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RIGHT TO EFFECTIVE JUDICIAL REMEDY  Crimes that may be committed that

PAO – should the poor litigant win in the case, but constitute the crime of invasion
summons cannot be paid because no fees paid by
the litigant If the return indicates that the person detained
Any fees not paid by litigant by virtue of financial has committed a crime which is a not the ground
incapability. From the award given to the litigant. used in the suspension of the privilege of WoHC,
Whatever fees not paid for the service of summons then, a proceeding will continue to determine
and other related document shall serve as lien shall whether there is lawful detention of that
be deducted to the award if litigant wins. person.
IBP and other lawyers organization
Lawyers are mandated to render free legal services 2) Writ of Amparo – a remedy available to a
Case Idileon person whose right to life, liberty and security
Annual membership fee required – he shaid it should is violated or threatened with violation by an
not be required when the right to association unlawful act or omission of a public official or
includes the right not to associate. employee or of a private individual or entity.
But by virtue of being a lawyer, you become a - this shall cover extrajudicial killings
member thereof, the only thing required of you to and enforced disappearances or
associate with lawyers is to pay the membership fee. threats thereof.
Women lawyer’s association
Free access to courts – corruption, ignorance, and 3) Writ of Habeas Data – remedy available to
arrogance any person whose right to privacy in life,
liberty or security is violated or threatened
Writ = Order with violation by an unlawful act or omission
Writs that can be availed of: of a public official or employee or of a private
1) Writ of habeas of corpus – order from the court individual or entity engaged in the gathering,
issued by a judge directed to a person detaining collecting or storing the data or information
another, commanding him to produce the body regarding the person, family, home and
of a prisoner at a designated time and place. correspondence of the aggrieved party.

can only be suspended on the basis of rebellion Lending institutions on debtors - Destroy any
and invasion when public safety requires it. information that may have been collected,
In the declaration of martial law, the privilege of gathered and stored
HC is not automatically suspended because
martial law may be declared on other grounds. Right to be presumed innocent
What is suspend is the privilege and not the writ Any person facing criminal prosecution shall be
itself. presumed to be innocent but in order for him to
When the privilege of writ of habeas corpus, the be declared otherwise, then the quantum of
writ is not suspended. Once the privilege is evidence must be met – beyond reasonable
suspended, writ may still be filed and it is doubt or
automatic for the court to  Criminal – beyond reasonable doubt
When the Privilege of WoHC is suspend you can  Civil – preponderance of evidence
still file for a writ of habeas corpus, once filed it  Administrative – clear and convincing
is automatic on the part of the court to issue
the writ. Once the one detaining that person Subjudicial rule – you can no longer discuss
receives the writ, he will make a return, which is publicly the case and the merits of
a reply. If the return indicates that the person has  In order not to influence the court during the
been arrested by virtue of allegedly violating or proceedings and during the trial
committing the crime which was the ground
used for the suspension of the privilege of If there is no justifiable reason why the accused
writ of habeas corpus, NO FURTHER has fled or absconded, then he shall be
PROCEEDINGS WILL ENSUE. presumed guilty
 Maybe in certain areas only
 When a public official entrusted with money - If the document you submitted is self-
or property by the government; has custody incriminating, deemed to have waived
of such public funds or money, if he cannot right against self-incrimination
account for such money or property in his - Exception: POLICE POWER
custody, then the can be presumed to have
misappropriated such missing funds or RIGHT against EX POST FACTO LAW and BILL
property. of ATTAINDER
 If there is stolen property in your possession, EX POST FACTO LAW
then you can be presumed to be the author Holds a person liable for an act or
of the theft; presumed to be guilty of stealing omission that was not punished at the
time of commission
OTHER RIGHTS OF THE ACCUSED - an act or omission committed by a person for
which he could be penalized but at the time of
To have public trial, speedy disposition of cases the commission, there was no law penalizing
Right to face the accuser such an act or omission
Right against self-incrimination - the act is made punishable when at the time it
 No person shall be compelled to be a witness was committed, there is no law punishing it
against himself
 If you are the accused, you may not be - 3 Characteristics:
compelled the witness stand 1) the law must refer to a criminal matter
 Testimonial compulsion – colonel of his 2) There must be a retroactive application of
right; does not exclude evidence that was the law
taken from his body 3) Prejudicial to the accused
 Cannot compel a person to submit a
specimen of his signature or handwriting; - if it merely refers to a procedural law, it is not
falsification of documents or forgery – an ex-post facto law
subject to a waiver
 Ordinary witness – cannot invoke their BILL OF ATTAINDER
right against self-incrimination; they can only imposes a penalty heavier than the one
do so if an incriminating question is asked imposed at the time of the commission
 Once the accused has taken the witness - no judicial trial
stand and allowed himself to be subjected to - a legislative fiat
direct examination – he cannot invoke his - applied to a named individual or members of
right against self-incrimination anymore to ascertainable group
refuse to be subjected to cross examination
- He can be cross-examined but only to FREEDOM OF MOVEMENT
matters during direct examination Liberty of abode and changing it can be
- Outside the matters testified by him imposed within the limits prescribed by law
during direct examination cannot be upon lawful order of the court
raised during cross examination  This may be impaired in the exercise of
Police Power for safety
Right to face-to-face examination  Ejectment case - Breach of terms and
 Right to cross-examination conditions of the lease agreement

To have compulsory processes to secure the Right to travel may be impaired in the interest
attendance of witnesses and presentation of of National Security, public safety or public
evidence on his behalf health as may be provided by law.
 Subpoena testificandum  May be denied the right to travel to a country
 Subpoena duces tecum – documents where there is war or where the Phil. Gov’t is
- If the document requested is at war
incriminating, you may refuse
Permanent/ Temporary Protection Order or
Banishment/Destierro – law on AVAWC

The court has an inherent power to


RESTRICT the right of an accused who has a
PENDING CRIMINAL CASE to travel abroad
to maintain its jurisdiction over him.

Can a state be held liable for the acts of another


state?
If the state ASSISTED in the commission of
the act or
It allowed it to happen
This is similar to a conspirator, accomplice or
accessory

Human rights – can be defined as those basic


standards without which people cannot live in dignity
as human beings.
These are the foundation of FREEDOM,
JUSTICE and PEACE. Their respect allows the
individual and the community to fully develop.
Before a Nation can be bound by such convention
Component of Human Rights
1) Sign the convention
1) Subject or Right holder – under international
2) Ratify
law – natural person
Even without ratifying the said convention, if the
2) Duty Holder – State
subject of such convention pertains to generally
3) Object of the Right – content of their rights
accepted principles of international law, it need
4) Implementation of the Right – measures/ rules
not ratify as it becomes BOUND by it,
and regulations ; the judiciary will interpret the
AUTOMATICALLY.
Rules & Regulations
How does the state become obligated or bound? by
Stages of Human Rights
Incorporation Clause
1) Idealization – where HR started as an idea
Even if it has not signed the treaty, but the State as
2) Positivization – where these ideas of HR would
guarantor of Human Rights is bound by it. It must
gain greater support for these to be formalized
not escape its duty as guarantor of HR
and incorporated in the Domestic Laws and
International law How is ratification done?
3) Realization – where these rights are enjoyed by
2/3 votes of the Senate
the people, as a consequence, transforming
Only for Treaties and International
them to social, economic and political rights.
Agreements
Executive Agreements need not be ratified
Sources of International Human Rights Law
1) International convention
Pacta Sunt Servanda
Treaties vs. Conventions
- Treaty must be observed in good faith
Treaty Convention
Legally binding written Is a special type of treaty.
agreement between states. 2) International Customs as evidence of general
An attempt by many countries practice accepted as law
to discuss global issues and 2 Elements:
reach an agreement to be 1. Objective Element acts amounting to
followed by the signatories
settled practice of States
2. Subjective Element – consisting of a
Treaty – legally binding written agreement belief that this practice is rendered
concluded between states. obligatory by the existence of a rule of
law requiring it
Covenant – binding agreement between states
Jus Cogens – group of international norms superior
 State’s consent to be bound by a treaty is expressed to other sources of international law
through Ratification, Acceptance or Approval - For purposes of the present convention, the
The act of merely signing a treaty is NOT enough peremptory norm of general international law is
to bind the State a norm accepted and recognized by the
But once the treaty is RATIFIED, the state is international community of nations as a norm
bound to FAITHFULLY COMPLY with its from which no derogation is permitted
treaty obligations by the doctrine of Pacta Sunt Need NOT be agreed upon by the States in a
Servanda TREATY in order to form part of their
Good faith is NOT a defense, there can still be jurisprudence
liability for non-compliance of HR treaties.
Jus Cogens requisites:
When conventions are adopted by the UN General a) It must be a peremptory norm
Assembly, they create legally binding b) It is accepted and recognized by the
international OBLIGATIONS for the Member states community of nations
who have signed the treaty. c) There can be no derogation therefrom
d) It can only be modified by subsequent norm  Philippine Gov’t cannot refuse to be bound by jus
of general international law having the cogens crimes & Erga Omnes Obligations –
same character State as a guarantor of Human Rights

Examples of Universally Accepted Norms 3) Generally Accepted Principles recognized by


Rights against the community of nations
slavery an unwritten and uncodified concepts from
Genocide which laws are based
Acts of aggression it may evolve from municipal or local
Racial discrimination jurisprudence of a state which is adopted by
Non-use of force other states, from teachings and publications
and from works of experts.

Vienna Convention on the Law on Treaties 4) Judicial Decisions and Teachings of the most
Contains definitions, elements and effects of Highly Qualified Publicists
peremptory norms or jus cogens
A treaty is VOID, if at the time of its conclusion, it
conflicts with the peremptory norm of general
international law

 Where HR Laws of paramount importance for the


international community are violated, all states
have a legal interest in their protection, for they
are obligations owed by the State to the community
of States (Erga omnes obligations)

Erga omnes obligations – obligations owed by a


state to all states, regardless of the presence or
absence of assent to be bound thereby

 Decisions of International Courts – international


Case Law
- Until they are changed, though a new law making
it moot and academic

Can an individual bring a case before an international


tribunal? He must be assisted by the state under the
principle of action popularis

Actio Popularis – prosecution of jus cogens crimes


may be initiated by another person or group of
persons in behalf of another
it does not necessarily arise from Erga Omnes
Obligations

NON-GOVERNMENT OFFICES of GOOD


STANDING in the international community may be
allowed to sue for and on behalf of victims who do
not have the means to do so.
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