Glossary of Human Rights Terms

ABODE, LIBERTY OF: The right of a person to choose his own domain, the freedom to leave his country
and right to enter his own country except: (a) upon lawful order of the court; (b) in the interest of
national security, public safety or public health (Art. III, Sec. 6, Phil. Const.; Art. 32(10), Civil Code; Art.
12, Civil and Political Rights)

ABORTION: The intentional use of any violence upon the person of the pregnant woman causing her
abortion (Art. 256, RPC). It is unintentional if the cause of abortion of the pregnant woman is without
intention.

ABSOLUTE OR NON-DEROGABLE HUMAN RIGHTS: Rights cannot be suspended, restricted or limited

even in emergency situations such as: right to life, freedom from torture, freedom from slavery or
servitude, freedom from retroactive penal laws, right to recognition as person before the aw, and
freedom of thought, conscience and religion (Arts. 3, 4, 5, 6, 11,18, Universal Declaration of Human
Rights; Art. 6, 160 PR)

ACCESSION: Accession means that the states consent to be bound by a treaty already ratified by other
states after the period of signing has expired. (Art. 17, Vienna Convention on Treaties). Acceptance of a
TREATY by State that did not participate in its negotiation or drafting.

ACCESSORIES: Those who having knowledge in the commission of the crime and without, having
participated therein, either as principal or accomplices, take part subsequent to its commission. (RPC
Art. 19)

ACCOMPLICE: is a person who, not being a principal, cooperates in the execution of the offense by
previous or simultaneous acts. (Art. 18, RPC; People vs. Galapin, 293 SCRA 474)

ACCUSED: Person who appears to be responsible for the commission of a crime (Art. 10, Sec. 1, Rules of
Court)

ACCUSED, RIGHTS OF THE: Presumption of Innocence; Right to be heard, to counsel, to be informed of

the nature and cause of the accusation against him, to have a speedy, impartial and public trial to
confront witnesses, and to have compulsory process to secure attendance of witnesses and the
production of evidence in his behalf; Right to bail, and to appeal; Freedom from self-incrimination, from
double jeopardy, ex-post facto law (Rule 113, Sec. 12-17, Rules of Court; Art. III, Sec. 14(2), Phil. Const.;
Art. 8-10, Civil and Politic Rights)

(See RA 8493)

ACT OR OMISSION: To be guilty of any criminal offense or felony (Art. 3, RPC). If the act or omission is
without malicious intent, and the damage or injury is caused, it is “quasi-delict”.

ADMISSION: is any statement of fact made by a party against his interest or unfavorable to the
conclusion for which he contends or is inconsistent with the facts alleged by him to be admissible, an
admission most (a) involves matters of facts and not of law, (b) be categorical and definite; (c) be
knowingly and voluntarily made; (d) be adverse to the admitters interest, otherwise it would be self-
serving and admissible.

ADOPTION: Process by which a State agree to international law; with regard o treaties, adoption usually
refers to the initial diplomatic stage at which a treaty is accepted; in order to become effective after
adoption TREATY usually must be RATIFIED by the legislature.

AFFIDAVIT OF DESISTANCE: While an Affidavit of desistance is not looked upon with favor, however it
should not be peremptorily dismissed as a useless slip of paper as it may create serious doubts as to the
liability of the accused. (Gomez vs. IAC, 135 SCRA 620)

AFFIRMATIVE DISCRIMINATION/AFFIRMATIVE ACTION: Affirmative steps taken by governments,

educational institutions, businesses and other bodies to eliminate existing discrimination, provide an
immediate remedy for past discrimination and prevent discrimination from taking place in the future;
promotes EQUALITY by recognizing that when people are in unequal positions treating the same
perpetuates systematic inequalities; permitted for some conditions under the CONVENTION ON THE
ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION, the CONVENTION ON THE ELIMINATION OF
ALL FORMS OF DISCRIMINATION AGAINST WOMEN and other international and regional documents.

AFFIRMATIVE RIGHTS: The economic, social and cultural rights are called affirmative rights, viewed as
goals or aspirations of the government to provide for the citizens.

AGE OF CONSENT: the age at which a person may give consent. For example, a person may contract
marriage without need of parental consent if he or she is between the ages of 21 to 25. (See, Art. 15,
Title I, FCP)

AGE OF MAJORITY: the age at which a person is granted by law, such rights, duties and responsibilities of
an adult. Age of majority in the Philippines is 18. (See Art. 234, Title X, FCP)

AGGRAVATING CIRCUMSTANCES: is one which when present in the commission of the offense, serves to
increase the penalty for the offense. (See Art. 14, RPC)

ALIBI: is one of the weakest defenses that can be resorted to by the accused. (People vs. dela cruz, 76
Phil 601)

ALLEGATION: Mere allegation is not evidence. (Gatmaitan vs. CA, 200 SCRA 37; Martinez vs. NLRC, 272
SCRA 793). He who alleges a fact has the burden of proving it. (Imperial Victory Shipping Agency vs.
NLRC, 200 SCRA 178; Luxuria Homes Inc. vs. CA, 302 SCRA 315; Top Weld Manufacturing Inc. vs. Eced,
S.A., 138 SCRA 118; People vs. Lumayok, 139 SCRA 1)

ALIENS, EXPULSION OF: Aliens lawfully residing in a country may not be expelled except in accordance
with the law (Art. 13, Civil and Political Rights)

AMBUSH: An arrangement of persons in hiding to make a surprise attack on a person or group of

persons. If persons are killed, there is a crime of murder as there are elements of either treachery or
evident premeditation (Art. 248, RPC)
AMNESTY: A general pardon for persons who committed political rimes (Art. 4, Civil and Political Rights).
The President shall have the power to grant amnesty with the concurrence of a majority of all members
of the Congress (Art. VII, Sec. 19, Phil. Const.)

ANCESTRAL DOMAIN: Refers to all lands and natural resources possessed, occupied or claimed as having
been possessed or occupied by indigenous cultural communities by themselves or through their
ancestors, in accordance with their customs and since time immemorial for a continuous period of time
except when prevented by war, force majeure, or displacement by force, deceit, stealth or as
consequence of government projects or any other voluntary dealings to ensure their economic, social
and cultural welfare. It shall include ancestral lands, titles, properties, forest, hunting grounds, worship
areas, burial grounds, bodies of water, mineral resources and air space. (RA 8371, the Ancestral Domain
Act)

ANTE MORTEM DECLARATION: Statements made under the belief of an impending death (Dying
Declaration)

APPEAL, RIGHT TO: Right of review of a decision to higher tribunal (Art. 14, Sec. 5, Civil and Political
Rights; Rule 122, Rules of Court) “Everyone convicted of a crime shall have the right to his conviction
and sentence being reviewed by a higher tribunal according to law” (Art. 14, Sec. 5, International
Covenant on the Civil and Political Rights)

APARTHEID: A form of racial discrimination by means of any distinction, exclusion, segregation or denial
to members of a particular race or ethnic group of their human rights (Convention on Suppression and
of the Punishment of the Crime of Apartheid, 1978; International Convention on the Elimination of
Racial Discrimination, 1966)

ARBITRARY DETENTION: Any act of public officer or employee who detains any person without legal
ground (Arts. 124 and 125, RPC; Art. 32, Sec.4, Civil Code; Article 9, Civil and Political Rights; RA 7438)

ARBITRATION: Agreement between parties to submit their dispute for settlement to a third person
selected by them whose decision they shall abide (Art. 2042, Civil Code; RA 876, Arbitration Law)

ARMED CONFLICT: It is international if the conflict is between or among armed units of States (Protocol
1, Additional to the Geneva Convention). It is non-international or internal if the conflict is between
nationals of the same State such as: rebellion, insurgency or wars of liberation (Protocol II of the Geneva
Convention for the Protection of Civilians on Non-Combatants)

ARRAIGNMENT: The reading of the criminal complaint or information to the defendant by the judge or
clerk of court, and then delivering to him a copy thereof, including a list of witnesses and asking him
whether he pleads guilty or not guilty as charged. (Rule 118, Rules of Court)

ARREST: Taking the person into custody to answer for a commission of a crime by any public officer or
private individual (Art. III, Sec. 12(1), Phil. Const.; Art. 9(2) Civil and Political Rights; RA 7438; Rule 113,
Rules of Court; Art. 269, RPC)

ARSON: A crime committed by any person who burns or sets fire on the property of another, or who
sets fire to his own property under circumstance which expose to danger the life or property of another
(PD No. 1613, Sec. 1; Art. 320, RPC)
ARTICLE: International legal instruments generally include Preamble (stating the reasons for and
underlying understandings of the drafters and adopters of the instrument) and a series of “articles”,
which lay out the obligations of those States choosing to be bound by it and procedural matters
involving the treaty.

ASSASSINATION: Murder committed, usually, though not necessarily, for hire without direct provocation
from or cause of the resentment given to the murderer by the person upon whom the crime is
committed, though an assassination of a public figure might be done by one acting alone for personal,
social and political reasons

ASSAULT: Generally means attacking or employing force or intimidation on a person. It is direct assault if
the person attached is a person in authority or his agent in the performance of his duty (Art. 148, RPC).
Indirect assault is committed by a person who shall make use of force or intimidation upon any person
coming to the aid of the authorities or their agents on occasion of the commission of any crime. (Art.
149, RPC)

ASSEMBLY, RIGHT OF: Right of citizens to meet personally for consultation in respect to public issues and
to petition the government for redress of grievance. (Art. III, Sec. 4, Phil. Const.; Art. 32, Sec. 13, Civil
Code; Art. 21, Civil and Political Rights)

ASSOCIATION, FREEDOM OF: Right to form or be a member of an association for purposes not contrary
to law. (Art. III, Sec. 8 and Art. XIII, Sec. 3, par. 2 and Sec. 15, Phil. Const.; Art. 32, Sec. 12, Civil Code; Art.
22, Civil and Political Rights; Art. VIII, sec. 1(b), Economic, Social and Cultural Rights)

ASYLUM: The grant of sanctuary by State to persons politically persecuted in their own country (Geneva
Convention on the Status of Refugees [1951])

BAD FAITH: Means a breach of a known duty through some motive or interest or ill will. (Sweet Lines,
Inc. vs. CA, 121 SCRA 769.)

BAIL: is the security given for the releases of person in custody of the law or a bondman, condition upon
its appearance before any court as required under the condition heein after specified. Bail may be given
in the form of a corporate surety, property bond, cash deposit or recognizance. Section 1 Rule 114
(Manotoc, Jr vs. CA, 142 SCRA 149)

BAIL, RIGHT TO: Right of an accused to be temporarily released upon filing of a surety (Art. III, Sec. 13,
Phil. Const.; Art. 9, Civil and Political Rights, Rule 114, Sec. 13, Rules of Court)

BALLISTIC TEST : Is the test used for determining the motion of projectiles (as bullets) in flight. Ballistic
test is not necessary were there is eye witness testimony on kind of firearm used. (People vs. Yarcia, 125
SCRA 173)

BAND (CUADRILLA): Wherever more than three armed malefactors have acted together in the
commission of the offense (People v. Landicho, 258 SCRA 1 [1996])
BEST EVIDENCE RULE: means that the original of the document or writing is the best evidence of such
document or writing and must be produced unless the original is lost, destroyed, unavailable or
otherwise unobtainable.

BEST INTERESTS OF THE CHILD: In all actions concerning children, courts of law, administrative
authorities and legislative bodies, the best interest of the child shall be a primary consideration. (Art. 3,
Convention on the Rights of the Child)

BILATERAL TREATY: Formal, binding agreement between two states

BILL OF ATTAINDER: A legislative act which inflicts punishment without judicial trial (Art. III, Sec. 22, Phil.
Const.; Art. 15, Civil and Political Rights)

BLOCKADE: A hostile operation by means of which the vessels and aircraft of one belligerent prevent all
other vessels, including those neutral states from entering or leaving the ports of the other belligerent,
the purpose being to shut off the place from international commerce and communication with other
states. (Hague Convention on the Laws of War, No. VI)

BURDEN OF PROOF: is the duty of the party to present evidence on the facts in issuance necessary to
establish his claim or defense by the amount of evidence required by law. (Sec. 1 Rule 131)

“BUY BUST” OPERATIONS: An entrapment by police officers attempting to purchase drugs from a
suspect in possession of prohibited drugs and arresting said suspect by policemen who were conducting
the surveillance. This operation is valid and legal as an accused being caught “in flagrante” (People v.
Juatan, 260 SCRA 532 [1996]; People v. Gonzales, 228 SCRA 293 [1993])

CARNAL KNOWLEDGE: the act of a man in having sexual bodily connection with a woman. (Legal
Medicine by Solis)

CEDAW: See CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

CENSORSHIP, FREEDOM FROM: Prior approval of any book, printed material or motion picture before
production or publication violates freedom of the press and expression. A law prohibiting the use of
taped jingles to be used in an election campaign was ruled as censorship. (Art. III, Sec. 4, Phil. Const.)

CHECKPOINT OR “STOP AND FRISK” RULE: Police operation to stop vehicles at some points to search for
guns, ammunitions or illegal drugs. In Valmonte v. De Villa, 178 SCRA 211 [1989], the court held that
while it may be susceptible of abuse by men in uniform, it may be valid during abnormal times to
protect the peaceful community. Justice Imagine Cruz in his dissent said that they are blatant violations
of rights to be free from unreasonable searches and seizures.

CHILD: Refers to a person below 18 years of age or one over said age and who, upon evaluation of a
qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of himself fully or
of protecting himself from abuse because of a physical or mental disability or condition. (Sec. 3, RA
7610; Art. I, Rights of the Child; RA 7610; RA 6809 on Age of Majority)
CHILD ABANDONED: refers to one who has no proper parental care or guardianship or whose parents
has deserted him/her for a period at least six (6) continous months and has been judiciary declared as
such. (RA 8852, Sec. 3 (e))

CHILD, ABANDONMENT OF: Conceals or abandons child, depriving him of love and care (Art. 34, RPC;
Art. 20, Rights of the Child)

CHILD, ABUSE OF: Any act of maltreatment or unreasonable deprivation of his basic needs; failure to
give medical aid to an injured child (Art. 276, RPC; Sec. 10, RA 7610; Arts. 3, 16 and 19, Rights of the
Child; Art. 347, RPC; Arts. 335-336, RPC; RA 4881, creating the Council for the Protection of Children; RA
6972, Barangay Level Total Development and Protection Act)

CHILD, EXPLOITATION OF: Forcing a child to work as a reimbursement of a debt incurred by his parents
or ascendants. (Art. 3, Economic, Social and Cultural Rights; Arts. 272, 273, 274, RPC; Domestic Adoption
Act, RA 8552; Act Prohibiting the Employment of Children Below 15 years old, RA 7658; Secs. 12-14, RA
7610)

CHILD, PROTECTION OF, WITHOUT FAMILY: It is the obligation of the state to provide special protection
to children deprived of their family environment and to ensure that appropriate alternative family care
or institutional care is made available. (Art. 20, Convention on the Rights of the Child; Arts. 216, 217,
218, Family Code)

CHILD, RIGHTS OF NATIONALITY, IDENTITY: Every child shall be registered immediately after birth by a
name to acquire identity and nationality (Articles 7 and 8, Rights of the Child; Art. 39, RPC)

CHILDREN, TRAFFICKING OF: Engaging in, trading and dealing with children for money or for any other
consideration (Art. 35, Rights of the Child; Sections 5-8, RA 7610; Art. 340, RPC on Corruption of Minors)

CHILD IN CONFLICT WITH THE LAW (CICL): Child charged with a commission of an act defined and
punished as a crime or offense under the law, including violations of traffic laws, regulations, and
ordinances. (Sec. 4 Administrative Matters No. 02-1-18 SC)

CHILD WITNESS: a mere allegation that the witness is of a tender age is not sufficient to disqualify
him/her from seating on the witness stand. Even the sole testimony of a minor of such tender age will
suffice to convict a person accused of a crime as long as the said testimony is credible. (People vs.
santos, 183 SCRA 25)

CHILDREN IN ARMED CONFLICTS, PROTECTION OF: Children as victims during armed conflicts should be
protected (Sec. 22-24, RA 7610; Protocol II, Geneva Convention Relating to Protection of Victims of Non-
International Armed Conflict; Arts. 37 and 39, Rights of the Child)

CIRCUMSTANCIAL EVIDENCE: Circumstantial evidence may be characterized as that evidence which

prove a fact or series of facts from which the facts in issue may be established by inference. (People vs.
Ola, 152 SCRA 1)

CIVIL ACTION, CIVIL CASE: A judicial proceeding to demand restitution or damages for violation of rights
against another person. Every person who, contrary to law, willfully or negligently causes damage or
injury to another, shall indemnify the later for the same (Arts. 20, 21 and 32, Civil Code)
CHARTER: The term “charter” is used for particularly formal and solemn instruments, such as the treaty
founding an international organization like the United Nations (“The Charter of the United Nations”).

CHILD PORNOGRAPHY: The use, exhibition and depiction of children as objects of obscenity, immorality
and indecency in live shows, movies, television, and other forms of propaganda by the media (Arts. 20,
21 and 32, Civil Code)

CIVIL RIGHTS: Rights which the law will enforce at the instance of individuals without discrimination for
the enjoyment of their means of happiness. Examples are freedom from arbitrary arrest; from
involuntary servitude; and freedom of religion.

“CLEAR AND PRESENT DANGER” RULE: The question is whether the words used are of such nature as to
create a clear and present danger that will bring about the substantive evil that eh state has the right to
prevent. (Schenck v. US 249 US 97 [1919]). This rule was followed in Primicias v. Fugoso, 80 Phil. 71
(1948) and Reyes v. Bagatsing, 125 SCRA 553 (1983). In the latter case, the denial to permit a really at
the Luneta by the Mayor of Manila on the ground that the assembly might be infiltrated by subversive
elements was held invalid by the Supreme Court. The Court said that there was no showing of a clear
and present danger that might arise in the meeting.

COERCION: Use of violence, threats or intimidation on a person to compel him to do something which
he did not like to do, or not to do something which he had the right to do. (Art. 286, RPC; Art. 18, Civil
and Political Rights)

Persons are guilty of grave coercion where by means of violence and without legal authority, prevented
the complainant of doing something not prohibited by law and compelled her to do something against
her will whether it be right or wrong. (People v. Caisip, 36 SCRA 17 [1970])

COLLECTIVE RIGHTS: Rights that apply to an entire group of people. They are solidary rights enjoyed in
the company of others. Example: Rights of Indigenous People; Right to Self-Determination; Rights of
Women.

COMMISSION ON HUMAN RIGHTS: Body formed by the ECONOMIC AND SOCIAL COUNCIL (ECOSOC) of
the United Nations to deal with HUMAN RIGHTS; one of the first and most important international
HUMAN RIGHTS bodies.

COMPLAINT: In legal terms, the initial document that begins an action; a complaint sets forth a brief
summary of what happened and argues why relief should be granted. In a human rights case, the
complaint (or PETITION, or COMMUNICATION) alleges that government, or individual or institution that
must answer to human rights standards (such as a surrogate of the government) has violated the
HUMAN RIGHTS of specific individuals or groups of individuals.

CONFESSION: the declaration of the accused expressly acknowledging his guilt of the offense charged.
Sec. 33 Rule 130 Rules of Court- an acknowledgement in express words by the accused in a criminal case
of the truth of the main fact charged, or of some essential part thereof. (US vs. Lio, 23 Phil 66)

CONSTITUTIONAL RIGHTS: The rights enumerated and guaranteed by the Constitution of the State (Art.
III, Philippine Constitution on Bill of Rights)
CONVENTION: A “conventjon” is a formal agreement between States. The generic term Convention is
thus synonymous with the generic term “treaty”. Conventions are normally open for participation by the
international community as a whole, or by large number of States. Usually the instruments negotiated
under the auspices of an international organization are entitled conventions (e.g. the Convention on the
Rights of the Child, adopted by the General Assembly of the United Nations in 1989).

CORPUS DELICTI: a term, which means literally “the body of a crime” and denotes the evidence that a
crime has been committed. For example, the corpse of a murdered man or the charred remains of the
house burned down.

CORROBORATIVE EVIDENCE: is one, which supplements and strengthens or confirms evidence already
presented but is independent of and different from the latter.

CRUEL, INHUMAN OR UNUSUAL PUNISHMENT: Torture, inhuman or barbarous nature of punishment for
an offense. (Art. III, Sec. 19, Phil. Const.; Art. 32, Sec. 18, Civil Code; Arts. 6 and 9, Civil and Political
Rights; RA No. 7438; Convention Against Torture and Other Cruel and Unusual Punishment (1984); RA
8294 amended PD 1866) which imposed cruel, inhuman or unusual punishment.

CRUELTY: refers to any act by word or by deed which debases, degrades, or diminish the intrinsic worth
of a child as a human being. Discipline administered by parents or legal guardian to a child does not
constitute physical or psychological injury as defined therein.

CULTURAL RIGHTS: The rights to ensure the well-being of the individual and foster the preservation,
enrichment and dynamic evolution of national culture based on the principle of unity of diversity in a
climate of free artistic and intellectual expression. (Art. 15, Economic, Social and Cultural Rights)

CULTURE: A feature of societies that is constantly renegotiated by all people that make up a social unit;
Article 5 of the WOMENS CONVENTION calls for the modification of “the social and cultural patterns of
conduct of men and women, with a view toward achieving elimination of prejudices.”

CUSTODIAL INVESTIGATION: The right of an individual under police investigation to be informed of his
rights, to remain in silence, freedom from torture, right to counsel in writing and signing of any
statements. (RA 7438; Art. III, Sec. 12, pars. 1-4, Phil. Const.)

CUSTOMARY INTERNATIONAL LAW: Law that becomes binding on states although it is not written, but
rather adhered to consistently out of custom; when enough states have begun to behave as if
something is the obligatory law, it indeed becomes law; one of the main SOURCES OF INTERNATIONAL
LAW.

DANGEROUS DRUGS: RA 6425, amended by RA 7659 and 7691, the Dangerous Drugs Act, penalizes
possession of, administering or distributing prohibited narcotic drugs or psychotropic substance.

DEATH PENALTY: RA 7659 imposes death penalty for particular heinous crimes. RA 8177 provides lethal
injection as a method of carrying out capital punishment. The Second Optional Protocol to the Covenant
on Civil and Political Rights aims to abolish death penalty, but was not ratified by the Philippines.
No death penalty shall be imposed on persons below 18 years of age or on any pregnant woman. (Art. 6,
Civil and Political Rights; Second Optional Protocol to the ICPPR Abolishing Death Penalty; Right to Seek
Pardon or Commutation for Sentence, Art. 6(4) Civil and Political Rights)

DANGEROUS TENDENCY RULE: If the words uttered create a dangerous tendency which the state has a
right to prevent, then such words are punishable, x x x. It is sufficient if the natural tendency and
probable effect of the utterance bring about the substantive evil which the legislative body seeks to
prevent such as force, violence or unlawfulness. (Cabansag v. Fernandez, 102 Phil. 163)

DECLARATION: A general statement of principles, not necessarily legally binding but treated with
authority by parties to pursue a certain line of conduct. Example: Universal Declaration of Human Rights.
International human rights declarations are not legally binding; the term is often deliberately chosen to
indicate that the parties do not intend to create binding obligations but merely want to declare certain
aspirations. However, while the 1948 Universal Declaration of Human Rights for example was not
originally intended to have binding force, its provisions have since gained binding character as
customary law. . It may be a unilateral statement which creates rights and duties of other states
Example: Monroe Doctrine; A communication to other states as justification on a line of conduct in the
past or explanation concerning mattes as an exemption to some provisions of a treaty or convention.
Example: Declaration of the Philippines under Art. 310 of the Convention on the Law of the Sea.

Declaration: The term ‘declaration’ is used for various international instruments.

DEMOCRACY: A form of government in which the sovereign power resides in and is exercised by the
whole body of free citizens directly or indirectly through a system o representation, as distinguished
from a monarchy, aristocracy or oligarchy.

DEMOLITION: A total destruction and removal of the existing buildings or squatters’ shanties. (See
Memorandum of Agreement among CHR, Department of Interior and Local Government, National
housing Authority, Department of Public Works and Highways, Heads of metro manila Cities and
Municipalities, etc. on conduct for ejectment and demolition of structures, 26 May 1990, Barangay
Human Rights Action Center Handbook, p. 66)

DEPORTATION: The state has the right to expel from its territory an alien who does not conform to the
local law. But the power should not be arbitrary.

DEPOSIT: After a treaty has been concluded, the written instruments, which provide formal evidence of
a State’s consent to be bound area, placed in the custody of a depository. The texts of the convention on
the Rights of the Child and its Optional Protocols designated the Secretary-General of the United
Nations as their depository. The depository must accept all notifications and documents related to the
treaty, examine whether all formal requirements are met, deposit them, register the treaty and notify
all relevant acts to the parties concerned.

DEROGABLE OR RELATIVE HUMAN RIGHTS: Human rights that may be suspended or restricted on
grounds of national security or interest. Examples are the Right to Travel and the Right to Peaceful
Assembly.
DETAINEE: A person in legal custody, arrested for, and charged with, some crime or public offense. (Arts.
9-10, Civil and Political Rights; RA 7438 on Rights of Person under Custodial Investigation)

(See PRISONERS, TREATMENT OF)

DEVELOPMENT: Traditionally equated with economic growth, as measured by GROSS DOMESTIC

PRODUCT and level of industrialization. Human rights advocates urge that development should
encompass the improvement of peoples well being —wherever they live through a focus on economic
and social justice rather than economic growth per se.

DEVELOPMENT AGGRESSION: A new form of violation of human rights by forcibly displacing of

economically disadvantaged people from their homes and lands due to development projects such as
power plants, dams, industrial zones and gold links.

DEVELOPMENT, RIGHT TO: Right to equal opportunity for development improve standard of living of
nations and individuals. Every human person has the right to participate in, contribute to and enjoy
economic, social, cultural and political development. (Art. 1, Economic, Social and Cultural Rights)

DIPLOMATIC ASYLUM: A privilege granted to a fugitive from justice who is accused of a political crime,
to and seek refuge in the premises of a foreign mission in the receiving state. (Columbia v. Peru, ICJ Rep.
[1950], p. 255; Alfredo Saulo Incident)

(See INTERNATIONAL LAW, COQUIA and SANTIAGO, p. 421)

DIPLOMATIC IMMUNITY: A principle in international law that a diplomatic agent is exempted from the
civil, criminal and administrative jurisdiction of the receiving state. The immunity now includes officials
of international organizations. (Art. 31, Vienna Convention of Diplomatic Relations; International law,
Coquia and Santiago, p. 402)

DIRECT ASSAULT: An act of a person who employs force or intimidation or resists any person in authority
while engaged in the performance of official duties or on occasion of such performance. (Art. 148, RPC)

(See ASSAULT)

DIRECT EVIDENCE: is that evidence which proves a fact in issue directly without reasoning or inferences
being drawn on the part of the fact-finder. (People vs. Ramos, 240 SCRA 191)

DISABLED PERSON: People who have both genetic and acquired physical, mental and psychological
conditions that may require accommodation in order for them to participate fully and equally in society;
See STANDARD RULES ON THE EQUALIZATION OF OPPORTUNITIES FOR PERSONS WITH DISABILITIES.

DISABLED PERSONS, ABUSE OF: Abuse of physically and mentally disabled persons. (RA 7277,
Rehabilitation and Self-Development of disabled Person; Presidential Proclamation No. 125, [15 Jan.
1993]; ILO Convention No. 159 on Vocational and Rehabilitation and Employment of Disabled Persons)

DISAPPEARANCE, FORCED OR INVOLUNTARY: Any person arrested, detained or abducted against his will
by any government official or groups acting in behalf of the government, and whose whereabouts are
unknown. (UN Declaration approved in 1992 for the Protection of All Persons from Forced or Involuntary
Disappearance)

DISCRIMINATION: Failure to treat everyone alike according to prescribed standards or rules. No person
shall be denied the equal protection of the law. (Art. III(1), Phil. Const.; Art. 32(8), Civil Code; Arts. 2 and
4, Civil and Political Rights; Art. 2, Economic, Social and Cultural Rights; Arts. 2, 3 and 4, Convention on
Racial Discrimination)

DISCRIMINATION AGAINST WOMEN: Defined in the WOMENS CONVENTION as “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 the political,
economic, social, cultural, civil or any other field.” (Article 1).

DISPLACED PERSONS: Persons forced to leave their homes due to natural or man-made disasters. If they
have not crossed national borders, they are internally displaced persons. (Protocol II, Additional to the
1949 Geneva Convention; Sec. 22, RA 7610)

A person who flees his or her homeland due to political persecution or war, but does no cross state
borders; displaced persons can be used as a phrase to refer to people who may consider themselves to
be REFUGEES but who do not qualify for official refugee status under the CONVENTION RELATING TO
THE SATUS OF REFUGEES.

Person or group of persons who have been forced or obliged to flee or to leave their homes or places of
habitual residence, in particular as a result of or in order to avoid effects of armed conflict, situations of
generalized violence, violations of human rights, natural or human made disasters. (United Nations
Guiding Principle on Internal Displacements)

Those who are forced to flee their homes but remain within the territory of their own country. They are
unable to cross national borders and reach another internationally recognized state or country were
they could receive protection and assistance, which they desperately need. (United Nation High
Commissioner for Refugees)

DISPLACEMENT: It refers to the actual or the threat of physical, cultural, economic and psychological
dislocation of territorial area-based communities.

This is brought about by conflicting socio-economic policies, programs and processes of government, by
the business and landed sectors which run counter to these communities’ cultural heritage,
constitutional and basic human rights. These create vulnerability by:

Disturbing their social cohesion;

Threatening physical, socio-political and economic security;

Depriving them of their right to genuine information; and

Making the resource base for sustenance and livelihood ecologically fragile.

DIVERSION: an alternative child appropriate process of determining the resolution and treatment of a
child in conflict with the law or the basis of his social, cultural, economic, psychological and educational
background without resulting to formal court adjudication. (Supreme Court Resolution No. 02-1-18-SC)

DOCUMENTARY EVIDENCE: Documents as evidenced consist of writing or any material containing

letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their
contents. (Sec. 2 Rule 130)

DOMESTIC VIOLENCE: Violence among members of a family or household; in these cases, one person
gains power through use of physical or emotional coercion; any person in a household could be the
target of domestic violence but it is most frequently experienced by women.

Acts of gender based violence that results or are likely to result in physical, sexual, or psychological harm
or suffering to a woman, and other forms of physical abuse such as battery or threats and coercion
which violates a woman’s personhood, integrity and freedom of movement. (The Family Court Act of
1997, RA 8369)

DOMICILE, VIOLATION OF: A public officer or employee not being authorized by judicial order, who
enters any dwelling against the consent of the owner, and searches papers and effects. (Art. III, Sec. 2,
Phil. Const.; Art. 32, Sec. 9, Civil Code; Art. 128, RPC; and Art. 17, Civil and Political Rights)

DOUBLE JEOPARDY: Person already convicted or acquitted of a crime or case dismissed, shall not be
tried or punished again for the same offense. (Art. III, Sec. 21, Phil. Const.; Rule 117, Sec. 7, Rules of
Court; Art. 14, Sec. 7, Civil and Political Rights)

The Court held that in order that the protection against double jeopardy may issue in favor of an
accused, the following requisites must be obtained in the original prosecution: (a) a valid complaint or
information; (b) it was filed with a competent court; (c) the defendant had pleaded to the charge; and
(d) the defendant was acquitted, or convicted, or the case against him was dismissed or otherwise
terminated without his express consent.

When the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to
another prosecution for the same offense because his action in having the case dismissed constitutes a
waiver of his constitutional rights or privilege. (People v. Obsania, 23 SCRA 1249 [1968])

The moment a person is acquitted on a criminal charge, he can no longer be arrested or prosecuted for
the same offense. (Toyota v. Ramos, 139 SCRA 136 [1985])

DUE PROCESS OF LAW: A law which hears before it condemns, or which proceeds upon inquiry and
renders judgment after trial. (Art. III, Sec. 1, Phil. Const.)

As a procedural requirement, it is a law which hears before it condemns and as a substantive

requirement, it is a prohibition or arbitrary laws.

The City Ordinance requiring the registration of motel customers and the disclosure of their identity of
filling up forms has not violated due process. The right given to any person the opportunity to be heard
by an impartial tribunal. (Ermita Malate Hotel & Motel Operators Association v. City of Manila, 20 SCRA
849 [1967])

The guarantee extends to aliens. (Villegas v. Hiu Chiong, 86 SCRA 275 [1978])

Due process of law contemplates notice and opportunity to be heard before judgment is rendered
affecting one’s person or property. But what the law prescribe is not the absence of previous notice, but
absolute absence thereof, and the lack of opportunity to be heard. Thus, there is no occasion to impute
deprivation of property where such complaining party was heard on a motion for reconsideration as it
constitutes “sufficient opportunity” for him to inform the tribunal concerned of his side of the
controversy. (Eden v. MOLE, 182 SCRA 840 [1990])

A writ of demolition of the house of petitioner who was not a party in an ejectment case violates her
constitutional right of due process. (Lorenzana v. Cayetano, 78 SCRA 485 [1977])

DUEL, KILLING OF ADVERSARY: A person who kills an adversary in a duel is penalized as a crime of
homicide. (Art. 260, RPC)

Duel is penalized to prevent reprehensible tendencies. If both combatants suffer under injuries, both are
criminally liable. (People vs. Boggel, 7 Phil. 285)

ECONOMIC AND SOCIAL COUNCIL (ECOSOC): United Nations council comprised of 54 members and
concerned primarily with the field of population, economic development, human rights and criminal
justice; high-ranking body that receives and discharges HUMAN RIGHTS reports in a variety of instances.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS: The rights of the people to self-determination, and to
pursue economic, social and cultural development and financial security. The Covenant on Economic,
Social and Cultural Rights provides for rights for economic and social development of people such as
right to work, to social security and to standard of living. Examples: Right to Work; Right to Property.
(Arts. 1,2, Economic, Social and Cultural Rights)

They are affirmative rights set as standard of achievement by the state.

EDUCATION, RIGHT TO: Right to education for full development of a human person. (Art. XIV, Phil.
Const.; Arts. 13 and 14, Economic, Social and Cultural Rights; Adopt a School Act, RA 8525 and RA 8545;
Arts. 18, 19, 28, Convention on the Rights of the Child; RA 8190, every Barangay granted access to
education; RA 6655, provides for free public secondary education; RA 411, Establishing Municipal
Libraries; RA 896, Elementary Education Act; RA 3562, Promotion of Education of the blind; RA 4090,
Providing State Scholarships in Science and Arts to the Poor; RA 6054, Barrio High School Charter; RA
6055, Free Public Secondary Education; RA 7165, creating the Literacy Coordinating Council)

ENFORCEMENT MECHANISMS: REPORTING, COMPLAINT or other procedures at the national, regional or

international level that place obligations on states to make HUMAN RIGHTS real.

ENTRY INTO FORCE: A treaty does not enter into force when it is adopted. Typically, the provisions of
the treaty determine the date on which the treaty enters into force, often at a specified time following
its ratification or a accession by a fixed number of states. For example, the Convention on the Rights of
the child entered into force on 2 September 1990-the 30th day following the deposit of the 20th State’s
instrument or ratification or accession. A treaty enters into force for those states which gave the
required consent.

ENVIRONMENTAL AGGRESSION:

(See DISPLACEMENT)

ENVIRONMENTAL JUSTICE: Term used to express a positive interconnection of environmental and social
rights. Is the fair treatment and meaningful involvement of all people regardless of race, color, national
origin, or income with respect to the development, implementation and enforcement of environmental
laws, regulations and policies. “Fair Treatment “means that no group of people should bear a
disproportionate share of the negative environmental consequences resulting from industrial,
governmental and commercial operations or policies. “Meaningful involvement” means that; (1)people
have an opportunity to participate on decisions about activities that may affect their environment
and/or health; (2) the public contribution can influence the regulatory agency’s decision’ (3) their
concerns will be considered in the decision making process; (4) the decision makers seek out and
facilitate the involvement of those potentially affected. (Oposa v. Factoran)

ENVIRONMENTAL RACISM: Term used to express the disproportionate state of environmental

conditions and health that people of colour endure as one aspect of racial discrimination in society.

EQUAL PROTECTION OF THE LAW: Treatment of all persons similarly situated alike except under
reasonable classifications. (Art. III, Sec. 1, Phil. Const; Art. 32, Sec. 8, Civil Code; Art. 26, Civil and Political
Rights; Covenant on Political Rights of Women)

Petitioner challenged the constitutional validity of RA 6657, otherwise known as the Comprehensive
Agrarian Reform Law of 1988 on the ground that it is volatile of the equal protection clause of the
Constitution by singling out agricultural lands, but does not impose burden against other properties. The
court said that equal protection simply means that all persons or things, similarly situated must be
treated alike both as to the rights conferred and the liabilities imposed. The petitioners have not shown
that they belong to a different class and entitled to a different treatment. The argument that not only
landowners but also owners of the properties must be made to share the burden of implementing land
reform must be rejected. There is a substantial distinction between these two classes of owners that is
clearly visible except to those who will not see. There is no need to elaborate on this matter. In any
event, Congress is allowed a wide leeway in providing for a classification. Its decision is accorded
recognition and respect by the courts of justice except only when discretion is abused to the detriment
of the Bill of Rights. (Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform,
175 SCRA 343 [1989])

The Retail Trade Nationalization Act limiting retail trade to Filipino citizens was not discriminatory
against Chinese nationals because it applied to all aliens. (Ichong vs. Hernandez, 101 Phil. 1150)

Filipino female domestic workers going abroad live in a class by themselves distinguished from Filipino
workers in general working abroad due to special risks to which their class is exposed. Official reports
showed that a number of them had been abused and found themselves without recourse. (Philippine
Association of Service Exporters, Inc. v. Drilon, 163 SCRA 386)
EQUALITY: The notion that all human beings are entitled to the same human rights without distinction.
Article 2 of the UDHR embodies an equality principle. Equality does not necessarily mean treating
people the same but rather taking whatever steps are necessary to promote a more just society for all.

EVIDENCE: is the means sanction by the rules of court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1 Rule 128) Evidence is a medium by which the truth is established, is
the means of proof.

EXEMPTING CIRCUMSTANCE: is a circumstance, which exempts a person from criminal liability by reason
of lack of voluntariness or negligence on his part

EXPERT WITNESS: is one who possesses special knowledge, skills, experience or training and is qualified
to give his opinion on this particular field or area to aid the court in fact finding. (See Sec. 49 Rule 130)

EXPERIMENT ON HUMAN PERSONS, FREEDOM FROM: No one shall be subjected to medical or scientific
experiment without his consent. (Art. 7, Civil and Political Rights)

EXPRESSION OF OPINION AND BELIEF, FREEDOM OF: Right of free expression, opinion or belief and to
impart the same. (Art. III, Sec. 4 and 18 par. 1, Phil. Const.; Art. 19, Civil and Political Rights)

Arbitrary closure of radio station is volatile of freedom of expression. (Eastern Broadcasting Corporation
v. Dans Jr., 137 SCRA 628; Mutuc v. Comelec, 36 SCRA 228 [1970])

EX POST FACTO LAW: A statute which renders a previously innocent act a criminal act, aggravates or
increases the punishment for a crime, alters the rules of evidence, penalizes an innocent act while
assuming to regulate civil rights and remedies, deprives an accused of some protection or defense
previously available, or alters his situation to his disadvantage is unconstitutional. (Art. 15, Civil and
Political Rights; Art. II Sec. 22, Phil. Const.)

Batas Pambansa Blg. 195 which was approved on March 16, 1982, amending Sec. 11 of Ra 3019 by
increasing from ten (10) to fifteen (15) years the period for the prescription or extinguishments of a
violation of the Anti-Graft and Corrupt Practices Act, may not be given retroactive application to the
“crime” which was committed by Paredes in January, 1976, for it would be prejudicial to the accused. It
would deprive him of the substantive benefit of the shorter (10 years) prescriptive period under Sec. 11,
RA 3019, which was an essential element of the “crime” at the time he committed it. (People v.
Sandiganbayan and Paredes, 211 SCRA 241 [1992])

Forfeiture of property under Republic Act No. 1379 shall not apply to properties acquired by the public
officer before the passage of the law has the effect of Ex-Post Facto Law. (Katigbak v. sol. General, 180
SCRA 540, [1989])

EXTORTION: Obtaining property from another induced by wrongful use of force or intimidation. (Art.
294, par. 5, RPC)

“Blackmail” in its metaphorical sense may be defined as any unlawful extortion of money by an appeal
to the fears of the victim especially extortion of money by threats of accusation or exposure. Two words
are expressive of the crime-hush money-the gravamen of the offense is the intent to extort money or
other things of value. The extortion is committed by obtaining property from another without his
consent, induced by wrongful use of fear. The end is the same as in crimes against property, but the
means employed are different. (People v. Eguia & Lozano, 38 Phil. 877)

FAIR TRIAL, RIGHT TO: The right of persons in civil and criminal case to a public hearing by an impartial
tribunal. (Art. 10, Civil and Political Rights; Art. III, Sec. 14(2), Phil. Const.)

FAIR WAGES, RIGHT TO: Right to favorable conditions of work and fair compensation. (Art. 7, Economic,
Social and Cultural Rights; Art. XIII, Sec. 3, Phil. Const.)

FAMILY, STATE PROTECTION OF: Family, as fundamental unit of society, is a basic autonomous social
institution to be protected by the State. (Art. 23, Civil and Political Rights; Art. II, Sec. 12, Phil. Const.;
Art. 10, Economic, Social and Cultural Rights; Art. XV, Secs. 1-4, Phil. Const.; Arts 9-20, Rights of the
Child; Arts. 149 and 152, Family Code)

FAMILY COURT: Court established under Republic Act 8369 whose exclusive original jurisdiction over the
child and family cases is defined under Sec. 5 of said law. (RA 8369)

FELONY: An act or omission punishable under the Revised Penal Code or special statutes committed not
only by means of deceit. (“dolo”) but also through fault (“culpa”). (Art. 3, RPC). Examples are theft and
homicide.

FEMALE GENITAL MUTILATION (FGM): Also known as female circumcision; cultural practice harmful to
women’s health. There are three types: (1) clitoridectomy- partial or total removal of the clitoris; (2)
excision- removal of the clitoris and vaginal lips; (3) infibulation- removal of all external genitals and the
stitching together of the lips with a small opening for menstrual blood and urine.

FIRST GENERATION OF HUMAN RIGHTS: The original basic civil and political rights asserted by the people
against tyrannical rulers during the 13th century. The English Magna Carta of 1215 asserted in negative
terms such as: freedom from arbitrary arrest, freedom from imprisonment for debt.

FORCED LABOR: No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted. (Art. III, Sec. 18(2), Phil. Const.; Art. 2, Convention
Concerning Forced Labor; Art. 274, RPC; Art. 32, Rights of the Child; Art. 8, Civil and Political rights)

A penalty shall be imposed upon any person who, in order to require or enforce the payment of a debt,
shall compel the debtor to work for him, against his will, as household servant or farm laborer. (Art. 274,
RPC).

FORUM SHOPPING: there is forum shopping whenever, as a result of an adverse opinion in one forum,
the party seeks a favorable opinion (other than by appeal or certiorari) from another. (Golangco vs. CA,
283 SCRA 493)

FRESH PURSUIT or hot pursuit: refers to allowing warrantless arrest and searches whereby a police
officer immediately pursues a fleeing suspect.
1503 PROCEDURES: Limited procedures that allow a CLAIMANT to bring a HUMAN RIGHTS case directly
to the Secretary General of United Nations; addresses situations which appear to reveal a widespread
pattern of gross HUMAN RIGHTS abuses.

GENDER: The ways in which roles, attitudes, values and relationships regarding women and men are
constructed by all societies all over the world. While sex is determined by nature, gender is socially
constructed; almost invariably gender distinctions function to subordinate and discriminate against
women.

GENDER-BASED VIOLENCE: Violence committed against women as women; violence particular to

women, such as rape, sexual assault, female circumcision, or dowry burning; violence against women for
failing to conform to restrictive social norms; the VIENNA DECLARATION specifically recognized gender-
based violence as a human rights concern.

GENDER DISCRIMINATION: Discrimination based on socially constructed ideas and perceptions of men
and women.

GENDER-NEUTRALITY: Treatment of a problem without recognition of gender; myth of gender neutrality

in human rights eliminates recognition that treating people identically despite unequal situations
perpetuates rather than eradicates injustices.

GENDER PERSPECTIVES: Notion that problems and solutions should be examined with the implications
of gender in mind. This concept is based on an understanding that in all situations some perspective of
interpreting reality is present. Historically, that perspective has most often been biased towards the
male view and, accordingly, most perspectives on reality have not taken women’s views and experiences
into account, rendering the everyday violations of women’s human rights invisible.

GENDER SPECIFIC CLAIMS: Human rights claims relating to abuse women suffer because of their gender;
when HUMAN RIGHTS are being violated due at least in part to a person’s gender and/or when women’s
experience of a human rights violation differs from men’s experience due to gender-specific
consequences or experiences.

ON TARIFFS AND TRADE (GATT): International organization that seeks to create and enforce a worldwide
set of regulations to reduce trade barriers.

GENERAL PRINCIPLES OF LAW: Principles that appear nearly universally in state’s domestic law and,
thus, over time become binding on all states; one of the main SOURCES OF INTERNATIONAL LAW.

GENERAL WARRANTS OR “JOHN DOES”: Arrests or search warrants without naming persons to be
arrested or things to be searched are void.

Warrants issued against 50 “John Does”, none of whom the witnesses can identify were considered as
general warrants. (Pangandaman v. Casar, 159 SCRA 599, [1988]); Burgos, Sr. v. Chief of Staff, 133 SCRA
800 [1984]). They are also called “Scatter-Shot Warrant” which charges more than one offense, hence,
void. (Tambasen v. People, 246 SCRA 184 [1995])

GENOCIDE: Intentional mass killing or injury of national, ethnic or religious groups. It is a crime against
international law. (UN Convention on Prevention of Genocide, 1948; Art. (3), Civil and Political Rights)
Any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic,
racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental
harm to members of the group; (c) deliberately inflicting the conditions of life calculated to bring about
the physical destruction of the group; (d) imposing measures intended to prevent births within the
group; (e) forcibly transferring children of the group to another group.

(See CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE)

GLOBALIZATION IN GENERAL: Free flow of economic resources, trade liberalization, services ad

information worldwide for the benefit of all persons throughout the world; A new economic
arrangement that will create borderless world. It is a process of incorporation of economics of all
countries into one global economy. (Agreement establishing the World Trade Organization (WTO)
including the General Agreement on Tariffs and Trade (GATT), 1994 and Uruguay Round [1994])

GRAVE THREATS: Threatening another with infliction upon the person, honor or property or his family of
any wrong amounting to a crime. (Art. 282, RPC)

Demonstrators carried placards with threatening statements and trailing the offended party and causing
the latter to seek protection of an army colonel constitutes grave threats. (People v. Reyes, 27 SCRA 686
[1969])

HAMLETTING: Forcible herding of families by the military without justifiable cause. (Protocol II to the
Geneva Convention Relating to the Protection of Victims in Non-International War.) A military program
designed to counter local insurgencies where civilians in the village are relocated to centers called
Hamlets for control. Strategic hamlet is a quasi-permanent settlement with attributes of a typical
community.

HABEAS CORPUS: Writ issued by the Court, directed to a person detaining another, commanding him to
produce the body of an illegally detained person and to justify the reason for said detention. (Art. III,
Sec. 15, Phil. Const.; Art. 9, Civil and Political Rights)

Two civilians were convicted by a military commission during martial law. Their convictions were
nullified by the Supreme Court on the ground that military commissions had no jurisdiction over civilians
but they remained detained until 1994. Petition for a writ of habeas corpus was filed by the Commission
on Human Rights. They were finally released.

Liberty is not a gift of the government but the right of the governed. Every person is free, save only for
the fetters of the law that limit but do not bind him unless he affronts the rights of others or offends the
public welfare. Liberty is not derived from the sufferance of the government or its magnanimity or even
from the Constitution itself, which merely affirms but does not grant it. Liberty is a right that is inherent
in everyone of us as a member of the human family. When a person is deprived of this right, all of us are
diminished and debased for liberty is total and indivisible. (Ordoñez v. Director of Prisons, 235 SCRA 152
[1994])

In general, the purpose of the writ of habeas corpus is to determine whether or not a particular person
is legally held. A prime specification of an application for a writ of habeas corpus, in fact, is an actual and
effective and not merely nominal or moral, illegal restraint of liberty. “The writ of habeas corpus was
devised and exists as a speedy and effectual remedy to relieve persons from unlawful restraint, and as
the best and only efficient defense of personal freedom. A prime specification of an application of a writ
of habeas corpus is restraint of liberty. The essential object and purpose of the writ of habeas corpus is
to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a
person therefrom if such restraint is illegal. Any restraint which will preclude freedom of action is
sufficient.” (Sombong v. CA, 252 SCRA 663 [1996]; Dizon v. Eduardo, 158 SCRA 470 [1988])

HAZING: RA 8049 regulates hazing and other forms of initiation rites in fraternities, sororities and other
organizations and imposing penalties for violations thereof.

Mr. Argosino, a law student was convicted of homicide through reckless imprudence for his participation
in a school fraternity hazing rites wherein a neophyte died. Having passed the bar examinations, the
Supreme Court however, did not allow him to take his oath as a lawyer due to lack of good moral
character required of as member of the bar. (In Re Argosino, 246 SCRA 14 [1995])

HEALTH, RIGHT TO PROTECTION OF: Right of person to health development and protection of
environment. (Art. XIII, Sec. 11, Phil. Const.; Art. 12, Economic and Social Rights; RA 8503, Health
Research Act; RA 8344 penalizes hospital or clinics refusing medical treatment or confinement due to
non-payment of deposit; RA 7875 institutes a national health and Insurance Program; RA 1082
strengthening dental and health services in rural area; RA 1798 establishing island emergency hospitals;
RA 6615 requiring hospitals to extend medical assistance in emergency cases; RA 7307 Magna Carta of
Health Workers; RA 7600 provides incentives to all government and health institution with roaming-in
and breastfeeding practices)

HIGHJACKING: An unlawful compulsion by any person of a change in the course or destination of an

aircraft or usurping the control thereof, while it is in flight for political motives. (Hague Air Highjacking
Convention, 1971; Montreal Convention Against Air Sabotage, 1971)

HOSTAGE: An innocent person held captive by one who threatens to kill or harass him if his demands are
nto met. A person who is given into the possession of the enemy. In time of war, his freedom or his life
to stand as security for the performance of some contract or promise made by the belligerent power
giving the hostage with the other.

(See KIDNAPPING)

HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT: Unwelcome conduct that is so severe or

pervasive as to change the conditions of the claimant’s employment and create an intimidating, hostile,
or offensive work environment. Hostile work environment harassment does not require an impact on an
economic benefit. It may involve coworkers or third parties, not just supervisors. This type of SEXUAL
HARASSMENT is not limited to sexual advances; it can include hostile or offensive behavior based on the
person’s sex.
HOUSEHOLD HELPERS: Essentially, a family servant or one who works in the house or family and serves
the employer and no one else. (Posadas v. Tan Que, 40 OG 4528)

HOUSING, RIGHT TO: Right to adequate food, clothing, and housing. (Art. 11, Economic, Social and
Cultural Rights; Art. XIII, Phil. Const.; RA 7279, Urban Development and Housing Act)

HUMAN RIGHTS: Generally defined as, “those rights which are inherent in our nature and without which
we cannot live as human beings.” (United Nations Definition)

Supreme, inherent and inalienable rights to life, dignity and self-development. It is concerned with
issues on both civil and political rights and economic, social and cultural rights founded on
internationally accepted human rights obligations to which the Philippine government is a party. The
promotion and protection of human rights and fundamental freedom stems directly from the realization
of the international community that, “recognition of the inherent dignity and of the equal and
inalienable rights of all men of the human family is the foundation of freedom, justice and peace in the
world.” (Universal Declaration of Human Rights)

The rights people are entitled to simply for being human, irrespective of their citizenship, nationalist,
race, ethnicity, language, sex, sexuality or abilities; human rights become enforceable as they become
CODIFIED as CONVENTIONS, COVENANTS or TREATIES, or as they become recognized as CUSTOMARY
INTERNATIONAL LAW.

HUMAN RIGHTS PRINCIPLES: HUMAN RIGHTS are related to ones human dignity; they are UNIVERSAL,
INALIENABLE, INDIVISIBLE, INTERCONNECTED AND INTER-INDEPENDENT; governments are obligated to
enforce such rights in a manner that promotes EQUALITY and NON-DISCRIMINATION.

HUMAN RIGHTS SYSTEMS: Refers to the various groupings of human rights laws, courts, investigatory
bodies and other organizations at the national, regional and international levels, which may provide
appropriate ENFORCEMENT MECHANISMS, such as court-like COMPLAINT procedures and audit-like
MONITORING AND REPORTING PROCEDURES.

HUMANITARIAN LAW: The international rules that establish the rights of combatants and
noncombatants in war. (See GENEVA CONVENTIONS)

HUMANITY, CRIME AGAINST: As now defined in the Rome Statute of the International Criminal Court
said crime may consist of murder, exterminations, enslavement, deportation, forcible trade of
population, imprisonment and severe deprivation of the principles of liberty, torture, rape, sexual
slavery, enforced prostitution, forced pregnancy, enforced sterilization, group violence, and apartheid.
HUMAN RIGHTS COMMISSION, (PHILIPPINES) JURISDICTION OF: An independent constitutional body
mandated to promote and protect human rights. To implement the constitutional policy of guaranteeing
full respect for human rights. (Arts. II(11) and XIII, Secs. 17-19, Phil. Const.) It has no adjudicative
powers. Generally it has education, monitoring, investigative, legislative, legal aid, executive and
visitorial powers. (Executive Order No. 163, 1987)

ILLEGAL ARREST: Arrest is illegal, if the arresting officer has no judicial warrant of arrest. (Art. 269, RPC)

(See WARRANTLESS ARREST)

ILLEGAL DETENTION: Detention of a person by any private individual who unlawfully kidnaps, detains or
otherwise deprives such person of liberty without authority. (Art. 267, RPC)

ILLEGAL RECRUITMENT: Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referring, contract services, promising or advertising for employment,
locally or abroad, whether for profit or not without government permit. (Art. 6, RA 8042, Magna Carta of
OFWs)

INALIENABILITY: Concept that HUMAN RIGHTS are universal and that they cannot be taken away under
any circumstances.

INCOMMUNICADO: In Spanish law, the condition of a prisoner who is not permitted to see or to speak
with any person visiting him during his confinement. A person accused cannot be subjected to this
treatment unless it be expressly ordered y the judge, for some grave offense, and it cannot be continued
for a longer period than is absolutely necessary. This precaution is resorted to for the purpose of
preventing the accused from knowing beforehand the testimony of the witnesses, or from attempting to
corrupt them and convert such measures as will efface the traces of his guilt. As soon as the danger has
ceased, the interdiction ceases likewise. (Art. III, Sec. 12(2), Phil. Const.)

(See VISITATION OF PRISONERS)

INDIGENT PARTY: a party may be authorized to litigate his action, claim or defense as an indigent if the
court, upon ex parte application and hearing is satisftied that a party is one who has no money or
property sufficient or available for food, shelter and basic necessities for himself and his family. Such
authority shall include an exemption from the payment of docket and other lawful fees, and of
transcript of stenographic notes which the court may order to be furnished. (Sec 21 Rule 3)
INDIGENOUS CULTURAL MINORITY, RIGHTS OF: They are descendents of the original inhabitants of
many lands, strikingly varied in their cultures, religions and patterns of social and economic
organizations. (Art. XIV, Sec. 17, Phil. Const.; RA 8371, An Act to Recognize and promote Indigenous and
Cultural Rights; RA 8971, the Ancestral Domain Act and Creating the National Commission on Indigenous
People; UN General Assembly Resolution, Calling for the Recognition of Rights of Indigenous People)

INFANTICIDE: Killing of any child less than three (3) days old. (Art. 255, RPC)

INFORMAL SECTOR: Sectorof the ECONOMY that comprises a wide range of unregulated economic and
“extra-legal” activities, generally involving work for pay that does not come in the form of wages, and
employment conditions that are not regulated by local, state or national governments; informality
describes not only the relation of the enterprise to the state, but also the relation between employers
and workers, many of whom are likely to be family, and between buyers and sellers.

INSURGENTS: People who engage in revolt or rebellion against the government of their own country.
Rebellion or insurrection is committed by rising publicly and taking arms against the government for the
purpose of removing from the allegiance against the whole or part of the country. (Art. 134, RPC)

INTERNATIONAL LAW: Rules or principles universally accepted that govern the relations among states,
also called “The of Nations.” A generally accepted principles of international law as part of the law of the
land. (International law by Coquia and Santiago, 3rd ed., p. 1; Art. II, Par. 2, Phil. Const.)

INVOLUNTARY SERVITUDE: Compelling a person to work by use of force, or coercion against his will,
whether paid or not, except for a punishment of a crime whereof the practice shall have been duly
convicted. (Art. III, 18(2) Phil. Const.; Art. 274, RPC; Art. 8, Civil and Political Rights)

(See FORCED LABOR, SLAVERY)

JUDGMENT: the adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil liability, provided for by law on the accused (Revised
Rules of Court Rule 120 Sec. 1)

JURISDICTION: The authority of courts or court-like bodies to hear and decide CLAIMS; can refer to the
courts ability to hear particular subjects and/or to review cases brought by certain types of CLAIMANTS;
jurisdiction can also refer to a geographic area of authority.
JUVENILE, DELINQUENT (YOUTHFUL OFFENDER): A child, minor or youth including one who is
emancipated in accordance with law, who is over nine years but under eighteen years of age at the time
of the commission of the offense.

(See BEST INTEREST OF THE CHILD)

KIDNAPPING OF MINORS: Failure to restore minor children to parents or guardians. (Art. 270, RPC; RA
No. 18)

KIDNAPPING FOR RANSOM: Kidnapping or detaining another depriving him of his liberty for the purpose
of extorting ransom. (Art. 267, RPC)

(See RANSOM)

LABOR (PUBLIC OR PRIVATE SECTOR), STATE POLICY TO PROTECT EQUAL REMUNERATION: The right of
everyone to work to gain his living. 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. (Art. XIII, Sec. 3, Phil. Const.; Convention on the Rights of Migrant Workers and the Members of their
Families (1990); Labor Code of the Philippines; RA 6715, Strengthening Constitutional Rights of Workers
to Self-organization; Arts. 6 and 7, Economic, Social and Cultural Rights; RA 8487, Paternity Leave Act)

LAND MINES: Ottawa Treaty on Anti-Personnel Mines (197) prohibits manufacture and placing land
mines anywhere. The International Humanitarian Law provides for the protection of the lives of civilians
who are victims of land mines placed by combatants during armed conflicts.

LASCIVIOUS CONDUCT: means the intentional touching, either directly or through clothing of the
genitalia, anus, groin, breast, inner thigh, buttocks or the introduction of any object into the genitalia,
anus or mouth to any person , whether of the same or opposite sex, with the intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of the person.

LEVEE IN MASSE: Spontaneous taking arms by inhabitants to resist the invading forces. They must carry
arms openly and to respect the laws of war. I captured by the enemy, they must be treated as prisoners
of war. (Geneva Convention on the Laws of War, 1949)
LIFE, RIGHT TO: Inherent right of every person to life, except in cases of heinous crimes punishable by
death penalty. This right commands the state to guarantee quality of life and decent standard of living.
(Art. 6, Civil and Political Rights; Art. III, Sec. 1, Phil. Const.)

Life includes the right of an individual to his body in its completeness, free from dismemberment,
extends to the use of God-given faculties which make life enjoyable. (Malcolm) [Constitutional Law, p.
320])

(See ABORTION)

LOCK-UP: A secured facility by police for detention of prisoners for investigation.

“MAIL ORDER” BRIDE: This is one form of trafficking of women for prostitution. RA 6955 declares as
unlawful the practice of matching Filipino women for marriage to foreign nationals on a mail-order basis
and other similar practices, including the advertisement, publication, printing or distribution of
brochures, fliers and other propaganda materials in furtherance thereof and providing penalty
therefore. (Art. 23, Civil and Political Rights; Convention on Consent to marriage, Minimum Age,
Registration (1962); Right to marriage and Trafficking of Women; RA 6955, an Act to Declare Unlawful
the Practice of matching Filipino Women for Marriage to Foreign Nationals on a Mail Order Basis; House
Bill Nos. 6479 and 6789 endorsed by the CHR for enactment, sets policies on the Suppression of
Trafficking of Filipino Women; Protection and Rehabilitation of Trafficking; Sexual Servitude Including
Commercialized Transnational and Migration of Women for Entertainment)

MALTREATMENT OF CHILDREN: Emotional abuse, neglect, physical abuse and sexual abuse. Emotional
abuse includes acts or failures to act by parents or caretakers that have caused or could cause, serious
behavioral, cognitive, emotional, or mental disorders. Neglect is the failure to provide for the child’s
basic needs; it may be physical, educational, or emotional. Physical abuse is the inflicting of physical
injury upon a child. Sexual abuse is inappropriate sexual behavior with a child.

MIGRANTS: People who leave their place of origin for economic reasons or other reasons not covered
under the limited definition of REFUGEE under the CONVENTION RELATING TO THE STATUS OF
REFUGEES.

MIGRANT WORKER: A person engaged in remunerated activities in a country of which he is not a

national. (Convention on Protection of Migrant Workers and Their Families, [1990]; RA 8042, Migrant
Workers and Overseas Filipinos Act)

(See ILLEGAL RECRUITMENT)

MINORITY, RIGHTS OF: Equal protection of persons belonging to ethnic, religious, or linguistic minorities.
(Art. 27, Civil and Political Rights; Arts. III, Sec. 3; XIV, Sec. 17, Phil. Const.)

(See INDIGENOUS CULTURAL MINORITIES)

MIRANDA DOCTRINE: Rights of a detained person to be informed of the charges against him and to be
assisted by independent and competent counsel of his choice when making a statement and to remain
silent. (Art. III, Sec. 12(1), Phil. Const.; Art. 14, Civil and Political Rights; RA 7438)

MONITORING AND REPORTING PROCEDURE: Procedures not generally resulting in legally enforceable
remedies; monitoring and reporting procedures resemble “audits” of government behavior which
results in NON-BINDING recommendations. In some cases, the reporting resembles a self-inspection;
governments report on their own compliance with human rights obligations or a monitoring body
initiates the report on government behavior.

MURDER: Killing of a person with attendant circumstances of treachery, superior strength, for a price or
reward, by fire, poison, explosion or by any means involving great waste, evident premeditation or with
cruelty. (Art. 248, RPC)

MUTILATION: An intentional lopping or clipping off some essential organ for reproduction of the
offended party to deprive him of that part of his body without intent to kill. It includes castration or
elimination of reproductive organ. (Art. 262, RPC)

NATIONALITY: Right of all persons including children, refugees and stateless persons to acquire
nationality or citizenship. (Art. 24, Civil and Political Rights; Convention on the Rights of the Child;
Convention on Nationality of Married Women, 1957; Art. IV, Phil. Const.)

(See STATELESS PERSONS)

NATURAL RIGHTS: God given and inherent rights generally acknowledged by civilized society as morally
good. They are usually unwritten. Examples are: the right to life, right to dignity, and the right to be
recognized as a person.

NEGATIVE RIGHTS: The rights expressed in negative term which specify abuses from which people
should be protected. Examples: No one shall be subjected to arbitrary arrests, be discriminated against,
nor to torture. They are negative because they impose restraints on the government.
NEGLIGENCE: pertains to the failure to observe such care as a reasonably prudent and careful person
produce under similar circumstances; it is doing of an act which a person of ordinary prudence would
not have done under a similar circumstances or failure to do what a person of ordinary prudence would
have done under similar circumstances.

NEGLECT: means failure to provide, for reasons other than poverty, adequate food, clothing, shelter,
basic education or medical care so as to seriously endanger the physical, mental, social and emotional
growth and development of the child.

NON-DISCRIMINATION: Principle that people may not be treated differently based on arbitrary and
impermissible criteria; discrimination based on grounds of race, sex, disability, sexual orientation,
geographic location or any other status violates human rights. CEDAW defines DISCRIMINATION
AGAINST WOMEN.

NON-GOVERNMENTAL ORGANIZATIONS (NGOs): Private international organizations that serve as

mechanisms for cooperation among private national groups in international affairs particularly
economic, social, humanitarian and technical fields. (Art. 71, UN Charter). More than 300 groups are
given consultative status in the UN for working to promote and protect human rights.

NON-REFOULMENT: The state authorities who refuse to grant a person seeking political asylum should
not compel him to return to the country where he came from.

OPINION, BELIEF, FREEDOM OF: Right of freedom of thought, conscience and religion. Right not to be
imprisoned for ideological or political belief or press freedom and aspirations. (Art. III, Sec. 18, Phil.
Const.; Art. 18 and 19, Civil and Political Rights; Art. 2, Economic, Social and Cultural Rights; Art. 33,
Convention Relating to the Status of Refugees, 1950)

OPTIONAL PROTOCOL: Adjunct or addition to treaty or convention to make the implementation more
effective. Example: the First and Second Optional Protocols to the International Covenant on Civil and
Political Rights. They have to be ratified or acceded to by the State parties to be legally binding.
Addendum to an international agreement to which the STATE PARTIES must agree separately; often
places additional obligations to the parties, such as an agreement to submit to the jurisdiction of an
international court.

Optional Protocol: The term ‘protocol’ is used for an additional legal instrument that complements and
add to a treaty. A protocol may be on any topic relevant to the original treaty and is used either to
further address something in the original treaty, address a new or emerging concern or add a procedure
for the operation and enforcement of the treaty-such as adding an individual complaints procedure. A
protocol is ‘optional’ because it is not automatically binding on States that have already ratified the
original treaty; States must independently ratify or accede to a protocol. The Optional Protocols to the
Convention on the rights of the child concern the involvement of children in armed conflict and the sale
of children, child prostitution and child pornography.

OVERT ACT: is an untoward act done in pursuance and in manifestation of a criminal intent or design.
(People vs. Go Kay, CA, 54 OG 2225; People vs. Somera, CA, 52 OG 3973)

PARDON OR COMMUTATION, RIGHT TO SEEK: Any person sentenced to death has a right to seek
pardon, commutation or amnesty. (Art. 6[4], Civil and Political Rights; Art. VII, Sec. 19, Phil. Const.)

(See AMNESTY)

“PARENS PATRIAE, DOCTRINE OF “FATHER OF HIS COUNTRY”: The inherent power and authority of the
state to provide protection of the persons non-sui juris. (Art. 10, Civil and Political Rights)

PARI DELICTO: Where both disputing parties in a contract are at fault, there is no valid ground for
recovery. (Art. 1412, par. 1, Civil Code)

PARRICIDE: Killing of his own father, mother, child, any legitimate, ascendant, descendant or spouse.
(Art. 246, RPC)

PAROLE: A conditional release of prisoner, generally under supervision of a parole officer, who has
served part of the term for which he was sentenced to prison. Such privilege may be revoked if he fails
to observe the conditions provided in the parole order.

PARTICIPATORY RIGHTS: The rights of person to take part in processes that control their lives such as
suffrage, right of assembly, choice of job and cultural activity. (Art. V, Phil. Const.; Arts. 6 & 7, Economic,
Social and Cultural Rights; Art. 15, Civil and Political Rights)
PEOPLES’ RIGHTS: Used synonymously with SOLIDARITY RIGHTS and COLLECTIVE RIGHTS; refers to the
rights of groups, not just individuals, such as the s to development, peace and a healthy environment.

PHYSICAL INJURIES: Assaulting or attacking another causing injuries, serious, less serious, or light
depending on the period of recovery without intent to kill. (Arts. 262-265, RPC)

POLICE POWER: The authority of the state to enact legislation that may interfere with personal liberty in
order to promote the general welfare. (Sec. 16, RA 7160, Local Government Code)

POLITICAL ASYLUM: Grant to a person seeking refuge in one state due to political persecution in his own
country. Everyone has the right to seek and enjoy in other countries asylum from persecution. (Art. 14,
United Nations, Universal Declaration of Human Rights)

(See ASYLUM)

POLITICAL CRIME: An offense committed by a person against his own country due to political or
ideological motives. Examples: Rebellion and sedition. All acts of violence pursuant to rebellion are
absorbed in rebellion. (People v. Geronimo, 100 Phil. 80)

POLITICAL IMMOLATION: In general, any crime directed against the government; e.g. treason and
sedition which includes any violent political disturbance without reference to specific crime. (Art. 134,
RPC)

POLITICAL KILLING: The deliberate killing of persons by reason of political belief, religion, conscientious
belief, ethnic origin, sex, color, language carried by order of a government.

POLITICAL PRISONERS: A person detained for commission of an act or declaration which has political
significance against the state or its authorities. Example: Rebels fighting the government for political or
ideological motives. (Arts. 18 & 19, Civil and Political Rights)
POLITICAL REPRESSION: Conduct of the government that restricts through pressure or force that hinder
expression, activity or development of political ideas. (Art. 18, Civil and Political Rights; Art. 12,
Economic, Social and Cultural Rights; Art. III, Sec. 18, Phil. Const.)

POLITICAL RIGHTS: Right to participate directly or indirectly in the establishment or administration of

government. (Art. 25, Civil and Political Rights; Art. III, Sec. 4, Phil. Const.; Art. V on Suffrage, Phil.
Const.). They are rights to enable people to participate in running the affairs of the government directly
or indirectly. Examples: the right to vote and the right to be voted upon for public office. These refer to
group rights because they are not usually exercised by individuals acting alone but through association
or political parties.

POLLUTION: any act of alteration of physical or biological properties of any land, waters or atmosphere
or the discharge of materials dangerous to public health.

PRELIMINARY INVESTIGATION: An inquiry made by a judicial officer for the purpose of determining
whether there is a reasonable ground to believe that a person has committed a crime so a warrant of
arrest can be issued. (Rule 112, Sec. 1, Rules of Court)

PRIMA FACIE CASE: is that amount of evidence which would be sufficient to counter balance the general
presumption of innocence and warrant a conviction, if not encounter and controlled by evidence
tending to contradict it, and render it improbable, or to prove other facts inconsistent with it in the
establishment of a prima facie case must not take away the presumption of innocence which may in the
opinion of the judge such as to rebut and control it. (Bautista vs. Sarmiento, 138 SCRA 587)

PROBABLE CAUSE: Such reasons, supported by facts and circumstances, as will warrant a cautious man
in the belief that his action and the means taken in prosecuting it are legally just and proper. It is such
facts and circumstances antecedent to the issuance of warrant that are in themselves sufficient to
induce a cautious man to rely upon him and act in pursuance thereof.

PROCEDURE: In terms of HUMAN RIGHTS MECHANISMS, procedures are the various ways in which
human rights CLAIMS can be made; see COMPLAINT-INFORMATION PROCEDURE, COMPLAINT-
RESOURCE PROCEDURE, and MONITORING AND REPORTING PROCEDURE.

OPTIONAL PROTOCOL: The term ‘protocol’ is used for an additional legal instrument that complements
and ads to a treaty. A protocol may be on any topic relevant to the original treaty and is used either to
further address something in the original treaty, address a new or emerging concern or add a procedure
for the operation and enforcement of the treaty-such as adding an individual complaints procedure. A
protocol is ‘optional’ because it is not automatically binding on States that have already ratified the
original treaty; States must independently ratify or accede to a protocol. The Optional Protocols to the
Convention on the rights of the child concern the involvement of children in armed conflict and the sale
of children, child prostitution and child pornography.

PROSTITUTION, TRAFFICKING IN: Prostitution is the practice of a female in offering her body to
indiscriminate sexual intercourse for pay. (Arts. 202, 341, RPC; B.P. Blg. 92 (1980) and 86 (1982);
Convention for the Suppression on the Traffick of Persons and of the Exploitation of the Prostitution of
Others (1949))

PROTOCOL: A supplement to a treaty or international agreement for more detailed implementation.

Example: Optional Protocol to the International Covenant on Civil and Political Rights.

(see OPTIONAL PROTOCOL)

PSYCHOLOGICAL INJURY: means harm to a child’s psychological or intellectual functioning which maybe
exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior or a combination of
said behavior, which may be demonstrated by a change in behavior, emotional response or cognition.

QUID PRO QUO SEXUAL HARASSMENT: A form of SEXUAL HARASSMENT occurring when an employee is
required to choose between submitting to sexual advances or losing a tangible benefit. The harasser
must have power to control the employee’s employment benefits.

RACISM: Racial ideologies, prejudiced attitude, discriminatory behavior based on race, color, national or
ethnic origin for the purpose of nullifying the enjoyment or exercise on equal footing human rights and
fundamental freedom. (Art. 1, International Convention on the Elimination of All Forms of Racial
Discrimination [1965])

(See APARTHEID)

RANSOM: Money, price or consideration paid or demanded for redemption of a captured or kidnapped
person for his release. (Art. 267, RPC, amended by RA 1084)

RAPE: Carnal knowledge of a woman by force, or who is unconscious or is below 12 years old. (Art. 335,
RPC; Rape Victim Assistance Act, RA 8505)
RATIFICATION : Ratification is an act by which a State signifies an agreement to be legally bound by the
terms of a particular treaty. To ratify a treaty, the State first signs it and then fulfills its own national
legislative requirements. Once the appropriate national organ of the country- Parliament, Senate, the
Crown, Head of State or Government, or a combination of these- follows domestic constitutional
procedures and makes a formal decision to be a party to the treaty. The instrument of ratification, a
formal sealed letter referring to the decision and signed by the State’s responsible authority, is then
prepared and deposited with the United Nations Secretary-General in New York. A State ratifies or
adheres to a treaty to be legally bound thereof, (Art. 14, Vienna Convention on Treaties).

REBEL: A person who participates in an armed group attempting to overthrow the government. (Art.
134, RPC)

REBEL RETURNEE: A rebel who returns within the fold of law. He either surrenders or takes advantage of
an amnesty proclamation.

REFUGEE: A person due to a well-founded fear of being persecuted for reasons of race, color, religion,
nationality, association or political opinion is outside of the country of nationality and is unable, or
owing to such fear is unwilling to avail himself of the protection of that country. (Art. 1(2), Convention
Relating to the Status of Refugees [1951]; 2nd Protocol [1951]; Convention on Stateless Persons [1954]).
A person fleeing from war or famine is also considered a refugee. He is entitled to the standards of
treatment under the Convention on the Status of Refugees.

A person who has fled from the country of origin to escape persecution or fear of persecution based on
race, religion, nationality, membership of a particular social group or political opinion. People who leave
their homes but who do not cross country boundaries are called DISPLACED PEOPLE. People who meet
the requirements for refugee status under the CONVENTION RELATING TO THE STATUS OF REFUGEES
are called “Convention Refugees.”

A person who committed an ordinary crime and escapes to another country is not a refugee.

(See NON-REFOULMENT)

A person who owing to external aggression, occupation, foreign domination or events seriously
disturbing public order in either part or the whole of his country or origin or nationality is compelled to
leave his place of habitual residence in order to seek refuge in another place outside his country of
origin or nationality. (United Nations Guiding Principles on Internal Displacements, UNGPID)

RELIGIOUS FREEDOM AND THOUGHT, RIGHT OF: Right of a person to worship and exercise freedom of
any religion. (Art. III, Sec. 5, Phil. Const.; Art. 32, Sec. 1, Civil Code; Art. 18, Civil and Political Rights; UN
Declaration in the Elimination of all Forms of Intolerance and of Discrimination Based on Religious Belief
[1981])

REMEDY, RIGHT TO: Persons whose human rights have been violated, shall have an effective remedy.
The competent authority shall enforce such remedies granted. (Art. 2, Civil and Political Rights; Art. III,
Sec. 11, Phil. Const.)

(See FREE ACCESS TO COURTS)

REPRISAL: Form of retaliation by a state obtaining reparation or satisfaction of acts of the offending
state through unlawful means. The UN Charter prohibits the use of force for this method.

REPUTATION, RESPECT OF: Any public and malicious imputation of a crime, or of a vice or defect, or any
act tending to cause dishonor, discredit or contempt of a person or blacken the memory of a dead
person. Everyone has the right of the protection of the law against attacks on his honor and reputation.
(Arts. 355, 378, RPC; Art. 17, 19, Civil and Political Rights; Art. 12, Universal Declaration of Human Rights)

RES GESTAE: matter incidental to the main fact. In law of evidence those circumstances, which are not
deliberate acts of the parties, in which are incidental to act litigated.

RES JUDICATA: A doctrine which precludes parties from relitigating between parties on issues already
litigated and determined by a prior final judgment.

RESTORATIVE JUSTICE- is a response to crime that emphazises healing the wounds of victims, offenders,
and communities caused or rebuilt by criminal behavior. It involves a way of thinking about crime and its
aftermath that is different from traditional criminal justice in three important ways:

First, a restorative perspective focuses our attention on the healing that needs to take place in the
aftermath of crime. Second, it underscores for us the obligation of offenders to repair the damage they
have caused by making amends to the people they have harmed. Third, restorative justice seeks to
invcilve all parties who have been affected by the crime and who have a stake in its resolution of in the
prevention of similar crimes in the future. (Prison Fellowship International)

RIGHT TO SPEEDY TRIAL: the right of all persons to an expeditious disposition in their cases before all
judicial, quasi-judicial or administrative bodies.
SALVAGING: Summary or extra-judicial execution of individual by government or military forces. (Art. III,
Sec. 1, Phil. Const.; Art. 6, Civil and Political Rights). No one shall be arbitrarily deprived of his life.

(See ARBITRARY EXECUTION)

SATURATION DRIVE-AERIAL TARGET ZONING: Instantaneous deployment of large number of police

authorities in a community with simultaneous searches usually resulting in mass arrests. (Art. III, Sec. 2,
Phil. Const.; Art. 17, Civil and Political Rights)

(See SEARCHES AND SEIZURES, ARREST)

SEARCH WARRANTS: an order in writing issued in the name of the People of the Philippines signed by
judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court. (RRCP, Rule 126 Sec. 1)

SEARCHES AND SEIZURES, FREEDOM FROM: Any search and seizure must be duly authorized by judicial
officer unless the case falls under Warrantless Arrests and Searches. (Art. III, Sec. 2, Phil. Const.; Art. 32,
Sec. 9, Civil Code; Art. 17, Civil and Political Rights)

SECOND GENERATION OF HUMAN RIGHTS: They are the economic, social and cultural rights which trace
their origin from socialist doctrines to achieve economic and social equality. (International Covenant on
Economic, Social and Cultural Rights)

SELF-DETERMINATION, RIGHT TO: Right of people to determine their political, economic and social
development status. (Art. II, Sec. 7, Phil. Const.; Art. I, Economic, Social and Cultural Rights; Art. 1, Civil
and Political Rights). The people have the right to freely determine their political status and pursue their
economic, social and cultural development. (The Struggle of Colonial People for Independence, 1960 UN
Declaration of Colonial Independence)

SELF-INCRIMINATION, RIGHT AGAINST: Right not to be compelled to be a witness against himself. (Art.
III, Sec. 17, Phil. Const.; Art. 32, Sec. 17, Civil Code; Art. 14, Civil and Political Rights)

SENIOR CITIZEN: RA 7432, Senior Citizens Act. ID holders are senior citizens can avail of 20% discount on
transportation, hotels, restaurants and drug stores.
RA 7876, establishing Senior Citizens Center in all cities and municipalities.

(See RIGHTS OF THE ELDERLY)

SEXUAL ASSAULT: Includes rape and other forms of physical attack of a sexual nature. See VIOLENCE
AGAINST WOMEN and MALTREATMENT OF CHILDREN.

SEXUAL HARASSMENT: Any sexual favor demanded by an employer, teacher, coach, trainer, over
another in a work or training or education as condition of hiring, employment, giving of passing grade,
granting of honor and scholarship, payment of stipend or allowance or benefits. (RA 7877, The Anti-
Sexual Harassment Law; Convention on the Elimination of Discrimination Against Women)

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or
implicitly affects an individual’s employment, unreasonably interferes with an individual’s work
performance or creates an intimidating, hostile or offensive work environment; two types of sexual
harassment recognized under some countries laws are QUID PRO QUO SEXUAL HARASSMENT and
HOSTILE ENVIRONMENT SEXUAL HARASSMENT.

SIGNATURE: ‘Signature’ of a treaty is an act by which a State provides a preliminary endorsement of the
instrument. Signing does not create a binding legal obligation but does demonstrate the State’s intent to
examine the treaty domestically and consider ratifying it. While signing does not commit a State to
ratification, it does oblige the State to refrain from acts that would defeat or undermine the treaty’s
objective and purpose.

STATE PARTY. State party: A ‘State party’ to a treaty is a country that has ratified or acceded to that
particular treaty, and is therefore legally bound by the provision in the instrument.

SLAVERY, SLAVE TRADE AS INTERNATIONAL CRIME: The status or condition of any person over whom
any or all the power attaching of the rights of ownership are exercised. Slave trade includes all acts
involved in the capture, as question or disposal of a person with the intent to reduce him to slavery.
(International Convention on Slavery (1962) and Slave Trade 1956; Art. 8, Civil and Political Rights; Art.
III, Sec. 18(2), Phil. Const.; Art. 8, Civil and Political Rights)

(See INVOLUNTARY SERVITUDE)

SOCIAL SECURITY, RIGHT TO: A system which provides benefits and protection for retirement, old-age
and survivors’ benefits. (RA 1161, Social Security Act; Arts. 9 and 10, Economic, Social and Cultural
Rights; RA 8425 creation of the National Poverty Commission to pursue the Social Reform Agenda; RA
8282, the Social Security Act of 1997, increasing the coverage of the Social Security Law)

SOLITARY CONFINEMENT: Complete isolation of a prisoner from all human society, his confinement so
arranged that he has no direct intercourse with human beings. (Art. 10, Civil and Political Rights; Art. XIII,
Sec. 18(4) on visitorial powers of the Commission on Human Rights over jails, prisons and detention
facilities; Art. III, Sec. 19, par. 2, Phil. Const.)

(See INCOMMUNICADO)

SPEECH, FREEDOM OF: No law shall be passed abridging the freedom of speech. (Art. III, Secs. 4 and
18(1), Phil. Const.; Art. 32, Sec. 11, Civil Code; Art. 19, Civil and Political Rights)

(See FREEDOM OF EXPRESSION, FREEDOM OF THE PRESS)

SPEEDY AND PUBLIC TRIAL, RIGHT TO: Freedom from unreasonable delay in the trial of criminal cases;
trial must be open to the public. (Art. III, Sec. 16, Phil. Const.; Art. 32, Sec. 16, Civil Code; Art. 14,
Covenant on Civil and Political Rights; Republic Act 8493)

SQUATTERS, EVICTION OF AND DEMOLITION OF DWELLING: Eviction of squatters and demolition of their
dwellings must be made in a humane manner. (RA 7279, Urban Development and Housing Act; RA 8368
Decriminalizing squatting repealing PD 722)

(See DEMOLITION)

STATE: often synonymous with country; a group of people permanently occupying a fixed territory,
having common laws and government and capable of conducting international affairs.

STATE WITNESS: is one of two or more persons jointly charged with the commission of a crime but who
is discharged with his consent as such accused so that he may be a witness for the State. He shall only be
discharged after the court as required the prosecution to present evidence and his sworn statement at a
hearing in support of the court is satisfied that the requirements in Sec. 9 of Rule 119 are present.
(People vs. Ferrer, 255 SCRA 19)

STATELESS PERSONS, RIGHT OF: Persons not recognized by any state as one of its nationals. They have
the same rights of aliens in a country. (Convention Relating to the Status of Stateless Persons, 1960)
STATES PARTIES: Governments that have ratified a TREATY.

STATUTORY RAPE: Sexual intercourse with a girl below 12 years. The prosecution is not required to
prove that the intercourse was without consent because a girl below 12 years of age is considered
incapable of giving consent. (Art. 335, RPC)

STATUTORY RIGHTS: Rights provided by a legislative enactment. Examples: Right of a person under
custodial investigation. (RA 7438)

STOP AND FRISK RULE: is the vernacular designation of the right of a police officer to stop a citizen on
the street, interrogate him, and part him for weapons. (Manalili vs. CA, 280 SCRA 400)

STRIKE AREA: It is the establishment of the employer struck against, as well as the immediate vicinity
actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said
establishment. (BP 227; Art. 260, Labor Code)

STRIKE BREAKER: Any person who obstructs, impedes, or interferes with by force, violence, coercion,
threats or intimidation any peaceful picketing by employees during any labor controversy affecting
wages, hours, or conditions of work or in the exercise of the right of self-organization or collective
bargaining. (BP 227)

STRIKE, RIGHT TO: Right of workers to organize for collective bargaining and to strike in accordance with
law. (Art. XIII, Sec. 3, Phil. Const.; Art. 8, Economic, Social and Cultural Rights; Art. 260, Labor Code)

STUDENTS, RIGHTS OF: A right to protect the interest of students from unreasonable regulations of the
school administration and to express their views on concerns affecting them. (Republic Act No. 7079,
The Campus Journalism Act of 1991)
SUBPOENA: A process directed to a person requiring him to attend and to testify at the hearing of the
trial of an action, or at any investigation conducted under he law, or the taking of his deposition. It may
also require him to being with him any books, documents, or other things under this custody in which
case it is called subpoena “duces tecum”. (Rule 21, 1997 Rules of Civil Procedure)

SUFFRAGE, RIGHT OF: Right to vote and be voted for a public office. (Art. V, Phil. Const.; Art. 32, Sec. 5,
Civil Code; Arts. 4 and 25, Civil and Political Rights). Right to take part in elections to vote and be voted
upon in a public office. (Art. 2, Civil and Political Rights)

SUBSTANTIAL EVIDENCE: means that the amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion. (Sec. 5, Rule 133)

TEMPORARY RESTRAINING ORDER (TRO): it is an interlocutory order issued in a case to maintain the
subject mater of the controversy in status quo until the hearing of the main application for a preliminary
injunction is held. (Board of Transportation vs. Castro, 125 SCRA 410)

TESTIMONY: a declaration made by witness under oath or affirmance. (PP vs. Tolentino)

THIRD GENERATION OF HUMAN RIGHTS: A still developing form of human rights which include collective
rights interlinking the first and second generations of human rights. Some examples are: the prosecution
of acts of, violation of laws of war, killing or injuring civilians, women and children during internal armed
conflict and aggression.

TORTURE: any act by which severe pain or suffering whether physical or mental is intentionally inflicted
on a person to obtain information or confession. (Art. III, Sec. 19, Phil. Const.; Art. 7, Civil and Political
Rights; Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment,
RA 7438)

TRAVEL, RIGHT TO: Everyone has the right to leave any country including his own and to return to his
country. (Art. 12, Sec. 4, Civil and Political Rights; Art. III, Sec. 6, Phil. Const.). The right to travel and
liberty of abode are distinct from the right to return to one’s country as shown by the fact that the
Universal Declaration of Human Rights and International Covenant on Civil and Political Rights have
separate guarantees for these. Hence, the right to return to one’s country is not covered by specific right
to travel and liberty of abode.
(See LIBERTY OF ABODE)

TREATY: Formal agreement between states that defines and modifies their mutual duties and
obligations; used synonymously with CONVENTION. When national governments RATIFY treaties, they
become part of their domestic legal obligations.

Treaty: A ‘treaty’ is a formally concluded and ratified agreement between States. The term is used
generically to refer to instruments binding at international law, concluded between international
entities (States or organizations). Under the Vienna conventions on the Law of Treaties, a treaty must be
(1) a binding instrument, which means that the contracting parties intended to create legal rights and
duties; (2) concluded by states or international organizations with treaty-making power; (3) governed by
international law and (4) in writing.

TUMULTOUS AFFRAY: When, while several persons, not composing groups organized for the common
purpose of assaulting or attacking each other reciprocally, quarrel and assault each other in a confused
and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained
who actually killed the deceased, or the person or persons who inflicted serious physical injuries can be
identified, all who used violence are guilty. (Art. 251, 252, RPC)

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)(1948): Primary United Nations document

establishing human rights standards and norms; although intended to be NON-BINDING, through time
its various provisions have become so respected by itates that it can be said to be CUSTOMARY
INTERNATIONAL LAW; one of three components of the INTERNATIONAL BILL OF RIGHTS.

SIGNATURE of a treaty which a State provides a preliminary endorsement of the instrument. Signing
does not create a binding legal obligation but does demonstrate the State’s intent to examine the treaty
domestically and consider ratifying it. While signing does not commit a State to ratification, it does
oblige the State to refrain from acts that would defeat or undermine the treaty’s objective and purpose.

STATE PARTY to a treaty is a country that has ratified or acceded to that particular treaty, and is
therefore legally bound by the provision in the instrument.

UNLAWFUL AGGRESSION: is equivalent to assault or at least threatened assault of an immediate and

imminent kind.
URBAN POOR, RIGHTS OF: Provincial folks who flock to cities or big towns without sufficient means of
livelihood and dwelling. (RA 580, creating the Home Finance Commission; RA 6126, regulating “Abot-
Kaya Pabahay Fund”; RA 7279, the Urban Poor Development and Housing Act)

RA 8437 extended the period of rent control for residential units. RA 8368 repealed PD 772 penalizing
squatting.

(See SQUATTERS)

VISITATION OF PRISONERS: Right of family members to visit detained persons. (Arts. 9 & 10, Civil and
Political Rights; RA 7438). It may also mean the right of the Commission on Human Rights to visit jails
and prisons to determine violation of human rights. (Art. XIII, Sec. 18, par. 4, Phil. Const.)

VIOLENCE AGAINST WOMEN: any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or private life. Violence against women
includes, but is not be limited to, the following: a) Physical, sexual and psychological violence occurring
in the family, including battering, sexual abuse of female children in the household, dowry-related
violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-
spousal violence related to exploitation; b) Physical, sexual and psychological violence occurring within
thegeneral community, including rape, sexual abuse, sexual harassment and intimidation at work, in
educational institutions and elsewhere, trafficking in women and forced prostitution; c) Physical, sexual
and psychological violence perpetrated or condoned by the State, wherever it occurs.

WARRANTLESS ARREST AND SEARCH: Any police officer or private person may arrest a person who
committed or is actually committing or attempting to commit an offense or has personal knowledge that
he as committed the offense or a prisoner who has escaped. (Rule 113, Sec. 5, Rules of Court)

WITNESS PROTECTION AND SECURITY: RA No. 6981 provides for protection of a witness, security and
benefit program from harassment or who have testified, or about to testify in any case pending before
any judicial or quasi-judicial body. Witness is given protection, security, and financial assistance. Article
XIII, Sec. 18(8) provides for grant of immunity to a witness by the Commission on Human Rights.

WOMEN, DISCRIMINATION OF: Discrimination against women means any distinction, exclusion or
restriction made on the basis of sex which has the effect of impairing the recognition or exercise of
women. 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 was declared unlawful by the
Secretary of Labor. (Ziasta vs. Philippine Airlines, Case No. RO 433399, May 27, 1996)
WOMEN’S HUMAN RIGHTS: Political strategy to underscore that women’s rights are HUMAN RIGHTS,
that is rights to which women are entitled simply for being human. This strategy adds both a focus on
women into the human right movement and an emphasis on HUMAN RIGHTS PRINCIPLES into the
women’s rights movement; the main international document stating women’s HUMAN RIGHTS is the
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.

ZONE OF PEACE: children shall not be the object of attack in armed conflicts. They shall be protected
primarily from violence, assault or torture. (Arts. 37 & 39, Convention on the Rights of a Child; Protocol II
to the Geneva Convention Relating to Protection of Victims of Non-International Conflict; RA 7610)

(See CHILDREN IN ARMED CONFLICT)

Is a site with sacred, religious, historic, educational, culktural, geographical and/or environmental
importance, protected and preserve by its own community and officially recognized by a governmental
authority as a sanctuary which operates within ethical principles of non violence, free from weapons,
acts of violence, justice and environmental degradation.

The official declaration or recognition of zone of peace expresses commitments on the part of its
community, governmental authority and, if appropriate, religious leadership to preserve the peaceful
integrity of the designated sentence. Its custodians, members, participants and visitors exemplify
mutual respect and non violent behaviuor while on the site, and share their resources for furthering
peace and cooperation.

The principle long term objective of establishing zones of peace is to contribute the creation of global
culture of peace, advancing a more just and secure world spiritually, socially and economically. It is
hoped that zones of peace eventually may spread to encompass the entire planet. (Zones of Peace
International Foundation)