HUMAN RIGHTS LAWS:

1987 PHILIPPINE CONSTITUTION

BY: GHENALYNNE DJ. SANTOS, LPT.JD.
 BILL OF RIGHTS: ARTICLE III
SUBSTANTIVE DUE PROCESS from PROCEDURAL DUE PROCESS

Procedural due process:

Method or manner of procedure by which the law is enforced.

Substantive due process:

Requires that the law itself, not merely the procedures by which the law would be enforced, is fair,
reasonable and just.”

Corona v. United Harbor Pilots Association of the Philippines J. Romero)

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 BILL OF RIGHTS: ARTICLE III
SUBSTANTIVE DUE PROCESS from PROCEDURAL DUE PROCESS

For as long as a party was given the opportunity to defend his interest in due
course, HE CANNOT BE SAID TO HAVE BEEN DENIED DUE PROCESS OF LAW-
for this opportunity to be heard is the VERY ESSENCE OF DUE PROCESS.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 BILL OF RIGHTS: ARTICLE III
RIGHT TO COUNSEL

The right to counsel is not imperative in an administrative proceeding and/or

investigations, because such inquiries are conducted merely to determine whether
there are facts that merit disciplinary action/measures against erring public officials
or employees, with the purpose of maintaining the dignity of government service.
The right to counsel is not an indispensable to due process of law, unless required
by the Constitution or the law-

Lumiques v. Exevea

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 BILL OF RIGHTS: ARTICLE III
Right to Counsel

Custodial Investigation

- shall include the practice of issuing an "invitation" to a person who

is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.

Republic Act No. 7438

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 BILL OF RIGHTS: ARTICLE III

The right to counsel which cannot be waived UNLESS the waiver is in writing
and in the presence of counsel- is a right afforded a SUSPECT or and ACCUSED
during CUSTODIAL INVESTIGATION.

It is NOT an ABSOLUTE RIGHT and may this be invoked or rejected in a

criminal proceedings and with more reason, in an ADMINISTRATIVE INQUIRY.

Lumiques v. Exevea

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 BILL OF RIGHTS: ARTICLE III
Custodial Investigation

Republic Act No. 7438 Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
 BILL OF RIGHTS: ARTICLE III
Custodial Investigation

Republic Act No. 7438

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
DOES AN EXTRADITEE HAVE THE RIGHT TO NOTICE
AND HEARING DURING THE EVALUATION STAGE
OF AN EXTRADITION PROCEEDING?

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

An extraditee has NO RIGHT to notice and hearing during the evaluation
stage of the extradition process.

The extradite’s right to know is MOMENTARILY WITHHELD DURING THE

EVALUATION STAGE of the extradition process to accommodate the more
compelling interest of the State TO PREVENT ESCAPE OF POTENTIAL
EXTRADITEES which can be precipitated by PREMATURE information of the
basis of the request for his extradition.

Sec. of Justice v. Hon. Ralph C. Lantion, En Banc (Puno)

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 EQUAL PROTECTION OF THE LAWS

The equal protection of the law is embraced in the concept of due process, as every UNFAIR
DISCRIMINATION offends the requirements of justice and fair play.

According to long line of decisions, EQUAL PROTECTION simply requires that all persons or things
similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.
Similar subjects, should NOT BE TREATED DIFFERENTLY so as to give UNDUE FAVOR to some and
UNJUSTLY DISCRIMINATE against others.

What the clause requires is EQUALITY AMONG EQUALS as determined according to a VALID
CLASSIFICATIONS. By classification- is meant the grouping of persons or things similar to each other
in certain particular categories and different from all the others in these same particular
categories.

Philippine Judges Association v. Prado, En Banc (Cruz)

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
What are the requirements for a VALID CLASSIFICATION
under the EQUAL PROTECTION CLAUSE?

Answer(s):
1. The classification must be rest on substantial
distinction;
2. It must be germane to the purpose of the law;
3. It must not be limited to existing conditions only; and
4. It must apply equally to all members of the same class

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

International School Alliance of Education (ISAE) v. Quisumbing

In this case, the ISAE questioned the POINT-OF-HIRE classification

employed by International School Incorporation- to justify
distinction in salary rates between FOREIGN HIRES and LOCAL
HIRES.

Salary rates of foreign hires are 25% higher than local

counterparts- which they see as discriminatory and therefore -
VIOLATES the equal protection clause.

CONTENTION OF SCHOOL: It is done as it is necessary to ENTICE

FOREIGN HIRES to leave their domicile and work here.

HOW WILL YOU RESOLVE THIS ISSUE THEN?

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

SC held: Public policy abhors inequality and discrimination is BEYOND
CONTENTION and aws reflect the policy against these evils xxx

International law, which springs from general principles of law, likewise

proscribes DISCRIMINATION xxx

The UDHR, the International Covenant on Economic, Social and Cultural

Rights, the International Convention on the Elimination of all forms of
Racial Discrimination, Convention Against Discrimination in Education-
ALL EMBODY THE GENERAL PRINCIPLES AGAINST DISCRIMINATION- the
very antithesis of FAIRNESS & JUSTICE.

DISCRIMINATION, particularly in terms of wages, is frowned upon by

the Labor Code (Art. 135) for instance, prohibits and penalizes the
payment of lesser compensation to a female employee as against a
male employee for work of EQUAL VALUE.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

Article 248 declares it unfair labor practice for an employer to discriminate in

regards to wages in order to encourage or discourage membership in any labor
organization xxx

The foregoing provisions impregnably institutionalize in this jurisdiction the

LONG HONORED legal truism of ‘EQUAL PAY FOR EQUAL WORK.”

Persons who work with substantially equal qualifications, skills, efforts and
responsibilities, under similar conditions, should be paod similar salaries-
THIS RULE APPLIES in the case at bar.

The Constitution enjoins the State to protect the rights of workers and promote
their welfare, to afford labor full protection. The State therefore has the right
and duty to regulate the relationship between labor and capital. THESE
RELATIONS ARE NOT MERELY CONTRACTUAL BUT ARE SO IMPRESSED WITH
PUBLIC INTEREST that labor contracts, CBA, must YIELD to COMMON GOOD. -
should such contracts contain stipulations that are contrary to PUBLIC POLICY,
courts will not hesitate to strike down these stipulations.

RULING SC: Salary Distinction is an INVALID CLASSIFICATION.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES

DISTINGUISHED DETERMINATION OF PROBABLE

CAUSE BY THE JUDGE AND THE DETERMINATION
OF PROBABLE CAUSE BY A PROSECUTOR.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

Soliven v. Makasier

“What the Constitution underscores is the exclusive and personal

responsibility of the issuing judge to satisfy himself of the existence of
probable cause. In satisfying himself of the existence of PC, for the
issuance of a warrant of arrest; THE JUDGE IS NOT REQUIRED TO
PERSONALLY EXAMINE THE COMPLAINANT AND HIS WITNESSES.

Following the established doctrine and procedure, he shall:

1. Personally evaluate the report and the supporting documents

submitted by the fiscal regarding the existence of PC, and on the
basis thereof, if he finds NO PC- he may DISREGARD the fiscal’s
report and require the submission of supporting affidavits of
witnesses to aid him in arriving at a conclusion as to the existence
of probable cause.

Note: Read the case of Ho v. People

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

REMEMBER:
Criminal charge commence - upon filing of the criminal complaint before
the prosecutor’s office by the private complainant and an officer of the
law.

A complaint affidavit shall be files and the prosecutor will conduct the PI
to determine whether there exist PC- only the will he file the necessary
Criminal INFORMATION before the COURT- otherwise he shall DISMISS
THE SAME.

Distinction:
Criminal Complaint; Filed in the prosecutor’s office (Executive
Proceeding)
Criminal Information: Filed before the court (Judicial Proceeding)

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

The Court acquire jurisdiction over the person of the accused:
- Voluntary surrender
- Arrest

REMEMBER: JUDGE is not bound by the finding of the PROSECUTOR.

DETERMINATION OF PC: (Ho. vs People)

1. Prosecutor- EXECUTIVE FUNCTION

2. Judge- Judicial Function

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 SEARCH INCIDENT TO A LAWFUL ARREST: PLAIN VIEW DOCTRINE

-objects are in plain view if it is exposed to sight.

REQUISITES:
a. A prior valid intrusion based on the valid warrantless arrest in
which police are legally present in the pursuit of official duties;
b. The evidence was inadvertently discovered by the police who
have the right to be where they are; and
c. The evidence must be immediately apparent; and
d. Plain view justified mere seizure of evidence without further
search.

People v. Abe Valdez; En Banc (J. Quisumbing)

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 In flagrante delicto arrests

ELEMENTS:
1. The person to be arrested must execute an
overt act indicating that he has just
committed, is actually committing and
attempting to commit a crime; and
2. Such overt act is done “in the presence or
within the view of the arresting officer.

Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.

 Stop and Frisk Search

In this case of Terry v. Ohio it was defined as

the vernacular designation of the right of a
police officer to stop a citizen on the street,
interrogate him and pat him for weapons;

A genuine reason must exist to warrant the

belief that the person detained has weapons
concealed about him.

Terry v. Ohio (landmark case) Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
 RIGHT TO PRIVACY
Zones of Privacy

- The essence of privacy is the RIGHT TO BE LET ALONE.

NCC: “Every person shall respect the dignity, personality, privacy

and peace of mind of his neighbors and other persons,” - as
ACTIONABLE TORTS several acts by a person of meddling and
prying into the privacy of others.

It also holds a public officer/employee/private individual LIABLE

FOR DAMAGES for any violation of the rights and liberties of
another person, and recognizes the privacy of letters and other
private communications.

REVISED PENAL CODE: makes a crime the violation of secrets by an

officer, the revelation of trade and industrial secrets, and trespass
to dwelling. . Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.
 RIGHT TO PRIVACY
Zones of Privacy

- The essence of privacy is the RIGHT TO BE LET ALONE.

REVISED PENAL CODE: makes a crime the violation of secrets by an

officer, the revelation of trade and industrial secrets, and trespass
to dwelling.

Invasion of privacy is an offense in special laws like the

Anti-Wiretapping Law (RA 4200), the Secrecy of Bank Deposits (RA
1405) and the Intellectual Property Code (RA 8293).

RULES OF COURT: on privileged communication likewise recognize

the privacy of certain information (Sec. 24, Rule 130 © Revised
Rules on Evidence)

Ople v. Torres (J. Puno) Prepared by: GHENALYNNE DJ. SANTOS, LPT.JD.