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    Therapeutic Modalities

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    Desiree Langomes Estremos

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    © All Rights Reserved
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    Therapeutic Modalities

    Uploaded by

    Desiree Langomes Estremos
    10 views13 pages

    Original Title

    THERAPEUTIC-MODALITIES

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    10 views13 pages

    Therapeutic Modalities

    Uploaded by

    Desiree Langomes Estremos

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
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    THERAPEUTIC

    MODALITIES
    (HUMAN RIGHTS)
    HUMAN RIGHTS
     ➢Those rights which are inherent in our nature and
    without which, we cannot live as human beings.

     ➢It allows us to develop and use our human


    qualities, intelligence, talents and conscience and to
    satisfy our spiritual and other needs.
    CHARACTERISTICS OF HUMAN RIGHTS

     ➢INHERENT - not granted by any person or authority


     ➢FUNDAMENTAL - without them, the life and dignity of man will
    be meaningless.
     ➢INALIENABLE - cannot be rightfully taken away from a free
    individual. Cannot be given away or be forfeited.
     ➢IMPRESCRIPTIBLE- cannot be lost even if man fails to use or
    assert them, even by a long passage of time.
    • INDIVISIBLE- Not capable of being divided.
    Cannot be denied even when other rights have
    already been enjoyed.
    • UNIVERSAL - It applies irrespective of one's
    origin, status, or condition or place where one
    lives. Rights can be enforced without national
    border.
    • INTERDEPENDENT - The fulfillment or exercise of
    one cannot be had without the realization of the
    other.
    THE THREE (3) CLASSIFICATION OF RIGHTS

     1.Natural Rights - God-given rights,


    acknowledged by everybody to be morally good.
    Unwritten, but prevail as norms of the society.
     2. Constitutional Rights - Conferred and
    protected by the constitution and which cannot be
    modified or taken away by the law-making body.
     3. Statutory Rights - Those rights which are
    provided by law promulgated by the law-making
    body. May be abolished by the body that created
    them
    STAGES OF HUMAN RIGHTS

     1. Idealization- Notions about human rights start in


    the realm of the ideas that reflect consciousness
    against oppression or inadequate performance of the
    State.
     2. Positivism- Where the support for the ideas become
    strong, and thus incorporate into legal instruments.
     3. Realization- When these rights are already being
    enjoyed by the citizens by the transformation of the
    social, economic, and political order.
    SOURCES AND FOUNDATIONS OF
    HUMANRIGHTS LAW

     ➢The 1987 Constitution The Constitution itself is a


    source, and not only the Bill of Rights.
     ➢International Bill of Rights
     ➢Universal Declaration of Human Rights (UDHR)
     ➢International Covenant on Civil and Political
    Rights (ICCPR)
    REPUBLIC ACT NO. 7438

     ANACT DEFINING CERTAIN RIGHTS OF PERSON


    ARRESTED, DETAINED OR UNDER CUSTODIAL
    INVESTIGATION AS WELL AS THE DUTIES OF THE
    ARRESTING, DETAININGAND INVESTIGATING OFFICERS,
    AND PROVIDEING PENALTIES FOR VIOLATIONS THEREOF.
    RIGHTS OF PERSON UNDER
    CUSTODIAL INVESTIGATION
     Section 12, Article III of the 1987 Constitution The right to be informed of
    his rights
     ➢The right to remain silent and to be reminded that anything he says can
    and will be used against him
     ➢The right to an attorney or to counsel, preferably of his own choice; if
    not, one will be provided for him
     ➢Rights against torture, force, violence, threat, intimidation or any other
    means which may vitiate the free will of the person
     ➢Right against secret detention places, solitary, incommunicado, or other
    similar forms of detention
     Section 2. Rights of Persons Arrested, Detained or Under Custodial
    Investigation; Duties of Public Officers.-

    a. Any person arrested detained or under custodial investigation


    shall at all times be assisted by counsel. (independent and competent
    counsel) b. Any public officer or employee, or anyone acting under his
    order or his place, who arrests, detains or investigates any person for the
    commission of an offense shall inform the latter, in language known to
    and understood by him, of his rights to remain silent and to have
    competent and independent counsel, preferably of his own choice, who
    shall at all times be allowed to confer privately with the person arrested,
    detained or under custodial investigation. If such person cannot afford the
    services of his own counsel, he must be provided with a competent and
    independent counsel by the investigating officer.
    REPUBLIC ACT NO. 7438

     c. The custodial investigation report shall be reduced to writing by the investigating


    officer, provided that before such report is signed, or thumb marked if the person
    arrested or detained does not know how to read and write, it shall be read and
    adequately explained to him by his counsel or by the assisting counsel provided by the
    investigating officer in the language or dialect known to such arrested or detained
    person, otherwise, such investigation report shall be null and void and of no effect
    whatsoever.
     d. Any extrajudicial confession made by a person arrested, detained or under custodial
    investigation shall be in writing and signed by such person in the presence of his
    counsel or in latter's absence, upon a valid waiver, and in the presence of any of any of
    the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
    judge, district school supervisor, or priest or minister of the gospel as chosen by him;
    otherwise, such extrajudicial confession shall be inadmissible as evidence in any
    proceeding.
     e. Any waiver by a person arrested or detained under provisions of Article
    125 of the Revised Penal Code, or under custodial investigation, shall be in
    writing and signed by such person in the presence of his counsel;
    otherwise, the waiver shall be null and void and of no effect.

     f. Any person arrested or detained or under custodial investigation shall be


    allowed visits by or conferences with any member of his immediate family,
    or any medical doctor or priest or religious minister chosen by him or by
    any member of his immediate family or by his counsel, or by any national
    non-governmental organization duly accredited by the Commission on
    Human rights of by any international non-governmental organization duly
    accredited by the Office of the President. The person’s “immediate
    family” shall include his or her spouse, finance or fiancée, parent or child,
    brother or sister, grandparent or grandchild, uncle or aunt, nephew or
    niece, and guardian or ward.
     As used in this Act, “custodial investigation” shall include the
    practice of issuing 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.

     Section 3. Assisting Counsel.- Assisting counsel is any lawyer,


    except those directly affected by the case, those charged
    with conducting preliminary investigation of those charged
    with the prosecution of crimes.

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