human rights chapter 4 (1).pptx

7/27/2019 human rights chapter 4 (1).pptx

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Chapter IV


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civil and political rights- rights which the law will enforceat the instance of individuals without discrimination for theenjoyment of their lives, liberty, and means of happiness

Examples:1. right to be free from arbitrary arrest and detention2. freedom from torture

3. right to life

The said rights essentially trace their origin from theAmerican Bill of Rights and the French Declaration

commonly referred to as the negativerights.


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The International Covenant of Civil and Political Rightsstarts with the right to self-determination, which includesthe right to freely determine their political status and to

pursue their economic, social, and cultural development.

The State shall pursue an independent foreign policy. Inits relations with other states the paramount consideration shall be

national sovereignty, territorial integrity, national interest, andthe right to self-determination.(Art. II, Sec. 7)

No person shall be deprived of life, liberty or propertywithout due process of law x x x(Art. III, Sec. 1)


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No person, not even the state authority, has the right totake the life of a person except in the cases of heinouscrimes.

The concept of heinous crimes is now limited to grievousoffenses like genocide, war crimes, and crimes againsthumanity.

euthanasia- decision of a person who is terminally ill withlittle hope of recovering may give his consent to a physicianto terminate his life or to withdraw all life support ormedicine

An attempt to legalize euthanasia in the Philippines failedwhen it met the opposition of the CHR which contendedthat it violates Art. 253 of the Revised Penal Code.


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Abortion, whether intentional or unintentional expulsionof the fetus from the mothers womb before the term of itsviability is another violation of the right to life.

The State recognizes the sanctity of family life and shallprotect and strengthen the family as a basic autonomous socialinstitution. It shall equally protect the life of the mother and the

life of the unborn from conception. x x x(Art. II, Sec. 12)

Legalizing abortion in the Philippines also contradictsArticles 256 and 257 of the Revised Penal Code.


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slavery- status or condition of a person over whom any orall of the powers attaching to the right of ownership areexercised

slave- status of a person over whom the right of ownershipis attached; considered a chattel which can be disposed of atthe will of the master

The concept of slavery has been expanded to cover thepractices of sale of children, child labor, debt bondage,traffic of persons, exploitation or the prostitution of others.


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No involuntary servitude in any form shall exist except asa punishment for a crime whereof the party shall have been dulyconvicted.(Art. III, Sec. 18 [2])

Art. 272 of the Revised Penal Code punishes anyone whoshall purchase, sell, kidnap or detain a human being for thepurpose of enslaving him.

Under Art. 8, Sec. 3(b) of the Convention on Civil andPolitical Rights, forced or hard labor is legal in countrieswhere imprisonment for hard labor may be imposed as apunishment for crime; for work as ordered by a competentcourt or work required of a detained prisoner upon lawfulorder of court or as a condition to his release; or service in amilitary character or national service exacted in cases ofemergencies/calamities or as part of normal civil obligation.


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torture- any act by which severe pain or suffering, whetherphysical or mental, is intentionally inflicted on a person forsuch purposes as obtaining from him or a 3rd person

information or a confession, punishing him for an act he or a3rd person has committed , or intimidating or coercing himor a 3rd person, or for any reason based on discrimination ofany kind, when such pain or suffering is inflicted by or of

the instigation of or with the consent or acquiescence of apublic official or other person acting in an official capacity

No torture, force, violence, threat, intimidation, or anyother means which vitiate the free will shall be used against him.Secret detention places, solitary, incommunicado, or other similar

forms of detention are prohibited.(Art. III, Sec. 12[2])


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The right of equality before the law prohibits any form ofdiscrimination.

x x x nor shall any person be denied the equal protectionof the laws.(Art. III, Sec. 1)

equal protection of the law- all persons or things, similarly

situated must be treated alike both as to the rights conferredand the liabilities imposed


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Arts. 124 and 125 of the Revised Penal Code penalizes anyact of a public officer or employee who detains any personwithout legal ground.

Arbitrary detention begins not merely from the moment aperson is locked in a prison cell but from the moment suchperson is deprived of his liberty without legal grounds.

The right of the people to be secure in their persons,houses, papers, and effects against unreasonable searches andseizures of whatever nature and for any purpose shall beinviolable, and no search warrant or warrant of arrest shall issueexcept upon probable cause to be determined personally by the

judge after examination under oath or affirmation of thecomplainant and the witnesses he may produce, and particularlydescribing the place to be searched and the persons or things to be

seized.(Art. III, Sec. 2)


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The practice of the police or the military of maintainingcheckpoints at some street corners and searching a personpassing or stopping a vehicle to conduct searches has been

constituted as violation of human rights.

1. Any person under investigation for the commission ofan offense shall have the right to be informed of his right to remain

silent and to have competent and independent counsel preferablyof his own choice. If the person cannot afford the services ofcounsel, he must be provided with one. These rights cannot bewaived except in writing and in the presence of counsel.

2. No torture, force, violence, threat, intimidation, or anyother means which vitiate the free will shall be used against him.Secret detention places, solitary, incommunicado, or other similar

forms of detention are prohibited.


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3. Any confession or admission obtained in violation of thisor Section 17 hereof shall be inadmissible in evidence against him.

4. The law shall provide for penal and civil sanctions forviolations of this Section as well as compensation to therehabilitation of victims of torture or similar practices, and their

families. (Art. III, Sec. 12)


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Miranda Doctrine- an accused must be informed of thefollowing Constitutional rights:1. right to be duly checked

2. right to be informed of the reason for arrest3. right to remain silent and to counsel4. that any statement they make must be with the assistanceof the counsel


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In all criminal prosecutions, the accused shall bepresumed innocent until the contrary is proved, and shall enjoythe right to be heard by himself and counsel, to be informed of the

nature and cause of the accusation against him, to have a speedy,impartial, and public trial, to meet the witnesses face to face, andto have compulsory process to secure the attendance of witnessesand the production of evidence in his behalf. However, after

arraignment, trial may proceed notwithstanding the absence of theaccused: Provided, that he has been duly notified and his failure toappear is unjustifiable. (Art. III, Sec. 14[2])


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The right of confrontation of the accused is intended togive him the opportunity to cross-examine the witnessespresented against him.

No person shall be compelled to be a witness againsthimself. (Art. III, Sec. 17)

In all criminal prosecutions, the accused shall be presumedinnocent until the contrary is proved x x x.(Art. III, Sec. 14[2])


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bail- security filed by an accused for his temporary release

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 releasedon recognizance as may be provided by law. The right to bail shallnot be impaired even when the privilege of the writ of habeas

corpus is suspended. Excessive bail shall not be required. (Art. III,Sec. 13)


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The right to appeal is not expressly provided for in thePhilippine Constitution. In many cases decided by theSupreme Court, it has been stated that appeal is a privilege,

sometimes treated as a statutory right.

No person shall be twice put in jeopardy of punishmentfor the same offense. If an act is punished by a law and an

ordinance, conviction or acquittal under either shall constitute abar to another prosecution for the same act.(Art. III, Sec. 21)

Requisites for Protection Against Double Jeopardy:1. Valid complaint or information2. filed before a competent court3. defendant had pleaded to the charge4. defendant was acquitted, convicted, or the case againsthim was dismissed or otherwise terminated without the

express consent of the defendant


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By virtue of Art. XIII, Sec. 18 of the PhilippineConstitution, the Congress has enacted R.A. No. 7309 in1991, creating the Board of Claims under the Department of

Justice to provide compensation for the victims of unjustimprisonment or detention, and victims of violent crimes.

Pursuant to the principle of the best interest of the

child, the law has set special procedures for juveniles whobecome involved in criminal or civil proceedings.


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ex post facto law- one which:1. makes criminal an act done before the passage of the law andwhich was innocent when done, and punishes such an act;

2. aggravates a crime, or makes it greater than it was, whencommitted;3. changes the punishment and inflicts a greater punishmentthan the law annexed to the crime when committed;4. alters the legal rules of evidence, and authorizes convictionupon less or different testimony than the law required at thetime of the commission of the offense;5. assuming to regulate civil rights and remedies only, in effectimposes penalty or deprivation of a right for something which

when done was lawful; and6. deprives a person accused of a crime of some lawfulprotection to which he has become entitled, such as theprotection of a former conviction or acquittal, or aproclamation of amnesty (in re: Kay Villegas Kami, Inc.)


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The privacy of communication and correspondence shallbe inviolable except upon lawful order of the court, or when publicsafety or order requires otherwise, as prescribed by law.(Art. III,

Sec. 3[1])

The Supreme Court, in a number of cases, has expanded themeaning of the right to privacy.

The liberty of abode and of changing the same within thelimits prescribed by law shall not be impaired except upon lawfulorder of the court. Neither shall the right to travel be impairedexcept in the interest of national security, public safety, or public

health, as may be provided by law. (Art. III, Sec. 6)

The liberty of abode and travel does not include the rightto return to ones country, as held in Marcos vs. Manglapus


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asylum- granting of sanctuary by a State to personspolitically persecuted in his own country

The right of asylum cannot be invoked by persons whocommitted non-political crimes.

nationality- belonging and owing allegiance to a State

Everyone has the right to nationality and no one shall bearbitrarily deprived of his nationality. (Art. 15 of UniversalDeclaration of Human Rights)

The right of men and women of marriageable age tomarry and found a family shall be recognized. (Art. 23, Sec.2 of the Political Covenant)


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Everyone has the right to own property alone as well as inassociation with others. (Art. 17, Sec. 1 of UniversalDeclaration of Human Rights)

No law shall be made respecting an establishment ofreligion, or prohibiting the free exercise thereof. The free exerciseand enjoyment of religious profession and worship, without

discrimination or preference, shall forever be allowed. No religioustest shall be required for the exercise of civil or political rights.(Art. III, Sec. 5)

No person shall be detained solely by reason of his

political beliefs and aspirations.(Art. III, Sec. 18[1])

The separation of Church and State shall be inviolable.(Art. II, Sec. 6)


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political rights- rights to participate directly or indirectly inthe establishment or administration of government

No law shall be passed abridging the freedom of speech, ofexpression, or of the press, or the right of the people peaceably toassemble and petition the government for redress of grievances.(Art. III, Sec. 4)

Freedom of expression, however, may be subjected toregulations or limitations as provided by law if necessary, inorder to maintain respect of the rights and reputation ofothers, or for the protection of national security, public

order, or public morals if the same would result to aviolation of Art. 355 and 375 of the Revised Penal Code.


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The right of the people to information on matters of publicconcern shall be recognized. Access to official records, and todocuments and papers pertaining to official acts, transactions, or

decisions, as well as to government research data used as basis forpolicy development, shall be afforded the citizen, subject to suchlimitations as may be provided by law. (Art. III, Sec. 7)

Subject to reasonable conditions prescribed by law, theState adopts and implements a policy of full public disclosure of allits transactions involving public interest. (Art. II, Sec. 28)


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peaceful assembly- right of citizens to meet peacefully forconsultation in respect to public issues and to petition thegovernment for redress of grievances

The right to peaceably assemble may be restricted on thegrounds of national security, public order, the protection ofpublic health or morals, or the protection of the rights or

freedom of others.


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The right of the people, including those employed in thepublic and private sectors, to form unions, associations, orsocieties for purposes not contrary to law shall not be abridged.

(Art. III, Sec. 8)

The State shall respect the role of independent people'sorganizations to enable the people to pursue and protect, within

the democratic framework, their legitimate and collective interestsand aspirations through peaceful and lawful means. (Art. XIII,Sec. 15)


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Suffrage may be exercised by all citizens of the Philippines,not otherwise disqualified by law, who are at least eighteen years ofage, and who shall have resided in the Philippines for at least one

year and in the place wherein they propose to vote, for at least sixmonths immediately preceding the election. No literacy, property,or other substantive requirement shall be imposed on the exerciseof suffrage. (Art. V, Sec. 1)


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LEADER:

TAN, Jose Lorenzo

MEMBERS:AURE, Benedict John

DIONISIO, Mary AnnJAVIER, Al Joseph

MENDOZA, RudthenSANTOS, Aaron Bailey

Thank you very much!

human rights chapter 4 (1).pptx

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