ARELLANO UNIVERSITY SCHOOL OF LAW

HUMAN RIGHTS LAW

(Atty. Gefer R. Mancol)

SYLLABUS

I. GENERAL CONSIDERATIONS

A. Fundamental Powers of the State (Police Power, Eminent Domain and Taxation)
§ Definition, Scope, Basis, Characteristics, Purpose and Limitations
§ Who exercise said powers?
B. Fundamental Rights of the People
C. Classification of Rights
§ Civil, Political, Economic, Social and Cultural
§ Natural, Constitutional, Statutory
§ Life, Liberty, Property
D. Due Process
E. Standards of Review (Clear and Present Danger Test, Dangerous Tendency Test, Balancing of
Interest Test)
F. Levels of Scrutiny: Rational Basis Test, Intermediate Scrutiny Test, Strict Scrutiny Test
G. Facial Challenge (overbreadth and void-for-vagueness doctrines)

Readings:
§ Art. II, Sec. 5; Art. III, Secs. 1 and 9, Philippine Constitution
§ PBM Emp. Org v PBM Co., Inc., 51 SCRA 189 (1973)
§ Simon v CHR, G.R. No. 100150, Jan. 5, 1994
§ Baldoza v. Dimaano, 71 SCRA 152 (1976)
§ David v. Arroyo, 489 SCRA 160 (2006)
§ Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, 632
SCRA 146 (2010)

II. INTRODUCTION

A. Rationale
B. Scope as a subject
C. Philippine Contribution to Human Rights Law
§ Contribution to UDHR
§ Participation on core human rights treaties
§ On women’s rights
§ Membership to the International Criminal Court
D. Human Rights laws of the Philippines: Commission on Human Rights
E. Construction of Human Rights Instruments

Readings:
§ Petralba, Pepita Jane A., Hornbook on International and Philippine Human Rights
Laws, 2013, pp. 1-9
§ UN Declaration on Human Rights Education and Training, Dec. 19, 2011
§ Art. II, Secs. 10, 11, 14; Art. XIII, Secs. 1-2, 17-19, Philippine Constitution

III. HUMAN RIGHTS

A. Meaning
B. Attributes
C. Origin
D. The 3 “Generations”

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 Readings:
§ Sarmiento, Rene V., Human Rights Law/Human Rights Culture, 2014, pp. 1-23
§ Petralba, pp. 10-24
§ UN Declaration on Human Rights, Dec. 8, 1948
§ Gov’t of HK v. Olalia, G.R. No. 153875, April 19, 2007

IV. STATE RESPONSIBILITY

A. The State
§ State as guarantor of human rights
§ Human Rights and the Rule of Law
§ Violations by “State actors”
§ Violations by private individuals
§ State liability for human rights violations committed by “non-State actors”
B. International State Responsibility
C. Derivative State responsibility for complicity
D. Prohibition on unreasonable searches and seizures
E. Writ of Habeas Data
F. Justiciability of the solidarity right to a healthy environment
G. Writ of Kalikasan
§ 1972 Stockholm Conference
§ 1972 World Heritage Convention
§ 1985 Vienna Convention
§ 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
§ 1989 Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal
H. Command responsibility: Yamashita Standard

Readings:
§ Petralba, pp. 15-25
§ Articles on the Responsibility of the State for Internationally Wrongful Acts (Articles
1, 2)
§ Art. III, Secs. 2 and 3, Philippine Constitution
§ People v. Andre Marti, 193 SCRA 57 (1991)
§ Warehouse Drug v. NLRC, G.R. No. 113271, Oct. 16, 1997
§ Zulueta v. CA, 253 SCRA 699
§ Gamboa v. Chan, 677 SCRA 385 (2012)
§ Rules of Procedure on Environmental Cases, Rule 7, Part III, A.M. No. 09-6-8-SC
§ Oposa v. Factoran, Jr., 224 SCRA 792 (1993)
§ LLDA v. CA, G.R. Nos. 120865-71, Dec. 7, 1995
§ MMDA v. Concerned Residents of Manila Bay, G.R. Nos. 171947-48, Dec. 18, 2008
§ In Re Yamashita, 327 US 1 (1946)

V. SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW

A. International Agreements
B. International Customary Law
§ Jus cogens
§ Obligatio erga omnes
§ Universal jurisdiction
§ Actio popularis
C. Incorporation Clause
D. Judicial decisions and teaching
§ Teachings of jurists and publicists
§ International Criminal Tribunal of Afghanistan
§ Kuala Lumpur War Crimes Commission

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 Readings:
§ Treaties, Conventions, Covenants, Protocols
§ North Sea Continental Shelf: West Germany v. Denmark / West Germany v.
Netherlands, ICJ Feb. 20, 1969
§ Art. II, Sec. 2, Philippine Constitution
§ International Court of Justice (ICJ)/International Criminal Court (ICC)
§ Petralba, pp. 28-39, 135-138
§ Sarmiento, pp. 24-31

VI. INTERNATIONAL BILL OF RIGHTS

A. Universal Declaration of Human Rights (UDHR), Dec. 8, 1948

B. International Covenant on Civil and Political Rights, Dec. 16, 1966
C. International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966
D. Rights and Freedoms Under the International Bill of Rights
§ Equality in dignity and rights
§ Right to life, liberty and security
§ Right against slavery
§ Right against torture
§ Right to equal protection
§ Right to effective judicial remedy
§ Right to be presumed innocent
§ Right against ex post facto law and bill of attainder
§ Right to privacy
§ Freedom of movement
§ Right to seek asylum
§ Right to a nationality
§ Right to marry and found a family
§ Right to property
§ Freedom of thought, conscience and religion
§ Freedom to practice or manifest religious beliefs
§ Freedom of expression
§ Freedom of assembly and association
§ Right to take part in government
§ Right to social security
§ Right to work
§ Right to rest and leisure
§ Right to adequate standard of living
§ Right to education
§ Right to enjoy economic, social and cultural life
§ Right to self-determination
§ Right to health

Readings:
§ Ad hoc criminal tribunals
§ Regional Courts
§ Petralba, pp. 40-79

VII. APPLICATION, ENFORCEMENT AND LIMITATIONS

A. Domestic Application of IHRL

§ Monist Theory
§ Dualist Theory
B. International Application of IHRL
§ Signature, Exchange of letters or notes, Act of formal confirmation, Reservation,
Interpretative declaration, Modification, Denunciation
C. Enforcement Mechanisms

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 § Against Individuals: Domestic and international enforcements
§ Against States: Court action, Diplomatic means, Retorsion, Countermeasures,
Military intervention
D. Restrictions and Limitations
§ Derogation

Reading:
§ Petralba, pp. 80-87

VIII. INTERNATIONAL HUMANITARIAN LAW

A. Definition
B. Components
C. Application
D. Origin
E. Geneva Conventions
F. The Hague Conventions
G. Fundamental Rules
H. International Humanitarian Law v. International Human Rights Law
I. International Committee of the Red Cross and the Red Crescent Society
J. Issues/Threats
§ Environmental degradation and climate change
§ International migration
§ Urban violence
§ Emergent and recurrent diseases
§ International Disaster relief and recovery assistance

Reading:
§ Petralba, pp. 139-148

IX. MONITORING SYSTEMS

A. Charter-based mechanisms
§ Complaints procedure, State reports, Special procedures, NGO and NHRIs, Universal
periodic review
B. Treaty-based mechanisms
§ Monitoring bodies
C. Human Rights Committee

Readings:
§ Petralba, 88-94
§ Sarmiento, pp. 32-35
§ R.A. No. 10368 (Human Rights Victims Reparation and Recognition Act of 2013)

X. UNITED NATIONS

A. Purpose
B. Principal Organs
C. Offices, Agencies, Programmes and Subsidiary Bodies

Reading:
§ Petralba, pp. 95-98

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 XI. PROTECTED RIGHTS

A. Rights of the Child

§ R.A. No. 9344, as amended by R.A. No. 10630 (An Act Establishing a Comprehensive
Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare
Council under the Department of Social Welfare and Development, Appropriating
Funds Therefor, and for Other Purposes)
§ R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and
Discrimination Act)
§ R.A. No. 9231 (An Act Providing For The Elimination Of The Worst Forms Of Child
Labor And Affording Stronger Protection For The Working Child, Amending For
This Purpose Republic Actno. 7610, As Amended, Otherwise Known As The "Special
Protection Of Children Against Child Abuse, Exploitation And Discrimination Act)
§ R.A. No. 9775 (Anti-Child Pornography Act of 2009)
§ R.A. No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
§ R.A. No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012)
B. Rights of Women
§ Convention on the Elimination of Discrimination Against Women (CEDAW)
§ R.A. No. 9262
§ R.A. No. 9710 (The Magna Carta of Women)
§ R.A. No. 8972 (Solo Parents' Welfare Act of 2000)
C. Rights of Migrant Workers
§ International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families
§ R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by
R.A. No. 10022
D. Rights of Disabled Persons
§ Convention on the Rights of Persons With Disabilities
§ R.A. No. 7277 (Magna Carta of Disabled Persons), as amended by R.A. Nos. 9442 and
10070
E. Rights of Indigenous Peoples
§ Convention on the Rights of Indigenous Peoples
§ R.A. No. 8371 (The Indigenous Peoples’ Rights Act of 1997)
F. Right Against Torture
§ Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment and
Punishment
§ R.A. No. 9745 (Anti-Torture Act of 2009)
G. Right Against Enforced Disappearances
§ International Convention for the Protection of All Persons from Enforced
Disappearance
§ R.A. No. 10353 (Anti-Enforced or Involuntary Disappearance Act of 2012)
§ Writ of Habeas Corpus
§ Writ of Amparo

Readings:
§ Petralba, pp. 103-134
§ Art II, Secs. 9, 13, 14, 18, 22; Art. XII, Sec 5; Art. XIII, Secs. 3, 14, Philippine
Constitution
§ Republic v. Cagandahan, 565 SCRA 72 (2008)
§ Ang Ladlad v. Comelec, G.R. No. 109582, April 8, 2010
§ Cruz v. Secretary, G.R. No. 135385, Dec. 6, 2000
§ A.M. 07-0-12-SC, Sept. 25, 2007
§ Sec. of National Defense v. Manalo, 568 SCRA 1 (2008)
§ Razon v. Tagtiis, 606 SCRA 598 (2009); 612 SCRA 685 (2010)
§ Rubrico v. Macapagal-Arroyo, 613 SCRA 233 (2010)
§ Boac v. Cadapan, 649 SCRA 618 (2011)
§ Rodriguez v. Macapagal-Arroyo, 660 SCRA 84 (2011)

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 § Balao v. Macapagal-Arroyo, 662 SCRA 312 (2011)
§ Navia v. Pardico, 673 SCRA 618 (2012)
§ Canlas v. Napico Homeowners Association, 554 SCRA 208 (2008)

XII. THE ROAD AHEAD

A. Theory and Practice

§ Policy, Analysis, Budgetary Analysis, Actor Analysis
§ Development Goals
§ Monitoring and Evaluation

Readings:
§ Diokno, Maria Socorro I. Human Rights Centered Development: Theory and Practice
(2004) QC: UP Press, pp. 1-162
§ Sarmiento, pp. 36-41

Basic Readings:

1. Petralba, Atty. Pepita Jane A., Hornbook on International and Philippine Human Rights Laws
(2013) QC: Rex.

2. Sarmiento, Rene V., Human Rights Law, Human Rights Culture (2014) Manila: Rex.

3. Diokno, Maria Socorro I., Human Rights Centered Development: Theory and Practice (2004)
QC: UP Press.

4. Pertinent provisions of the 1987 Philippine Constitution (cited above)

5. Pertinent International laws, agreements, treaties, covenants, conventions, protocols, treatises

Extended Readings:

Recent and leading Supreme Court decisions and pertinent laws (cited above) affecting human
rights are also included as extended readings.