Human Rights Law Reviewer

HUMAN RIGHTS COURSE OUTLINE TABLE

TOPICS

I. HUMAN RIGHTS LAWS IN THE PHILIPPINES

The Old Struggle for Human Rights, New Problems Posed by Security by Chief Justice Reynato S.
Puno Supreme Court

II. HUMAN RIGHTS, ITS ATTRIBUTES, ORIGIN AND THE THREE GENERATIONS

A. Fundamental Powers of the State:

1. Police Power
2. Eminent Domain
3. Taxation

B. Fundamental Rights of the People

1. Classification of Rights:
1.1 As to Nature: Civil Political, Economic, Social, Cultural
1.2 As to Source: Natural, Constitutional, Statutory
1.3 Life, Liberty, Property

C. Due Process
1. Substantive versus Procedural
2. Standards of Review:
2.1 Clear and Present Danger Test
Is only applicable in speeches or freedom of expression, that the government can interfere when substantial danger,
speech, publication, assembly, and petition will likely lead to an evil.
2.2 Dangerous Tendency Test
As explained in Cabansag v. Fernandez, If the words uttered create a dangerous tendency which the State has a right
to prevent, then such words are punishable. It is not necessary that the language used be reasonably calculated to
incite persons to acts of force, violence or unlawfulness. It is sufficient if the natural tendency and probable effect of
the utterance be to bring about the substantive evil which the legislative body seeks to prevent.
2.3 Balancing of Interest Test
The "balancing of interests" test requires that a determination must first be made whether the necessary safeguarding
of the public interest involved may be achieved by some other measure less restrictive of the protected freedom.26
The majority immediately resorted to outright suspension without first exploring other measures less restrictive of
freedom of speech.
3. Levels of Scrutiny
3.1 Rational Basis Test
(The govenment need only show that the challenged classification is rationally related to serving a legitimate state
interest.)
Minimum scrutiny applies to all classifications other than those listed above, although some Supreme Court cases
suggest a slightly closer scrutiny ("a second-order rational basis test") involving some weighing of the state's interest
may be applied in cases, for example, involving classifications that disadvantage mentally retarded people,
homosexuals, or innocent children of illegal aliens.
3.2 Intermediate Scrutiny Test
(The government must show that the challenged classification serves an important state interest and that the
classification is at least substantially related to serving that interest.):
Quasi-Suspect Classifications:
1. Gender
2. Illegitimacy
3.3 Strict Scrutiny Test
(The government must show that the challenged classification serves a compelling state interest and that the
classification is necessary to serve that interest.):
A. Suspect Classifications:
1. Race

By: Angela P. Seora

Human Rights Law Reviewer

2. National Origin
3. Religion (either under EP or Establishment Clause analysis)
4. Alienage (unless the classification falls within a recognized "political community" exception, in which case only
rational basis scrutiny will be applied).
B. Classifications Burdening Fundamental Rights
1. Denial or Dilution of the Vote
2. Interstate Migration
3. Access to the Courts
4. Other Rights Recognized as Fundamental
4. Facial Challenge:
4.1 Overbreadth
Overbreadth doctrine prohibits the government from achieving its purpose by means that weep unnecessarily
broadly, reaching constitutionally protected as well as unprotected activity, the government has gone too far
; Its legitimate interest can be satisfied without reaching so broadly into the area of protected freedom.
4.2 Void-for-Vagueness Test

D. Three Generations
1. Civil and Political Rights
2. Economic, Social and Cultural Rights
3. International Instruments

Readings:
- Art. II, Sec 5.; Art. III, Secs. 1 and 9, Philippine Constitution
- PBM Emp. Org. v. PBM Co., Inc. 51 SCRA 198 (1973)
- Simon v. CHR, G.R. No. 100150, 5 January 1994
- Baldoza v. Dimaano, 71 SCRA 152 (1976)

By: Angela P. Seora