Rada, Elqueen Hannah Faith C.

LLB-1B

Human Rights
I. Natural Law and Natural Rights
 Classical period- true law is right reason in agreement with
nature; it is of universal application. That there is but one
eternal and unchangeable law that will be valid for all nations,
and at all times, and there will be one master or ruler, that is,
God.
o In Greek civilization, Aristotle- political justice is natural
that which everywhere has the same force and does not
exist by peoples thinking this or that, and is legal, that
which is originally indifferent, but when it has been laid
down is not indifferent.
o First century B.C., Roman Orator Cicero- true law is
right reason in agreement with nature and of universal
application. The allusion to an eternal and higher, and
universal natural law.
 Medieval period- shift from natural law concept that was
revelation-centered to a concept of related to man’s reason
and what was discoverable by it.
o St. Thomas Aquinas, natural law- universe as governed
by single, self-consistent and overarching system of law
under the direction and authority of God as the supreme
law.
 Modern Period- gave emphasis to the individual and his
natural rights.
o John Locke’s social contract which is the collective
agreement of the people culminated in the
establishment of a civil government.
o Distinction of natural and civil rights is between that
class of natural rights which man retains after entering
into society, and those which he throws into the
common stock as a member of society.

II. Natural law and Natural rights in the Philippine Constitution.

 On May 31, 1897, a republican government was established
in Biak-na-Bato, followed on November 1, 1897 by the
unanimous adoption of the Provisional Constitution known as
the Constitution of the Biak-na-Bato.
 In April 1898, Spanish-American war broke out.
o During the war against the United States, the Filipino
people wanted above all a guarantee of those
fundamental human rights which Americans hold to be
the natural and inalienable birthright of the individual.
 In September 1898, after the Spanish Regime, the
Revolutionary Congress was inaugurated whose primary goal
was to formulate and promulgate a Constitution.
o Malolos Constitution which was based on the
constitutions of South American Republic while the Bill
of Rights was substantially a copy of the Spanish
Constitution.
o The Bill of Rights included among others, freedom of
religion, freedom from arbitrary arrests and
imprisonment, security of the domicile and of papers
and effects against arbitrary searches and seizures,
inviolability of correspondence, due process in criminal
prosecutions, freedom of expression, freedom of
association, and right of peaceful petition for the redress
of grievances.
 Three organic acts – the Instructions, the Philippine Bill of
1902, and the Jones law- extended the guarantees of the
American Bill of Rights to the Philippines.
 The Philippines Independence Law, known as the Tdyings-
Mcduffie Law of 1934, was enacted.
 On May 14, 1935, the 1935 Constitution was ratified.
o The Bill of Rights in the 1935 Constitution was mostly a
copy of the Bill of Rights in the Jones Law, which in turn
was borrowed from the American constitution.
 On January 17, 1973, the 1973 Constitution went into effect.
o After the clamor to revise the 1935 Constitution to be
more responsive to the problems of the country,
specially in the socio-economic arena.
o Previously, there were 21 paragraphs in one section,
now there were twenty-three. The two rights added
were the recognition of the people’s right to access to
official records and documents and the right to speedy
disposition of cases. To the right against unreasonable
searches and seizures, a second paragraph was added
that evidence obtained therefrom shall be inadmissible
for any purpose in any proceeding.
 In February 1986, the Filipino people exercised the highest
rights in the EDSA Revolution of February 1986.
 On February 2, 1987- it retained a republican system of
government, but emphasized and created more channels for
the exercise of the sovereignty of the people through recall,
initiative, referendum and plebiscite
o Separate Article on Social Justice and Human Rights,
and the Commission on Human Rights was created.
o One of the constitutionalism is a strong concern for
individual rights.
  Universal Declaration on Human Rights treated the protection
of the natural rights as human right and is inherent in every
person.

III. History of the Guarantee against Unreasonable Search and

Seizure and the Right to Exclusion of Illegally Seized Evidence
in the United States in the Philippines
 Initially, the 1935 Constitutional Conventions committee on bill
of rights proposed an exact copy of the Fourth Amendment of
the United States Constitution in their draft.
o However, Delegate Vicente Francisco proposed
inserting the phrase to be determined by the judge after
examination under oath or affirmation of the
complainant and the witness he may produce in lieu of
supported by oath or affirmation.
 Almost 40 years after the ratification of the 1935 Constitution,
the provision on the right against unreasonable searches and
seizures was amended in Article IV, Section 3 of the 1973
Constitution.
o There were three modifications of the 1935 counterpart,
namely: (1) the clause was made applicable to searches
and seizures of whatever nature and for any purpose;
(2) the provision on warrants was expressly made
applicable to both search warrant or warrant of arrest;
and (3) probable cause was made determinable not only
by a judge, but also by such other officer as may be
authorized by law. But the concept and purpose of the
right remained substantially the same.
 February 2, 1987 under the 1987 Constitution
o The significant modification of Section 2 is that probable
cause may be determined only by a judge and no longer
by such other responsible officer as may be authorized
by law.
 The purpose of constitutional guarantee against
unreasonable searches and seizures
o To prevent violations of private security in person and
property and unlawful invasion of the security of the
home by officers of the law acting under legislative or
judicial sanction and to give remedy against such
usurpation when attempted.
 In the 1967, landmark decision of Stonehill v. Diokno which
overturned the Moncado rule.
o Eventually adopted the exclusionary rule, realizing that
this is the only practical means of enforcing the
constitutional injunction against unreasonable searches
and seizures.
IV. Application of the natural law culled from history and philosophy:
Are the rights against unreasonable search and seizure