Philippine Government Role in Human Rights Education PDF

PRELIM LECTURE IN HUMAN RIGHTS EDUCATION ROLE OF THE PHILIPPINE GOVERNMENT The Armed Forces of the Philippines (AFP) is the protector of the people and the The Philippine Government takes on an essential...

PRELIM LECTURE IN HUMAN RIGHTS EDUCATION ROLE OF THE PHILIPPINE GOVERNMENT The Armed Forces of the Philippines (AFP) is the protector of the people and the The Philippine Government takes on an essential State’s sovereignty and territory. Hence, role in the realization of human rights. It is mainly the AFP, takes part only in the founded on the concept of “democracy”, where it maintenance of peace and order affecting is created of the people, by the people, and for the the Philippine sovereignty or the national people. territory. It is established to ensure the protection and full 4. The State shall ensure the autonomy of enjoyment of their human rights – its full local governments manifestation is the Constitution of the Philippines. Thus, its main goal is to fulfill the vision The autonomy of the local government inhabitants in the Philippines are able to live units (LGUs) does not contemplate the peacefully and with dignity, safe from the abuse of fragmentation of the Philippines into a any individuals or institutions, including the State. collection of mini-states. Local autonomy recognizes the wholeness of the Philippine Executive Order No. 292 or the “Administrative society in its ethnolinguistic, cultural, and Code of 1987”, enacted on July 25, 1987, under the even religious diversities. administration of then President Corazon “Cory” C. Aquino provides that the Philippine government 5. The territorial and political subdivisions of shall be exercised in accordance with the following the Republic of the Philippines are the basic principles and policies: provinces, cities, municipalities, and barangays. 1. The Philippines is a democratic and republican State There shall be autonomous regions, in accordance with the Constitution, in A Republican form of government rests on Muslim Mindanao and the Cordilleras as the conviction that sovereignty should may be provided by law. reside in the people and that government authority must emanate from them. 6. The separation of Church and State shall be inviolable 2. The State values the dignity of every human person and guarantees full respect “Strong fences make good neighbors.” for human rights 7. The right of the people and their Every person is respectable and is worthy organizations to effective and reasonable of his/her human rights because it is participation at all levels of social, political, through these rights that gives life its and economic decision-making shall not be meaning. abridged. The State shall, by law, facilitate the establishment of adequate 3. Civilian authority is, at all times, supreme consultation mechanisms over the military Page 1 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION 8. The powers expressly vested in any branch The present Philippine Constitution was: of the Government shall not be exercised o Approved by the 1986 Constitutional by, nor delegated to, any other branch of Commission on October 12, 1986; the Government, except to the extent o Presented to then President Corazon authorized by the Constitution “Cory” C. Aquino on October 15, 1986; o Ratified on February 2, 1987, through a State Obligations to Human Rights plebiscite; o Valid and enforced on February 11, 1987 Obligation to RESPECT: Requires the State and all its organs and agents to abstain It was largely patterned on the American from doing anything that will violate the Constitution, but it also incorporated Roman, integrity of individuals or fringes on his/her Spanish, and Anglo law. It was a peaceful change freedom. from a dictatorial government to a democratic one. Obligation to PROTECT: Requires the State and all its agents to observe the measures The 1987 Constitution established a representative necessary to prevent other individuals or democracy with powers divided among the three groups from violating the integrity, separate and independent branches of freedom of action, 0r an individual’s government: human right in its entirety. a. Legislative Department [“law and policy- Obligation to FULFILL: Requires the State making body”; authorized to make laws, to take measures to ensure for each alter, and repeal them through the power person within its jurisdiction opportunities vested in the Philippine Congress] – t0 obtain satisfaction of those needs, composed of the House of Representative recognized in the human rights and the Senate (Art. VI); instruments, which cannot be secured by personal effects. b. Executive Department [“implementing body”] – composed of the President and the Vice President (Article VII); and 1987 PHILIPPINE CONSTITUTION c. Judiciary Department [“rule-making The 1987 Constitution finally came into full force body”; holds the power to settle and effect on February 11, 1987 with the President, controversies involving rights that are other civilian officials, and members of the Armed legally demandable and enforceable] – Forces swearing allegiance to the new charter. composed of the Supreme Court and all lower courts (Art. VIII). The Constitution is a written instrument by which the fundamental powers of the government are ARTICLE III – BILL OF RIGHTS established, limited, and defined, and by which these powers are distributed among the several It establishes the relationship of the individual to departments or branches for their safe and useful the State and defines the rights of the individuals exercise for the benefits of the people. by limiting the lawful powers of the State. Page 2 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION It provides specific protections against the abuse 2. Civil Rights – these are the rights to secure of state power. It is an article in the Constitution for the individuals their means of securing that articulates and enlists the rights of an happiness. individual that the government is duly bound to protect, respect, and carry out. 3. Social and Political Rights – these are the rights that guarantees an individual his It also includes constitutional rights, economic, right to enjoyment of his well-being and social, cultural, and political rights of the Filipino his security in the State. citizen. Its main purpose is to preserve democratic ideals, to safeguard fundamental human rights, 4. Rights of an Accused – these are the rights and to promote the happiness of each individual. indicated under the bill of rights, it entails full protection of the concerned party What is the importance of the Bill of Rights in the under custodial investigation. 1987 Philippine Constitution? PROVISIONS OF THE BILL OF RIGHTS The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. It includes 22 Right to Due Process sections which declare a Filipino citizen's rights and privileges that the Constitution has to protect, Section 1, Article III of the 1987 Constitution no matter what. Section 1. No person shall be deprived of Classes of Rights life, liberty, or property without due process of law, nor shall any person be 1. Natural Rights – these are the rights that denied the equal protection of the laws. are innate and inalienable pertaining to all human persons and given to him by his/her Life – this includes the right of an individual to his Creator; body and its completeness, free from dismemberment, and extends to the use of God- 2. Constitutional Rights – these are rights given faculties which makes his/her life enjoyable. conferred upon by the individual by the Nobody, even the government, should attempt to Constitution and guaranteed by the same end one’s life. Constitution. Liberty – the main elements of the guarantee to 3. Statutory Rights – these are the rights liberty are the right to contract, right to choose given by the laws passed by the legislative one’s employment, and the right to movement. body. This is the right of persons to be free. Divisions of Constitutional Rights Property – this includes anything the right of 1. Political Rights – these are the rights of the ownership and be the subject of contract. It citizens as regards to his/her participation represents not only the things that a person owns, in the administration of the government. but also the rights to secure, use, and dispose the same. Page 3 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION The due process clause is a fundamental principle d. Decision is made as a result of the of justice rather than a specific law. It exists careful consideration of evidence whenever there is any deprivation of life, liberty, presented by both parties and and property by a state, under the authority of a must be known to the parties valid law, and after the compliance with the involved. regular methods of procedure prescribed by law. Equal Protection of Law Therefore, before depriving a citizen of life, liberty, or property, the government must follow fair Section 1. No person shall be deprived of procedures. life, liberty, or property without due process of law, nor shall any person be There is due process if the law is appropriately denied the equal protection of the applied to the subject of the issue, that such laws. execution is reasonably fair, and not arbitrarily done. It hears before it condemns, which proceeds It applies to all persons without distinction to upon inquiry, and renders judgment only after status, rank, or educational status. It entails that trial. all persons subject to legislation should be treated alike, under like circumstances and conditions Three Classifications of Due Process both in conferred privileges and imposed liabilities. 1. Substantive Due Process – refers to the laws itself. It requires that the law made by The purpose of the equality clause is to prohibit the government must be reasonable, undue favor to anyone, special privileges for any reasonable in the sense that it must have individual or class, or hostile discrimination on any the interest of the public, and the means person. It covers all persons with the state, that were used are necessary in the whether the person is local or foreigner, except accomplishment of its purpose, and not political rights where it is only applicable for the unduly oppressive towards the individual. citizens of the state and not foreigners. 2. Procedural Due Process – refers to the Has a strong element of privacy where life, liberty, method or manner in which the law is and property are protected. enforced. Its basic elements are notice, opportunity to be heard, and jurisdiction. Search Warrant and Warrant of Arrest 3. Administrative Due Process – its requisites Section 2. The right of the people to be are as follows: secure in their persons, houses, papers, and effects against unreasonable searches and a. Right to Hearing; seizures of whatever nature and for any b. Consideration by the tribunal of purpose shall be inviolable, and no search the evidence forwarded or warrant or warrant of arrest shall issue adduced to them; except upon probable cause to be c. Support of the tribunal on the determined personally by the judge after decision that was made; and examination under oath or affirmation of Page 4 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION the complainant and the witnesses he may A valid search warrant and warrant of arrest MUST produce, and particularly describing the contain the following: place to be searched and the persons or things to be seized. 1. It must be issued upon probable cause Where the right of privacy of persons in their Probable Cause is an important element in homes from searches shall be inviolable. determining the presence of crime or any specific omission violating the provisions Search and seizure practices engaged in by law governing an appropriate law. enforcement officers with the purpose of gaining sufficient evidence to ensure the arrest and It also provides a reasonable ground for conviction of an offender. It is used to describe the suspicion supported by circumstances that examination by a law enforcement officer of a are strong enough to warrant a cautious person’s home, vehicle, or business to find man’s belief that the person accused of evidence that a crime has been committed. being guilty of an offense. A search involves law enforcement officers going 2. Probable cause must be determined through part or all of an individual's property, and personally by the judge looking for specific items that are related to a crime that they have reason to believe has been 3. The judge must examine the complainant committed. and the witness he may produce under oath or affirmation A seizure happens if the officers take possession of items during the search. 4. The warrant must particularly describe the place to be searched and the persons or Note that search and seizure are unreasonable things to be seized. when conducted by a police officer WITHOUT a valid search warrant or warrant of arrest. Arrest without warrant or warrantless arrest is a legal process wherein a peace officer or a private A search warrant is a written order issued and person may, without a warrant, arrest a person. signed by a judge and directed to a peace officer, commanding him to search for personal property In flagrante delicto – the person to be arrested has described therein and bring it before the court. committed, is committing, or is attempting to commit an offense. A warrant of arrest is a legal process issued by a competent authority (judge), directing the arrest Hot pursuit arrest – the police officer should have of an individual or group of persons upon grounds a personal knowledge that the suspect committed stated therein. It is a command in formal writing a particular crime. issues against a person; to take him into custody of law in order that he may be bound to answer for Search without warrant or warrantless search – a the commission of a crime. police officer can only search without a warrant in the following conditions: Page 5 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION 1. If there is consent Forms of communication and correspondence considered private and protected by this provision An individual has freely and voluntarily include: agreed to a search of his or her property. a. Letters b. Messages 2. In cases of exigent circumstances c. Telephone calls d. Telegram If police officers deem that obtaining a warrant to search may jeopardize public Freedom of Expression safety or lead to the loss of evidence. Section 4. No law shall be passed abridging 3. Search incident to an arrest the freedom of speech, of expression, or of the press, or the right of the people A police officer does not need to show a peaceably to assemble and petition the warrant to perform a search in connection government for redress of grievances. with an arrest. Walang ipapasang batas na nagbabawas sa 4. Plain View Doctrine kalayaan ng tao sa pananalita, pagpapahayag o ng pamamahayag, o sa karapatan ng taong-bayan na Privacy of Communications and Correspondence mapayapang makapagtipon at magpetisyon sa pamahalaan upang ilahad ang kanilang mga Section 3. (1) The privacy of communication hinaing. and correspondence shall be inviolable except upon lawful order of the court, or There are four (4) important rights embodied in when public safety or order requires this provision: otherwise, as prescribed by law. a) Freedom of Speech – means an individual (2) Any evidence obtained in violation of is free to speak or utter whatever he wants this or the preceding section shall be without prior restraint. inadmissible for any purpose in any proceeding. b) Right to a Free Press – means an individual is free to write, publish, and circulate Every person has the right to keep his whatever he pleases without restraint communication or correspondence a secret. o Speech and expression – refer to His/her secret communication with others by any form of oral utterances, while phone or by letter is a personal or private matter press covers every sort of that nobody should intrude upon. publication. However, this right may be lawfully suspended c) Freedom of Assembly – refer mainly to upon order of the court if the safety and security peaceful demonstrations related to public of the people is at stake. affairs. Page 6 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION d) Right to Petition – to take up on except upon lawful order of the court. grievances with government without fear Neither shall the right to travel be impaired of persecution. except in the interest of national security, public safety, or public health, as may be Freedom of Speech is not absolute, neither is a provided by law. Free Press. The following are the limitations to Freedom of Speech: Right to Information i. Severe calumny ii. Anything lewd or obscene Section 7. The right of the people to iii. Anything that provokes violence or information on matters of public concern disorder; shall be recognized. Access to official iv. Seditious messages; records, and to documents and papers v. Clear and present danger pertaining to official acts, transactions, or decisions, as well as to government research Freedom of Religion data used as basis for policy development, shall be afforded the citizen, subject to such Section 5. No law shall be made respecting limitations as may be provided by law. an establishment of religion, or prohibiting the free exercise thereof. The free exercise Hindi dapat bawalan ang kalayaan sa paninirahan and enjoyment of religious profession and at ang pagbabago ng tirahan sa saklaw ng mga worship, without discrimination or katakdaang itinatadhana ng batas maliban sa legal preference, shall forever be allowed. No na utos ng hukuman. religious test shall be required for the exercise of civil or political rights. Ni hindi dapat bawalan ang Karapatan sa paglalakbay maliban kung para sa kapakanan ng Hindi dapat magbalangkas ng batas para sa kapanatagan ng bansa, kaligtasang pambayan, o pagtatatag ng relihyon, o nagbabawal sa kalusugang pambayan ayon sa maaaring itadhana malayang paggamit nito. ng batas. Dapat ipahintulot magpakailanman ang malayang Right to form Associations paggamit at pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o Section 8. The right of the people, including pamimili. those employed in the public and private sectors, to form unions, associations, or Hindi dapat kailanganin ang pagsusulit societies for purposes not contrary to law pangrelihiyon sa paggamit ng karapatang sibil o shall not be abridged. pampulitika. Right to Just Compensation Liberty of Abode and of Travel Section 9. Private property shall not be Section 6. The liberty of abode and of taken for public use without just changing the same within the limits compensation. prescribed by law shall not be impaired Page 7 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION Non-Impairment Clause Right to Bail Section 10. No law impairing the obligation Section 13. All persons, except those of contracts shall be passed. charged with offenses punishable by reclusion perpetua when evidence of guilt is Free Access to Courts strong, shall, before conviction, be bailable by sufficient sureties, or be released on Section 11. Free access to the courts and recognizance as may be provided by law. quasi-judicial bodies and adequate legal The right to bail shall not be impaired even assistance shall not be denied to any person when the privilege of the writ of habeas by reason of poverty. corpus is suspended. Excessive bail shall not be required. Miranda Doctrine Constitutional Rights of the Accused Section 12. (1) Any person under investigation for the commission of an Section 14. (1) No person shall be held to offense shall have the right to be informed answer for a criminal offense without due of his right to remain silent and to have process of law. competent and independent counsel preferably of his own choice. (2) In all criminal prosecutions, the accused shall be presumed innocent until the If the person cannot afford the services of contrary is proved, and shall enjoy the right counsel, he must be provided with one. to be heard by himself and counsel, to be These rights cannot be waived except in informed of the nature and cause of the writing and in the presence of counsel. accusation against him, to have a speedy, impartial, and public trial, to meet the (2) No torture, force, violence, threat, witnesses face to face, and to have intimidation, or any other means which compulsory process to secure the vitiate the free will shall be used against attendance of witnesses and the production him. Secret detention places, solitary, of evidence in his behalf. incommunicado, or other similar forms of detention are prohibited. However, after arraignment, trial may proceed notwithstanding the absence of (3) Any confession or admission obtained in the accused provided that he has been duly violation of this or Section 17 hereof shall be notified and his failure to appear is inadmissible in evidence against him. unjustifiable. (4) The law shall provide for penal and civil Habeas Corpus sanctions for violations of this section as well as compensation to and rehabilitation Section 15. The privilege of the writ of of victims of torture or similar practices, habeas corpus shall not be suspended and their families. except in cases of invasion or rebellion when the public safety requires it. Page 8 of 9 PRELIM LECTURE IN HUMAN RIGHTS EDUCATION Right to Speedy Disposition of Cases Non-Imprisonment for Debts Section 16. All persons shall have the right to Section 20. No person shall be imprisoned a speedy disposition of their cases before all for debt or non-payment of a poll tax. judicial, quasi-judicial, or administrative bodies. Right against Double Jeopardy Right against Self-Incrimination Section 21. No person shall be twice put in jeopardy of punishment for the same Section 17. No person shall be compelled to offense. If an act is punished by a law and an be a witness against himself. ordinance, conviction or acquittal under either shall constitute a bar to another Non-Detention by Reason of Political or prosecution for the same act. Aspirations Ex Post Facto Law and Bill of Attainder Section 18. (1) No person shall be detained solely by reason of his political beliefs and Section 22. No ex post facto law or bill of aspirations. attainder shall be enacted. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been [ END OF LECTURE] duly convicted. Prohibited Punishments RYWELLE R. BRAVO Section 19. (1) Excessive fines shall not be Students Affairs Coordinator / imposed, nor cruel, degrading or inhuman Director for Student Welfare and Support Services punishment inflicted. Neither shall the Rm. 302B, 3/F PhilCST Main Bldg. death penalty be imposed, unless, for compelling reasons involving heinous Or reach me virtually through: crimes, the Congress hereafter provides for GMail: [email protected] it. Viber: 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. Page 9 of 9