and situation of our fellowmen.

The situation of prisoners in different countries, the status of the refugees

and even those considered as stateless persons are being documented to
promote awareness of such situations around the world. With all the media
around us, we know these facts but do we even know what are their rights
are? Do we even care for them?

II. Vulnerable Sector

A. Prisoners and Detainees

1. Prisoners and Detainees, their Situation and Factors Affecting their

Vulnerability

General State of the Philippine Jails

Philippines has its own correctional system and administered by DOJ,
BuCor, and BJMP of DILG.
Prime factor - Rights inherent in human that without which they cannot
live. By human standards, all accommodations provided for the use of
inmates, particularly sleeping accommodations shall meet all
requirements of health, with due regard to climactic conditions.
As founded by CHR, jails are unlikely to rehabilitate, but certain to
punish. More than 50% of jails should be recondition and restored.

Phil. Penal System consists of 7 national prisons under the Bureau of

Corrections of the DOJ located in:
Muntinlupa (National Bilibid Prison);
Mandaluyong (Correctional Institute for Women);
Palawan (Ihawig);
Occidental Mindoro (Sablayan Penal Farm);
Davao (Davao Prison and Penal Farm);
Zamboanga (San Ramon Penal Colony); and
Leyte (Leyte Regional Prison).

Most Common Problem

1. Insufficiency or lack of food provision due to the delay in release of food
allotment and inadequate or unsanitary food preparation.

2. Shelter/Living space
Defective comfort rooms
Lack of sleep paraphernalia
Undersized cell with poor ventilation
Defective water system
 Lack of potable water
Poor lighting or no lighting facilities.

3. Absence of sufficient medical supplies and laboratory facilities.

Complaints
Denial of the right to counsel and to speedy trial;
Illegal or arbitrary arrest or detention;
Torture;
Maltreatment/physical injuries;
Sexual harassment/ abuse against chastity as deprivations of right to
basic services
Physical abuse system of mayores or gang-lordships

Primordial factors obstructing the efficiency and effectiveness:

The sub-standard equipment and facilities;
Shortage of manpower (expert in dealing with inmates as men in
uniform);
Deficiency in budgetary allocations.

Educational services such as vocational courses and bachelors degree

as well.
Most enjoyed right: right to exercise religious beliefs or practices.

Sub-human conditions of prison

Overcrowded
Lack of medicine
Poorly ventilated cells
Lack of habitable living space
Inadequate provisions of basic necessities
Abuse of authority over prisoners by prison guards;
Extortion and robbery;
Sexual harassment of women detainers;
Involvement in illegal entry of contrabands, deadly weapons and drug
trafficking;
Food pilferage at prison kitchens; and
Inadequate facilities for the separation of minors from adult prisoners.

Rationale of Penitentiary System

The essential aim of the penitentiary system shall be the treatment of
prisoners the primordial aim of which is their reformation and
rehabilitation.
The system should aim to rehabilitate prisoners to enhance their return
to society as law-abiding citizens.

2. International Instruments and Laws

Rights of Prisoners

Art 1o, Covenant on Civil and Political Rights

All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person. An accused person
shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons. Accused juvenile persons shall be separated
from adults and brought as speedily as possible for adjudication.
 The prisoners and detainees have:
the right to be free from personal and physical abuse;
the right to have access to medical and health services, rehabilitation
programs;
right to be visited;
the right to free legal services;
the right to air grievances and complaints through proper authorities;
and
the right to exercise their religious beliefs.

3. Local Laws

Art iii, sec. 19 (2) 1987 Phil. Constitution

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.

B. Refugees

1. Refugees, their Situation and Factors Affecting their Vulnerability

It is a person who, owing to well-founded fear of being persecuted for

reasons of race, religion, nationality, membership of a particular social
group or political opinion, is outside of the country of his nationality,
and is unable to or owing such fear, is unwilling to avail himself of that
protection of the country. Art. 1 Convention on Refugees

A person who is fleeing war or war-related conditions such as famine

and homelessness is also considered a refugee. Art 1

The Convention on Refugees does not apply to a person who

committed a crime against peace, war crime, or a crime against
humanity or, has committed s serious non-political crime outside the
country of his residence (Art 1, Convention)

The refugee enjoys the freedom of religion and religious education of

his children. He has the same treatment accorded to aliens who are
engaged in business, he too can enter into contracts. He has the
freedom to choose residence and move freely within the territory.

2. International Instruments/Laws

Right of Asylum
Everyone has the right to seek and enjoy, in other countries, asylum
from persecution. (Art 14, Universal Declaration of Human Rights)

The right of asylum is not yet universally accepted. Every state has the
right to admit in its territory such person as it pleases.

Usually, asylum is granted to political offenders or political refugees or

stateless persons. A political refugee is defined as an alien who was
forced to leave his country because of political or religious persecution.

Right of Refugees
 Art 17-20, Convention on Refugees

The Convention obliges State Parties to accord refugees all freedoms

accorded to aliens. The refugees enjoy the civil right, economic, social and
cultural rights.

Art. 2, 3, & 4

While the refugee has the right of asylum, he has the duty to the country in
which he finds himself, to comply with its laws and regulations as well as
measures taken for the maintenance of public order.

Art 12

The personal status of a refugee shall be covered by the law of the country
of his domicile or if he has no domicile, the law of the country of his
residence.

Arts 15-18

The refugee shall be accorded freedom of movement, rights of association

and trade unions which are non- political in character, access to courts,
gainful employment, and exercise of profession.

The refugee is accorded freedom of movement and granted identity

papers and travel documents.

The country of refugee shall not expel a refugee except on the grounds
of national security and public order. Arts. 31 &32

Refugees as Victims of Human Rights Violations

A recent UN report states that youngsters are now being deliberately
targeted during armed conflicts.

C. Stateless Persons

1. Stateless Persons, their Situation and Factors Affecting their Vulnerability

A person who is not considered as a national by any state under the

operation of its law. (Art. 1, Convention of Stateless Persons)
Resulted from: dislocations caused by war, revolution or other political
reasons; or from a conflict of the nationality laws; or by act of
denationalization undertaken by governments or by termination of
marriage of women.
The Universal Declaration of Human Rights states that no one shall be
arbitrarily deprived of his nationality nor denied the right to change his
nationality. (Art 14)
The UN adopted the Convention Relating to the Status of Stateless
Persons in 1954 and was ratified by the Philippines in 1955.
1961 Convention on the Reduction of Statelessness was adopted.
Jus soli a child born in a country, whose parents are unknown, is a
national of that country where he was born. Art 14, Convention on the
Conflict of Nationality

2. International Instruments/Laws

Rights of Stateless Persons

 Art 3. Stateless persons shall enjoy all the rights without any
distinction as to race, religion or country of origin.
Art4&5. They shall enjoy the freedom of religion and all the civil and
political rights.
Art 12-16. Their personal status is governed by the country of their
residence. They enjoy rights previously acquired, such as right to
marry, right to own property, right to association, and right to access of
courts.
Art 17-19. Stateless persons also have the right to gainful employment
or self-employment and exercise of profession.
Art 20-24. They can avail welfare benefits such as rationing, housing,
public education, labor and social security.
State Parties may assimilate them into the country by the grant of
naturalization.

III. Conclusion

It is better to have knowledge about the people around than to remain

ignorant forever. We may say that knowing their rights doesnt affect you in
any way. To be a better individual, you have to learn how to sympathize to
the situation of others. What if it happened to you, to your loved ones, to
someone you know? Will you make a blind eye to the situation? There is
nothing wrong to have an idea. It is better to be well-informed than to be an
apathetic person.

We are all the same, but we have different situations to face and problems to
solve. We have to learn and understand these people and why did they
become vulnerable, why are they in that situation, what wrong have they
done and how and we help them.

IV. Recommendations

Learn the rights, even the most basic ones; to be well-informed so that when
you are in that situation or someone needs your help you would know what
to do.

You can also do programs that will promote awareness about these sectors
and even try to help the prisoner, stateless person, and refugees.

The world will become a better place if we help each other to become the
best person they can be.

CHILDREN AND YOUTH SECTOR

I. Introduction

Due to their origin, status and condition, several sectors of society are very
vulnerable to human rights violations. They are the women, children, the
youth, indigenous peoples, the Muslim population, the elderly, persons with
physical and mental disabilities, the prisoners and detainees, internally
displaced persons, migrant workers, urban poor, informal, private and public
workers, rural workers, peasants and fishfolks, househelpers, refugees and
stateless persons.
II. Vulnerable Sectors
A. Children
1. Children, their Situation and Factors Affecting their Vulnerability
Due to age and mental immaturity, the child needs special protection and
care for his full development as a person before, as well as after birth. The
comprehensive rights of a child are enumerated in the Convention on the
Rights of the Child hereinafter referred to as convention adopted in 1989.
The Philippines ratified said Convention on August 31, 1990. A child below
the age of 18 years is considered a child under the Philippine law (RA. No.
6809)

In all matters concerning children, the courts of law or administrative

authorities shall bear in mind that the best interest of the child shall be a
primary consideration.

DOCTRINE OF PARENS PATRIAE: If the parents or guardians fail to provide an

adequate standard of living for the child, the state under the principle of
parens patriae shall assume that responsibility.

NATIONALITY, IDENTITY and PARENTAGE: Every child shall be registered

immediately after birth and shall have the right to a name, nationality and
identity and the right to know and be cared for by his parents.

CHILD ABUSE, MALTREATMENT and ABANDONMENT: The child has the right to
be protected from all forms of physical and/or mental violence, injuries or
abuse, neglect, maltreatment or exploitation including sexual abuse.

STATUTORY RAPE: Rape is committed even if the girl below 12 years old
consented. The law does not consider the consent of the victim voluntary as
the offended party who is under 12 years of age cannot have a will of her
own. When rape is committed against a girl under 12 years of age, force or
intimidation need not be established.

SEXUAL ABUSE and EXPLOITATION: The chld has the right to be protected
from all forms of sexual exploitation. The commerical sexual exploitation of
children is one of the most serious human rights problems in the Phlippines.
ABDUCTION, SALE, TRAFFICKING and ILLICIT TRANSFER of CHILDREN:
Bilateral or multilateral measures among states have become a necessity to
eradicate commercial exploitation of children operated by alien syndicates in
different countries.

CHILDREN IN EMERGENCY SITUATIONS AND RECRUITMENT OF CHILDREN IN

WARFARE: Children shall not be subjected to the attack by any group taking
part in the hostilities. The involvement of children in hostilities subjects them
to physical danger of the fundamental rights.

ADOPTION OF ABANDONED and OPHANED CHILDREN: Adoption has a social

and moral purpose to provide home, care and education for orphaned
children or the financially unfortunate children by persons who can properly
rear and educate them.

CHILDREN IN CONFLICT WITH THE LAW: Children who may have committed
offenses are to be given special treatment.

CHILD LABOR: A child below 15 years of age can be employed only if he

works under the responsibility of his parents or guardian and his work does
not interefere with his schooling

STREET CHILDREN, CHILDREN OF MIGRANT WORKERS, CHILDREN OF

INDIGENOUS TRIBES, AND TRANSNATIONAL CHILDREN, and CHILDREN OF
REFUGEES: There are reported cases of displaced children who are victims of
armed conflicts or natural disasters that migrate to urban centers to escape
from the conflict or for reasons of having no other place to relocate to.

CHILDREN OF FAMILIES WITH HIV: Children are vulnerable victims. They may
be born of an HIV-positive mother or be members of a family with and HIV
patient.

2. International Instruments/Laws:
Article 3, Convention on the child
Article 27, Convention
Art. 34, Convention on the Rights of the Child

3. Local Laws:
Article II. Sec. 12 of the Philippine Constitution
Article III of the Child and Youth Welfare Code
Article XV, Sec. 3(2) of the Philippine Constitution
Article 40 of the Civil Code
Article 256, 257, 258 and 259 of the Revised Penal code
The Child and Youth Welfare Code of the Philippines
The Family Code

B. Youth Sector

1. Youth Sector, their Situation and Factors Affecting their Vulnerability

The youth of the country are usually imbued with idealism and visions for a
change. The youth, usually in school campuses, form militant organizations
to express and pursue their ideas and become restless if changes in social
structures are not achieved according to their demands.

The United Nations General Assembly took cognizance of the situation of the
youth (between 15-24 years of age).

The youth sector has been divided into four (4) groups namely: the in-school
youth, the out-of-school youth, the working youth and the special youth.

RIGHTS OF THE YOUTH: The working youth, usually unskilled are very
vulnerable to human rights abuse by their employers. Usually unaware of
their rights under the Labor Laws, they are taken advantage of by their
employers by requiring them to work in different or hazardous conditions.
Female youth workers are very vulnerable to sexual harassment and
discrimination.

JUVENILE JUSTICE: Child and Youth Welfare code provides that youthful
offenders, when found guilty of committing a crime, are not committed to
prison. The sentence is suspended, bu they are confined in a beneficent
institution for their care, correction and education.

2. Local Laws

Republic Act No. 8044 The Youth in Nation Building Act in 1995
Campus Journalism Act of 1991
Anti-Hazing Law
Republic Act No. 7610
Aricle II, Sec. 13 of the Philippine Constitution

III. Conclusion
Rights of Children and Rights of the youth are considered in the list of the
most vulnerable sectors to protect these individuals right to health,
education, family life, play and recreation, an adequate standard of living
and to be safeguarded from abuse and harm. The best interests of the child
must be a primary consideration in all actions and decisions concerning a
child, and must be used to resolve conflicts between different rights.

In developing countries, like the Philippines, there is still a long way to go in

realizing the rights of the children and youth. Though all the relevant rules
and policies are in place, there is a lack in enforcement initiatives. As
barriers, there are several factors that forbid effective implementation of the
laws. The condition of underprivileged kids and youth is harsh and needs
urgent attention. There is a need to intensify efforts for childrens welfare at
all levels to implement rules and to contribute to a world suitable for
children.

IV. Recommendations

Protect the rights of the children and youth by proper implementation and
enforcement of the existing rights. Non-discrimination which all children have
the same right to develop their potential in all situations and at all times. For
example, every child should have equal access to education regardless of
the childs gender, race, ethnicity, nationality, religion, disability, parentage,
sexual orientation or other status.

Guidance in survival and development underscores the vital importance of

ensuring access to basic services and to equality of opportunity for children
to achieve their full development. Moreover, the voice of the child must be
heard and respected in all matters concerning his or her rights.

I speak not for myself but for those without voice... those who have fought
for their rights... their right to live in peace, their right to be treated with
dignity, their right to equality of opportunity, their right to be educated.
Ms. Malala Yousafzai.

Migrant Workers, Laborers and Household Helpers

I. Introduction

Human rights violations are as old as our history. From ancient Egyptians to
modern America. Human rights violations are everywhere. Many tried to
eliminate this flaw in the society but most have failed. Several sectors are
vulnerable or more prone of abuse than others and these are migrant
workers, laborers, and household helpers.

Based on the 2015 statistics published by the Philippine Statistics Authority

there are almost 2.4 million Filipino migrant workers abroad and 43.3 million
Filipinos employed either in public or private sector. And thousands are
employed as domestic helpers. These vulnerable sectors because of their
rank in our society are more prone to abuse and therefore should be
protected more.

II. Vulnerable Sectors

A. Migrant Workers

1. Migrant Workers, their Situation and Factors Affecting their Vulnerability

Generally known as the Filipinos who seek job opportunities abroad. Under
Article 2 of International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (Convention on Migrant
Workers) defines migrant worker as Persons who are to be engaged, is
engaged or have been engaged in a remunerated activity in a state of which
they are not nationals. Basically they are the workers in a country where they
are not citizens.

However, these migrant workers more likely than not encountered problems
in the foreign country they are working. The main problems they
encountered are discrimination, abuse, may it physical or mental, poor
working conditions, nonpayment of salaries, rape or sexual harassment,
illegal dismissal and poor working conditions to name a few.

They might encounter this condition but many of the migrant workers still
want to work abroad because of the hardship they are facing in their own
home country.

There are so many lists of problems and conditions that migrant workers
might or have encountered but may still want to work abroad. The main
reason why migrant workers still seek jobs abroad even if there are so many
dangers they might or have faced is the lack of job opportunities in their
country. And even if there is job available, the salary is still a factor to
consider because it is so low and is normally not enough to pay the needs of
their family. Cost of education, debts, and other bills to be paid are reasons
why several of our kababayans and other migrant workers work abroad.

2. International Instruments/Laws

The most prominent international law applicable for migrant workers is the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (Convention on Migrant Workers).
This was enacted on 1990 and was ratified by the Philippines on November
15, 1993. The main objective of the law is to give migrant workers the rights
and protection in the country they are working. Under this law several rights
of the migrant workers were recognized among these are:

a. The right of migrant workers and members of their families not to be

subjected to any restrictions to leave their country except as provided
by law as necessary to protect national security, public order or
morals;
b. Right to life;
c. Freedom from slavery or servitude;
d. Freedom from forced or compulsory labor unless pursuant to
punishment by competent court;
e. Right to all civil rights such as freedom of thought, conscience and
religion;
f. Right to a decent living wages;
g. Humane condition of work;
h. Freedom from arbitrary arrest; and
i. Other rights accorded to them.

However, even with so many rights recognized in this law and was later
ratified by our country, this law was not successful in advancing the rights of
the migrant workers. The main reason why it was not successful was because
only 6 out of the 193 member states of United Nations ratified the law
making this states not bounded by the law on migrant workers.
3. Local Laws

In the Philippine setting, a local law was enacted on 1995 to address the
plight of our kababayans abroad. This law is known as An Act to Institute
the Policies of Overseas Employment and Establish a Higher Standard of
Protection and Promotion of the Welfare of Migrant Workers, Their Families
and Overseas Filipinos in Distress and for Other Purposes (RA 8042). This law
was designed to afford full protection to Filipinos working abroad, organized
or unorganized, and promoted full employment and equality of employment
opportunities for all. However, like its international counterpart, this law also
failed to address the problems our migrant workers are facing abroad since it
involved other foreign entities which are beyond the jurisdiction of Philippine
law. The law passed is only applicable in the Philippines being a local law.
Thus, it cannot apply to other countries were migrant workers work.

B. Laborers

1. a. Public Sector Laborers, their Situation and Factors Affecting their

Vulnerability

Public sector laborers are those employed in the government and

government-owned and controlled corporations which terms and conditions
of their employment are provided generally in the Administrative Code and
the particular legislative enactments creating their positions. Per Philippine
Statistics Authority data as of July 2016, laborers in public sector comprise
roughly 3.3 million out of the 41 million of the labor force in the country. This
translates to only 8.1 percent of the labor force. One of the distinctions of
private sector with that of public sector laborers is that the latter are
prohibited from declaring strikes. The main reason for this is that such strikes
will disrupt the operation of the Government and will prejudice the public.

Some Issues in Public Sector Involving Human Rights Problems

Many thought that only private sector laborers are prone or have experience
human rights issues in relation to their work. This connotation is quite
erroneous because like those in private sector, working in public sector also
encounters human rights issues that they have to deal with. It is more
difficult in the public sector address this issues because employment in it are
prescribed and provided by laws. Thus, mere ordinary changes do not suffice.

Some of the issues involving human rights issues associated to public sector
laborers are:

a. Heads of government agencies have resorted to various strategies

which impede the organization of employees unions that advances
employees rights.
b. There is wide latitude of discretion of top management. This over
concentration of powers tends to corrupt those on the top and
c. Human rights violations by government employees are not
adequately addressed, often over looked and tolerated.
d. The management selects the resident Ombudsman which is the top
graft and corrupt buster in the country. There arises a conflict of
interest because they choose the person favorable and leaning to the
management because often than not they are the one complained of.
e. Employees union has no representative in the Public Sector Labor
Management Council.
 f. Policy of privatization which adversely affects the tenure of
employees.
g. The over concentration of power in Local Chief Executive who can
abuse his power.

b. Private Sector Laborers, their Situation and Factors Affecting their

Vulnerability

Private sector laborers are those laborers employed in the private sector
industry. Per data of PSA as of July 2016 shows that 37.6 million of the whole
labor force works in the private sector which translates to staggering 91.9
percent of the whole labor force. Thus because of this sheer number, this
sector of the labor force is seldom to human rights abuses.

Some of the issues involving human rights issues associated to private sector
laborers are:

a. Unrealistic and inappropriate working standards.

b. Policies and laws governing apprenticeship, labor contracts and terms
of employment need to be revised to protect the tenure of laborers.
c. Employment contracts entered by companies are not more than 6
months in order to avoid standard labor benefits of regular
employees.
d. Violation of Child Labor Law. Many children are employed because of
their cheap wages.
e. Non-compliance with safety and health regulations.
f. Anti-union policies.

2. Local Laws

To address these issues, there are some legislative measures enacted to

protect the laborers in private sector and these are:

1. RA 7641, providing retirement pay to qualified laborers.

2. RA 7658, Anti-Child Labor law
3. RA 7700, NLRC Nationalization
4. RA 7730, Strengthening the visitorial and enforcement power of
Secretary of Labor
5. RA 7877, Prohibiting Sexual Harassment.

C. Household Helpers

1. Household Helpers, their Situation and Factors Affecting their Vulnerability

Among the most abused and oppressed individuals in the country are the
household helpers or popularly referred to as the domestic servants. For
several decades, domestic helpers were at the mercy of their employers who
can be terminated any time. They are paid measly amounts or none at all on
the allegation that they are given subsistence and shelter as aid to his or her
family. However, with the enactment of the Labor Code and other statutes
providing for the minimum wages has at least improved the economic status
of house-helpers.

It is defined as Individuals who submit themselves with the direction of their

employers or made to render service to the family for housekeeping chores
and are subject to any hour of the day. Under the Labor Code, house-helper
or domestic servant is defined as any person who renders services in and
about their employers home and which services are usually necessary or
desirable for the maintenance and enjoyment thereof, and ministers
exclusively to the personal comfort and enjoyment of the employers family.

The main reason why many of the Filipinos are employed as household
helpers because of job opportunities are little or none at for those who have
not attended or finished their studies and earned a college degree. Because
of this, they are pushed into the corner of unemployment and no other
choice but to accept job which is only available to them. Poverty, lack of
education, and sometimes as payment for debt or for their education are
some of the reasons why people work as household helper.

2. Local Laws

Rights of Household Helpers

a. Entitled to suitable and sanitary quarters. (Arts 1689-1690 Civil Code);

b. The contract of service shall not last for more than 2 years but may
be renewed for such period. ( Art 1692, CC; Art 142, Labor Code);
c. Maximum of 10 hours work and shall be allowed 4 days leave with
pay. (Art 147, Labor Code);
d. Entitled to minimum wage rates. (Art 1691, Civil Code; Art 146 Labor
Code);
e. Termination of contract is with lawful cause. If unjustly dismissed, he
shall be paid compensation already earned plus 15 days pay. (Art
149, Labor Code); and
f. In case of death of the helper, the head of the family of employer
shall bear the funeral expenses. (Art 1696, Civil Code)

III. Conclusion

Human rights violations are ever present as far as our history goes. From
slavery to discrimination, you name it they have it as the saying goes.
Forward 21st Century, yet human rights atrocity are still prevalent in our
society. The most vulnerable are those on the lower hierarchy of our society
such as in the labor, domestic helper, and migrant worker sectors. Laws were
in enacted to address these issues but still insufficient. Laws alone is not
enough, it is the human attitude that must be change for us to be able to live
in a world were human rights violation is just a history.

IV. Recommendations

My recommendations are:

a. The Philippines may call the attention of the foreign government of its
obligation to comply with international instruments on human rights if
the country is a signatory thereof.
b. The Philippine Government must ensure that there are job
opportunities to every Filipinos and increase the minimum salary in
the country.
c. Government should provide trainings for our workers.
d. Proper implementation of existing laws and more regulation on
employment by employers.
e. Amend the existing laws or enact laws in order to address the human
rights violations.
f. People should change their attitude towards these vulnerable sectors
and avoid human rights violations.
 DISCRIMINATION

Discrimination means the failure to treat everyone alike

according to the standards and rules of action.

There are major areas where the problems of discrimination are so serious
such as race, sex, religion, cultural or ethnic origin, and the economically
disadvantaged. For this reason, various international human rights
instruments have been adopted by the United Nations to combat or at least
reduce discriminatory acts.

Universal Declaration of Human Rights

All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience, and should act towards one another in
a spirit of brotherhood. (Article 1)

Everyone is entitled to all the rights and freedoms without distinction of

any kind such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status. (Article 2)

RACIAL DISCRIMINATION

International Covenant on All Forms of Racial Discrimination

Racial discrimination means any distinction, exclusion, or preference based

on race, color, descent, or origin which has the purpose or effect of nullifying
or impairing the recognition, enjoyment, or exercise, on an equal footing of
human rights and fundamental freedoms in the political, economic, social or
cultural, or any other field of public life. (Article 1)

All state parties are obliged to eliminate racial discrimination in all its forms
and guarantee everyone without distinction as to race, color, or origin in
order to achieve equality before the law. (Article 5)

Racial Discrimination in the United States

For a long period of time, racial discrimination was practiced in the United
States.

In Washington vs. Davis (1978) and Plessy vs. Ferguson (1896), the US
Supreme Court upheld segregation laws citing that there is no discrimination
for separate but equal rights.

The US Supreme Court, in Brown vs. Board of Education (1954), finally ruled
that segregation of children in public schools solely based on race is
unconstitutional.

Racial Discrimination in Africa

APARTHEID was a system of institutionalized racial segregation and
discrimination in South Africa between 1948 and 1991.

The UN General Assembly condemned the practice and in 1973 it adopted

the Convention on the Suppression and Punishment of Apartheid. Sanctions
were imposed on South Africa by the United Nations for Apartheid.

Racial Discrimination in the Philippines

Discrimination as to race does not exist in the Philippines. However, there

are some forms of inequality with respect to ethnic or cultural minorities.

To this end, the Indigenous Peoples Rights Act (R.A. 8371) was enacted. It
provides that the State shall respect, recognize, and protect the rights of
indigenous cultural communities and preserve their culture, traditions, and
institutions.

SEX DISCRIMINATION

What is Sex Discrimination?

A situation in which someone is treated less well because of their sex,

usually when a woman is treated less well than a man

Womens Rights

Countries especially in Asia, Middle East and Africa, women are discriminated
with regards to the exercise of their:

Political Rights
Civil Rights
Social And Economic Rights

The Universal Declaration on Human Rights

All human beings are born free and equal in dignity without distinction as of
race or sex

The Charter of the United Nations itself proclaims gender equality as

fundamental human rights. The equality includes dignity and rights of all
person to their life, liberty and security, rights against servitude, and
prohibition against torture or cruel, inhumane or degrading treatment by
punishment.

However, traditions of discrimination still persists and cultural pressure

remains in many places. Primarily poverty and lack of formal education
among women.

World efforts have been exerted to achieve the equality of women such as:

The world conference in Mexico (1975), Copenhagen (1980), and

Nairobi (1988)
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
Definition: Discrimination Against Women

Any distinction, exclusion or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on the basis of
equality of men and women, of human rights and fundamental freedoms in
political, economic, social, cultural, civil or any other field.
(Article 1, Convention on the Elimination of Forms of Discrimination Against
Women)

Political Rights of Women

The Convention on Political Rights of Women was adopted in 1952 and

entered into force on July 1957. It was ratified by the Philippines on
September 12, 1957

This Convention was intended to equalize the status of men and women in
participatory rights in the government. Women are entitled to vote and be
voted upon for any public office on equal terms with man without any
discrimination.

Implementation of CEDAW in the Philippines

The Philippine Constitution states, that:

The State recognizes the role of women in nation building, and shall ensure
the fundamental equality before the law of women and men (Article II,
Section 14)

The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such
facilities and opportunities that will enhance their welfare and enable them
to realize their full potential in the service of nation. (Article XIII, Section
14)

A. Labor

In complying with these constitutional provisions, the Labor Code now

expressly prohibits discrimination against women and outlaws any
stipulations that deprives them of employment due to marriage.

No employer shall discriminate employment on account of sex which

includes equal remuneration of work of equal value. (Article 135. Labor
Code)

Any stipulation that a woman who gets married shall be deemed resigned or
separated or actually dismissed is un lawful.
(Philippine Telegraph & Telephone Co vs. NLRC)

It is unlawful to discharge a woman on the account of her pregnancy or to

refuse the admission of such woman upon returning to her work for fear that
she may again be pregnant. (Del Monte Philippines vs. Velasco)
A policy of the Philippine Airlines that female flight attendants must be single
and that their employment would be automatically terminated if they get
married is unlawful. (Zialcita vs. PAL)

B. Family Code

The Family Code eliminate some of the discriminatory provisions against

women that are found in Civil Code.

The wife now enjoys joint administration of conjugal

properties.
The selection of conjugal domicile is now joint decision of the
husband and wife.
The distinction between concubinage and adultery as grounds
for legal separation has been eliminated.
Under the Family Code, a single act of sexual infidelity by
either spouses can be a ground for legal separation.
Under the Civil Code, the wife must prove concubinage on the
part of the husband as ground for legal separation.
The wife can exercise her legitimate profession without the
need of securing consent of her husband. The husband may
object to the exercise of profession of the wife only on a valid,
serious and moral grounds.
C. Integration of Women in Nation-Building

Republic Act 7912 or Women in Development and National-Building Act was

passed to promote the integration of Filipino women as full and equal
partners of men in development and nation-building.

This law directs NEDA to provide income and employment opportunities for
women in rural areas as well as enhance the self-reliance of women in
improving their income. NEDA is also tasked to collect sex-disaggregated
data and includes such in its proposal and programs.

Sexual Harassment

The Anti Sexual Harassment Act (R.A. 7877) is a law which declares unlawful
any sexual favor demanded by the employer, teacher, coach, trainor, over
another in a work, training or education or condition hiring employment

Mail Order Brides

The Philippine Congress enacted R.A. 6955 in 1990, declaring unlawful the
practice of matching Filipino women for marriage to foreign nationals on a
mail order basis and other similar practices.

It penalizes the establishment of any business which undertakes to make

such matches; the advertisement, publication, or distribution of any
materials to promote these prohibited acts.

Trafficking of Women and Prostitution

Trafficking of women for prostitution violates the human rights of women.

Other forms of sexual exploitation are:

Pornography
 Bride Trade
Temporary Marriage
Sexual Violence

Prostitution and sexual exploitation degrades the dignity of the personality of

women, making them only mete commodity, or they were only made use for
profit of men

Nationality of Married Women

Due to the varied marriage laws among countries, women in some instances
may lose their nationality by their marriage with aliens.

To protect the women from losing their nationality, the Convention on

Nationality of Women, provides that neither the celebration nor the
dissolution of marriage between one of the nationals and an alien, nor the
change of nationality by the husband during marriage, shall automatically
affect the nationality of the wife.

The 1987 Constitution also states that citizens of the Philippines who marry
aliens shall retain their citizenship unless by the act or omission they are
deemed, under the law, to have renounced it. (Article IV, Section 4)

SEXUAL ORIENTATION DISCRIMINATION

Sexual orientation discrimination means treating someone differently solely

because of his or her real or perceived sexual orientation: lesbian, gay
(homosexual), bisexual, asexual, pansexual, or straight (heterosexual).

As of now there is no standard laws that protects the human rights of the
LGBT community in the Philippines.

LGBT groups continue to face discrimination in the Philippines, and gay rights
are currently a hot topic in the country.

The Philippines is a predominately Catholic country, and even though there

has been an attempt for gay rights in the past, sexual harassment is a major
issue.

LGBT protection against workplace discrimination, or any other form of

discrimination, is being discussed in the Philippines, with the goal of
promoting an honest understanding of what these people face in terms of
work, marriage, adoption and health care.

In the Philippines, same-sex marriage is illegal and therefore same-sex

couples cannot adopt. Over the past few years, new laws were extended to
protect against discrimination, but the struggle for recognition of gay rights
remains.

Hate crimes, particularly against transgender people, are still a large

problem. Likewise, limited employment for people who identify themselves
as LGBT is a major issue. Many members of the LGBT community in the
Philippines feel that their physical and mental development has been
affected through discrimination while in the workplace.
Many members of the LGBT community also feel emotional abuse while
attending school. Some younger members want to get through school
without being noticed, in fear of being discriminated against or physically
attacked.

LGBT members of the Philippines hope for a future with gay-friendly

businesses so that there can be equal opportunity for all. Furthermore, they
hope for more representation in politics, proper training for police officers
and an end to hate crimes toward their community.

International Jurisprudence on LGBT Rights

SCHLUMPF vs. Switzerland (2009)
Respect for private life and freedom from discrimination
E.B. vs. France (2008)

Adoption and parental rights

Obergefell vs. Hodges

Legalization of same-sex marriage in the United States

RELIGIOUS DISCRIMINATION

Religious discrimination is treating a person or group differently because of

what they believe in. Specifically, it is when adherents of different religions
(or denominations) are treated unequally, either before the law or in
institutional settings such as employment or housing.

The Freedom of Religion or Belief and the Free Exercise thereof is one of the
preferred freedoms in human society. It is believed that freedom of thought
includes the freedom of religious beliefs. Understandably, no one is to be
forced to act in a manner contrary to his own beliefs and no discrimination
whatsoever is allowed for religious reasons.

Under international law, Article 18 of the Universal Declaration of Human

Rights provides that:

Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.

Meanwhile, the International Covenant on Civil and Political Rights

reiterated the above cited international declaration, to wit:

Everyone has the right to freedom of thought, conscience and religion, this
right shall include freedom to have or to adopt a religion or belief, or his
choice and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching.

The Declaration On The Elimination Of All Forms Of Intolerance And

Of Discrimination Based On Religion Or Beliefs also provides that
everyone should have the freedom of thought, conscience and religion, that
no one shall be subjected to coercion, which would impair his/her freedom to
have a religion or belief of his/her own choice. However, these rights are not
absolute for they can be subjected to such limitations in order to protect
public safety, order, health, or morals, or the fundamental rights and
freedom of others.

It is also a well-known right that parents shall have the right to organize
family life in accordance with their religion and that every child shall enjoy
the right to have access to religious education.

The above-mentioned declaration on the right of freedom of religion includes

the right to worship, maintain charitable or humanitarian institutions, acquire
materials related to religious rights, issue publications, teach, solicit financial
contributions, train leaders, observe holidays, and communicate with others
regarding religion.

Under Philippine laws, as provided for under theConstitution: No religious

test shall be required for the exercise of civil or political rights. (Article III,
Section 5)

Complimenting the Constitutional provision, the Civil Code provides for a

cause of action to vexing or humiliating another on account of his religious
beliefs, lowly station in life, place of birth, physical defect, or other personal
condition.

There is also a constitutional injunction which provides that, No law

providing for a religious preference as a qualification for holding selective or
appointive office in the government.

Religious Discrimination in Marriage

It is also granted in our laws that, No impediment to marriage on account of

race, color, or religion.

There are several cases regarding the freedom of religion on marriages. One
of which is the that of People Vs. Rosil (56 Phil. 722). In this case, the
Supreme Court held that, Marriages according to the rite of a Muslim
religion or sect in non-Christian provinces are valid and must be respected as
the marriage relations of individuals in advanced communities and adhering
to recognized religion.

Also, in People Vs. Fabillar (68 Phil. 584), it was held that, The Director of
National Library who issues the authority to priests or ministers into the
doctrines of a particular church and withhold the right at his discretion would
be tantamount to discrimination on religious grounds.

Religious Discrimination in Education

Parents may, in the discharge of their duty, under State Compulsory

Education Laws, send their children to religious rather than public schools.
This was pronounced in the case of Pierce vs. Society of Sisters in which a
statute was enacted mandating all elementary students to attend a public
elementary school for uniformity. The parents of the children initiated an
action alleging that the statute is unconstitutional because it is violative of
their religious freedom.

The Vatican II Document on Declaration of Religious Freedom

supports this ruling.

The rights of parents are violated if their children are forced to attend
instructions which are not in agreement with their religious belief.

In a similar case under our jurisprudence, it was held in the case of Ebralinag
Vs. Division Superintendent of Schools (219 SCRA 256) that, A statute
requiring all school pupils, under pain of expulsion, to salute the Philippine
flag, sing the national anthem and recite the patriotic pledge is
unconstitutional on the ground that said law violates the freedom of religion
and is discriminatory against some religious sects.

THE ROLE OF NGOs IN THE RPOMOTION AND PROTECTION OF

HUMAN RIGHTS

From the time the United Nations (UN) promulgated the Universal
Declaration of Human Rights, it is undisputed that human rights non-
governmental organizations has proliferated dramatically and they played
critical role in promoting and protecting human rights.

I. NGO Definition and Pre-UN History

A number of scholars and practitioners agree that the term non-

governmental organization (NGO) my be more readily defined by what it is
not such that an NGO is not a governmental organization. It also depends on
the context. Hence, it is undisputed that a universally agreed definition of
NGOs has proved elusive.

According to the survey conducted by Rudasil, NGO can be defined in the

following manner:

Michael ONeils view of the NGO rests on the organizations orientation

whether it is toward religion, private education and research, health care,
arts and culture, social sciences, advocacy and legal services, international
assistance, foundations and corporate funders, and mutual benefit
organizations.

Gerard Clarke from the University of Wales, Swansea, defined NGOs as

private non profit, professional organizations with a distinctive legal
character, concerned with public welfare goals while Suter defines them as
any organization outside the government, such as the public service and
the defense forces, and business.

Reinalda and Verbeek identify two defining characteristics for the NGO in an
analysis of power relations. They agree with the definition in the Yearbook of
Internanational Organizations that identifies NGOs as organizations which
have not been founded, and are not formally controlled, by national
governments.In going beyond the Yearbooks definition, they maintaint hat
a second characteristic for these organizations is pursuit by private means,
private objectives that are like to have domestic or transnational public
effects.

For purposes of this discussion, let us adopt the following definition:

NGO is a private, independent, non-profit, goal-oriented group not found or
controlled by a government.

By the 1800s, NGOs increasingly lobbied governments, molded public

opinion, and effected change. Early NGOs include:

British and Foreign Anti-Slavery Society (1839)

International Committee of the Red Cross (1863)

International Workers Association (1864)

International Peace Bureau (1892)

Union of International Association (1907)

Federal Council of Churches (1908)

American Jewish Committee (1906)

French-based League for Human Rights (1898)

NGOs continued to flourish through the World Wars and are abundant today,

II. Human Rights NGOs and the UN Systems

Human rights NGOs contributed significantly to the negotiation of the UN

Charter and to virtually all, if not all, the UNs major international human
rights law instruments from the Universal Declaration of Human Rights to
date.

Are there legal bases for the relationship between the United Nations and
NGOs? The answer to the question is in affirmative.

a. Legal bases for NGOs involvement with UN

Article 71 of the UN Charter and various Economic and Social Council

(ECOSOC) resolutions provide the legal bases for the relationship through
which NGOs receive UN consultative status and formally provide technical
analysis and expertise to various UN bodies. It marked the first time that the
term non-governmental organization was referred to in a UN document,
provides for international and national organization consultative
arrangements, with priority on international groups.

As early as 1948, the ECOSOC granted NGOs consultative status and spelled
out the first set of rules governing this relationship in resolution 288 b (X) of
1950. The General Assembly (GA) reviewed these rules, and through GA
resolution 1296 of 1968, the GA established criteria for NGO participation
and provided for the UN to appoint NGO liaison officers. As domestic and
international human rights NGOs proliferated from the 1950s to the 1990s
and significantly contributed to the UNs work, the UN expressly invited
national, sub-regional, regional and international NGOs to participate.

In 1996, the ECOSOC adopted Resolultion 1966/31 to update that

relationship and permitted national and regional NGOs to be accredited if
their aims and purposes are in conformity with the spirit, purposes and
principles of the UN Charter Resolution 31 of 1996 establishes three (3)
categories of consultative arrangements for NGOs:

1. General consultative status for large international NGOs whose

area of work covers most issue on the ECOSOC agenda;

2. Special consultative status for NGOs that have special

competence in a few fields of the ECOSOC activity and that are
known within the fields in which they have or seek consultative
status; and

3. Roster inclusion, for NGOs whose competence enables them to

make occasional and useful contributions to the work of the UN
and that shall be available for consultation upon request.

The resolution also formulated guidelines for written statements, oral

statements and meeting attendance.

The 1993 Vienna Declaration and Program of Action provides further

authority for NGOs to participate in UN affairs, proclaiming that NGOs
should be free to carry out their human rights activities, without
interference, the framework of national law and the Universal Declaration of
Human Rights (UDHR). The Vienna Declaration confirmed the promotion
and protection of human rights as a matter of priority for the international
community and called on States and international organizations to create
favorable conditions at the national, regional and international levels to
ensure the full and effective enjoyment of human rights. The Vienna
Declaration also recognized the important role of non-governmental
organizations in the promotion of all human rights at national, regional, and
international levels and to the protection of all human rights and
fundamental freedoms.

b. The UN Duty to Consult NGOs

The UN, other inter-governmental bodies, and national governments

facilitate NGO participation in those bodies deliberations, negotiations, and
decision-making. An emerging body of literature debates whether
governments, inter-governmental organizations, and national governments
have a duty to consult with NGOs, or whether these consultation are only
permissive.

To answer the question, let us go back to the two principal traditional sources
of international lave: treaties and customary international law. Is there a
treaty specifically addressing the issue whether the duty to consult is a rule
of international law? There is none. Thus, we turn to the next source.
Customary international law refers to international obligations arising from
established state practice, as opposed to obligations arising from formal
written international treaties. Customary international law can be
established by showing: (1) state practice and (2) opinion juris of the belief
that a certain form of behavior is obligatory.

These two elements exist, proving that they duty to consult is a binding norm
of customary international law. The state practice prong is easily satisfied.
The state practice prong for the duty to consult is bolstered by treaty
language that requires NGO consultation, such as provisions that NGOs shall
be admitted, which is a mandatory language and not permissive.

Consulting with NGOs is widespread and continues to expand, even in bodies

that had appeared to be off-limits for NGOs, such as the UN Security
Council, the FAO, Human Rights Council, and among others.

c. NGOs participating in UN Conference

Since the 1945 San Francisco conference, in which NGOs played a major role
in influencing world powers in shaping the UN, NGOs have continued to play
a major rorle in UN conferences and have made substantial contributions to
the work of the UN in many areas, including but not limited to the initiation,
drafting, appreciation of various issues such as development, peace,
nutrition, health, rights of women and children, international crimes, racism
and race discrimination, global finance, and human settlements all of which
directly or indirectly concern international human rights issues. Also, in the
promotion and protection of human and their rights.

It was through NGOs efforts and influence that an expression of the re-
affirmation of the peoples of the world faith in the fundamental rights and
dignity and worth of every human person in the Preamble of the UN Charter
was formulated.

Also, through express treaty language, NGOs are permitted to participate by

allowing them to submit shadow reports that are alternative to and that
counter states own reports. They are permitted to make oral presentations
to UN treaty bodies about human rights violations in different countries.
These NGOs shadow bodies about human rights violations in different
countries. Therese NGO shadow reports provide positive impact in the work
of the treaty bodies and are use by government representatives as reference
in posing questions to or raising issues with other government
representatives who appear for treaty body hearings. Sometimes treaty body
members raise these issues during the formal, on-the-record hearings, and
other times they may raise the issues informally with government
representatives outside of meetings. At times, the treaty bodies incorporate
into their concluding observations recommendations raised by NGOs in the
NGO shadow reports. NGOs are a valuable resource for information for UN
treaty bodies.

III. NGOs as Ombudsmen

NGOs, as independent bodies have more freedom to criticize the
government. Hence, they have crucial role in the promotion and protection of
human rights. They work at the international and national levels where they
function as official ombudsmen safeguarding human rights by:

Calling the attention of the government on violations of the same

Calling their government if it does not comply with their

obligations with international human rights law instruments and
norms.

IV. Monitoring of Government compliance with Human Rights

Instruments

NGOs are quite effective in monitoring how the states are complying or not
complying with the human rights mandates incorporated into the treaties.

Notable work of the NGOs includes:

Documentation, investigation, exposure, and denunciation of

human rights violations

Facilitate states treaty compliance by urging states to include

the citizenry in the compliance process.

Encourage states to disseminate copies of the relevant human

rights treaties, to disseminate draft government periodic reports,
to hold wide consultative sessions, to permit NGO and other
feedback, to fund NGO participation at treaty body hearings, and
to disseminate widely any treaty bodys concluding observations.

Encourage states to withdraw any treaty reservations and to

submit overdue periodic reports.

Urge states to encourage other states similarly to comply with

treaty substantive and other rules

Conduct fact-finding missions in places where there are massive

human rights violation in order to obtain first-hand information

Publication of reports documenting human rights situations in most countries

NGOs in the Philippines

Some international non-governmental organizations on human rights have their national

sections in many countries. There are more than thirty (30) NGOs on human rights in the
Philippines, collaborating with the Commission on Human Rights and other relevant government
agencies, actively working for the promotion and protection of human rights. A partial list of the
NGOs contributing to the promotion and protection of human rights in the Philippines are the
following:

1. Stop Trafficking of Filipinos (STOP)

2. Christian Childrens Fund (CCF)
3. National Council of Churches in the Philippines (NCCP)
 4. Philippine Alliance of Human Rights Advocates (PAHRA)
5. Samahan ng mga Ex-Detainees Laban sa Detensyon at Para sa Amnestiya (SELDA)
6. Kapisanan Para sa Pagpapalaya ay Amnestiya ng mga Bilanggong Pulutikal sa
Pilipinas (KAPATIG)
7. Commission on Womens Political Rights (GABRIELA)
8. Medical Action Group (MAG)
9. Task Force Detainees of the Philippines (TFDP)
10. Integrated Bar of the Philippines (IBP)
11. Ecumenical Commission for Displaced Families and Communities (ECDFC)

12. Ecumenical Movement for Justice and Peace (EMJP)

13. Coalition for Peace
14. Families of Victims of Involuntary Disappearance (FIND)
15. Asian Women Human Rights Council (AWHRC)
16. Trade Union Congress of the Philippines (TUCP)
17. Labor Advisory and Consultative Council (LACC)
18. Salinlahi
19. Human Rights Watch
20. Philippine Migrant Workers Watch (PMWW)
21. Amnesty International
22. Center for Protection of Childrens Rights (CPCR)
23. Kapisanan ng mga Kamag-anak ng Migranteng Manggagawang Pilipino, INC.
(KAKAMMPI)
24. Free Legal Assistance Group (FLAG)
25. Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI)
26. Women Lawyers Association of the Philippines (WLAPI)
27. Women Lawyers Circle (WILOCI)
28. Justice, Peace and Integrity of Creation Commission (JPICC)
29. League of Filipino Students (LFS)
30. Kasama sa Kalikasan (Friends of the Earth)
31. International Commission of Jurists (Philippine Section)

The Complaint Procedure

The overall reference for this procedure of the Human Rights Council is the
Universal Declaration on Human Rights, adopted and proclaimed by the
General Assembly of the United Nations on 10 December 1948.

Implementation of the Procedure

The complaint procedure, also known as procedure 1503, is a universal

mechanism bearing the number of the resolution by the former UN
Commission on Human Rights which established it. The procedure is
confidential and examines the human rights situation within a State. The
Council therefore does not decide on individual cases. The individuals or
NGOs who file a complaint will not be informed about the steps taken.
Generally, they receive, as the only answer, a letter confirming the reception
of the complaint. Anonymous complaints are not accepted.

The complaint procedure allows an examination of such complaints which

reveal the existence of a consistent pattern of gross and reliably attested
violations of human rights and fundamental freedoms. Once the Council
received several individual cases which form a consistent pattern of gross
systematic human rights violations which are reliably proved, it can decide to
examine the situation of the human rights in the country concerned.
The complaint must comprise:

The name of the author of the complaint, i.e. the name of the person(s)
or organization(s) who file(s) the complaint. The claimant has to
precise it clearly, if he or she wishes the case to be treated
anonymously. However, despite all the precautions taken by the United
Nations, a State can still ascertain the claimants identity (due to the
facts mentioned in the complaint or by other means).
The complaint must expose the existence of a consistent pattern of
gross and reliably attested violations of human rights and fundamental
freedoms.
A description of the facts, comprising: the identification of the victims
and suspects of the violation, accompanied by a detailed description of
the events when the violation took place. This description must reveal
the existence of a consistent pattern of violations.
Apparent evidence, such as written declarations on the facts by the
victims, their families or witnesses of the violation, or a medical report
indicating the consequences of the violation. The evidence can be
included in the complaint itself or attached to it.
The complaint must indicate the rights which have been violated. It
must clearly indicate the Article(s) of the Universal Declaration on
Human Rights which the claimant considers to be violated.
It must further indicate the purpose of the complaint, i.e. the reason for
which it was filed. This purpose could be for example the wish for an
intervention of the United Nations to terminate the violation.
The complaint should demonstrate the exhaustion of all available
remedies within the country.

REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS

TREATIES AND LAWS

I. Every Right Has A Remedy

Art. 8 of the Universal Declaration of Human Rights states that: Everyone

has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental right granted him by the constitution or by
law. Rights and remedies are inseparable. For rights to be fully enjoyed and
for rights to be amply protected from harm, injury and assault, originating
from State and non-Sate actors, remedies must be in place and readily
available anytime and anywhere. Furthermore, Art. 2 Sec 3, International
Covenant on Civil and Political Rights provides that: State parties shall
ensure that any person whose rights or freedoms as herein recognized are
violate shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity, and to ensure that
any person claiming such remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy.

II. What are the remedies available to the individual whose human rights
have been violated? How are such remedies enforced?
The remedies for the enforcement of human rights may be through national
and domestic agencies, international bodies and tribunals.

National or Domestic Remedies

The remedies under the national or domestic agencies are: (1) Civil remedies
wherein human rights victim can file a civil action for damages in the
appropriate trial court under Art. 32 of the NCC, (2) Criminal remedies
wherein the human rights victim can file a criminal complaint directly with
the public prosecutor for the human rights violation punishable under the
Revised Penal Code, and (3) Administrative remedies pursuant to the Revised
Administrative Code of 1987 which states that the heads of the bureaus or
office has the authority to discipline his employees in line with Sections 30
and 36 of Chapter 6, Book IV, Revised Administrative Code of 1987.

International Remedies

On the other hand, the remedies under the international bodies and tribunals
may be sourced from the following: (1) Optional Protocol to International
Covenant on Civil and Political Rights wherein an individual whose rights
have been violated may lodge a complaint against the government of the
State party that violated the human rights, (2) Convention on the Elimination
of All Forms of Racial Discrimination wherein an individual or groups of
individuals may file a complaint with the Committee on the Elimination of
Racial Discrimination, (3) Convention Against Torture, and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and (4) the 1503 Procedure
pursuant to Resolution 1503 adopted by the ECOSOC which provides for a
confidential complaints procedure in order to deal with communications
indicating a consistent pattern of gross and reliably attended violations of
human rights and fundamental freedom.

UN Recommendations Not Legally Binding

Despite the availability of the foregoing remedies, the UN decision or

recommendation is not legally binding against the offending State. The
reports have only persuasive effect. It is the offending state discretion to
comply with the covenants or conventions violated and may take some
measures to compensate the victims who suffered from the violations.

III. International Bodies and Tribunals

The International Criminal Tribunal

The UN Security Council initially established the International Criminal

Tribunal to try persons responsible for gross violations of the international
humanitarian law in for the alleged genocide committed in the former State
of Yugoslavia.

The International Criminal Court

On the other hand, to deal with gross violations of human rights, the
international communities had finally established the international court
which has jurisdiction over persons who have committed the most heinous
crimes of international concern such as: (1) the crimes of genocide, (2) war
crimes, (3) crimes against humanity, and (4) crimes of aggression. The state
party may refer to the independent prosecutor the commission of the crime
within the jurisdiction of the Court for an investigation. The prosecutor shall
then determine whether individuals should be charged with the commission
of the crime. The prosecutor shall also submit to the Pre-trial Chamber a
request for authorization of an investigation, together with any material
evidence collected. After the preliminary investigation, the prosecutor shall
conclude whether or not there is reasonable basis to conduct further
investigation and he shall inform those who provided the information. The
admissibility of the case or the jurisdiction of the Court may be challenged by
any person. The Court has the jurisdiction to try and determine the criminal
responsibilities of any individual including military commanders of any of the
crimes of genocide, crimes against humanity, war crimes, and the crimes of
aggression as defined in the Statute of the Court.

IV. Genocide

Any of the following acts committed with intent to destroy, in whole or in

part, a national, ethnical, racial or religious groups constitute the crime of
genocide such as: (a) Killing members of the group; (b) Causing serious
bodily or mental harm to members of the group; (c) Deliberately inflicting on
the group conditions of life calculated to bring about its physical destruction
in whole or in part; (d) Imposing measures intended to prevent births within
groups; and, (e) Forcibly transferring children of the group to another group.

V. Crimes Against Humanity

It refers to any of the following acts when committed as part of a widespread

or systematic attack directed against civilian population with knowledge of
the attack, such as: (a) Murder; (b) Extermination; (c) Enslavement; (d)
Deportation or forcible transfer of population; (e) Imprisonment or other
severe deprivation of physical liberty in violation of fundamental rules of
international law; and (f) Torture.

VI. War Crimes

It constitutes, among others, grave breaches of the Geneva Conventions and

other serious violation of laws and customs applicable in international armed
conflict, such as: (a) Wilful killing; (b) Torture or inhuman treatment, including
biological experiments; (c) Wilfully causing great suffering or serious injury to
body or health; (d) Extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly, and
(e) Taking of hostages.

WRIT OF AMPARO

The Writ of Amparo Typical in Many Latin American Countries

The provision of the writ was originally provided in the Constitution of

Yucatan in 1841 and the Mexican Constitution of 1857.

Amparo taken from the Spanish word amparar which literally means to
protect and shelter.
Petition for a Writ of Amparo

It is a remedy available to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission or a
public official or employee, or of a private individual or entity. This covers
extralegal killings and enforced disappearances or threats thereof.

A petition for a writ of Amparo may be filed either in the Regional Trial Court
of the place where the threat, act or omission was committed or any of its
elements occurred, or with the Sandiganbayan, the Court of Appeals, the
Supreme Court, or any justice of such courts.

The writ shall be enforceable anywhere in the Philippines.

When issued by the RTC or any judge thereof, the writ shall be returnable
before such court or judge. When issued by the Sandiganbayan or the Court
of Appeals or any of their justices, it may be returnable before such court or
any justice thereof, or to any Regional Trial Court of the place where the
threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be

returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to any
Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.

WHO MAY FILE THE PETITION

The petition may be filed by the aggrieved party or by any qualified person
or entity in the following order:
a. Any member of the immediate family, namely: the spouse, children
and parents of the aggrieved party;
b. Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or
c. Any concerned citizen, organization, association or institution, if there
is no known member of the immediate family or relative of the
aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other
authorized parties to file similar petitions. Likewise, the filing of the petition
by an authorized party on behalf of the aggrieved party suspends the right of
all others, observing the order established herein.

No docket fees required for filing the petition.

ESSENTIAL CONTENTS OF THE PETITION

To justify the issuance of the writ, the petitioner must allege:
a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the respondent responsible
for the threat, act or omission, or if the name is unknown or uncertain,
the respondent may be described by an assumed appellation;
c. The right to life, liberty an security of the aggrieved party violated or
threatened with violation by an unlawful act or omission of the
respondent, and how such threat or violation is committed with the
attendant circumstances detailed in supporting affidavits;
d. The investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or
 individuals, as well as the manner and conduct of the investigation,
together with any report;
e. The actions and recourses taken by the petitioner to determine the
fate or whereabouts of the aggrieved party and the identity of the
person responsible for the threat, act or omission; and,
f. The relief prayed for.

*the petition may include a general prayer for other just and equitable
reliefs.

A Clerk of Court who refuses to issue the writ after its allowance, or a
deputized person who refuses to serve the same, shall be punished by the
court, justice or judge for contempt without prejudice to other disciplinary
actions.

The writ shall be served upon the respondent by a judicial officer or by a

person deputized by the court, justice or judge who shall retain a copy on
which to make a return of service. In case the writ cannot be served
personally on the respondent, the rules on substituted service shall apply.

What should the court, justice or judge do immediately upon the

filing of the petition?
Upon the filing of the petition, the court, justice or judge shall IMMEDIATELY
order the issuance of the writ if on its face it ought to issue.
1) The clerk of court shall issue the writ under the seal of the court, or
2) in case of urgent necessity, the justice or the judge may issue the writ
under his or her own hand, and may deputize any officer or person to
serve it. (Sec. 6, Amparo Rule)

What shall the verified written return contain?

The verified written return of the respondent/s shall:
1) have the supporting affidavits of the respondent/s and their witnesses,
and
2) shall also contain the following:
(a) The lawful defenses to show that the respondent did not violate or
threaten with violation the right to life, liberty and security of the
aggrieved party, through any act or omission;
(b)The steps or actions taken by the respondent to determine the fate
or whereabouts of the aggrieved party and the person or persons
responsible for the threat, act or omission;
(c) All relevant information in the possession of the respondent
pertaining to the threat, act or omission against the aggrieved
party; and state the actions that have been or will be taken:
(i) to verify the identity of the aggrieved party
(ii) to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which
may aid in the prosecution of the person or persons
responsible;
(iii) to identify witnesses and obtain statements from them
concerning the death or disappearance;

(iv) to determine the cause, manner, location and time of

death or disappearance as well as any pattern or practice
that may have brought about the death or disappearance;
(v) to identify and apprehend the person or persons involved
in the death or disappearance; and
(vi) to bring the suspected offenders before a competent court.
The return shall also state other matters relevant to the investigation, its
resolution and the prosecution of the case. (Sec. 9, Amparo Rule)

In the return of the respondent/s can it allege a general denial of

the allegations of the petition?

A general denial IS NOT ALLOWED. (Sec. 9, Amparo Rule)

Can the respondent/s subsequently amend the return to add other

defenses?
No. All defenses shall be raised in the return, otherwise, they shall be
deemed WAIVED. (Sec. 10, Amparo Rule)

Can the respondent/s file a Motion for Extension of Time to File

Return, or a Motion to Dismiss the petition, etc., instead of filing a
return?
NO.
The following pleading and motions are prohibited and cannot be filed:
(a) Motion to dismiss
(b)Motion for extension of time to file return, opposition, affidavit, position
paper and other pleadings;
(c) Dilatory motion to postponement;
(d)Motion for bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third party complaint;
(g)Reply;
(h)Motion to declare the respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim reliefs; and
(l) Petition for certiorari, mandamus or prohibition against any
interlocutory order. (Sec. 11, Amparo Rule)

Where shall the return of the writ be submitted?

a) When issued by the RTC or any judge thereof, the writ shall be
returnable before such court or judge;
b) When issued by the Sandiganbayan or the Court of Appeals or any of
their justices, the writ shall be returnable:
1. before such court;
2. or any justice thereof, or
3. to any RTC of the place where the threat, act or omission was
committed or any of its elements occurred;
c ) When issued by the Supreme Court or any of its justices, the writ shall
be returnable:
1. before the Supreme Court,
2. Any justice of the Supreme Court, or
3. With the Sandiganbayan, or
4. The Court of Appeals, or
5. to any RTC of the place where the threat, act or omission was
committed or any of its elements occurred; (Sec. 3, Amparo
Rule)

What happens if the respondent/s fail to submit a return?

a) The amparo court, justice or judge shall proceed to hear the petition ex
parte. (Sec. 12, Amparo Rule)
Ex parte with only one side represented.
 b) The respondent/s who refuses to make a return, or who makes a false
return, shall be punished for contempt. The person held in contempt
may be imprisoned or imposed a fine. (Sec. 16, Amparo Rule)

What kind of a hearing shall be held on the petition?

The hearing shall be SUMMARY. (Sec. 13, Amparo Rule) Under the 1991
Revised Rule on Summary Procedure, which is what is most probably
envisioned by the rule on amparo, or at least something similar or analogous
thereto, the following is what usually transpires:
a) A preliminary conference is held.
Under the rule on amparo, the court, justice or judge may also call a
PRELIMINARY CONFERENCE in order to simplify the issues and
determine the possibility of obtaining stipulations and admissions from
the parties.
b) Thereafter the parties are ordered to submit the affidavits of witnesses
and other evidence on the factual issues defined therein, together with
a brief statement of their positions setting forth the law and the facts
relied upon by them.
c) The amparo rule already requires that supporting affidavits be
attached to the petition. This may be without prejudice to the filing of
additional affidavits at the discretion of the amparo court.
d) Should the court find, upon a consideration of the pleadings, the
affidavits and other evidence, and position statements submitted by
the parties, that a judgment may be rendered thereon without need of
a formal hearing, it may proceed to render judgment not later than
fifteen (15) days from the submission of the position statements of the
parties.

Under the amparo rule however, the amparo court is mandated to decide the
case within TEN (10) days from the time the case is submitted for decision.

In cases where the judge deems it necessary to hold a hearing to clarify

specific factual matters before rendering judgment, he shall set the case for
hearing for the purpose. At such hearing, witnesses whose affidavits were
previously submitted may be asked clarificatory questions by the proponent
and by the court and may be cross-examined by the adverse party.

(Note that under the amparo rule the hearing must initially be held not less
than SEVEN (7) days from the date of the issuance of the writ.) (Sec. 6,
Amparo Rule)

The order setting the case for hearing shall specify the witnesses who will be
called to testify, and the matters on which their examination will deal.

How often shall hearings be held on the petition?

DAILY.
The hearing shall be from day to day until completed.
It is given the same priority as petitions for habeas corpus.
What are the interim or preliminary reliefs that may be granted to the
petitioner upon the filing of the petition and prior to final judgment?
The following reliefs may be granted upon the filing of the petition or at
anytime before final judgment:
a. Temporary Protection Order (TPO)
b. Inspection Order (IO)
c. Production Order (PO)
d. Witness Protection Order (WPO)

(a) Temporary Protection Order

The court, justice or judge, upon motion or motu proprio, may order that the
petitioner or the aggrieved party and any member of the immediate family
be protected in a government agency or by an accredited person or private
institution capable of keeping and securing their safety. If the petitioner is an
organization, association or institution referred to in Section 3(c) of this Rule,
the protection may be extended to the officers involved.

The Supreme Court shall accredit the persons and private institutions that
shall extend temporary protection to the petitioner or the aggrieved party
and any member of the immediate family, in accordance with guidelines
which it shall issue.

The accredited persons and private institutions shall comply with the rules
and conditions that may be imposed by the court, justice or judge.

(b) Inspection Order.

The court, justice or judge, upon verified motion and after due hearing, may
order any person in possession or control of a designated land or other
property, to permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object or operation
thereon.

The motion shall state in detail the place or places to be inspected. It shall be
supported by affidavits or testimonies of witnesses having personal
knowledge of the enforced disappearance or whereabouts of the aggrieved
party.

The inspection order shall specify the person or persons authorized to make
the inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the constitutional
rights of all parties. The order shall expire five (5) days after the date of its
issuance, unless extended for justifiable reasons.

(c) Production Order.

The court, justice or judge, upon verified motion and after due hearing, may
order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or
contain evidence relevant to the petition or the return, to produce and permit
their inspection, copying or photographing by or on behalf of the movant.

(d) Witness Protection Order.

The court, justice or judge, upon motion or motu proprio, may refer the
witnesses to the Department of Justice for admission to the Witness
Protection, Security and Benefit Program, pursuant to Republic Act No. 6981.

The court, justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of keeping
and securing their safety. (Sec. 14, Amparo Rule)

What happens if the issuance of INSPECTION OR PRODUCTION ORDERS are

opposed by the respondent/s on grounds of NATIONAL SECURITY or the
PRIVILEGED nature of the information sought?

a. If the motion for the issuance of an INSPECTION ORDER is opposed

on the ground of NATIONAL SECURITY or of the PRIVILEGED nature
of the information, the court, justice or judge may CONDUCT A
HEARING IN CHAMBERS to determine the merit of the opposition.
 The movant must show that the INSPECTION ORDER is necessary to
establish the right of the aggrieved party alleged to be threatened
or violated.

b. The motion for the issuance of a PROTECTION ORDER may be

opposed on the ground of NATIONAL SECURITY or of the
PRIVILEGED nature of the information, in which case the court,
justice or judge may CONDUCT A HEARING IN CHAMBERS to
determine the merit of the opposition.

The amparo court, justice or judge shall prescribe other conditions

to protect the constitutional rights of all the parties. (Sec. 14,
Amparo Rule)

Can the respondent/s also ask for interim reliefs?

Yes. The respondent/s upon verified motion and after due hearing can be
granted:
a. An INSPECTION ORDER (IO), and
b. A PRODUCTION ORDER (PO)

A motion for INSPECTION ORDER requested by the respondent/s shall be

supported by AFFIDAVITS OR TESTIMONIES OF WITNESESSES having
PERSONAL KNOWLEDGE of the defenses of the respondent/s. (Sec. 15,
Amparo Rule)

For obvious reasons, respondent/s are NOT ENTITLED to the issuance of

Temporary Protection and Witness Protection Orders in their favor

Sec. 15 Availability of Interim Reliefs to Respondent

Upon verified motion of the respondent and after due hearing, the court,
justice or judge may issue an inspection order or production order under
paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported by

affidavits or testimonies of witnesses having personal knowledge of the
defenses of the respondent.

Sec. 17 Burden of Proof

The parties shall establish their claims by substantial evidence.

The respondent who is a private individual or entity must prove that ordinary
diligence as required by applicable laws, rules and regulations was observed
in the performance of duty.

The respondent who is a public official or employee must prove that

extraordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.

The respondent public official or employee cannot invoke the presumption

that official duty has been regularly performed to evade responsibility or
liability.

SEC. 18. Judgment.

The court shall render judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in the petition are proven
by substantial evidence, the court shall grant the privilege of the writ and
such reliefs as may be proper and appropriate; otherwise, the privilege shall
be denied.

SEC. 19. Appeal.

Any party may appeal from the final judgment or order to the Supreme Court
under Rule 45. The appeal may raise questions of fact or law or both. The
period of appeal shall be five (5) working days from the date of notice of the
adverse judgment. The appeal shall be given the same priority as in habeas
corpus cases.

Sec. 22. Effect of Filing of a Criminal Action.

When a criminal action has been commenced, no separate petition for the
writ shall be filed. The reliefs under the writ shall be available by motion in
the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of amparo.

Sec. 23. Consolidation.

When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a
petition for a writ of amparo, the latter shall be consolidated with the
criminal action.
After consolidation, the procedure under this Rule shall continue to apply to
the disposition of the reliefs in the petition.

Sec. 20 Archiving and Revival of Cases.

The court shall not dismiss the petition, but shall archive it, if upon its
determination it cannot proceed for a valid cause such as the failure of
petitioner or witnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the amparo court
that shall, motu proprio or upon motion by any party, order their revival
when ready for further proceedings. The petition shall be dismissed with
prejudice upon failure to prosecute the case after the lapse of two (2) years
from notice to the petitioner of the order archiving the case.

The clerks of court shall submit to the Office of the Court Administrator a
consolidated list of archived cases under this Rule not later than the first
week of January of every year.

Rationale of the Writ: Universal Declaration of Human Rights

EVERYONE HAS THE RIGHT TO
LIFE
LIBERTY
AND SECURITY OF PERSONS.

Covenant on Civil and Political Rights

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.

Philippine Constitution
No person shall be deprived of his life, liberty or property without due
process of law nor shall any person be denied the equal protection of the
laws.
COMMISSION ON HUMAN RIGHTS (CHR)
The CHR can now go directly to court with a petition for a Writ of Amparo to
assist the victims.
The petition may be filed by:
c.) Any concerned citizen, organization, association or institution. If there is
no known member of the immediate family or relative of the aggrieved party.