Professional Documents
Culture Documents
COURSE OUTLINE
HUMAN RIGHTS and THE BILL OF RIGHTS
Luis A. Vera Cruz, Jr.
(1) "All educa tional institutions shall include the study of the
Constitu tion as par t of the curricula."
"The State values the dignity of every human person and guarantees
full respect for human rights."
2. Universal values of human rights expressed for the first time in the
UN Charter in 1945.
3. The most basic human rights is "life, liberty and right to property"
Section 1, Article III, 1987 Constitution.
INTER NATIONAL
[The Dusko Tadic case for crimes against humanity, breaches of the
Geneva rules of way.]
i) State Party
ii) Security Council
iii) Prosecutor (motu propio)
b. Procedure
Article 6 (Genocide)
Article 7 (Crimes Against Humanity)
Article 8 (War Crimes)
Article 5 (Aggression: to be defined and adopted by the States
parties)
d. Law to be Applied
i) The Statute
ABERCA et al. vs. GEN. FABIAN VER et al., 160 SCRA 590
LIM vs. PONCE DE LEON, 66 SCRA 299
SERRANO vs. MUNOZ MOTORS, INC., 21SCRA1085
FESTEJO vs. FERNANDO, 94 PHIL. 504
5. Writ of Amparo
The writ is available to any person whose life to life, liberty and
security is violated or threatened with violation by a unlawf ul act
or omission of a public off icial employee or of a private individual
or entity.
9. WRIT OF KALIKASAN
II
Section 1. No person shall be deprived of life, liberty, or pro perty without due
process of law, nor shall any person be denied equal protection of the law.
Requisites:
Section 2. The right of the people to be secure in their persons, houses, pa pers,
and effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warra nt or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.
2. Probable Cause;
5. Issuing Court
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7. Warrantless Search
i. Motor Vehicle
n. Plain view
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16. Waiver
U.S. vs. CHADWICK ET AL., 433 U.S. 1; 97S.Ct. 2476, 53 L.Ed. 538,
supra
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i) Publication, etc.
b. movie censorship
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ii) Obscenity
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2. Freedom of Assembly
1. Non-Establishment Clause
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Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
MARCOS ET AL. vs. MANGLAPUS, G.R. No. 88211, September 15, 1989
and the Resolution on the Motion for Reconsideration dated
October 27, 1989
MANOTOC vs. CA, 142 SCRA 149
VILLAVICENCIO vs. LUKBAN, 39 Phil. 778
SALONGA vs. HERMOSO, 97 SCRA 121
Section 7. The right of the peo ple to information on matters of public concern
shall be recognized. Access to official record s, and to documents, and pa pers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitation as may be provided by law.
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Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abrid ged.
Right To Strike
Section 9. Private pro pert y shall not be taken for public use without just
compensation.
1. Just Compensation
2. "Public Use"
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Section 11. Free access to the courts and quasi-judicial bodies and adequa te legal
assistance shall not be denied to any person by reason of poverty.
Section 12 (1). Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are
prohibited.
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1. "Custodial Investigation"
i) Police line-u p
RA 7438
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5. Waiver of Rights
6. Presumptions
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided
by law. The right to bail shall not be impaired even when the privilege of the writ
of habeas corpu s is suspended. Excessive bail shall not be required .
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Section 14 (1). No person shall be held to answer for a criminal offense without
d ue process of law.
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Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speed y disposition of their cases
before all judicial, quasi-judicial, or ad ministrative bodies.
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Section 18 (1). No person shall be detained solely by reason of his political beliefs
and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the partyshall have been duly convicted.
Section 19 (1). E xcessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
1. Death Penalty
Section 20. No person shall be imprisoned for debt or non-pa yment of a poll tax.
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Section 21. No person shall be twice put in jeopardy or punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
1. Requisites
3. Other cases.
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a) Kinds:
(1) Every law that makes criminal an action done before the passage
of the law and which was innocent when done, and punishes
such action;
(2) Every law that aggravates a crime, or makes it greater than it was
when committed;
(4) Everylaw that alters the legal rules of evidence, and receives less
or different testimony than the law required at the time of the
commission of the offense, in order to convict the offender;
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