35568820 human rights midterms reviewer under atty principe

8/11/2019 35568820 Human Rights Midterms Reviewer Under Atty Principe

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HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Human Rights

Those rights, which are inherent in our nature, and without which, we cannot live as human

beings.

Allow us to develop and use our human qualities, intelligence, talents and conscience, and tosatisfy our spiritual and other needs.

Supreme, inherent, and inalienable rights to life, dignity, and self-development.

The essence of these rights maes man human.

!asic "haracteristics of Human Rights#

$. %nherent &ot granted by any person or authority

'. (undamental )ithout them, the life and dignity of man will be meaningless

*. %nalienable

"annot be rightfully taen away from a free individual "annot be given away or be forfeited

+. %mprescriptible "annot be lost even if man fails to use or assert them, even by a long passage of time

. %ndivisible &ot capable of being divided

"annot be denied even when other rights have already been enoyed

. /niversal Applies irrespective of one0s origin, status, or condition or place where one lives

Rights can be enforced without national border

1. %nterdependent

The fulfillment or e2ercise of one cannot be had without the reali3ation of the other

Human Rights 4rinciples#

The dignity of man and human life is inviolable. (rom the dignity of man is derived the right of

every person to free development of his personality. A legitimate state should e2ist to assure that in the discharge of the governmental functions,

the dignity that is the birthright of every human being is duly safeguarded.

"lassification of Rights#

According to Source

$. &atural Rights 5od-given rights, acnowledged by everybody to be morally good

/nwritten, but prevail as norms of the society

'. "onstitutional Rights "onferred and protected by the "onstitution and which cannot be modified or taen

away by the law-maing body*. Statutory Rights

Those rights which are provided by law promulgated by the law-maing body

6ay be abolished by the body that created them

According to Recipient

$. %ndividual Rights Accorded to individuals

'. "ollective Rights Also called 7people0s rights8 or 7solidarity rights8

Rights of the society, those that can be enoyed only in company with others

According to Aspect of 9ife

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$. "ivil Rights Rights which the law will enforce at the instance of private individuals for the purpose

of securing to them the enoyment of their means of happiness 4artae of the nature of political rights when they are utili3ed as a means to participate

in the government'. 4olitical Rights

Rights which enable us to participate in running the affairs of the government eitherdirectly or indirectly

*. :conomic and Social Rights Those which the law confers upon the people to enable them to achieve social and

economic development+. "ultural Rights

Rights that ensure the well-being of the individual and foster the preservation,

enrichment, and dynamic evolution of national culture based on the principle of unity in

diversity in a climate of free artistic and intellectual e2pression.

According to Struggle for Recognition

$. (irst 5eneration Rights "ivil and political rights which derives primarily from the $1th and $;th centuries0

reformist theories "onceives of human rights more in negative erogable or "an-!e-9imited Rights

6ay be suspended or restricted or limited depending on the circumstances which call

for the preservation of social life 6ust satisfy three requirements for it to be valid#

i. %t is provided for by law which is made nown to every citi3en@ii. There is a state of emergency which necessitates the urgent preservation of the

public good, public safety, and public moral@iii. %t does not e2ceed what is strictly necessary to achieve the purpose.

"ategories of Human Rights

$. (undamental (reedom in 4olitical Rightsi. (reedom of conscience and religionii. (reedom of thought, belief, opinion and e2pression

iii. (reedom of the press and communicationiv. (reedom of association, freedom of peaceful assemblyv. Rights to privacy, reputation, and human dignity

'. >emocratic Rights "ommonly e2ercised in a democratic state

i. Right to vote and to participate in the electoral processii. Right to participate in public or governmental affairs

*. 6obility Rights

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&ational and international in character

i. Right to travelii. Right to return to one0s countryiii. (reedom of movement within the country

+. Right to 9ife, 9iberty, and Security of the 4erson Represent the core of fundamental rights which relate to the right to physical and

personal integrity, consistent with human dignityi. Right to protection against political and other e2traudicial illings, the

disappearances of persons, and torture and other cruel inhuman or degrading

treatment or punishment. 9egal Rights

"onstitute due process that can be invoed by persons accused

i. (reedom from arbitrary arrest and detentionii. 4rotection against unreasonable search and sei3ureiii. Right to counseliv. Right to fair and public trialv. 4resumption of innocence

vi. Right against self-incrimination

. Rights of :quality Also nown as the right against discrimination

:veryone is equal before the law and is entitled to equal protection or the equal benefit

of the lawi. 4rotection against discrimination on the grounds of se2, race, religion, ethnic

origin, age, marital status, and political and social condition1. :conomic, Social and "ultural Rights

"onsidered more of standards to be observed by the state

i. Right to social security, social insurance, protection and assistance to the familyii. Right to an adequate standard of living, adequate food, clothing and housingiii. Right to physical and mental health

iv. Right to educationv. Right to be part of the artistic and scientific life of the country;. )orers0 Rights

i. Right to associationii. Right to organi3e unionsiii. Right to bargain collectivelyiv. 4rohibition of forced laborv. 4rohibition of employment of children

vi. 5uarantee of minimum wages and other support. Aboriginal Rights

Associated with the rights of indigenous cultural tribes or communities

$B. Reproductive Rights

i. Right to found a family and bear childrenii. Right to gender sensitivity and the biomedical technologyiii. Right to family planning

$$. 4rotective Rights of 4ersons in Armed "onflicts 4rovided in the international humanitarian law for the protection of children, women

and non-combatants during internal armed conflicts$'. Right of Self-determination

i. Right of people to be free from colonial ruleii. Right of people to decide their own destiny

$*. 6inority 5roup Rightsi. 4rotection of ethnic, linguistic and religious minorities

9aguna 9ae >evelopment Authority v. "A, '*$ S"RA ''

(acts# A letter-complaint was filed with the 9aguna 9ae >evelopment Authority A=, seeing to

stop the operation of the open garbage dumpsite in the Tala :state in "aloocan, due to its harmful

effects on the health of the residents and the possibility of pollution of the water content of the

surrounding area. %t was discovered that the open dumpsite did not have an :nvironmental

"ompliance "ertificate from the :nvironmental 6anagement !ureau of the >epartment of

:nvironmental and &atural Resources, as required under 4residential >ecree &o. $;, and a

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clearance from the 99>A as required under Republic Act &o. +;B. The 99>A then conducted an on-

site investigation, monitoring and test sampling of the leachate that seeps from the said dumpsite to

the nearby cree which is a tributary of the 6arilao river. The leachate testing revealed the presence

of bacteria. As a result, the 99>A issued a "ease and >esist Crder ordering that the dumping of any

form or ind of garbage and other waste matter at the "aloocan dumpsite be completely stopped.

)hen tals on the dumpsite failed to settle the problem, the dumpsite was opened again, prompting

the 99>A to issue another "ease and >esist Crder. Thereafter, the 99>A, with the assistance of the

4hilippine &ational 4olice, enforced the Crder by prohibiting the entry of all garbage dump trucs into

the "aloocan dumpsite. The "ity 5overnment of "aloocan then filed with the RT" of "aloocan "ity

an action for the declaration of nullity of the "ease and >esist Crder, and sought to be declared as the

sole authority empowered to promote the health and safety and enhance the right of the people in

"aloocan "ity to a balanced ecology within its territorial urisdiction.

%ssues and Rulings#

$. >oes the 99>A have the authority to entertain the complaint against the dumping of garbage in

the open dumpsite in "aloocan authori3ed by its "ity 5overnment which is allegedly

endangering the health, safety, and welfare of the residents therein and the sanitation and

quality of the water in the area brought about by e2posure to pollution caused by such open

garbage dumpsiteD

E:S. The 99>A0s urisdiction was validly invoed on the basis of the allegation that the open

dumpsite of the "ity 5overnment of "aloocan was undertaen without a clearance from the 99>A, as

required by RA +;B. As a general rule, the adudication of pollution cases generally pertains to the

4ollution Adudication !oard, e2cept in cases where the special law provides for another forum. %t

must be recogni3ed that in this regard that the 99>A, by virtue of its special charter, obviously has the

responsibility to protect the inhabitants of the 9aguna 9ae region from the deleterious effects of

pollutants emanating from the discharges of wastes from the surrounding areas. %n carrying out the

national policy of promoting and accelerating the development and balanced growth of the 9aguna

9ae area and the surrounding provinces of Ri3al and 9aguna and the cities of San 4ablo, 6anila,

4asay, Fue3on and "aloocan with due regard and adequate provisions for environmental

management and control, preservation of the quality of human life and ecological systems, and the

prevention of undue ecological disturbances, deterioration and pollution, the 99>A is mandated,

among others, to pass upon and approve or disapprove all plans, programs, and proects proposed by

local government offices?agencies within the region, public corporations, and private persons or

enterprises where such plans, programs, and?or proects are related to those of the 99>A for the

development of the region.

'. >oes the 99>A have the power and authority to issue a "ease and >esist Crder to enoin thedumping of garbage in the Tala :stateD

E:S. Although the 99>A was not e2pressly conferred the power to issue an ex parte cease

and desist order in e2press terms, the 99>A0s issuance of one, as a practical matter of procedure

under the circumstances of the case, is a proper e2ercise of its power and authority under its charter

and its amendatory laws. The provision which empowers the 99>A to instituted necessary legal

proceedings against any person who shall commence to implement or continue implementation of any

proect, plan or program within the 9aguna de !ay region without previous clearance from the 99>A

was designed to invest the 99>A with sufficiently broad powers in the regulation of all proects initiated

in the 9aguna 9ae region, whether by the government or the private sector, insofar as the

implementation of these proects is concerned. 6oreover, Section $ of Article %% of the $;1"onstitution states that#

7The State shall protect and advance the right of the people to a

balanced and healthful ecology in accord with the rhythm and harmony

of nature.8

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As a constitutionally guaranteed right of every person, it carries the correlative duty of non-

impairment. This is but in consonance with the declared policy of the state 7to protect and promote the

right to health of the people and instill health consciousness among them.8 %t is to be borne in mind

that the 4hilippines is party to the /niversal >eclaration of Human Rights and the Alma "onference

>eclaration of $1; which recogni3e health as a fundamental human right. The 99>A0s charter is but

a response to the demands of 7the necessities of protecting vital public interests8 which gives vitality

to the abovementioned state policies and principles.

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o Human rights e2ist through gradual, spontaneous and evolutionary process without any

arbitrary will of any authority.. Theory of 6ar2ism

o :mphasi3es the interest of society over an individual man0s interest. %ndividual freedom

is recogni3ed only after the interest of society is served.o "oncerned with economic and social rights over civil or political rights of community.

o Referred to as 7parental8 with the political body providing the guidance in value choice.

!ut the true choice is the government set by the state. (unctional?Sociological Approach

o Human rights e2ist as a means of social control, to serve the social interests of society.

o 9ays emphasis of obtaining a ust equilibrium of multifarious interests among prevailing

moral sentiments and the social and economic conditions of the time and place.1. /tilitarian Theory

o Sees to define the notion of rights in terms of tendencies to promote specified ends

such as common good.o :very human decision was motivated by some calculation of pleasure and pain. The

goal is to promote the greatest happiness of the greatest number.o :veryone is counted equally, but not treated equally.o Requires the government to ma2imi3e the total net sum of citi3ens.

o An individual cannot be more important than the entire group. A man cannot simply live

alone in disregard of his impulse to society.o The composite society of which the individual is a unit has on its own wants, claims

and demands. An act is good only when it taes into consideration the interests of the

society and tends to augment the happiness of the entire community.;. Theory !ased on >ignity of 6an?4olicy Science Approach

o Human rights means sharing values of all identified policies upon which human rights

depend on.o The most important values are respect, power, nowledge, health, and security.

o The ultimate goal of this theory is a world community where there is democratic sharingand distribution of values.

o All available resources are utili3ed to the ma2imum and the protection of human dignity

is recogni3ed.. Theories of Iustice

o :ach person possesses inviolability founded on ustice.

o The rights secured for ustice are not subect to political bargaining or to social

interests.o :ach person has equal rights to the whole system of liberties. There is no ustice in a

community where there are social and economic inequalities.o The general conception of ustice is one of fairness and those social primary goods

such as opportunity, income and wealth and self-respect are to be distributed equally.$B. Theory !ased on :quality and Respect of Human >ignity

o The recognition of individual rights in the enoyment of the basic freedoms such as

freedom of speech, religion, assembly, fair trial and access to courts.o 5overnments must treat all their citi3ens equally. (or this purpose, the government

must intervene in order to advance general welfare.

Crigin of Human Rights in the 4hilippines

'B Iune $; 6alolos "onstitution# contained several provisions on civil and political rights

$B' 4hilippine !ill of $B'

$$ 4hilippine Autonomy Act of $$?Iones 9aw

$*+ 4hilippine %ndependence Act of $*+?Tydings-6c>uffee 9aw

$* (irst 4hilippine "onstitution# contained !ill of Rights

$1* Second 4hilippine "onstitution

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$;* 4resent 4hilippine "onstitution

(rom $+' to $++, the (ilipinos were temporarily deprived of the enoyment of the civil and

political rights during the military rule of Iapan. !ut these were immediately restored in $+. The (ilipinos were again subected to violation of human rights during the authoritarian rule of

4resident 6arcos, which was terminated during the (ebruary $; revolution.

Human Rights %nstruments to which The 4hilippines is a Signatory#

$. %nternational "ovenant of :conomic, Social and "ultural Rights


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and legal aid services to the under-privileged whose human rights have been violated or

need protection@:"S Secretary "ariKo, eight teachers from the Ramon 6agsaysay High

School, namely 5raciano !udoy, Iulieta !abaran, :lsa %babao, Helen 9upo, Amparo 5on3ales, 9u3

del "astillo, :lsa Reyes and Apolinario :sber were administratively charged, preventively suspended

for B days, and temporarily replaced. The said eight teachers, led by their counsel, subsequently

staged a walout signifying their intent to boycott the proceedings. Thereafter, Secretary "ariKo

rendered a decision ordering the dismissal from service of :sber, and the -month suspensions of

!abaran, !udoy, and del "astillo. The eight teachers then complained to the "ommission on Human

Rights on the ground that they were denied due process. Secretary "ariKo filed a motion to dismiss

with the "HR on the ground that the "HR had no urisdiction over the case.

%ssue and Ruling#

$. )?& the "HR has the power under the "onstitution to try and decide, or hear and determine,

certain specific type of cases, lie alleged human rights violations involving civil or political

rights.

&C. The "HR was not meant by the "onstitution to be another court or quasi-udicial agency

in this country. The most that may be conceded to the "HR in the way of adudicative power is that it

may investigate, i.e., receive evidence and mae findings of fact as regards claimed human rightsviolations involving civil and political rights. (act finding is not adudication, and cannot be liened to

the udicial function of a court of ustice, or even a quasi-udicial agency or official. The function of

receiving evidence and ascertaining therefrom the facts of a controversy is not a udicial function,

properly speaing. To be considered such, the faculty of receiving evidence and maing factual

conclusions in a controversy must be accompanied by the authority of applying the law to those

factual conclusions to the end that the controversy may be decided or determined authoritatively,

finally and definitively, subect to such appeals or modes of review as may be provided by law. This

function, to repeat, the "ommission does not have.

The "onstitution clearly and categorically grants to the "HR the power to investigate all forms

of human rights violations involving civil and political rights. %t can e2ercise that power on its owninitiative or complaint of any person. %t may e2ercise that power pursuant to such rules of procedure

as it may adopt and, in cases of violations of said rules, cite for contempt in accordance with the

Rules of "ourt. %n the course of any investigation conducted by it or under its authority, it may grant

immunity from prosecution to any person whose testimony or whose possession of documents or

other evidence is necessary or convenient to determine the truth. %t may also request the assistance

of any department, bureau, office, or agency in the performance of its functions, in the conduct of its

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investigation or in e2tending such remedy as may be required by its findings. !ut it cannot try and

decide cases emolition &otice was sent by the Cffice of the Fue3on "ity 6ayor to the officers and

members of the &orth :>SA Gendors Association SA.

The "HR subsequently issued an Crder directing the F" Cfficers to desist from demolishing the stalls

and shanties at &orth :>SA pending resolution of the vendors0 complaint before the "ommission.

&otwithstanding said Crder, the F" Cfficers carried out the demolition of the stalls, sari-saristores, and carinderia, prompting the "HR to order the disbursement of financial assistance of not

more than 4'BB,BBB.BB in favor of the vendors to purchase light housing materials and food under the

"HR0s supervision and again directed the F" Cfficers to desist from further demolition, with the

warning that violation of said Crder would lead to a citation for contempt and arrest. The F" Cfficers

filed a motion to dismiss, questioning the "HR0s urisdiction. Subsequently, the "HR cited the F"

Cfficers in contempt for carrying out further demolition on the stalls, sari-sari stores, and carinderia

despite the order to desist, and imposed a fine of 4BB.BB on each of them.

%ssues and Ruling#

$. )?& the "HR has urisdiction to investigate the violation of the rights of those vendors whose

stalls were demolished by the F" Cfficers at the instance and authority given by & 6ayor of

F".

&C. The order for the demolition of the stalls, sari-sari stores and carinderia of the vendors does not

fall within the compartment of 7human rights violations involving civil and political rights8 intended by

the "onstitution.

'. )?& the "HR has urisdiction to impose a fine of 4BB.BB on each of the F" Cfficers.

&C. Although the "HR is constitutionally authori3ed to adopt its operational guidelines and rules of

procedure, and cite for contempt for violations thereof in accordance with the Rules of "ourt, and

accordingly, the "HR acted within its authority in providing in its revised rules, its power to cite or holdany person in direct or indirect contempt, and to impose the appropriate penalties in accordance with

the procedure and sanctions provided for in the Rules of "ourt, the power to cite in contempt should

be understood to apply only to violations of its adopted operational guidelines and rules of procedure

essential to carry out its investigatorial powers. The order to desist is not investigatorial in character

but prescinds from an adudicative power that it does not possess.

&CT:# Human rights seems to closely identify with the universally accepted traits and attributes of an

individual, along with what is generally considered to be his inherent and inalienable rights,

encompassing almost all aspects of life.

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The >eclaration of Human Rights

A mere declaration of norms to serve as a common standard of achievement for all nations

/& did not direct its members to enforce them@ no sanctions or enforcement machinery was

set up Article of the /& "harter directs members to pledge themselves to the oint and separate

action in cooperation with the /& to achieve universal respect for an observance of humanrights and fundamental freedoms

Although it is not a legally binding document, most nations have recogni3ed the principles of

the >eclaration which have gained moral weight and persuasion in the domestic offices %ts principles have been adopted in most state constitutions

$. (reedom and :quality (irst eight articles emphasi3e that all human beings, without distinction, are born free

and equal in dignity and rights

Article $. All human beings are born free and equal in dignity and rights. They are endowed with

reason and conscience and should act towards one another in a spirit of brotherhood.

Article '. :veryone is entitled to all the rights and freedoms set forth in this >eclaration, without

distinction of any ind, such as race, color, se2, language, religion, political or other opinion, national

or social origin, property, birth or other status. (urthermore, no distinction shall be made on the basis

of the political, urisdictional, or international status of the country or territory to which a person

belongs, whether it be independent, trust, non-self-governing or under any other limitation of

sovereignty.

Article *. :veryone has the right to life, liberty, and security of person.

Article +. &o one shall be held in slavery or servitude@ slavery and the slave trade shall be prohibited

in all their forms.

Article . &o one shall be subected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article . :veryone has the right to recognition everywhere as a person before the law.

Article 1. All are equal before the law and are entitled without any discrimination to equal protection of

the law. All are entitled to equal protection against any discrimination in violation of this >eclaration

and against any incitement to such discrimination.

Article ;. :veryone has the right to an effective remedy by the competent national tribunals for acts

violating the fundamental rights granted him by the constitution or by law.

'. 9iberty, Security, and Recognition of 4ersons

Article +, supra.

Article , supra.

Article , supra.

Article 1, supra.

Article . &o one shall be subected to arbitrary arrest, detention or e2ile.

Article $B. :veryone is entitled in full equality to a fair and public hearing by an independent and

impartial tribunal, in the determination of his rights and obligations and of any criminal charge against

him.

Article $$.

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Article $. :veryone has the right to freedom of opinion and e2pression@ this right includes freedom to

hold opinions without interference and to see, receive and impart information and ideas through any

media and regardless of frontiers.

1. :conomic, Social, and "ultural Rights

Article ''. :veryone, as a member of society, has the right to social security and is entitled toreali3ation, through national effort and international cooperation and in accordance with the

organi3ation and resources of each State, of the economic, social and cultural rights indispensable for

his dignity and the free development of his personality.

Article '*.


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REPUBLIC ACT NO. 9851

AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIANLAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION,

DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES

!e it enacted by the Senate and House of Representatives of the 4hilippines in "ongress assembled#

CHAPTER IINTRODUCTORY PROVISIONS

Se!"#$ 1.Short Title. - This Act shall be nown as the "Philippine Act on Crimes AgainstInternational Humanitarian Law, Genocide, and Other Crimes Against Humanity".

Se!"#$ %.Declaration of Principles and State Policies.-


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Se!"#$ 5.!enocide-


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and a fine ranging from Cne hundred thousand pesos


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appropriate by the court in manner which is not preudicial to or inconsistent with the rights ofthe accused and a fair and impartial trial. Such views and concerns may be presented by thelegal representatives of the victims where the court considers it appropriate in accordance withthe established rules of procedure and evidence@ and


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Se!"#$ 1(.Suppletor$ Application of the 'e&ised Penal Code and ther !eneral or Special a-s. -The provisions of the Revised 4enal "ode and other general or special laws shall have a suppletoryapplication to the provisions of this Act.

CHAPTER VIIJURISDICTION

Se!"#$ 1).urisdiction.- The State shall e2ercise urisdiction over persons, whether military orcivilian, suspected or accused of a crime defined and penali3ed in this Act, regardless of where thecrime is committed, provided, any one of the following conditions is met#

35568820 human rights midterms reviewer under atty principe

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