General Nature and Definition of Human Rights

HUMAN RIGHTS LAW
GENERAL NATURE
HUMAN RIGHTS
AND
DEFINITION
OF
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 to satisfy our spiritual and
other needs.
Supreme, inherent, and inalienable rights
to life, dignity, and self-development.
The essence of these rights makes man
human.
Basic Characteristics of Human Rights:

1. Inherent
Not granted by any person or
authority
2. Fundamental
Without them, the life and dignity
of man will be meaningless
3. Inalienable
Cannot be rightfully taken away
from a free individual
Cannot be given away or be
forfeited
4. Imprescriptible
Cannot be lost even if man fails to
use or assert them, even by a long
passage of time
5. Indivisible
Not capable of being divided
Cannot be denied even when other
rights have already been enjoyed
6. Universal
Applies irrespective of ones origin,
status, or condition or place where
one lives
Rights can be enforced without
national border
7. Interdependent
The fulfillment or exercise of one
cannot
be
had
without
the
realization of the other
Human Rights Principles:
The dignity of man and human life is

inviolable. From the dignity of man is
derived the right of every person to free
development of his personality.
A legitimate state should exist to assure
that in the discharge of the governmental
functions, the dignity that is the birthright
of every human being is duly safeguarded.
Classification of Rights:
According to Source
Nikki T. Sia | WLC School of Law Page 1
1. Natural Rights
God-given rights, acknowledged by
everybody to be morally good
Unwritten, but prevail as norms of
the society
2. Constitutional Rights
Conferred and protected by the
Constitution and which cannot be
modified or taken away by the lawmaking body
3. Statutory Rights
Those rights which are provided by
law promulgated by the lawmaking body
May be abolished by the body that
created them
According to Recipient
1. Individual Rights
Accorded to individuals
2. Collective Rights
Also called peoples rights or
solidarity rights
Rights of the society, those that
can be enjoyed only in company
with others
According to Aspect of Life
1. Civil Rights
Rights which the law will enforce at
the instance of private individuals
for the purpose of securing to them
the enjoyment of their means of
happiness
Partake of the nature of political
rights when they are utilized as a
means to participate in the
government
2. Political Rights
Rights
which
enable
us
to
participate in running the affairs of
the government either directly or
indirectly
3. Economic and Social Rights
Those which the law confers upon
the people to enable them to
achieve
social
and
economic
development
4. Cultural 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
expression.
According to Struggle for Recognition
1. First Generation Rights
HUMAN RIGHTS LAW

Civil and political rights which
derives primarily from the 17th and
18th centuries reformist theories
Conceives of human rights more in
negative (freedom from) than
positive (rights to) terms
Favors the abstention rather the
intervention of government in the
exercise of freedoms and in the
quest for human dignity
2. Second Generation Rights
Covers economic, social, and
cultural rights which find their
origin primarily in the socialist
tradition
Conceives of human rights more in
positive terms
Fundamental claims to social
equality
3. Third Generation Rights
Covers collective rights
2.
3.
4.
According to Derogability
1. Absolute or Non-Derogable Rights
Those that cannot be suspended
nor
taken
away
nor
restricted/limited even in extreme
emergency and even if the
government
invokes
national
security
2. Derogable or Can-Be-Limited Rights
May be suspended or restricted or
limited
depending
on
the
circumstances which call for the
preservation of social life
Must satisfy three requirements for
it to be valid:
i. It is provided for by law
which is made known to
every citizen;
ii. There
is
a
state
of
emergency
which
necessitates
the
urgent
preservation of the public
good, public safety, and
public moral;
iii. It does not exceed what is
strictly necessary to achieve
the purpose.
5.
6.
Categories of Human Rights

1. Fundamental Freedom in Political Rights
i. Freedom of conscience and
religion
ii. Freedom of thought, belief,
opinion and expression
iii. Freedom of the press and
communication
iv. Freedom
of
association,
freedom
of
peaceful
assembly
7.
v. Rights
to
privacy,
reputation,
and
human
dignity
Democratic Rights
Commonly
exercised
in
a
democratic state
i. Right to vote and to
participate in the electoral
process
ii. Right to participate in public
or governmental affairs
Mobility Rights
National
and
international
in
character
i. Right to travel
ii. Right to return to ones
country
iii. Freedom
of
movement
within the country
Right to Life, Liberty, and Security of the
Person
Represent the core of fundamental
rights which relate to the right to
physical and personal integrity,
consistent with human dignity
i. Right to protection against
political
and
other
extrajudicial killings, the
disappearances of persons,
and torture and other cruel
inhuman
or
degrading
treatment or punishment
Legal Rights
Constitute due process that can be
invoked by persons accused
i. Freedom
from
arbitrary
arrest and detention
ii. Protection
against
unreasonable search and
seizure
iii. Right to counsel
iv. Right to fair and public trial
v. Presumption of innocence
vi. Right
against
selfincrimination
Rights of Equality
Also known as the right against
discrimination
Everyone is equal before the law
and is entitled to equal protection
or the equal benefit of the law
i. Protection
against
discrimination
on
the
grounds
of
sex,
race,
religion, ethnic origin, age,
marital status, and political
and social condition
Economic, Social and Cultural Rights
Considered more of standards to be
observed by the state
i. Right to social security,
social insurance, protection
and assistance to the family
HUMAN RIGHTS LAW

ii. Right
to
an
adequate
standard of living, adequate
food, clothing and housing
iii. Right to physical and mental
health
iv. Right to education
v. Right to be part of the
artistic and scientific life of
the country
8. Workers Rights
i. Right to association
ii. Right to organize unions
iii. Right to bargain collectively
iv. Prohibition of forced labor
v. Prohibition of employment
of children
vi. Guarantee
of
minimum
wages and other support
9. Aboriginal Rights
Associated with the rights of
indigenous
cultural
tribes
or
communities
10. Reproductive Rights
i. Right to found a family and
bear children
ii. Right to gender sensitivity
and
the
biomedical
technology
iii. Right to family planning
11. Protective Rights of Persons in Armed
Conflicts
Provided
in
the
international
humanitarian law for the protection
of children, women and noncombatants during internal armed
conflicts
12. Right of Self-determination
i. Right of people to be free
from colonial rule
ii. Right of people to decide
their own destiny
13. Minority Group Rights
i. Protection
of
ethnic,
linguistic
and
religious
minorities
Laguna Lake Development Authority v. CA, 231
SCRA 292
Facts: A letter-complaint was filed with the
Laguna Lake Development Authority (LLDA),
seeking to stop the operation of the open
garbage dumpsite in the Tala Estate in Caloocan,
due to its harmful effects on the health of the
residents and the possibility of pollution of the
water content of the surrounding area. It was
discovered that the open dumpsite did not have
an Environmental Compliance Certificate from the
Environmental Management Bureau of the
Department of Environmental and Natural
Resources, as required under Presidential Decree
No. 1586, and a clearance from the LLDA as
required under Republic Act No. 4850. The LLDA
then
conducted
an
on-site
investigation,
monitoring and test sampling of the leachate that
seeps from the said dumpsite to the nearby creek
which is a tributary of the Marilao river. The
leachate testing revealed the presence of
bacteria. As a result, the LLDA issued a Cease and
Desist Order ordering that the dumping of any
form or kind of garbage and other waste matter
at the Caloocan dumpsite be completely stopped.
When talks on the dumpsite failed to settle the
problem, the dumpsite was opened again,
prompting the LLDA to issue another Cease and
Desist Order. Thereafter, the LLDA, with the
assistance of the Philippine National Police,
enforced the Order by prohibiting the entry of all
garbage dump trucks into the Caloocan dumpsite.
The City Government of Caloocan then filed with
the RTC of Caloocan City an action for the
declaration of nullity of the Cease and Desist
Order, and sought to be declared as the sole
authority empowered to promote the health and
safety and enhance the right of the people in
Caloocan City to a balanced ecology within its
territorial jurisdiction.
Issues and Rulings:
1. Does the LLDA have the authority to
entertain the complaint against the
dumping of garbage in the open dumpsite
in Caloocan authorized by its City
Government
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 exposure to
pollution caused by such open garbage
dumpsite?
YES. The LLDAs jurisdiction was validly
invoked on the basis of the allegation that the
open dumpsite of the City Government of
Caloocan was undertaken without a clearance
from the LLDA, as required by RA 4850. As a
general rule, the adjudication of pollution cases
generally pertains to the Pollution Adjudication
Board, except in cases where the special law
provides for another forum. It must be recognized
that in this regard that the LLDA, by virtue of its
special charter, obviously has the responsibility to
protect the inhabitants of the Laguna Lake region
from the deleterious effects of pollutants
emanating from the discharges of wastes from
the surrounding areas. In carrying out the
national policy of promoting and accelerating the
development and balanced growth of the Laguna
Lake area and the surrounding provinces of Rizal
and Laguna and the cities of San Pablo, Manila,
Pasay, Quezon and Caloocan with due regard and
adequate
provisions
for
environmental
management and control, preservation of the
HUMAN RIGHTS LAW

quality of human life and ecological systems, and
the prevention of undue ecological disturbances,
deterioration and pollution, the LLDA is
mandated, among others, to pass upon and
approve or disapprove all plans, programs, and
projects
proposed
by
local
government
offices/agencies within the
region,
public
corporations, and private persons or enterprises
where such plans, programs, and/or projects are
related to those of the LLDA for the development
of the region.
2. Does the LLDA have the power and
authority to issue a Cease and Desist
Order to enjoin the dumping of garbage in
the Tala Estate?
YES. Although the LLDA was not expressly
conferred the power to issue an ex parte cease
and desist order in express terms, the LLDAs
issuance of one, as a practical matter of
procedure under the circumstances of the case, is
a proper exercise of its power and authority under
its charter and its amendatory laws. The provision
which empowers the LLDA to instituted necessary
legal proceedings against any person who shall
commence
to
implement
or
continue
implementation of any project, plan or program
within the Laguna de Bay region without previous
clearance from the LLDA was designed to invest
the LLDA with sufficiently broad powers in the
regulation of all projects initiated in the Laguna
Lake region, whether by the government or the
private sector, insofar as the implementation of
these projects is concerned. Moreover, Section 16
of Article II of the 1987 Constitution states that:
The
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.
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 to protect and
promote the right to health of the people and
instill health consciousness among them. It is to
be borne in mind that the Philippines is party to
the Universal Declaration of Human Rights and
the Alma Conference Declaration of 1978 which
recognize health as a fundamental human right.
The LLDAs charter is but a response to the
demands of the necessities of protecting vital
public interests which gives vitality to the
abovementioned state policies and principles.
HISTORY, THEORIES OF SOURCES

DEVELOPMENT OF HUMAN RIGHTS
AND
History
Human rights were asserted by the

citizens against tyrannical governments.
They arose from the struggle of man
against injustices of despotic rulers.
The struggle for the respect of human
rights was originally a domestic or national
issue.
The atrocities committed on masses of
people during World War II have convinced
international jurists that the protection of
human rights should be an international
concern.
o Respect for human rights mainly
concerns
individuals
without
distinction as to nationality or
citizenship.
o Violation of human rights are
offenses without borders.
Theories of Sources of Rights:

1. Religious/Theological Approach
o A basis of human rights theory
stemming from a law higher than
the state and whose source is the
Supreme Being.
Human
rights
are
not
concessions
granted
by
human
institutions
or
states, or any international
organization as they are
God-given rights.
o Central to the doctrines of all
religions is the concept of dignity of
man as a consequence of human
rights.
o The divine source gives human
beings a high value of worth.
o The belief of a universal common
creation
means
a
common
humanity
and
consequently
universal, basic and fundamental
rights. And since rights come from
a
divine
source,
they
are
inalienable and cannot be denied
by mortal beings.
o Criticism: Some religions impose so
many restrictions on individual
freedom; some religions even
tolerate
slavery,
discrimination
against women, and imposition of
the death penalty
2. Natural Law Theory
o Originated from the Stoics and
elaborated by Greek philosophers
HUMAN RIGHTS LAW

and later by ancient Roman law
jurists.
o Perceives that the conduct of men
must always conform to the law of
nature.
o Natural
law
embodies
those
elementary principles of justice
which were right reason, i.e., in
accordance
with
nature,
unalterable, eternal.
o Philosophers:
Thomas
Aquinas
considered natural law as

the law of right reason in
accordance with the law of
God, commonly known as
the scholastic natural law
Hugo Grotius the natural
characteristics of human
beings
are
the
social
impulse to live peacefully
and in harmony with others
whatever conformed to the
nature of men as natural
human beings was right and
just; whatever is disturbing
to social harmony is wrong
and unjust
John Locke envisioned
human beings in a state of
nature, where they enjoyed
life, liberty and property
which are deemed natural
rights
o Became the basis of the natural
rights of man against oppressive
rulers
o Nuremberg Trials rationale for
finding the Nazis guilty: the crimes
committed were offenses against
humanity and there is no need of a
law penalizing the acts
3. Positivist Theory/Legal Positivism
o All rights and authority come from
the state and what officials have
promulgated.
o The only law is what is commanded
by the sovereign.
o The source of human rights is to be
found only in the enactment of a
law with sanctions attached.
o A right is enjoyed only if it is
recognized
and
protected
by
legislation promulgated by the
state.
4. Historical Theory
o Advocates that human rights are
not deliberate creation or the effort
of man but they have already
existed through the common
5.
6.
7.
8.
consciousness of the people of

what is right and just.
o Human
rights
exist
through
gradual,
spontaneous
and
evolutionary process without any
arbitrary will of any authority.
Theory of Marxism
o Emphasizes the interest of society
over an individual mans interest.
Individual freedom is recognized
only after the interest of society is
served.
o Concerned with economic and
social rights over civil or political
rights of community.
o Referred to as parental with the
political
body
providing
the
guidance in value choice. But the
true choice is the government set
by the state
Functional/Sociological Approach
o Human rights exist as a means of
social control, to serve the social
interests of society.
o Lays emphasis of obtaining a just
equilibrium of multifarious interests
among prevailing moral sentiments
and the social and economic
conditions of the time and place.
Utilitarian Theory
o Seeks to define the notion of rights
in terms of tendencies to promote
specified ends such as common
good.
o Every
human
decision
was
motivated by some calculation of
pleasure and pain. The goal is to
promote the greatest happiness of
the greatest number.
o Everyone is counted equally, but
not treated equally.
o Requires
the
government
to
maximize the total net sum of
citizens.
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 takes into
consideration the interests of the
society and tends to augment the
happiness of the entire community.
Theory Based on Dignity of Man/Policy
Science Approach
o Human rights means sharing
values of all identified policies upon
which human rights depend on.
HUMAN RIGHTS LAW

The most important values are
respect, power, knowledge, health,
and security.
o The ultimate goal of this theory is a
world community where there is
democratic sharing and distribution
of values.
o All available resources are utilized
to the maximum and the protection
of human dignity is recognized.
9. Theories of Justice
o Each person possesses inviolability
founded on justice.
o The rights secured for justice are
not subject to political bargaining
or to social interests.
o Each person has equal rights to the
whole system of liberties. There is
no justice in a community where
there are social and economic
inequalities.
o The general conception of justice is
one of fairness and those social
primary goods such as opportunity,
income and wealth and self-respect
are to be distributed equally.
10. Theory Based on Equality and Respect of
Human Dignity
o The recognition of individual rights
in the enjoyment of the basic
freedoms such as freedom of
speech, religion, assembly, fair trial
and access to courts.
o Governments must treat all their
citizens equally. For this purpose,
the government must intervene in
order to advance general welfare.
o
Origin of Human Rights in the Philippines

20 June 1899 Malolos Constitution: contained
several provisions on civil and political rights
1902 Philippine Bill of 1902
1916 Philippine Autonomy Act of 1916/Jones
Law
1934
Philippine
Independence
1934/Tydings-McDuffee Law
Act
of
1935 First Philippine Constitution: contained Bill

of Rights
1973 Second Philippine Constitution
1983 Present Philippine Constitution
From 1942 to 1944, the Filipinos were

temporarily deprived of the enjoyment of
the civil and political rights during the
military rule of Japan. But these were
immediately restored in 1945.
The Filipinos were again subjected to

violation of human rights during the
authoritarian rule of President Marcos,
which was terminated during the February
1986 revolution.
Human Rights Instruments

Philippines is a Signatory:
to
which
The
1. International Covenant of Economic, Social

and Cultural Rights (7 June 1974)
2. International Covenant on Civil and
Political Rights (23 October 1986)
3. Optional Protocol International Covenant
on Civil and Political Rights (22 August
1989)
4. International
Convention
on
the
Elimination of All Forms of Racial
Discrimination (15 September 1976)
5. International
Convention
on
the
Suppression and Punishment of the Crime
of Apartheid (27 July 1987)
6. International
Convention
against
Apartheid (27 July 1987)
7. International
Convention
on
the
Elimination of All Forms of Discrimination
Against Women (5 August 1981)
8. Convention on the Political Rights of
Women (12 September 1957)
9. Convention on the Rights of the Child (21
August 1990)
10. Slavery Convention of 1926 (12 July 1955)
11. Protocol Amending the Slavery Convention
(17 November 1965)
12. Supplementary
Convention
on
the
Abolition of Slavery, the Slave Trade and
Institutions and Practices (17 November
1965)
13. Convention on the Suppression of the
Trafficking of Persons and the Exploitation
of Others (19 September 1952)
14. Convention against Torture and other
Cruel, Inhuman, or Degrading Treatment
or Punishment (18 June 1986)
15. The Convention on the Consent to
Marriage, Minimum Age for Marriage and
Registration of Marriage (21 January 1965)
16. International Convention on the Protection
of All Migrant Workers and Members of
their Families (13 November 1993)
17. Convention on the Nationality of Married
Women
18. Convention on the Status of Stateless
Persons (22 June 1955)
19. Convention Relating to the Status of
Refugees (22 July 1981)
20. Convention on the Prevention and the
Punishment of the Crime of Genocide (7
July 1950)
21. Convention
on
Non-applicability
of
Statutory Limitation on War Crimes and
Crimes Against Humanity (15 May 1973)
HUMAN RIGHTS LAW

22. Protocol
Additional
to
the
Geneva
Convention of 12 August 1949, Relating to
the Protection of Victims of NonInternational Armed Conflicts (Protocol II)
(11 July 1987)
(11) Perform such other duties and functions

as may be provided by law.
Cario v. Commission on Human Rights, 204
SCRA 483
The Philippine Commission on Human Rights
Facts:
Creation: Mandated by the 1987 Constitution;

formally constituted by President Aquinos
Executive Order No. 163
For joining the concerted mass actions of

public teachers and for failure to heed the returnto-work order issued by DECS Secretary Cario,
eight teachers from the Ramon Magsaysay High
School, namely Graciano Budoy, Julieta Babaran,
Elsa Ibabao, Helen Lupo, Amparo Gonzales, Luz
del Castillo, Elsa Reyes and Apolinario Esber were
administratively charged, preventively suspended
for 90 days, and temporarily replaced. The said
eight teachers, led by their counsel, subsequently
staged a walkout signifying their intent to boycott
the proceedings. Thereafter, Secretary Cario
rendered a decision ordering the dismissal from
service of Esber, and the 9-month suspensions of
Babaran, Budoy, and del Castillo. The eight
teachers then complained to the Commission on
Human Rights on the ground that they were
denied due process. Secretary Cario filed a
motion to dismiss with the CHR on the ground
that the CHR had no jurisdiction over the case.
Composition and Qualifications: One Chairman

and four Members, who must be natural-born
citizens of the Philippines and a majority of whom
shall be members of the Bar (Section 17, Art. XIII,
1987 Constitution)
Powers and Functions: (Section 18, Art. XIII, 1987
Constitution)
(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
preventive 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 primacy of
human rights;
(6) Recommend to Congress effective
measures to promote human rights and
to provide for compensation to victims of
violations of human rights, or their
families;
(7) Monitor the Philippine Governments
compliance with international treaty
obligations on human rights;
(8) 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 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
Issue and Ruling:

1. W/N the CHR has the power under the
Constitution to try and decide, or hear and
determine, certain specific type of cases,
like alleged human rights violations
involving civil or political rights.
NO. The CHR was not meant by the
Constitution to be another court or quasi-judicial
agency in this country. The most that may be
conceded to the CHR in the way of adjudicative
power is that it may investigate, i.e., receive
evidence and make findings of fact as regards
claimed human rights violations involving civil
and political rights. Fact finding is not
adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasijudicial agency or official. The function of
receiving evidence and ascertaining therefrom
the facts of a controversy is not a judicial
function, properly speaking. To be considered
such, the faculty of receiving evidence and
making 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, subject to
such appeals or modes of review as may be
provided by law. This function, to repeat, the
Commission does not have.
HUMAN RIGHTS LAW

The Constitution clearly and categorically
grants to the CHR the power to investigate all
forms of human rights violations involving civil
and political rights. It can exercise that power on
its own initiative or complaint of any person. It
may exercise 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 Court. In 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. It may also request the assistance of
any department, bureau, office, or agency in the
performance of its functions, in the conduct of its
investigation or in extending such remedy as may
be required by its findings. But it cannot try and
decide cases (or hear and determine causes) as
courts of justice, or even quasi-judicial bodies do.
To investigate is not to adjudicate or adjudge.
Whether in the popular or in the technical sense,
these terms have well understood and quite
distinct meanings.
Simon v. Commission on Human Rights, 229 SCRA
7
Facts:
A Demolition Notice was sent by the Office
of the Quezon City Mayor to the officers and
members of the North EDSA Vendors Association
(NEVA), which gave the latter three days to
vacate their stalls in order to give way to the
Peoples Park. The NEVA, led by the President
Roque Fermo, filed a letter-complaint with the
CHR, asking that a letter be addressed to then
Mayor Brigido Simon, Jr. of Quezon City to stop
the demolition of their stalls, sari-sari stores, and
carinderia along EDSA. The CHR subsequently
issued an Order directing the QC Officers to desist
from demolishing the stalls and shanties at North
EDSA pending resolution of the vendors
complaint before the Commission.
Notwithstanding said Order, the QC
Officers carried out the demolition of the stalls,
sari-sari stores, and carinderia, prompting the
CHR to order the disbursement of financial
assistance of not more than P200,000.00 in favor
of the vendors to purchase light housing
materials and food under the CHRs supervision
and again directed the QC Officers to desist from
further demolition, with the warning that violation
of said Order would lead to a citation for
contempt and arrest. The QC Officers filed a
motion to dismiss, questioning the CHRs
jurisdiction. Subsequently, the CHR cited the QC
Officers 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 P500.00 on each of them.
Issues and Ruling:
1. W/N the CHR has jurisdiction to
investigate the violation of the rights of
those
vendors
whose
stalls
were
demolished by the QC Officers at the
instance and authority given by N Mayor
of QC.
NO. The order for the demolition of the stalls,
sari-sari stores and carinderia of the vendors does
not fall within the compartment of human rights
violations involving civil and political rights
intended by the Constitution.
2. W/N the CHR has jurisdiction to impose a
fine of P500.00 on each of the QC Officers.
NO. Although the CHR is constitutionally
authorized to adopt its operational guidelines and
rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of
Court, and accordingly, the CHR acted within its
authority in providing in its revised rules, its
power to cite or hold any 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 Court, 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 adjudicative
power that it does not possess.
NOTE: 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.
HUMAN RIGHTS LAW

UN Commission on Human Rights
THE INTERNATIONAL
RIGHTS
BILL
OF
HUMAN
Main objective of the United Nations:

recognition and respect of human rights
the
Purpose of the UN: the promotion and

encouragement of respect for human rights and
for fundamental freedoms for all without
distinction as to race, sex, language, or religion
The UN Charter contains at least seven articles on

human rights:
1. Article 13, which directs the General

Assembly the task of initiating studies and
recommendations for the purpose of
assisting in the realization of human rights
and fundamental freedom
2. Article 55(c), which commits the UN to
promote
universal
respect
for
an
observance
of human rights and
fundamental freedoms
3. Article 56, which provides for the clear
legal obligation of all members to pledge
themselves and take joint and separate
actions in cooperation with the UN for the
advancement of the purposes set forth in
Article 55(c)
4. Article 62(2), which states that the
Economic and Social Council may make
recommendations for the purpose of
promoting respect for an observance for
human rights and fundamental freedom
for all
5. Article
76,
which
mandates
the
Trusteeship System to encourage respect
for the human rights and for fundamental
freedom for all without distinction as to
race, sex, language, or religion and to
encourage
recognition
of
the
interdependence of the peoples of the
world
6. Article 10, which suggests to the General
Assembly to discuss any matter within the
scope of the Charter which may concern
human rights
7. Article 69(2), which provides that the
Economic and Social Council, with the
approval of the General Assembly, may
perform services at the request of any
member state
Basis for the advisory services
program on human rights such as
providing experts or granting
fellowships or organizing seminars
NOTE: In fine, every article in the UN Charter
which refers to the purposes of the UN is deemed
to include the promotion of human rights.
Formally established by the Economic and

Social Council to assist in all matters
relating in human rights
Composed of 43 members
Deals with all aspects of human rights
issues involving the participation of all
sectors of the international committee
Undertakes special tasks assigned to it by
the General Council, including the
investigation of all allegations of human
rights violations
Coordinates activities relating to human
rights through the UN System
Sub-commissions of independent experts
are elected and empowered to undertake
studies and to make recommendations to
prevent discrimination, protect minority
rights and fundamental freedoms
Special rapporteurs or working groups are
appointed to deal with special topics
o Discrimination
in
education,
religion and the administration of
justice
o The adverse consequences for
human rights caused by political,
military, economic and other forms
of assistance to colonial and racist
regimes
o The rights of ethnic, religious, and
linguistic minorities
o Issues related to self-determination
o The realization of economic, social
and cultural rights
o The
rights
of
indigenous
populations
o The new international economic
order and the promotion of human
rights
o The right to adequate food as a
human right
o The exploitation of child labor
The Declaration of Human Rights
A mere declaration of norms to serve as a

common standard of achievement for all
nations
UN did not direct its members to enforce
them; no sanctions or enforcement
machinery was set up
Article 55 of the UN Charter directs
members to pledge themselves to the
joint and separate action in cooperation
with the UN to achieve universal respect
for an observance of human rights and
fundamental freedoms
Although it is not a legally binding
document, most nations have recognized
the principles of the Declaration which
HUMAN RIGHTS LAW

have gained moral weight and persuasion
in the domestic offices
Its principles have been adopted in most
state constitutions
1. Freedom and Equality
First eight articles emphasize that
all
human
beings,
without
distinction, are born free and equal
in dignity and rights
Article 1. 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 2. Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex,
language, religion, political or other opinion,
national or social origin, property, birth or other
status. Furthermore, no distinction shall be made
on the basis of the political, jurisdictional, 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 3. Everyone has the right to life, liberty,
and security of person.
Article 4. No one shall be held in slavery or
servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5. No one shall be subjected to torture or
to cruel, inhuman or degrading treatment or
punishment.
Article 6. Everyone has the right to recognition
everywhere as a person before the law.
Article 7. 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 Declaration and against any incitement to
such discrimination.
Article 8. Everyone 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.
2. Liberty,
Persons
Security,
and
Recognition
Article 4, supra.
Article 5, supra.
Article 6, supra.
Article 7, supra.
of
Article 9. No one shall be subjected to arbitrary

arrest, detention or exile.
Article 10. Everyone 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 11.
(1) Everyone charged with a penal offense
has the right to be presumed innocent
until proved guilty according to law in a
public trial at which he has had all the
guarantees necessary for his defense.
(2) No one shall be held guilty of any penal
offense on account of any act or omission
which did not constitute a penal offense,
under national or international law, at the
time when it was committed. Nor shall a
heavier penalty be imposed than the one
that was applicable at the time the penal
offense was committed.
Article 12. No one shall be subjected to arbitrary
interference with his privacy, family, home or
correspondence, nor to attacks upon his honor
and reputation. Everyone has the right to the
protection of the law against such interference or
attacks.
Article 14.
(1) Everyone has the right to seek and enjoy
in
other
countries
asylum
from
persecution.
(2) This right may not be invoked in the case
of prosecutions genuinely arising from
non-political crimes or from acts contrary
to the purposes and principles of the
United Nations.
3. Right to Privacy
Article 12, supra.
Article 13.
(1) Everyone has the right to freedom of
movement and residence within the
borders of each state.
(2) Everyone has the right to leave any
country, including his own, and to return
to his country.
4. Nationality and the Family
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his
nationality nor denied the right to change
his nationality.
HUMAN RIGHTS LAW

Article 16.
(1) Men and women of full age, without any
limitation due to race, nationality or
religion, have the right to marry and found
a family. They are entitled to equal rights
as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with
the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental
group unit of society and is entitled to
protection by society and the State.
5. Right to Own Property
Ownership
of
external
goods
assures
a
person
a
highly
necessary sphere for the exercise
of
his
personal
and
family
autonomy and ought to be
considered as an extension of
human freedom.
Article 17.
(1) Everyone has the right to own property
alone as well as in association with others
(2) No one shall be arbitrarily deprived of his
property.
6. Freedom of Thought, Conscience, and
Religion
Article 18. Everyone has the right to freedom of
thought, conscience and religion; this right
includes freedom to change his religion or belief,
and freedom, either alone or in community with
others and in public or private, to manifest his
religion or belief in teaching, practice, worship
and observance.
Article 19. Everyone has the right to freedom of
opinion and expression; this right includes
freedom to hold opinions without interference
and to seek, receive and impart information and
ideas through any media and regardless of
frontiers.
7. Economic, Social, and Cultural Rights
Article 22. Everyone, as a member of society, has
the right to social security and is entitled to
realization,
through
national
effort
and
international cooperation and in accordance with
the organization and resources of each State, of
the economic, social and cultural rights
indispensable for his dignity and the free
development of his personality.
Article 23.
(1) Everyone has the right to work, to free

choice of employment, to just and
favorable conditions of work and to
protection against unemployment.
(2) Everyone, without any discrimination, has
the right to equal pay for equal work.
(3) Everyone who works has the right to just
and favorable remuneration ensuring for
himself and his family an existence worthy
of human dignity, and supplemented, if
necessary, by other means of social
protection.
(4) Everyone has the right to form and join
trade unions for the protection of his
interests.
Article 24. Everyone has the right to rest and
leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25.
(1) Everyone has a right to a standard of
living adequate for the health and wellbeing of himself and of his family,
including food, clothing, housing and
medical care and necessary social
services, and the right to security in the
event
of
unemployment,
sickness,
disability, widowhood, old age or other
lack of livelihood in circumstances beyond
his control.
(2) Motherhood and childhood are entitled to
special care and assistance. All children,
whether born in or out of wedlock, shall
enjoy the same social protection.
8. Rights
to
Education
Development
and
Cultural
Article 26.
(1) Everyone has the right to education.
Education shall be free, at least in the
elementary and fundamental stages.
Elementary education shall be compulsory.
Technical and professional education shall
be made generally available and higher
education shall be equally accessible to all
on the basis of merit.
(2) Education shall be directed to the full
development of the human personality
and to the strengthening of respect for
human rights and fundamental freedoms.
It shall promote understanding, tolerance,
and friendship among all nations, racial or
religious groups, and shall further the
activities of the United Nations for the
maintenance of peace.
(3) Parents have a prior right to choose the
kind of education that shall be given to
their children.
HUMAN RIGHTS LAW

Article 27.
(1) Everyone has the right freely to
participate in the cultural life of the
community, to enjoy the arts and to share
in scientific advancement and its benefits.
(2) Everyone has the right to the protection of
the moral and material interests resulting
from any scientific, literary, or artistic
production of which he is the author.
vote or by
procedures.
Article 29.
(1) Everyone has duties to the community in
which alone the free and full development
of his personality is possible.
(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such
limitations as are determined by law solely
for the purpose of securing due
recognition and respect for the rights and
freedoms of others and of meeting the just
requirements of morality, public order and
the general welfare in a democratic
society.
(3) These rights and freedoms may in no case
be exercised contrary to the purposes and
principles of the United Nations.
Article 30. Nothing in this Declaration may be
interpreted as implying for any State, group or
person any right to engage in any activity or to
perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.
10. Other Rights
Article 20.
(1) Everyone has the right to freedom of
peaceful assembly and association.
(2) No one may be compelled to belong to an
association.
Article 21.
(1) Everyone has the right to take part in the
government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to
public service in his country.
(3) The will of the people shall be the basis of
the authority of government; this will shall
be expressed in periodic and genuine
elections which shall be by universal and
equal suffrage and shall be held by secret
free
voting
The International Bill of Human Rights
9. Development of Personality
Article 28. Everyone is entitled to a social and
international order in which the rights and
freedoms set forth in this Declaration can be fully
realized.
equivalent
Composed of
1. The International Covenant on
Economic, Social and Cultural
Rights (ICESCR)
2. The International Covenant on
Civil and Political Rights (ICCPR)
3. The Universal Declaration of
Human Rights
The ICESCR and the ICCPR are legally
binding on the States that ratify them.
Mechanisms through which the ICESCR
and the ICCPR are enforced:
o ICESCR Committee on Economic,
Social, and Cultural Rights reviews
the States Parties programs
o ICCPR Human Rights Committee,
an independent body of experts
Hindrances in the Implementation of Human

Rights Instruments
1. Authoritarian regimes headed by dictators
and ruthless leaders
2. Article 2, par. 7 of the UN Charter, which
states that:
Nothing contained
in
the
present
Charter
shall
authorize the United
Nations to intervene
in matters which are
essentially within the
domestic jurisdiction
of any state or shall
require the Members
to
submit
such
matters
to
settlement under the
present Charter; but
this principle shall
not prejudice the
application
of
enforcement
measures
under
Chapter VII.
3. Provisions in international treaties that are
not self-executing
They cannot be applied unless
implementing local legislations are
enacted
4. Economic, social and cultural rights have
no fixed and well-defined forum to redress
violations
5. Human rights violations are rarely
reported
HUMAN RIGHTS LAW
REPUBLIC ACT NO. 9851

AN ACT DEFINING AND PENALIZING CRIMES
AGAINST INTERNATIONAL HUMANITARIAN
LAW,
GENOCIDE
AND
OTHER
CRIMES
AGAINST
HUMANITY,
ORGANIZING
JURISDICTION,
DESIGNATING
SPECIAL
COURTS, AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
CHAPTER
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known

as the "Philippine Act on Crimes Against
International Humanitarian Law, Genocide,
and Other Crimes Against Humanity".
Section 2. Declaration of Principles and State
Policies. (a) The Philippines renounces war as an
instrument of national policy, adopts the
generally
accepted
principles
of
international law as part of the law of the
land and adheres to a policy of peace,
equality, justice, freedom, cooperation and
amity with all nations.
(b) The state values the dignity of every
human person and guarantees full respect
for human rights, including the rights of
indigenous cultural communities and other
vulnerable groups, such as women and
children;
(c) It shall be the responsibility of the
State and all other sectors concerned to
resolved armed conflict in order to
promote the goal of "Children as Zones of
Peace";
(d) The state adopts the generally
accepted principles of international law,
including the Hague Conventions of 1907,
the Geneva Conventions on the protection
of victims of war and international
humanitarian law, as part of the law our
nation;
(e) The most serious crimes of concern to
the international community as a whole
must not go unpunished and their
effective prosecution must be ensured by
taking measures at the national level, in
order to put an end to impunity for the
perpetrators of these crimes and thus
contribute to the prevention of such
crimes, it being the duty of every State to
exercise its criminal jurisdiction over those
responsible for international crimes;
(f) The State shall guarantee persons

suspected
or
accused
of
having
committed
grave
crimes
under
international law all rights necessary to
ensure that their trial will be fair and
prompt in strict accordance with national
and international law and standards for
fair trial, It shall also protect victims,
witnesses and their families, and provide
appropriate redress to victims and their
families, It shall ensure that the legal
systems in place provide accessible and
gender-sensitive avenues of redress for
victims of armed conflict, and
(g)The
State
recognizes
that
the
application of the provisions of this Act
shall not affect the legal status of the
parties to a conflict, nor give an implied
recognition of the status of belligerency
CHAPTER
DEFINITION OF TERMS
II
Section 3. For purposes of this Act, the term:

(a) "Apartheid' means inhumane acts
committed
in
the
context
of
an
institutionalized regime of systematic
oppression and domination by one racial
group or groups and committed with the
intention of maintaining that regime
(b) "Arbitrary deportation or forcible
transfer of population" means forced
displacement of the persons concerned by
expultion by expulsion or other coercive
acts from the area in which they are
lawfully
present,
without
grounds
permitted under domestic or international
law.
(c) "Armed conflict" means any use of
force or armed violence between States or
a protracted armed violence between
governmental authorities and organized
armed groups or between such groups
within that State: Provided, That such
force or armed violence gives rise, or may
give rise, to a situation to which the
Geneva Conventions of 12 August 1949,
including their common Article 3, apply.
Armed conflict may be international, that
is, between two (2) or more States,
including belligerent occupation; or noninternational,
that
is,
between
governmental authorities and organized
armed groups or between such groups
within a state. It does not cover internal
disturbances or tensions such as riots,
isolated and sporadic acts of violence or
other acts of a similar nature.
(d) "Armed forces" means all organized
armed forces, groups and units that
belong to a party to an armed conflict
which are under a command responsible
HUMAN RIGHTS LAW

to that party for the conduct of its
subordinates. Such armed forces shall be
subject to an internal disciplinary system
which
enforces
compliance
with
International Humanitarian Law
(e) "Attack directed against any civilian
population" means a course of conduct
involving the multiple commission of acts
referred to in Section 6 of this Act against
any civilian population, pursuant to or in
furtherance of a State or organizational
policy to commit such attack.
(f) "Effective command and control" or "
effective authority and control" means
having the material ability to prevent and
punish the commission of offenses by
subordinates.
(g)
"Enforced
or
involuntary
disappearance of persons" means the
arrest, detention, or abduction of persons
by, or with the authorization support or
acquiescence of, a State or a political
organization followed by a refusal to
acknowledge that deprivation of freedom
or to give information on the fate or
whereabouts of those persons, with the
intention of removing from the protection
of the law for a prolonged period of time
(h) "Enslavement" means the exercise of
any or all of the powers attaching to the
right of ownership over a person and
includes the exercise of such power in the
course of trafficking in persons, in
particular women and children.
(i)
"Extermination"
means
the
international infliction of conditions of
life, inter alia, the deprivation of access to
food and medicine, calculated to bring
about the destruction of a part of a
population.
(j) " Forced pregnancy" means the
unlawful confinement of a women to be
forcibly made pregnant, with the intent of
affecting the ethnic composition of any
population carrying out other grave
violations of international law.
Provided, that in any of these

cases, the person form any hostile
act and does not attempt to
escape.
(l)
"Military
necessity"
means
the
necessity of employing measures which
are indispensable to achieve a legitimate
aim of the conflict and are not otherwise
prohibited by International Humanitarian
Law
(m) "Non-defended locality"
locality
that
fulfills
the
conditions:
means a
following
(1) all combatants, as well as

mobile
weapons
and
mobile
military equipment, must have
been evacuated;
(2) no hostile use of fixed military
installations
or
establishments
must have been made;
(3) no acts of hostility must have
been committed by the authorities
or by the population; and
(4) no activities in support of
military operations, must have
been undertaken.
(n) "No quarter will be given' means
refusing to spare the life of anybody, even
of persons manifestly unable to defend
themselves or who clearly express their
intention to surrender.
(o) "Perfidy" means acts which invite the
confidence of an adversary to lead
him/her to believe he/she is entitled to, or
is obliged to accord, protection under the
rules of International Humanitarian Law,
with the intent to betray that confidence,
including but not limited to:
(1) feigning an intent to negotiate
under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation
wounds or sickness;
by
(1) is in the power of an adverse

party;
(4)
feigning
civilian
noncombatant status; and
or
(2) has clearly expressed

intention to surrender; or
(5) feigning protective status by

use of signs, emblems or uniforms
of the United Nations or of a
neutral or other State not party to
the conflict.
(k) "Hors de Combat" means a person

who:
an
(3) has been rendered unconscious

or otherwise incapacitated by
wounds or sickness and therefore is
incapable of defending himself:
(p) "Persecution" means the international

and severe deprivation of fundamental
HUMAN RIGHTS LAW

rights contrary to international law by
reason of identity of the group or
collectivity.
(q) "Protect person" in an armed conflict
means:
(1) a person wounded, sick or
shipwrecked, whether civilian or
military;
(2) a prisoner of war or any person
deprived of liberty for reasons
related to an armed conflict;
(3) a civilian or any person not
taking a direct part or having
ceased to take part in the
hostilities in the power of the
adverse party;
(4) a person who, before the
beginning
of
hostilities,
was
considered a stateless person or
refugee
under
the
relevant
international instruments accepted
by the parties to the conflict
concerned or under the national
legislation of the state of refuge or
state of residence;
(5) a member of the medical
personnel assigned exclusively to
medical purposes or to the
administration of medical units or
to
the
operation
of
or
administration
of
medical
transports; or
(6) a member of the religious
personnel
who
is
exclusively
engaged in the work of their
ministry and attached to the armed
forces of a party to the conflict, its
medical
units
or
medical
transports, or non-denominational,
noncombatant military personnel
carrying out functions similar to
religious personnel.
(r) " Superior" means:
(1) a military commander or a
person effectively acting as a
military commander; or
(2) any other superior, in as much
as the crimes arose from activities
within the effective authority and
control of that superior.
(s) "Torture" means the intentional
infliction of severe pain or suffering,
whether
physical,
mental,
or
psychological, upon a person in the
custody or under the control of the
accused; except that torture shall not

include pain or suffering arising only from,
inherent in or incidental to, lawful
sanctions.
(t) "Works and installations containing
dangerous forces" means works and
installations the attack of which may
cause the release of dangerous forces and
consequent severe losses among the
civilian population, namely: dams, dikes,
and nuclear, electrical generation stations.
CHAPTER
III
CRIMES
AGAINST
INTERNATIONAL
HUMANITARIAN
LAW,
GENOCIDE AND OTHER CRIMES AGAINST
HUMANITY
Section 4. War Crimes. - For the purpose of this
Act, "war crimes" or "crimes against Interntional
Human Humanitarian Law" means:
(a) In case of an international armed
conflict , grave breaches of the Geneva
Conventions of 12 August 1949, namely,
any of the following acts against persons
or property protected under provisions of
the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment,
including biological experiments;
(3) Willfully causing great suffering,
or serious injury to body or health;
(4) Extensive destruction
appropriation of property
justified by military necessity
carried
out
unlawfully
wantonly;
and
not
and
and
(5) Willfully depriving a prisoner of

war or other protected person of
the rights of fair and regular trial;
(6) Arbitrary deportation or forcible
transfer of population or unlawful
confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a
prisoner of war or other protected
person to serve in the forces of a
hostile power; and
(9) Unjustifiable delay in the
repatriation of prisoners of war or
other protected persons.
(b) In case of a non-international armed
conflict, serious violations of common
Article 3 to the four (4) Geneva
HUMAN RIGHTS LAW

Conventions of 12 August 1949, namely ,
any of the following acts committed
against persons taking no active part in
the hostilities, including member of the
armed forces who have laid down their
arms and those placed hors de combat by
sickness, wounds, detention or any other
cause;
(1) Violence to life and person, in
particular,
willful
killings,
mutilation, cruel treatment and
torture;
(2) Committing outrages upon
personal dignity, in particular,
humiliating
and
degrading
treatment;
(3) Taking of hostages; and
(4) The passing of sentences and
the carrying out of executions
without
previous
judgment
pronounced
by
a
regularly
constituted court, affording all
judicial guarantees which are
generally
recognized
as
indispensable.
(c) Other serious violations of the laws and
customs applicable in armed conflict,
within the established framework of
international law, namely:
(1) Internationally directing attacks
against the civilian population as
such or against individual civilians
not taking direct part in hostilities;
(2) Intentionally directing attacks
against civilian objects, that is,
object which are not military
objectives;
against buildings, material, medical
units and transport, and personnel
using the distinctive emblems of
the
Geneva
Conventions
or
Additional Protocol III in conformity
with intentional law;
against personnel, installations,
material, units or vehicles involved
in a humanitarian assistance or
peacekeeping
mission
in
accordance with the Charter of the
United Nations, as ling as they are
entitled to the protection given to
civilians or civilian objects under
the international law of armed
conflict;
(5) Launching an attack in the

knowledge that such attack will
cause incidental loss of life or
injury to civilians or damage to
civilian objects or widespread, longterm and severe damage to the
natural environment which would
be excessive in relation to the
concrete
and
direct
military
advantage anticipated;
(6) Launching an attack against
works or installations containing
dangerous forces in the knowledge
that such attack will cause
excessive loss of life, injury to
civilians or damage to civilian
objects, and causing death or
serious injury to body or health .
(7) Attacking or bombarding, by
whatever means, towns, villages,
dwellings or buildings which are
undefended and which are not
military objectives, or making nondefended localities or demilitarized
zones the object of attack;
(8) Killing or wounding a person in
the knowledge that he/she is hors
de combat, including a combatant
who, having laid down his/her arms
or no longer having means of
defense,
has
surrendered
at
discretion;
(9) Making improper use of a flag of
truce, of the flag or the military
insignia and uniform of the enemy
or of the United Nations, as well as
of the distinctive emblems of the
Geneva Conventions or other
protective signs under International
Humanitarian Law, resulting in
death, serious personal injury or
capture;
against buildings dedicated to
religion, education, art, science or
charitable
purposes,
historic
monuments, hospitals and places
where the sick and wounded are
collected, provided they are not
military objectives. In case of doubt
whether such building or place has
been used to make an effective
contribution to military action, it
shall be presumed not to be so
used;
(11) Subjecting persons who are in
the power of an adverse party to
physical mutilation or to medical or
scientific experiments of any kind,
or to removal of tissue or organs
for transplantation, which are
HUMAN RIGHTS LAW

neither justified by the medical,
dental or hospital treatment of the
person concerned nor carried out in
his/her interest, and which cause
death to or seriously endanger the
health of such person or persons;
(12) Killing, wounding or capturing
an adversary by resort to perfidy;
(13) Declaring that no quarter will
be given;
(14) Destroying or seizing the
enemy's property unless such
destruction
or
seizure
is
imperatively demanded by the
necessities of war;
(15) Pillaging a town or place, even
when taken by assault;
(16) Ordering the displacements of
the civilian population for reasons
related to the conflict, unless the
security of the civilians involved or
imperative military reasons so
demand;
(17)
Transferring,
directly
or
indirectly, by the occupying power
of parts of its own civilian
population into the territory it
occupies, or the deportation or
transfer of all or parts of the
population of the occupied territory
within or outside this territory;
(18) Commiting outrages upon
personal dignity, in particular,
humiliating
and
degrading
treatments;
(19)
Commiting
rape,
sexual
slavery,
enforced
prostitution,
forced
pregnancy,
enforced
sterilization, or any other form of
sexual violence also constituting a
grave breach of the Geneva
Conventions or a serious violation
of common Article 3 to the Geneva
Convensions;
(20) Utilizing the presence of a
civilian or other protected person
to render certain points, areas or
military
forces
immune
from
military operations;
(21) Intentionally using starvation
of civilians as a method of warfare
by depriving them of objects
indespensable to their survival,
including willfully impeding relief
supplies as provided for under the
Geneva Conventions
Additional Protocols;
and
their
(22) In an international armed

conflict, compelling the nationals of
the hostile party to take part in the
operations of war directed against
their own country, even if they
were in the belligerent's service
before the commencement of the
war;
(23) In an international armed
conflict,
declaring
abolished,
suspended or inadmissible in a
court of law the rights and actions
of the nationals of the hostile party;
(24)
Commiting
following acts:
any
of
the
(i) Conscripting, enlisting or

recruiting children under the
age of fifteen (15) years into
the national armed forces;
(ii) Conscripting, enlisting or
recruiting children under the
age of eighteen (18) years
into an armed force or
group
other
than
the
national armed forces; and
(iii) Using children under the
age of eighteen (18) years
to participate actively in
hostilities; and
(25) Employing means of warfare
which
are
prohibited
under
international law, such as:
(i)
Poison
weapons;
or
poisoned
(ii) Asphyxiating, poisonous

or other gases, and all
analogous liquids, materials
or devices;
(iii) Bullets which expand or
flatten easily in the human
body, such as bullets with
hard envelopes which do
not entirely cover the core
or are pierced with incisions;
and
(iv) Weapons, projectiles
and material and methods
of warfare which are of the
nature to cause superfluous
injury
or
unecessary
suffering or which are
inherently indiscriminate in
HUMAN RIGHTS LAW

violation of the international
law of armed conflict.
Any person found guilty of commiting any
of the acts specified herein shall suffer the
penalty provided under Section 7 of this
Act.
Section 5. Genocide - (a) For the purpose of this
Act, "genocide" means any of the following acts
with intent to destroy, in whole or in part, a
national, ethnic, racial, religious, social or any
other similar stable and permanent group as
such:
(1) Killing members of the group;
(2) Causing serious bodily or
mental harm to members of the
group;
(3) Deliberately inflicting on the
group conditions of life calculated
to
bring
about
its
physical
destruction in whole or in part;
(4) Imposing measures intended to
prevent births within the group;
and
(5) Forcibly transferring children of
the group to another group.
(b) It shall be unlawful for any person to
directly and publicly incite others to
commit genocide.
Any person found guilty of committing any of the
acts specified in paragraphs (a) and (b) of this
section shall suffer the penalty provided under
Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For
the purpose of this act, "other crimes against
humanity" means any of the following acts when
committed as part of a widespread or systematic
attack directed against any civilian population,
with knowledge of the attack:
(h) Persecution against any identifiable

group or collectivity on political, racial,
national, ethnic, cultural, religious, gender,
sexual orientation or other grounds that
are
universally
recognized
as
impermissible under international law, in
connection with any act referred to in this
paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance
of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar
character intentionally causing great
suffering, or serious injury to body or to
mental or physical health.
Any person found guilty of committing any of the
acts specified herein shall suffer the penalty
provided under Section 7 of this Act.
CHAPTER
PENAL PROVISIONS
IV
Section 7. Penalties. - Any person found guilty of

committing any of the acts provided under
Sections 4, 5 and 6 of this Act shall suffer the
penalty of reclusion temporal in its medium to
maximum period and a fine ranging from One
hundred thousand pesos (Php 100,000.00) to Five
hundred thousand pesos (Php 500,000.00).
When justified by the extreme gravity of the
crime, especially where the commision of any of
the crimes specified herein results in death or
serious physical injury, or constitutes rape, and
considering the individual circumstances of the
accused, the penalty of reclusion perpetua and a
fine ranging from Five hundred thousand pesos
(Php 500,000.00) to One million pesos (Php
1,000,000.00) shall be imposed.
Any person found guilty of inciting others to
commit genocide referred to in Section 5(b) of
this Act shall suffer the penalty of prision mayor
in its minimum period and a fine ranging from Ten
thousand pesos (Php 10,000.00) to Twenty
thousand pesos (Php 20,000.00).
(a) Willful killing;

(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation
transfer of population;
(g) Rape, sexual slavery, enforced

prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence of comparable gravity;
or
forcible
(e)
Imprisonment
or
other
severe
deprivation of physical liberty in violation
of fundamental rules of international law;
(f) Torture;
In addition, the court shall order the forfeiture of

proceeds, property and assets derived, directly or
indirectly, from that crime, without prejudice to
the rights of bona fide third (3rd) parties. The
court shall also impose the corresponding
accessory penalties under the Revised Penal
Code, especially where the offender is a public
officer.
HUMAN RIGHTS LAW

CHAPTER
V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. (a) In addition to existing provisions in Philippine
law on principles of criminal responsibility, a
person shall be criminally liable as principal for a
crime defined and penalized in this Act if he/she:
(1) Commits such a crime, whether
as an individual, jointly with
another or through another person,
regardless of whether that other
person is criminally responsible;
(2) Orders, solicits or induces the
commission of such a crime which
in fact occurs or is attempted;
(3) In any other way contributes to
the commission or attempted
commission of such a crime by a
group of person acting with a
common
purpose.
Such
contribution shall be intentional
and shall either:
(i) be made with the aim of
furthering
the
criminal
activity or criminal purpose
of the group, where such
activity or purpose involves
the commission of a crime
defined in this Act; or
(ii)
be
made
in
the
knowledge of the intention
of the group to commit the
crime.
(b) A person shall be criminally liable as
accomplice for facilitating the commission
of a crime defined and penalized in this
Act if he/she aids, abets or otherwise
assists in its commission or attempted
commission,
including providing the
means for its commission.
(c) A person shall be criminally liable for a
crime defined and penalized in this Act if
he/she attempts to commit such a crime
by taking action that commences its
execution by means of a substantial step,
but the crime does not occur because of
circumstances
independent
of
the
person's intention. However, a person who
abandons the effort to commit the crime
or otherwise prevents the completion of
the crime shall not be liable for
punishment under this Act for the attempt
to commit the same if he/she completely
and voluntarily gave up the criminal
purpose.
Section 9. Irrelevance of Official Capacity. - This
Act shall apply equally to all persons without any
distinction based on official capacity. In particular,
official capacity as a head of state or

government, a member of a government or
parliament, an elected representative or a
government official shall in no case exempt a
person from criminal responsibility under this Act,
nor shall it, in and of itself, constitute a ground for
reduction of sentence. However:
(a) Immunities or special procedural rules
that may be attached to the official
capacity of a person under Philippine law
other than the established constitutional
immunity from suit of the Philippine
President during his/her tenure, shall not
bar the court from exercising jurisdiction
over such a person; and
(b) Immunities that may be attached to
the official capacity of a person under
international law may limit the application
of this Act, nut only within the bounds
established under international law.
Section 10. Responsibility of Superiors. - In
addition
to
other
grounds
of
criminal
responsibility for crimes defined and penalized
under this Act, a superior shall be criminally
responsible as a principal for such crimes
committed by subordinates under his/her
effective command and control, or effective
authority and control as the case may be, as a
result of his/her failure to properly exercise
control over such subordinates, where:
(a) That superior either knew or, owing to
the circumstances at the time, should
have known that the subordinates were
committing or about to commit such
crimes;
(b) That superior failed to take all
necessary and reasonable measures
within his/her power to prevent or repress
their commission or to submit the matter
to
the
competent
authorities
for
investigation and prosecution.
Section 11. Non-prescription. - The crimes
defined and penalized under this Act, their
prosecution, and the execution of sentences
imposed on their account, shall not be subject to
any prescription.
Section 12. Orders from a Superior. - The fact
that a crime defined and penalized under this Act
has been committed by a person pursuant to an
order of a government or a superior, whether
military or civilian, shall not relieve that person of
criminal responsibility unless all of the following
elements occur:
(a) The person was under a legal
obligation to obey orders of the
government or the superior in question;
(b) The person did not know that the order
was unlawful; and
HUMAN RIGHTS LAW

(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit
genocide or other crimes against humanity are
manifestly unlawful.
CHAPTER
Protection of Victims and Witnesses
VI
Section
13. Protection
of
Victims
and
Witnesses. - In addition to existing provisions in
Philippine law for the protection of victims and
witnesses, the following measures shall be
undertaken:
prosecution may, for the purposes of any

proceedings conducted prior to the
commencement of the trial, withhold such
evidence or information and instead
submit a summary thereof. Such measures
shall be exercised in a manner which is
not prejudicial to or inconsistent with the
rights of the accused and to a fair and
impartial trial.
Section 14. Reparations to Victims. - In addition
to existing provisions in Philippine law and
procedural rules for reparations to victims, the
following measures shall be undertaken:
(a) The Philippine court shall take

appropriate measures to protect the
safety, physical and physiological wellbeing, dignity and privacy of victims and
witnesses. In so doing, the court shall
have regard of all relevant factors,
including age, gender and health, and the
nature of the crime, in particular, but not
limited to, where the crime involves sexual
or gender violence or violence against
children. The prosecutor shall take such
measures
particularly
during
the
investigation and prosecution of such
crimes. These measures shall not be
prejudicial to or inconsistent with the
rights of the accused and to a fair and
impartial trial;
(a) The court shall follow the principles

relating to the reparations to, or in respect
of,
victims,including
restitution,
compensation and rehabilitation. On this
basis, in its decision, the court may, wither
upon request or on its own motion in
exceptional circumstances, determine the
scope and extent of any damage, loss and
injury to, or in respect of, victims and
state the principles on which it is
acting;1avvphi1
(b) As an exception to the general

principle of public hearings, the court may,
to protect the victims and witnesses or an
accused, conduct any part of the
proceedings in camera or allow the
presentation of evidence by electronic or
other special means. In particular, such
measures shall be implemented in the
case of the victim of sexual violence or a
child who is a victim or is a witness, unless
otherwise ordered by the court, having
regard
to
all
the
circumstances,
particularly the views of the victim or
witness;
(c) Before making an order under this

section, the court may invite and shall
take account of representations from or on
behalf of the convicted person, victims or
other interested persons.
(c) Where the personal interests of the

victims are affected, the court shall permit
their views and concerns to be presented
and considered at stages of the
proceedings determined to be appropriate
by the court in manner which is not
prejudicial to or inconsistent with the
rights of the accused and a fair and
impartial trial. Such views and concerns
may
be
presented
by
the
legal
representatives of the victims where the
court
considers
it
appropriate
in
accordance with the established rules of
procedure and evidence; and
(d) Where the disclosure of evidence or
information pursuant to this Act may lead
to the grave endangerment of the security
of a witness for his/her family, the
(b) The court may make an order directly

against a convicted person specifying
appropriate reparations to, or in respect
of,
victims,
including
restitution,
compensation and rehabilitation; and
Nothing in this section shall be interpreted as

prejudicing the rights of victims under national or
international law.
CHAPTER
VII
Applicability of International Law and Other
Laws
Section 15. Applicability of International Law.- In
the application and interpretation of this Act,
Philippine courts shall be guided by the following
sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV,
their 1977 Additional Protocols I and II and
their 2005 Additional Protocol III;
(c) The 1954 Hague Convention for the
Protection of Cultural Property in the Event
of Armed Conflict, its First Protocol and its
1999 Second Protocol;
(d) The 1989 Convention on the Rights of
the Child and its 2000 Optional Protocol on
HUMAN RIGHTS LAW

the Involvement of Children in Armed
Conflict;
same offense and acquitted, or having been

convicted, already served their sentence.
(e) The rules and principles of customary

international law;
Section 18. Philippine Court, Prosecutors and

Investigators. - The Regional Trial Court of the
Philippines shall have original and exclusive
jurisdiction over the crimes punishable under this
Act. Their judgments may be appealed or
elevated to the Court of Appeals and to the
Supreme Court as provided by law.
(f) The judicial decisions of international

courts and tribunals;
(g) Relevant and applicable international
human rights instruments;
(h) Other relevant international treaties
and conventions ratified or acceded to by
the Republic of the Philippines; and
(i) Teachings of the most highly qualified
publicists and authoritative commentaries
on the foregoing sources as subsidiary
means for the determination of rules of
international law.
Section 16. Suppletory Application of the
Revised Penal Code and Other General or Special
Laws. - The provisions of the Revised Penal Code
and other general or special laws shall have a
suppletory application to the provisions of this
Act.
CHAPTER
JURISDICTION
VII
Section 17. Jurisdiction.- The State shall exercise

jurisdiction over persons, whether military or
civilian, suspected or accused of a crime defined
and penalized in this Act, regardless of where the
crime is committed, provided, any one of the
following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship
or residence, is present in the Philippines;
or
(c) The accused has committed the said
crime against a Filipino citizen.
In the interest of justice, the relevant Philippine
authorities may dispense with the investigation or
prosecution of a crime punishable under this Act
if another court or international tribunal is already
conducting the investigation or undertaking the
prosecution of such crime. Instead, the
authorities may surrender or extradite suspected
or accused persons in the Philippines to the
appropriate international court, if any, or to
another State pursuant to the applicable
extradition laws and treaties.
No criminal proceedings shall be initiated against
foreign nationals suspected or accused of having
committed the crimes defined and penalized in
this Act if they have been tried by a competent
court outside the Philippines in respect of the
The Supreme Court shall designate special courts

to try cases involving crimes punishable under
this Act. For these cases, the Commission on
Human Rights, the Department of Justice, the
Philippine National Police or other concerned law
enforcement
agencies
shall
designate
prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors
and investigators, especially those designated for
purposes of this Act, receive effective training in
human rights, International Humanitarian Law
and International Criminal Law.
CHAPTER
FINAL PROVISIONS
IX
Section 19. Separability Clause. - If, for any

reason or reasons, any part or provision of this
Statute shall be held to be unconstitutional or
invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full
force and effect.
Section 20. Repealing Clause. - All laws,
presidential decrees and issuances, executive
orders, rules and regulations or parts thereof
inconsistent with the provisions of this Statute are
hereby repealed or modified accordingly.
Section 21. Effectivity. - This Act shall take effect
fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers
general circulation.

General Nature and Definition of Human Rights

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General Nature and Definition of Human Rights

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HUMAN RIGHTS LAW

Basic Characteristics of Human Rights:

The dignity of man and human life is

Nikki T. Sia | WLC School of Law Page 1

HUMAN RIGHTS LAW

Categories of Human Rights

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HUMAN RIGHTS LAW

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HUMAN RIGHTS LAW

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HISTORY, THEORIES OF SOURCES

Human rights were asserted by the

Theories of Sources of Rights:

HUMAN RIGHTS LAW

considered natural law as

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consciousness of the people of

HUMAN RIGHTS LAW

Origin of Human Rights in the Philippines

1935 First Philippine Constitution: contained Bill

From 1942 to 1944, the Filipinos were

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The Filipinos were again subjected to

Human Rights Instruments

1. International Covenant of Economic, Social

HUMAN RIGHTS LAW

(11) Perform such other duties and functions

The Philippine Commission on Human Rights

Creation: Mandated by the 1987 Constitution;

For joining the concerted mass actions of

Composition and Qualifications: One Chairman

Investigate, on its own or on complaint

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Issue and Ruling:

HUMAN RIGHTS LAW

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demolition on the stalls, sari-sari stores, and

HUMAN RIGHTS LAW

Main objective of the United Nations:

Purpose of the UN: the promotion and

The UN Charter contains at least seven articles on

1. Article 13, which directs the General

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Formally established by the Economic and

The Declaration of Human Rights

A mere declaration of norms to serve as a

HUMAN RIGHTS LAW

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Article 9. No one shall be subjected to arbitrary

HUMAN RIGHTS LAW

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(1) Everyone has the right to work, to free

HUMAN RIGHTS LAW

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The International Bill of Human Rights

Hindrances in the Implementation of Human

HUMAN RIGHTS LAW

REPUBLIC ACT NO. 9851

Section 1. Short Title. - This Act shall be known

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(f) The State shall guarantee persons

Section 3. For purposes of this Act, the term: