Human Rights Reviewer

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HUMAN RIGHTS REVIEWER 3.

Aerial Domain- air space above the


territorial lands and waters of the Philippines
Preamble- a clause at the beginning of every but excluding the outer space
constitution a. Air Space- exclusive sovereignty over the air
- an introductory or preliminary statement space above its territory and the state
containing explanation to the document aircrafts are not allowed to fly over the
- source of light territory of another state or land without
authorization or special agreement
Value of Preamble: b. Outer Space- physical universe beyond the
1. provides explanation on the purpose why atmosphere of the Earth
people enacted their constitution - beyond the territorial sphere of Earth
2. useful as an aid in ascertaining the meaning of Outer Space Treaty- forbids any government from
ambiguous provisions in the body of claiming a celestial resource such as the Moon or a
Constitution planet, since they are province of mankind
ARTICLE I- NATIONAL TERRITORY - exclusively limits the use of the Moon and
Components: other celestial bodies to peaceful purposes

1. Terrestrial Domain- land territory which ARTICLE II- DECLARATION OF PRINCIPLES AND
refers to the landmass STATE POLICIES
2. Fluvial Domain- internal or national waters Section 1: The Philippines is a democratic and
and external or territorial waters republican State. Sovereignty resides in the people
Archipelago- chain or cluster of islands and all government authority emanates from them.

- “chief sea” Republican State- a state being run by the


a. Internal or National Waters- rivers, lakes, representatives of the people
canals, ports, and bays and waters around Section 2: The Philippines renounces war as an
between and connecting the archipelago instrument of national policy, adopts generally
b. Territorial Waters- out to 12 nautical miles accepted principles of international law as part of
from the baseline the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity
Innocent Passage- passing through waters in an
expeditious and continuous manner, which is not with all nations.
“prejudicial to the peace, good order or the security” Kellog-Briand Pact- a treaty that renounces war and
of the coastal state Philippines is one of its signatories
c. Archipelagic Waters- all waters inside the *As a member of United Nations, Philippines is
baseline required to be a “peace-loving state”.
*A baseline is drawn between the outermost points of International Law- set of rules generally recognized
the outermost islands, subject to these points being by civilized nations as governing their conduct
sufficiently close to one another towards each other and towards each other’s citizens
d. Contiguous Zone- beyond the nautical mile Doctrine of Incorporation- “international law
limit, there is a distance of 12 nautical miles became part of the law of the land”
from the territorial sea baselines limit
e. Exclusive Economic Zones- extends 200 - enforceable as long as they are not contrary
nautical miles from the baseline to the constitution or other statutes of the
f. Continental Shelf- natural prolongation of state
the land territory to the continental margin’s Section 3: Civilian authority is, at all times,
outer edge, or 200 nautical miles from the supreme over the military. The Armed Forces of
coastal state’s baseline, whichever is greater the Philippines is the protector of the people and the
Landlocked States- are given a right of access to and State.
from the sea without taxation of traffic through Clauses of Section 3:
transit states
1. Civilian Supremacy Clause- speaks of
Straight Baseline Method- drawing an imaginary “civilian authority”
line connecting the outermost islands of the - No official, whether civilian or military can
archipelago, enclosing an area the ratio of which claim any power that has not been given to
should not be more than 9:1 (water to land) him by law.
2. Mark of Sovereignty Clause- singles out the
military as the guardian of the people
Section 4: The prime duty of the Government is to Human Rights- basic rights to which humans are
serve and protect the people. The Government may entitled
call upon the people to defend the State. All citizens
Section 12: The State recognizes the sanctity of
may be required to render personal, military, or
family life and shall protect and strengthen the
civil service.
family as a basic autonomous social institution.
Section 5: The maintenance of peace and order, the
Section 13: The State recognizes the vital role of
protection of life, liberty, and property, and the
youth in nation building and shall promote and
promotion of the general welfare are essential for the
protect their physical, moral, spiritual, intellectual,
enjoyment by all the people of the blessings of
and social well-being. It shall inculcate in the youth
democracy.
patriotism and nationalism.
Essential blessings of democracy:
Some Laws Enacted to Protect and Promote the
1. Maintenance of peace and order Welfare of Youth
2. Protection of life, liberty, and property
1. Republic Act No. 9344- children under the
3. Promotion of general welfare
age of 15 cannot be charged with a crime
Section 6: The Separation of Church and State shall 2. Republic Act No. 7610- provides special
be inviolable. protection to children from all forms of abuse,
neglect, exploitation and discrimination, and
The State cannot set up a church, neither can it pass
other conditions, prejudicial to their
laws that aid one religion, aid all religions, or prefer
development
one religion over the other, neither can it force nor
3. Presidential Decree No. 603- enumerates
influence a person to go to or to remain away from
the rights of a child and the duties of parents,
church against his will or force him to profess a belief
government, school, church, guild and the
or disbelief in any religion.
community in preparing the child for the
Section 7: The State shall pursue an independent responsibilities of adulthood
foreign policy; in its relations with other states the 4. Executive Order No. 209- contains
paramount consideration shall be national provisions about support, parental authority
sovereignty, territorial integrity, national interest, and adoption
and the right to self-determination. 5. Republic Act No. 7160- created the
Sangguniang Kabataan
Foreign Policy- refers to the basic direction
underlying the conduct by a state of its affairs vis-à- Sangguniang Kabataan- initiate programs that will
vis those of other states enhance the development of youth

Section 8: The Philippines adopts and pursues a 6. Republic Act No. 9211- protect the youth
policy of freedom from nuclear weapons in its from being initiated to cigarette smoking and
territory. tobacco use by prohibiting sale of tobacco
products
Nuclear Weapon- a weapon whose destructive
power comes from nuclear energy; an atomic bomb Section 14: The State recognizes the role of women
or a hydrogen bomb in nation building, and shall ensure the
fundamental equality before the law of women and
Section 9: The State shall promote a just and men.
dynamic social order that will ensure the prosperity
and independence of the nation and free the people Laws Enacted Prohibiting Discrimination Against
from poverty through policies that provide adequate Women
social services, promote full employment, a rising
1. Republic Act No. 9710 Magna Carta of
standard of living, and an improved quality of life for
Women- eliminate all forms of discrimination
all.
against women
Republic Act No. 8425 Social Reform and Poverty 2. Republic Act No. 6725- strengthened the
Alleviation Act- reduce poverty and eliminate basic prohibition on discrimination against
inequities in Filipino society women with respect to terms and conditions
of employment
Section 10: The State shall promote social justice in
all phases of national development. Section 15: The State shall protect and promote the
right to health of the people and instill health
Social Justice- is the promotion of the welfare of all consciousness among them.
the people
Some Laws Enacted to Protect and Promote the Right
Section 11: The State values the dignity of every to Health of the People
human and guarantees full respect for human
rights. 1. Republic Act No. 7875- PhilHealth
2. Republic Act No. 9502- enhance access to 2. Republic Act No. 9294- restoring the tax
generic drugs that will provide cheaper but exemption of Offshore Banking Units and
quality medicines to Filipinos Foreign Currency Deposit Units
3. Republic Act No. 8423- alternative health 3. Republic Act No. 7652- allows foreign
care investor investing in the Philippines to lease
4. Republic Act No. 9439- penalizes hospitals private lands
and medical clinics who detain or to 4. Republic Act No. 8179- liberalizes foreign
otherwise cause the detention of patients investments
who have fully or partially recovered or have 5. Presidential Decree No. 715 Anti-Dummy
been adequately attended to or who have Law- punishes evasion of the laws on the
died for reasons of nonpayment in part or in nationalization of certain rights, franchises, or
full of hospital bills or medical expenses privileges
5. Republic Act No. 8976- mandatory
Section 20: The State recognizes the indispensable
fortification of staple foods based on
role of the private sector, encourages private
standards sets by the Department of Health
enterprise, and provides incentives to needed
6. Republic Act No. 9211- ban all tobacco
investments.
advertisements and sponsorships
Laws Enacted that Protects Private Sectors and
Section 16: The State shall protect and advance the
Private Enterprises
right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of 1. Republic Act No. 7718- authorizes the
nature. financing, construction, operation, and
maintenance of infrastructure projects by the
Some Laws Enacted to Protect the Environment
private sector
1. Republic Act No. 9003- solid waste 2. Republic Act No. 9178- promotes the
management program establishments of Barangay Micro Business
2. Republic Act No. 9175- regulates the Enterprises by providing incentives and
ownership, possession, sale, importation and benefits
use of chain saws to conserve, develop, and 3. Republic Act No. 8289- strengthen the
protect the forest resources under promotion and development of, and
sustainable management assistance to small and medium scale
3. Republic Act No. 8749- recognizes that a enterprises
clean and healthy environment is for the good
Section 21: The State shall promote comprehensive
of all and should be the concern of all
rural development and agrarian reform.
4. Republic Act No. 8485- protects and
promotes the welfare of all animals Republic Act No. 6657- implement the agrarian
5. Republic Act No. 9147- conserve the reform program in our country in which landless
country’s wildlife resources farmers are entitled to own a land.
Section 17: The State shall give priority to Section 22: The State recognizes and promotes the
education. rights of indigenous cultural communities within
the framework of national unity and development.
Section 18: The State affirms labor as a primary
social economic force. It shall protect the rights of Indigenous Cultural Communities- a group of
workers and promote their welfare. people or homogenous societies who have
continuously lived as an organized community on
The Magna Carta for Disabled Persons- mandates
communally bounded and defined territory
that qualified disabled persons be granted the same
terms and conditions of employment as qualified Republic Act No. 8371- grants indigenous people
able-bodied employees the ownership and possession of their ancestral
domains and ancestral lands
Section 19: The State shall develop a self-reliant and
independent national economy effectively Section 23: The State shall encourage non-
controlled by Filipinos. governmental, community-based, or sectoral
organizations that promote the welfare of the
Laws Enacted to Attain Self-Reliant and Independent
nation.
National Economy
Non-Governmental Organizations- private
1. Republic Act No. 7721- liberalizes the
organizations that have recognized leadership,
Philippine banking and financial systems by
organization and membership with the aim of
creating more competitive environment and
promoting individual interests, which are not
encourages greater foreign participation
contrary to law.
through increase in ownership in domestic
banks by foreign banks - Called as civil society
Section 24: The State recognizes the vital role of
communication and information in nation
building.
Some Laws Enacted Recognizing the Vital Role of
Communication and Information in Nation Building
1. Republic Act No. 3846- provides for the
regulation of radio stations and radio
communications in the Philippines
2. Republic Act No. 6849- provides for the
installation, operation, and maintenance of
public telephones
Section 25: The State ensure the autonomy of local
governments.
Section 26: The State shall guarantee equal access
to opportunities for public service, and prohibit
political dynasties as may be defined by law.
Political Dynasty- concentration, consolidation, or
perpetuation, of public office and political powers by
persons related to one another
Section 27: The State shall maintain honesty and
integrity in the public service and take positive
and effective measures against graft and
corruption.
Some Laws Enacted to Prevent Graft and Corruption
1. Republic Act No. 3019- enumerated corrupt
practices, declares them unlawful and
provides corresponding penalties
2. Presidential Decree 1445- enumerates the
primary and secondary responsibility for
public funds
3. Executive Order No. 292- basic legislation
by which the entire range of administrative
and financial concerns of the bureaucracy
operates
4. Republic Act No. 6713- an act enacted to
uphold the time-honored principle of Public
Office being Public Trust
Section 28: Subject to a reasonable conditions
prescribed by law, the State adopts and implements
a policy of full public disclosure of all its
transactions involving public interest.

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