Human Rights Final - Philippines PDF

**Sec. 3:** The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribe by law. "What is right of privacy" Is concisely defines as the right to be left alone or to be free from undesired p...

**Sec. 3:** The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribe by law. "What is right of privacy" Is concisely defines as the right to be left alone or to be free from undesired publicity without unwarranted interference by the public in matters with which the public is not necessarily concerned. Warrant to Intercept Computer Data( WICD)?\ \ It is an order in writing issued in the name of the people of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to carry out any or all of the following activities: 1. Listening to; 2. Recording ; 3. Monitoring; or 4. Surveillance of the content of communication eavesdropping or tapping devices. **Section 4.** no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. **What is freedom of expression?** The right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someone's character, reputation or business. **Limitations** - Slander- making a false statement damaging one's reputation. Oral defamation false statements that damage one's reputation. - Libel- Published false statements that damage one's reputation. Sec.5: no law shall be made respecting an establishment of region, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. **Religious Freedom:** the right to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical. **What is Religious Test?** One demanding the avowal or reputation of certain beliefs before the performance of any act. Example: Laws prescribing the religious qualification of public officials, or employees, whether appointive or elective, or of voters. **Section. 6:** The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. **Liberty of abode and travel** The right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source. **Limitation:** **Permissible interference:** the right is disqualified by the clauses ["except upon lawful order of the court" and , "except I the interest of national security, public safety, or public health"] **Section 7:** the right of the people to information on maters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as bias for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. **Scope of the right** - The right embraces all public records - It is limited to citizens only but it is without prejudice to the right if aliens to have access t records a cases where they are litigants. - Its exercise is subject to limitations **Limitations:** - **Existence of Public use-** shall mean public benefit, public utility, or public advantage, or whatever is beneficially employed for the community. - **Payment of just compensation-** value shall be determined by the proper court based on the market value at the time of the taking of the property. - **Observance of due process of law in the taking-** this requires that the owner sall have due notice and hearing in the expropriation proceedings. **Section 10:** No law impairing the obligation of contracts shall be passed. - **Obligation of contract-** duty which binds the parties t perform their agreement according to its terms or intent. If it is not contrary to law, morals, good customs, public order, or public policy. - **When does a contract become impaired?** When its terms or conditions are changed by law or by a party without the consent of the other, thereby weakening the position or rights of the latter. **Section 11:** Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. **Constitutional Rights of the Accused** - Right to adequate legal assistance - Right to be informed of his right to remain silent and to have counsel - Right to be informed of the cause and nature of accusation - Right against torture, force violence, or any other means which vitiates the free will - Right against being held secret, incommunicado, or similar forms or solitary detention - Right to bail and against excessive bail - Right to due process of law - Right to presumption of innocence - Right to be heard by himself and counsel - Right to speedy and impartial public trial - Right to meet the witnesses face to face - Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf - Right against self- incrimination - Right against detention by reason of political beliefs **Section 12.** 1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. **Section 13.** All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. **What is Bail?** - The security required by a court and given for that provisional or temporary release of a person who is in custody of the law conditioned upon his appearance before any court as required under the conditions specified. **Section 14.** 1. No person shall be held to answer for a criminal offense without due process of law. 2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the constitutional rights of the accused. **Section 15.** The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. - **Writ of Habeas Corpus-** an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. - **As to cases of invasion or rebellion-** the state has the right to hold in prevention in preventative imprisonment pending investigation and rial of a person who plot against it or commit acts that endanger its very existence. **Section 16.** All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. the above provision upholds the time honored tradition od speedy justice for as stated in the old dictum-justice delayed, justice denied. **Section 17.** No person shall be compelled to be a witness against himself. This is a protection against self-incrimination which may expose a person to criminal liability. **Section 18.** 1. No person shall be detained solely by reason of his political beliefs and aspirations. 2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. **Involuntary Servitude-** denotes a condition of enforced, compulsory service of one to another. It includes the following: **Slavery-** the state of entire subjection of one person to the will of another. **Peonage-** The voluntary submission of a person(peon) to the will of another because of his debt. **Exceptions:** - Punishment for a crime - Civil or military services as required for citizens for the defense of the state - Injunctions requiring striking laborers to return to work pending settlement of a dispute - Exceptional services such as military and naval enlistment. - Parents exercising authority over their children n the performance of reasonable amount of work - Assistance in the protection of peace and order of the community or help build or repair public highways and street. **Section 19.** 1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. 2. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. **Section 20.** No person shall be imprisoned for debt or non-payment of a poll tax. - **Dept-** any liability to pay money arising out of contract, express, or implied. - **Poll-tax-** is a tax of fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged. **Section 21.** No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. **Section 22.** No ex post facto law or bill of attainder shall be enacted. **Ex post facto law-** (the law having retroactive effect) is one which, operating retrospectively- - Makes an act criminal even committed before the passage of a law - Aggravates a crime compares to when it was committed - Changes the punishments and inflicts a greater punishment - Alters the legal rules of evidence, and receives less testimony from what the law originally required as to the time the offense was committed, in order to convict the offender. **Bill of Attainder-** a legislative which inflicts punishment without a judicial trial. Note: if the punishment is less than death, the act shall be called as Bill of Pains and penalties. **Rights of a Person Under Custodial Investigation** **Republic Act No. 7438-** an act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violations thereof. **Rights or person Arrested, detained or under Custodial investigation: Duties of Public Officers.** a. Shall at all times be assisted by counsel. b. Any public officer shall, informed the latter, in a language known to and understood by him, of his Miranda Rights. c. The custodial investigation report shall be reduced to writing by the investigating officer. It shall be adequately explained by his counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigating report shall be null and void and of no effect whatsoever. d. Any extrajudicial confession shall be in writing and signed by such person in the presence of his counsel otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. e. Any waiver by a person arrested or detained or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect. f. Shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor, or priest or religious minister, by his counsel, or by any national non- governmental organization duly accredited by the commission on human rights. - Civil code of the phil. - Family Code of the phil. - Labor code of the phil. - Child and youth welfare code (PD 603) - Anti- Violence against women and children act (R.A 9262) - Child protection act (R. A 7610) - Juvenile justice and welfare act (R.A 9344) - Magna carta of women (R.A 9710) - Act on the prohibition of the death penalty (R.A 9346) **The 12 rights of Filipino Children (PD 603)** - \(1). Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. - (2). Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. - The dependent or abandoned child shall be provided with the nearest substitute for a home. - (3). Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society. - The gifted child shall be given opportunity and encouragement to develop his special talents. - The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. - The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition. - (4). Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life. - (5). Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. - (6). Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen. - (7). Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. - (8). Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development. - (9). Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. - (10). Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. - (11). Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives. - (12). Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world. **Rights of Cultural Minorities** **Republic Act No. 8371-** an act to recognize, protect and promote the rights of indigenous cultural communities/ indigenous people, creating a national commission on indigenous peoples, establishing implementing mechanisms, appropriating funds thereof, and for other purposes. - **Rights of Ancestral Domains-** Ancestral Domains refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein. - **Rights of Ancestral land-** the right of ownership and possession of the ICCs/IPs to their ancestral lands shall be recognized and protected. - **Ancestral lands-** refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs. - **Right of self - governance and empowerment-** self- governance and self- determination and respects the integrity of their values, practices and institutions. - **Right to participate in Decision Making-** right to participate fully, if they so choose, at all levels of decision- making in matters which may affect their rights. - **Right to determine and decide priorities for development-** the ICCs/ IPs shall have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well- being, and the lands they own, occupy or use. **Salient Rights of Cultural Minorities** - **Rights during Armed Conflict-** right t special protection and security in periods of armed conflict. - **Freedom from Discrimination and Right to equal opportunity and Treatment-** it shall be the right of the ICCs/ IPs to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities for admission to employment, medical and social assistance, safety as well as other occupationally related benefits. - **Community intellectual rights-** ICCs /IPs have the right to practice and revitalize their own cultural traditions and customs. - **Rights to religious, cultural Sites and ceremonies-** the right to manifest, practice, develop, and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites. **National Commission on Indigenous Peoples (NCIP)** **Section 38.-** National commission on Indigenous Cultural communities/ indigenous People (NCIP)- the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote ad protect the rights and well- being of the ICCS/ IPs and the recognition of their ancestral domains as well as the rights thereto. **Rights od Persons deprived of Liberty (PDL)** a. Right to be treated in a humane manner; b. Right to a fair trial with adequate and free legal assistance; c. Right to be protected from cruel, inhumane, degrading treatment and punishment, including sexual violence and other forms of torture; d. Right to be kept in official government civilian prisons and to be protected from being imprisoned in unofficial places detention or in military custody; e. Right to appear in public before a legally- constituted court within a short time after their arrest; f. Right to a prison program which enhances their social and intellectual abilities; g. Right to separate living arrangements in prison in accordance with the categories of gender, age, and reasons for imprisonment; h. That prisoners awaiting trial have the right o be held separately from convicted prisoners; i. That prisoners have the right to communicate with their families and to maintain familial relationships; j. That prisoners have the right to free legal assistance. **The Philippine Commission on Human Rights (CHR)** **-**an independent constitutional office created under the 1987 constitution of the Philippines, with the primary function on investigating all forms of human rights violations involving civil and political rights I the Philippines. **Powers and Functions** 1. Investigate on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; 2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the rules of court; 3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventative measures and legal aid services to the under- privileged whose human rights have been violated or need protection. 4. Exercise visitorial powers over jails, prisons, or detention facilities; 5. Establish a continuing program of research, education and information to enhance respect for the primary of human rights; 6. Recommend to congress effective measures to promote human rights; 7. Monitor the Philippine government's compliance with international treaty obligations on human rights; 8. Grant immunity from prosecution to any person whose testimony or whose possession of evidence is necessary to determine the truth in any investigation conducted by it or under its authority; 9. Request the assistance of any department, bureau, office or agency in the performance of its functions; 10. Appoint its officers and employees in accordance with law; and 11. Perform such other duties and functions as may be provided by law.