CLJ 2

Midterms | 1st Semester

Indivisible
MODULE 1: Human Rights are not capable of being
divided. They cannot be denied even
when other rights have already been
WHAT IS HUMAN RIGHTS? enjoyed.

It is defined as the Supreme, Inherent and Universal

Inalienable rights to life, to dignity, and to self- Human Rights are universal in
development. It is the essence of these rights application and they apply
that makes human. irrespective of one's origin, status, or
condition or place where one lives.
Human rights are fundamental freedoms which are
necessary and indispensable in order to enable Human rights are enforceable without a
every member of the human race to live a life of national border.
dignity. Interdependent
Human Rights are interdependent
HUMAN RIGHTS IN PHILIPPINE CONCEPT because the fulfillment or exercise of
one cannot be had without the
Article II Section 11 realization of the other.
The State values the dignity of every
human person and guarantees full 3 LIMITATIONS OF FUNDAMENTAL POWER
respect for human rights.
Article XIII Section 1 Police Power
The Congress shall give highest
priority to the enactment of measures
that protect and enhance the right of allows the state to regulate private activities for
all the people to human dignity,
public welfare.
reduce social, economic, and
political inequalities, and remove
cultural inequities by equitably
diffusing wealth and political power Eminent Domain
for the common good.

Characteristic of Human Rights enables the state to seize private property for
public use with just compensation.
Inherent
Human Rights are inherent because they
are not granted by any person or Taxation Power
authority.
Fundamental
allows the state to demand financial contributions
Human Rights are fundamental rights
from citizens to support the government.
because without them, the life and
dignity of man will be meaningless.
Inalienable
Human Rights are inalienable because: CLASSIFICATION OF HUMAN RIGHTS
They cannot be rightfully taken away
from a free individual. Civil Rights (related to private)
They cannot be given away or be the right to be treated as an equal to anyone else in
forfeited. society
Imprescriptible
Human Rights do not prescribe and
Political Rights (in public decision-making)
cannot be lost even if man fails to use or the right to vote, to freedom of speech and to
assert them, even by a long passage of obtain information.
time.
 Economic, Social and Cultural Rights (entitle rights)
the right to participate in an economy that benefits COMPONENTS OF HUMAN RIGHTS
all; and to desirable work, the right to
education, health care, food, clothing, shelter Subject or a right holder
and social security and the right to freedom of A subject or a right-holder is an
religion, and to speak the language, and to individual (natural person), a group of
practice the culture of Cone's choice.
individuals or a non- governmental
organization entitled to rights under
the law and can take legal action to
3 GENERATIONS OF HUMAN RIGHTS protect or to promote those rights.
Duty-holder
Age of Enlightenment or Age of Reason A duty-holder is an entity, normally a
(The First Generation) State that is obliged to respect, to
limiting government powers and actions by
establishing certain restrictions, negative ensure and to protect the subject's
rights of people geared toward probation. rights or demands. In human rights,
States are considered duty-holders
rather than subjects though in
Socialist Tradition (The international law the role of States as
Second Generation) subjects is recognized as incontestable.
rights must be conceived more
in positive rather than negative
Object
terms. An object is the content of any given
right and any duty of the holder of the
right and the holder of the obligation. This
right and this duty are the human values
Solidarity Rights (The Third Generation) and needs which are found in human
right to economic and social development; and
the right to participate in and benefit from “the
rights rules and norms.
common heritage to mankind”. Imprescriptible
The implementation is a set of measures,
approaches, and initiatives designed to
realize the right concerned: This includes
STAGES OF HUMAN RIGHTS laws, administrative measures, legal writs
and mechanisms adopted by the three
branches of government, namely,
Idealization Congress, Executive and Judiciary.
notions about human rights have started in
the realm of ideas that reflect a
consciousness against oppression,
dehumanization or inadequate performance MODULE 2:
by the State.

Positivization STATE RESPONSIBILITIES

support for the ideas becomes strong and
the stage is set to incorporate them into
some legal instruments. To respect human rights

Realization Obligation to ensure

rights are enjoyed by the citizens of the
State by the transformation of the social,
economic, and political order.
Obligation to protect them

The state has the primordial obligation to Enforce Human

Rights.
 This can be done through blending of powers of Doctrine of Transformation
its three co-equal bodies: In order for an international human rights
law to become part of the Philippine
the Legislative Department (Article 6); domestic legal system, it should be
the Executive Department (Article 7); transformed into a municipal law through a
constitutional mechanism such as domestic
and the Judicial Department (Article 8) legislation.

Soft Law Principle

MODULE 3: Any international agreement which was not
concurred in by the Senate has no force and
effect of a law in the Philippine jurisdiction.
THE INTERNATIONAL BILL OF HUMAN RIGHTS

MODULE 4:

THE PHILIPPINE BILL OF RIGHTS

People vs. Marti

G.R. No. 81561, January 18, 1991

Universal Declaration of Human Rights The Supreme Court held that the Bill of Rights
governs the relationship between the individual
and the State.

The constitutional proscription against unlawful

searches and seizures therefore applies as a
restraint directed only against the government and
its agencies tasked with the enforcement of the
The International Covenant on Economic, law. It is not meant to be invoked against acts of
Social and Cultural Rights private individuals.

SECTION 1
No person shall be deprived of life, liberty,
or property without due process of law,
nor shall any person be denied the equal
protection of the laws.

The International Covenant on Civil and DUE PROCESS

Political Rights Due process is a guarantee against any
arbitrariness on the part of the
government, whether committed by the
Legal effect of the International Bill of Human
legislature, the executive, or the
Rights in the Philippines
judiciary.
The International Bill of Human Rights
being part of international law is binding Any act which tends to deprive an individual of
in the Philippine jurisdiction. The his life, liberty and property is considered just
Constitution adopts both the doctrines of and in accordance with due process when:
incorporation and transformation. It is done under the authority of law or in
accordance with the constitution itself;
Doctrine of Incorporation
Sec. 2 Article II of the 1987 Philippine it is executed in a manner that is in
Constitution commands the State to adopt compliance with the prescribed procedure
the generally accepted principles of required by law which is fair and reasonable.
international law as part of the land.
 TWO ASPECTS OF DUE PROCESS Procedural due process in
ADMINISTRATIVE PROCEEDINGS

Only substantial evidence is required

Procedural
due process Substantial evidence
the amount of relevant evidence that a
reasonable mind might accept as
adequate to support a conclusion.

SUBSTANTIVE DUE PROCESS

It requires the intrinsic validity of the
law in interfering with the rights of the
person to his life, liberty, or property. It
Substantive asks the question of whether the
government's deprivation of a person's
due process life, liberty or property is justified by a
sufficient purpose.

SUBSTANTIVE DUE PROCESS

(LAWFUL SUBJECT)
PROCEDURAL DUE PROCESS The interests of the public in
Aspect of due process which serves as a general, as distinguished from those
restriction on actions of judicial and quasi- of a particular class, require the
judicial agencies of the government. It state's intervention.
refers to the method and manner by which a
law is enforced. (LAWFUL MEANS)
The means employed are reasonably
Procedural due process in JUDICIAL necessary for the accomplishment of the
PROCEEDINGS purpose.

An impartial court cloth by law with authority EQUAL PROTECTION

to hear and determine the matter before it. The equal protection of the law clause
merely requires that all persons shall be
treated alike, under like circumstances and
Jurisdiction lawfully acquired over the
conditions both as to privileges conferred
person of the defendant or over the property
and liabilities enforced.
Opportunity to be heard given to the
defendant

Judgment to be rendered after a lawful

hearing
 BILL OF RIGHTS SECTION 2 SEARCHES AND
DOES EQUAL PROTECTION PROHIBIT SEIZURES
CLASSIFICATION/DISCRIMINATION?
No. It does not prohibit Section 2
The right of the people to be secure in their
It does not forbid discrimination as to
persons, houses, papers, and effects against
persons and things that are different.
unreasonable searches and seizures of
What it forbids are distinctions based whatever nature and for any purpose shall
on impermissible criteria unrelated to a be inviolable, and no search warrant or
proper legislative purpose, or class or warrant of arrest shall issue except upon
discriminatory legislation, which probable cause to be determined personally
discriminates against some and favors by the judge after examination under oath
others when both are similarly situated. or affirmation of the complainant and the
witnesses he may produce, and particularly
CLASSIFICATION describing the place to be searched and the
It has been defined as the grouping of persons or things to be seized.
persons or things similar to each other
in certain particulars and different from What is the probable cause?
all others in these same particulars.
It requires facts and circumstances
Himagan vs. People G.R. No. 113811, October that would lead a reasonably prudent
7, 1994 man to believe that an offense has
The reason why members of the PNP are been committed and that the objects
treated differently from the other sought in connection with that offense
classes of persons charged criminally or are in the place to be searched.
administratively insofar as the
application of the rule on preventive Constitutional requirements of a valid
suspension is concerned is that search warrant and warrant of arrest
policemen carry weapons and the
badge of the law which can be used to
It must be issued upon determination of
harass or intimidate witnesses against probable cause;
them. If a suspended policeman
criminally charged with a serious The probable cause must be determined
offense is reinstated to his post while by the Judge himself and not by the
his case is pending, his victim and the applicant or any other person;
witnesses against him are obviously
exposed to constant threat and thus In the determination of probable
cause, the judge must examine, under
easily cowed to silence by the mere
oath or affirmation, the complainant
fact that the accused is in uniform and and such witness as the latter may
armed. produce; and

The warrant issued must

particularly describe the place to
be searched and persons and
things to be seized.
Stonehill v. Diokno
G.R. No. L-19550, 19 June 1967
The right against unreasonable searches and seizures is personal and may be invoked only by the person
entitled to it. Therefore, one who is not the owner or lessee of the premises searched, or who is not an
officer of a corporation whose papers are seized, cannot challenge the validity of the search or seizure.

Search warrant
It is an order in writing issued
in the name of the People of
the Philippines, signed by a
judge and directed to a
peace officer, commanding
him to search for personal Warrant of arrest
property described therein
and bring it before the court. Issued by a judge after he
(Sec. 1 Rule 126 of Rules of had determined the
Court). existence of a probable
cause for the arrest of the
accused, and to subsequently
place the accused in
immediate custody as not to
frustrate the end of justice.

Search warrant Warrant of arrest

As to authority to examine

It is not necessary that the judge should

The judge must personally examine in the
personally examine the complainant and his
form of searching questions and answers, in
witnesses; the judge would simply personally
writing and under oath, the complainant and
review the initial determination of the
the witnesses he may produce on facts
prosecutor to see if it is supported by
personally known to them
substantial evidence.

Basis of determination

The determination of probable cause He merely determines the probability, not the
depends to a large extent upon the finding certainty of guilt of the accused and, in so
or opinion of the judge who conducted the doing, he need not conduct a new hearing.
required examination of the applicant and
the witnesses.