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SCHOOL OF LAW
Course Description This 2-unit course is a branch of public law which deals
with the body of laws, rules, procedures, and institutions
designed to respect, promote and protect human rights at the
national, regional and international level.
Classroom Rules A student with four (4) absences shall be dropped from the
course and will get a failing grade. No use of cellphones
during class. No coaching during recitation. Submission of
Assessment Tasks within the prescribed deadlines.
Observance of ethical rules on research while doing the
writing tasks.
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SCHOOL OF LAW
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SCHOOL OF LAW
I. INTRODUCTION
i. Definition of Human Rights
Constitutional Provisions
United Nations Definition
o 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
o Became the basis of the natural rights of man against oppressive rulers
o 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
Historical Theory
o 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.
society.
o 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.
Positivist Theory
o All rights and authority come from the state and what officials have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be found only in the enactment of a law with
sanctions attached.
o A right is enjoyed only if it is recognized and protected by legislation promulgated
by the state.
Marxist Theory
o Emphasizes the interest of society over an individual mans interest. Individual
freedom is recognized only after the interest of society is served.
o Concerned with economic and social rights over civil or political rights of
community.
o 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
Utilitarian Theory
o Seeks to define the notion of rights in terms of tendencies to promote specified
ends such as common good.
o Every human decision was motivated by some calculation of pleasure and pain.
The goal is to promote the greatest happiness of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net sum of citizens.
o An individual cannot be more important than the entire group. A man cannot
simply live alone in disregard of his impulse to society.
o 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.
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vii. Overview of the Commission on Human Rights [CHR] (Mandate, Powers, and
Functions
CASES:
Cario vs Commission on Human Rights - G.R. No. 96681, December 2, 1991
Simon vs Commission on Human Rights - G.R. No. 100150, January 5, 1994
EPZA vs Commission on Human Rights - G.R. No. 101476, April 14, 1992
PBM Emp. Org v PBM Co., Inc., 51 SCRA 189 (1973)
Baldoza v Dimaano, 71 SCRA 152 (1976)
David v Arroyo, 489 SCRA 160 (2006)
Southern Hemisphere Engagement Network, Inc. v Anti-Terrorism Council, 632
SCRA 146 (2010)
Ocampo vs Enriquez, Marcos, et al - GR No. 22593, November 8, 2016
Government of HK vs Olalia, GR No. 153875, April 19, 2007
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ASSESSMENT TASKS:
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SCHOOL OF LAW
OPEN FORUM
Religious Freedom and Freedom of Expression
Standards of Review: Clear and Present Danger Test, Dangerous Tendency Test,
Balancing of Interest Test
Levels of Scrutiny: Rational Basis Test, Intermediate Scrutiny Test, Strict Scrutiny Test
Facial Challenge: Overbreadth Doctine, Void for Vagueness Doctrine
CASES
Knights of Rizal vs DMCI, GR No. 213948, April 25, 2017
Manila Prince Hotel vs GSIS, GR No. 122156, February 3, 1997
Magdalena State Inc., vs Kapisanan ng mga Manggagawa
Gold City Integrated Post Service vs NLRC, 245 SCRA 627
SSS vs Court of Appeals, 175 SCRA 686
PBM Employees vs PBM Steel, 51 SCRA 189
OPEN FORUM
CASES
OPEN FORUM
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SCHOOL OF LAW
OPEN FORUM
CASES
Secretary of National Defense vs Manalo, 568 SCRA 1
Razon vs Tagtiis, 606 SCRA 598 (2009), 612 SCRA 685 (2010)
Rubrico vs MAcapagal Arroyo, 613 SCRA 233 (2010)
Boac vs CAdapan, 649 SCRA 618
Rodriguez vs Macapagal Arroyo, 662 SCRA 312 (2011)
Navia vs Pardico, 673 SCRA 618 (2012)
Canlas vs Napico Homeowners Association, 554 SCRA 208 (2008)
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iii. Complaint Procedure, State Reports, Special Procedure, NGO, NHRI Reports
iv. RA 10368 Human Rights Reparation and Recognition Act of 2013
Grading System:
Class Standing (Recitations and Written Output (one group report and 3 individual writing
tasks) - 30%
Midterm Examination 30%
Final Exam 40%
TOTAL 100%
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