Political Rights

I. War On Drugs

President’s Rodrigo Duterte’s primary presidential campaign propaganda and

flagship project as the President of the Philippines is to eradicate the Illegal Drugs
Problem in the country once and for all. He often stated in his campaigns and
speeches that he will kill all the people who are involved in the illegal drugs trade in
order to solve such problem.

After President Duterte’s assumption into office there has been a significant
increase in the number of drug related deaths in the country and it has been traced
back by various groups to this administration’s “War on Drugs”1 dubbed as Oplan
Tokhang”2

Reuters and other news site together with a number of human rights groups have
reported a vigilante group named “Davao Dead Squad”3 and the Philippine National
Police have been responsible for the more than twelve thousand deaths of people
involved in illegal drugs whether they are dealers or users. Reuters have also uncovered
a reward system that has been implemented starting 2016 within the Philippine National
Police that gives cash incentives to those who can kill a person that wa in the
government’s drug list.

That is why it is unsurprising that President Duterte reiterated again the need for
the “War on Drugs”, In his 2017 State of the Nation Address (SONA). He even went to a
great length to emphasize that it has affected every facet of development in this
country, because of the worry it brings in the peace and stability in the country. 4

1 Council on Foreign Relations. (2018). Human Rights and Duterte’s War on Drugs. [online] Available at:
https://www.cfr.org/interview/human-rights-and-dutertes-war-drugs [Accessed 30 Aug. 2018].
2 The term tokhang is a combination of the Cebuano words “toktok” (to knock on the door) and “hangyo” (to plead).
The operational meaning of the word “tokhang” is to plead to criminals (in this case those who are involved in drugs)
to stop their illegal activity. The word has become synonymous to the Duterte’s Administration on the “War on Drugs”
that it has become a derogatory word for the killings.
3 HRW.ORG. (2018). "You Can Die Any Time" Death Squad Killings in Mindanao. [online] Available at:
https://www.hrw.org/report/2009/04/06/you-can-die-any-time/death-squad-killings-mindanao [Accessed 30 Aug.
2018].

The group that has been linked as the hitmen of President Duterte as a mayor of Davao. It was deemed to have been
composed of former military men, former policemen and professional hitmen that has been credited for a number of
killings that transpired in Davao City.
4 philstar.com. (2018). Full text of Duterte's State of the Nation Address 2017 | Philstar.com. [online] Available at:
https://www.philstar.com/headlines/2017/07/25/1721355/full-text-dutertes-state-nation-address-2017 [Accessed 30
Aug. 2018].

That is why, I have resolved that no matter how long it takes, the fight against illegal drugs will continue because that
is the root cause of so much evil and so much suffering [applause] that weakens the social fabric and deters foreign
investments from pouring in.”
 After receiving a number of criticism from various groups and personalities locally
and abroad, President Duterte in his 2017 SONA lashed at them stating that their time
should be better used to educate other people in the perils of illegal drugs instead of
blaming him in this country’s bloody war against drugs5.

Ironically, it his Duterte himself said that the war against illegal drugs will still be
unrelenting and that the people who are involved will either go to jail or in hell6.

Such pronouncements and actions coming from President Duterte and other
State Actors causes them to violate several internationally recognized human rights7
such Article 3: the Right of the People to Life, Liberty, Personal Security, Article 10: the
Right to Fair Public Hearing and Article 11: Right to be Considered Innocent until Proven
Guilty.8

II. Death Penalty

Death Penalty in the country has been suspended since President Gloria Arroyo
signed Republic 9346 otherwise known as the “Act Designating Death by Lethal
Injection” (RA 9346)9. Since then various groups and personalities have called for the
reinstatement of death penalty, citing it as a deterrent against the rise of criminality in
the country.

That is why President Duterte in his 2017 SONA stated that he wanted to revive
death penalty as a way to combat criminality in the country. He even asked the
congress to fast rack all legislations pertaining to death penalty specifically death
penalty for those people who are involved in illegal drugs. He stated the need for
death penalty is due to the Filipino Culture stating that: "in the Philippines, it's really an
eye for an eye, a tooth for a tooth"10

5
Ibid
“To the critics against this fight, your efforts will be better spent if you use the influence, moral authority and
ascendancy of your organizations over your respective sectors to educate the people on the evils of illegal drugs
instead of condemning the authorities and unjustly blaming for every killing that bloodies this country.”

6 Ibid
“Despite international and local pressures, the fight will not stop [applause] until those who deal in it understand that
they have to cease, they have to stop because the alternatives are either jail or hell. [applause] And I will make sure,
very sure that they will not have the luxury of enjoying the benefits of their greed and madness.”

7philstar.com. (2018). Full text of Duterte's State of the Nation Address 2017 | Philstar.com. [online] Available at:
https://www.philstar.com/headlines/2017/07/25/1721355/full-text-dutertes-state-nation-address-2017 [Accessed 30
Aug. 2018].
8Un.org. (2018). [online] Available at: http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf [Accessed 30
Aug. 2018].
9Inquirer, P. (2016). IN THE KNOW: Death penalty. [online] Newsinfo.inquirer.net. Available at:
http://newsinfo.inquirer.net/785954/in-the-know-death-penalty [Accessed 30 Aug. 2018].

10
Ibid
 Such enunciations are expected coming from an individual who repeatedly
cursed at the United Nations (UN), European Union (EU) and other groups and
personalities who criticised his ways on combatting the drug problem in the Philippines.

There is no evidence supporting that death penalty is a deterrence to crime11

and a number of cases have shown that death penalty have cost innocent lives.

Civil Rights

I. Environmental Right

President Rodrigo Duterte, in his 2017 SONA has expressed concerns over the ill
effects of the mining industries’ practices in our country’s environment. He mentioned
the mining industry’s practice of misdeclaration of income and the mining companies
poor performance of their socio-corporate responsibility. Such practices have resulted
in decades of lost government income and lacklustre performance in rehabilitating
mined areas.

He backed up his frustration by stating that the trails left by the mining industry on
the environment will affect numerous of people stating that generations of Filipinos will
suffer12. What President Duterte’s citing here is the doctrine of Intergenerational
Responsibility on the environment. It was a doctrine that was embodied in the 1987
Constitution (Article II: Section 1513 and Section 16) and in a landmark decision of the
Supreme Court Oposa vs. Factoran14 which recognized the doctrine in the Philippine
legal system.

The need for stricter implementation of environmental law in the country is

highlighted in President Duterte’s remarks on the state of our environment in the
country. But he failed to delivered a solid plan in tackling the environmental issues
(especially mining) in the country. In the end the President merely threatened mining

11
Donohue, J. and wolfers, J. (2006). The Death Penalty: No Evidence for Deterrence. Berkeley International Press.
[online] Available at: https://deathpenaltyinfo.org/DonohueDeter.pdf [Accessed 30 Aug. 2018].
12 Ibid

“You must remember that there are so many billions of the future generations waiting in this stratosphere. Ang gusto
ninyo para hindi na kayo mandamay, huminto na kayo ng ano. Then let us go to… Because this will not end here.
How about the billions and billions and billions of Filipinos who will come after us? Kawawa naman. They'll have to
scratch Mother Earth to eat.”
13“The State shall protect and promote the right to health of the people and instill health consciousness among
them.” (Article II, Section 15 of the 1987 Consitution)

14
Oposa vs Factoran, 1993 GR No.101083.
http://www.lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html
 companies that if such practices shall continue in the future he will be forced to levy
heavier taxes on them15.

II. Right to Health

Health programs on President’s agenda is not on the top of the list, that is why it
came as a surprise that in his 2017 SONA he urged the Supreme Court to lift its two-year
temporary restraining order on contraceptive implants16

The inclusion of the issue in the 2017 SONA resulted in the total lifting of the
temporary restraining order (TRO) on contraceptives (implants)17, allowing full
implementation of Reproductive Health Bill. The lifting of TRO is win for Health
Developments for Filipinos and a win for President Duterte.

Economic Rights

I. TRAIN Law

President Duterte in his campaigns have mentioned about lowering the income tax
of those who belong in the low income bracket and even cancelling. He also said that
he will impose higher taxes for higher those belonging in the high income bracket. This is
the fruition of such pronouncement is the TRAIN law.

Republic Act No. 10963 (RA 10963) or the Tax Reform for Acceleration and Inclusion
(TRAIN) Law is the initial package of the Comprehensive Tax Reform Program (CTRP)
and one of the few things that grew into fruition since its mention in the 2017 SONA. It
was able to pass the Congress and was signed into law on December 19, 2017.

The foreseen effect was not realized as the cancellation of income tax from the low
income bracket resulted in loss of revenue for the government and in turn was sourced
from various sources (such as higher tax for fuel, sugar, etc) which fuelled higher
commodity prices.

The first tranche of the tax reform law is one of the few things that came into
realization from Duterte’s 2017 SONA and yet it bore negative outcome; Inflation, higher
prices of commodity, supply shortages and a lot more problem.

15Ibid
“So I will increase the taxes. Then I will think of something that will compensate or make up for the damage or at least
the income restored. Otherwise, I'll have to stop mining. I will ask you to stop it.”

16
Ibid

17