Human Rights Law

Atty. Montes Lecture

Nature and Foundation of Human Rights

1945 - United Nations was founded

o UN Charter included human rights repeatedly but it was not
defined.
1948 - Universal Declaration of Human Rights
o Not the beginning of the Human Rights in history
o it is the first time the notion of modern human rights was enunciated.
o Not legally binding
because to be binding it must be considered to either be:
- treaties
- customary law
- general principles
- publicists
o Art 1 reflects philosophy of human rights.
Dignity
Conscience
- cognitive faculty, intuition which recognizes dignity in each
person
- obligation of conduct towards another person.
- the other person is another me, hence recognizing the other
person in the spirit of brotherhood.
Born free and equal
Human beings
Spirit of brotherhood

o Art 29
(1) alone
human rights is within the context of the common good
- common good sum total of majority of society to reach its
full potential.
Human rights and common good are interrelated.
o Human Rights
natural rights
public subjective rights
public liberties
fundamental rights
individual guaranties

o Human human being, by pertaining to their being human

regardless of whether they are recognized in public or legislation.
characteristics of human rights
universality
inalienability

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o Rights recognition of a corresponding duty to treat the subject in

a particular manner.

The Foundation of Human Rights

Why
What is the reason for the obligation?
Why do we have to know the reason behind the obligation
Why is it important to have a foundation for human rights?
o There will be problems if we solely base human rights on mere
consensus.
o It is useful to go into the reason for human rights to strengthen
human rights protection with arguments based on reason.
o To prevent the risk of that human right rhetoric or arguments to
certain abuses through the human right discourse

Theories
Legal Theories
o based on positive law, the source of human rights would be it being
legislated.
o The existence of the right depends on explicit recognition in law
o Positivization of Rights distinct advantages
o Does not mean that it is the only basis for rights
o A good thing but not the only basis for rights such that if it is not
stated in laws, does not mean it does not exist.

Subjective Theories
o individual autonomy as foundation of human rights.
o Human dignity is equated with the autonomous existence.
o Basis is the individual liberties
Enlightenment philosophy
Liberty
o It has limitations that it can degenerate into anarchy

Inter-subjected Theories
o Human rights foundation is rational consensus.
o If we live in a pluralistic society with people with multiple beliefs, the
rational consensus would not be on the content but on the process.

Moral Theories
o Presupposes the existence of a universal standard
o Basis would be human rights, which are:
o Desirable, important and good for the development of human life

Objective Theories

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o Basic human needs

which if absent cause concrete harm to persons
o dignity as characteristic of human being
Dignity characteristic of the human being by which he
directs himself to his end.
Human being is an end and should not be used as means to end.

Characteristics of Human Rights

1. Inherent
The birth right of all human beings exists independently of the will of
either an individual or group
o Just because you are a human being, you do not have to do
anything to acquire human rights
2. Universal
It applies to all human beings
o the only thing required for you to be subject of a human right is
that you are a human being.
o independent of the situation, circumstance, social class in which
you find yourself.
Consequence of the dignity of the human person
o therefore, all persons are obliged to recognize respect, and
promote all the dignity of all persons.
o Refers to universal situations of human beings.
o right to life, work, education, food, freedom of expression, etc.
Human rights as a goal
o because HR can be viewed as either point of departure or as a
goal.
o aspiration to transform society such that all human beings will
enjoy human rights.

MULTICULTURALISMS ARGUMENT AGAINST UNIVERSALITY OF

HR
o Philosophical argument against human rights universality
o Multiculturalism believes that we should not judge cultures.
Every culture has to be valued equally. It is unjust to compare or
assess cultures because all are of equal value. Cultural
Relativism
all cultures are equally valid and correct.
o As a consequence, Human Rights is an imposition of western
culture.
Western culture is individualistic. Therefore, the notion of
HR is individualistic. It is unfair to impose HR on non-
western cultures.

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o Human rights can destroy or suppress non-western cultures

RESPONSES to MULTICULTURALISM VIEW

o There is a difference between something being right and
something culturally acceptable.
o it is true that there is diversity among cultures but amidst
diversity of cultures, there is an underlying common grounds.
Human rights discourse can be a reason and object of
dialogue among cultures.
Rather than being a reason to divide cultures, the
discourse can be an appreciation of cultures through
discussion of human rights.
- The non-western concepts of human rights can
actually improve on the western concept and vice
versa.
o The very argument that seeks to defend culture implies the
notion of human rights and has a basis in the universality of
human rights.

3. Inalienable
(among other things) not subject to the commerce of man
Subject cannot dispose of it or destroy it in a manner that makes its
exercise impossible.
o inalienable means that no person can deprive any person of
these rights. (Comm. Sarmiento)
Entitlement to the Right vs Exercise of the Right
There are situations when inalienability extends to the exercise of the
right.
o 3rd gen rights : right to wholesome environment.

Elements of Human Rights

1. Subjects
Obligee & holders of Human Rights = ALL HUMAN BEINGS
(legal sense) person = as a subject of rights and obligations.
That what makes a person or being is through the legislation.
Whether all human beings are persons
Person vs human beings
personism (Hans Kelsen)
HERVADA
o Maybe there is a distinct notion. Because a person can be a
juridical notion (legal notion) and an ontological notion
(philosophical notion)
JN person is subject of rights and duties

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ON person is a being that is intelligent and free and

therefore has dominion over his/her being and does not
belong to another.

o Intelligence and free are potencies which makes them persons.

Distinct notion but refer to the same reality.

o ex. Venus and Morning star is the same entity but we use
different terms because we refer to different aspects.
Is Being the subject of a right of natural or positive origin?
o Accdg to Hervada, it is true that there are positive rights.
However, even assuming that positive rights, or the legal system
in general, is a human invention, the mere existence of the legal
system is natural. It itself, flows from human nature.
o They have basis on human nature. Like language, it is a man-
made thing. The fact that we create languages, man has the
facility to talk.
o There is a tendency in human nature to want to ordain rules to
organize society and that in itself is from human nature.
Juridicity is natural to man. It is natural to man to live in
society, to recognize rights and obligations in his
relationships with others, in his fellow men. Therefore it is
natural for man to make laws and recognize rights.
Juridicity
- ius iustitia Justice / Right / law as a discipline
- Accdg to roman law, justice is that virtue by which
disposes one to give each man what is his.
What is his natural or conventional
ius also refers to what is his

Collective subjects of human rights

o Yes with respect to what is called, participative goods. Goods
whose value is in being shared by many, which requires
contribution of various individuals for it to exist.
o There is no contradiction between collective and individual
rights.
Intergenerational justice
o Usually referred to in relation to government.
o That each generation should conserve the rights of the following
generation to preserve the diversity of cultures in the next
generations.

Against
o (there is no such thing as intergenerational justice)

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o Development is the best way to assure welfare of future

generations.
o Future generations do not exist yet, therefore they cannot be the
subject of rights. hence there is no juridical relation.
o It is impossible to know the interests, preferences of future
generations and their concept of good.

In Favor
o (arguing from point of view of ethics) unethical to do acts which
have remote harmful effects.
o There has to be a future for humanity, and in relation to this, that
the threats to the future are real.
o General Rule: Do good and avoid evil.

Philippine jurisprudence: The notion of intergeneration

responsibility is enshrined in the constitution wherein it says that you
have the right to balance of nature.
Human Rights
o Obligee person
o Obligor
State
Private persons with respect to the rights of other persons

2. Object
The human person
Why demand human rights because of the basic human good, because
of the human person.
3. Content

Human rights are the aggregate of privileges, claims, benefits,

entitlements and moral guarantees that pertain to man because of his
humanity.

Human rights as the legal and moral entitlements that have evolved as
a basis of constructing state powers and to limit the right of such
powers.

POSITIVIZATION OF HUMAN RIGHTS

Human Rights on International Law and their incorporation into Philippine Law

1987 Constitution, Art. II

Section 2 The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of

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the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Section The State values the dignity of every human person and guarantees full
11 respect for human rights.

Republic Act No. 9851

"Philippine Act on Crimes Against International Humanitarian Law, Genocide, and
Other Crimes Against Humanity"

(a) The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to a policy of peace, equality, justice, freedom, cooperation and amity with
all nations.
(b) The state values the dignity of every human person and guarantees full respect for
human rights, including the rights of indigenous cultural communities and other
vulnerable groups, such as women and children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolved
armed conflict in order to promote the goal of "Children as Zones of Peace";
(d) The state adopts the generally accepted principles of international law, including the
Hague Conventions of 1907, the Geneva Conventions on the protection of victims of
war and international humanitarian law, as part of the law our nation;
(e) The most serious crimes of concern to the international community as a whole must
not go unpunished and their effective prosecution must be ensured by taking
measures at the national level, in order to put an end to impunity for the perpetrators
of these crimes and thus contribute to the prevention of such crimes, it being the
duty of every State to exercise its criminal jurisdiction over those responsible for
international crimes;
(f) The State shall guarantee persons suspected or accused of having committed grave
crimes under international law all rights necessary to ensure that their trial will be fair
and prompt in strict accordance with national and international law and standards for
fair trial, It shall also protect victims, witnesses and their families, and provide
appropriate redress to victims and their families, It shall ensure that the legal
systems in place provide accessible and gender-sensitive avenues of redress for
victims of armed conflict, and
(g) The State recognizes that the application of the provisions of this Act shall not affect
the legal status of the parties to a conflict, nor give an implied recognition of the
status of belligerency

Obligations of States, State Agents, and Private Individuals in Relation to Human

Rights

International Covenant on Civil and Political Rights

Article 2 Each State Party to the present Covenant undertakes to respect and to
(1) ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

International Covenant on Economic, Social and Cultural Rights

Article 1. Each State Party to the present Covenant undertakes to take steps,
2 individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available
resources, with a view to achieving progressively the full realization of

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the rights recognized in the present Covenant by all appropriate means,

including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that
the rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
3. Developing countries, with due regard to human rights and their national
economy, may determine to what extent they would guarantee the
economic rights recognized in the present Covenant to non-nationals.

Civil Code
Article Any public officer or employee, or any private individual, who directly or
32 indirectly obstructs, defeats, violates or in any manner impedes or impairs
any of the following rights and liberties of another person shall be liable to
the latter for damages:
1. Freedom of religion
2. Freedom of speech;
3. Freedom to write for the press or to maintain a periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. The right against deprivation of property without due process of law;
7. The right to a just compensation when private property is taken for
public use;
8. The right to the equal protection of the laws
9. The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
10. The liberty of abode and of changing the same;
11. The privacy of communication and correspondence
12. The right to become a member of associations or societies for
purposes not contrary to law;
13. The right to take part in a peaceable assembly to petition the
government for redress of grievances;
14. The right to be free from involuntary servitude in any form;
15. The right of the accused against excessive bail;
16. The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to
have a speedy and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witness
in his behalf;
17. Freedom from being compelled to be a witness against one's self, or
from being forced to confess guilt, or from being induced by a promise
of immunity or reward to make such confession, except when the
person confessing becomes a State witness;
18. Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
which has not been judicially declared unconstitutional; and
19. Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's
act or omission constitutes a criminal offense, the aggrieved party has a right
to commence an entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted), and mat be proved by a
preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also

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be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his
act or omission constitutes a violation of the Penal Code or other penal
statute.

Stages of Human Rights

1. Idealization of Human Rights
Stage where we have human rights ideals

2. Positivization
stage at which support for ideas of human rights are incorporated in
the legal instruments, whether domestic or international.

3. Human Rights Protections is actually the job of all 3 branches

of government
Legislative
o Laws
o concretizes means to protect human rights
Judicial Acts
o in relation to definition of judicial power
o (art 8 sec1 of constitution)
o ubi jus, ibi remedium where there is a right, there is a remedy
Executive Acts
o various bodies tasked to promote various aspects of human
rights

Human Rights in Domestic and International Law

1987 Constitution
o Art II, Sec. 11 state policy on protecting, guaranteeing human
rights
Implemented by:
- Bill of Rights, Art III
- Creation of Commission on Human Rights
o Art II, Sec. 2 generally accepted principles of International
law (GAPIL)
International law
- Monist School
- Dualist School - international law can only be
recognized specifically and adopted to domestic law
if it is specified in the law.
Sources of international law
- treaties become part of local law through
ratification

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treaties when ratified become same class as

statutes, not higher than the constitution.
- Customs
determined by court which customs become law
part of the land
- generally accepted principles (GAPIL)
determined by court which GAPIL become part of
the law of the land.
- writings of publicists

Obligations of State and State Agents

1987 Constitution
o Bill of Rights, Art III : self-executory provisions
limit to State power
obligation of State and state agents to respect human
rights, to refrain from acts which encroach upon the human
rights
Special laws

International Law
Treaties
Have 4 parts: For the State to respect, guarantee, adopt appropriate
measures and establish remedies
o list of rights
o state obligations under the treaty (document)
o remedy for violation of rights
o establishing a body that supervises compliance
Art II, International Covenant of Human Rights
International Covenant on Economic and Social Rights
"guarantee" - immediately demandable
recognized

International Bill of Rights

o Treaties : legally binding
UDHR
ICCPR (1966; 1986)
- optional protocols
Communication from private parties to
international law bodies regarding violations of
human rights (signed 1986 rat 1989)
Aim to abolish death penalty (signed 2006 rat
2007)
ICESCR(RP signed 1966 rat 1947)

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Allows for suspension for obligation (art 4 of ICCPR)

Substantive Content of Human Rights

1st generation Civil + Political
rights
2nd generation Economic Social Cultural
rights
3rd generation Peace, Environment
rights

BILL OF RIGHTS
Right to Life
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.

"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
law nor shall any person be denied the equal protection of law.
o Every human being has the inherent right to life.

Right to Liberty
Right to Property
Valid expropriation
o Public Use
o Just Compensation

Orquiola vs Tandang Sora Development Corporation

o Right to property cannot only be applied to expropriation.
o Sps Orquiola are buyers in good faith and builders in good faith,
and not having been part of the case, cannot be forced to
demolish and leave their property without due process.

Due Process
Procedural Due Process
o process an opportunity to be heard
o refers to the mode of procedure which government agencies
must follow in the enforcement and application of laws.

Substantive Due Process

o guarantee against arbitrary exercises of police power
o Police Power: Taxation and Eminent Domain
o prohibition against arbitrary laws.
o Requisites:

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1. The INTERESTS of the public generally, as distinguished from

those of a particular class, requires the interference by the
government and
2. The MEANS employed are necessary for the accomplishment
of the purpose and not unduly oppressive upon individuals.

Negative: inherent and plenary power of the state which enables it to

prohibit all that is hurtful to the society

Positive: police power is the power vested in the legislature by the

constitution to make and ordain to establish wholesome and
reasonable laws either with penalties or not

In short, Make laws for the public welfare: Safety, Health and morals

Judicial Proceedings Requirements:

1. A court or tribunal clothed with judicial power to hear and determine
the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the
proceedings.
3. The defendant must be given notice and an opportunity to be
heard.
4. Judgment must be rendered upon a lawful hearing.
o Administrative Due Process: 7 cardinal rights (Ang Tibay)

Right to Equal Protection

The equality that it guarantees is legal equality or the equality of all
persons before the law. It does not demand absolute equality. It
merely requires that all persons shall be treated alike, under like
circumstances and conditions both as to privileges conferred and
liabilities enforced.

Rational Basis Test

o Rational basis, legitimate purpose

Strict Scrutiny Test

o Compelling state interest
o absence of less restrictive means

Intermediate Scrutiny
o Important
o Substantially related purpose

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BSP Employees Association v BSP

Right to Personal Integrity

RA 9745
o Sec. 2 of the new law declares the policy of the State:
(a) to value the dignity of every human person and guarantee full respect for
human rights;
(b) to ensure that the rights of all persons, including suspects, detainees and
prisoners are respected at all times; that no person placed under investigation
or held in custody by any person in authority or agent of a person in authority
shall be subjected to torture, physical harm, force, violence, threat or
intimidation or any act that impairs his/her free will; and that secret detention
places, solitary, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are hereby prohibited; and
(c) to fully adhere to the principles and standards on the absolute
condemnation and prohibition of torture set by the 1987 Philippine
Constitution and various international instruments, such as the International
Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of
the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the Convention Against Torture
and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), to
which the Philippines is a State party.

o Section 13 of Republic Act No. 9745, otherwise known as the Anti-Torture Act
of 2009 makes the immediate commanding officer of the unit concerned of
the AFP or the immediate senior public official of the PNP and other law
enforcement agencies criminally liable as a principal to the crime of torture or
other cruel or inhuman and degrading treatment or punishment if he/she has
knowledge of or, owing to the circumstances at the time, should have known
that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed
by his/her subordinates or by others within his/her area of responsibility and,
despite such knowledge, did not take preventive or corrective action either
before, during or immediately after its commission, when he/she has the
authority to prevent or investigate allegations of torture or other cruel,
inhuman and degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due to negligence
shall also be liable as principals.

o Sec. 6 expressly declares that torture as a criminal act. No exceptional

circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency, may be invoked as a
justification for torture. An Order of Battle or any order from a superior
officer or public authority shall not be invoked as a justification for the
commission of torture.

o Sec. 16 provides for the international law aspect of the crime. Notwithstanding
the provisions of the foregoing section, any investigation, trial and decision in
any Philippine court or other agency for any violation of this Act shall be
without prejudice to any investigation, trial, decision or any other legal or
administrative process before the appropriate international court or agency
under applicable international human rights and humanitarian laws.

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Right to Personal Security

SECTION 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

Valid Search Warrant

o probable cause - refers to such facts and circumstances which
would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to be
arrested.
o For the issuance of a search warrant:
Probable cause would mean such facts and circumstances
which would lead a reasonably discreet and prudent man
to believe that an offense has been committed and that
the objects sought in connection with the offense are in the
place to be searched.
- Note: Probable cause for the issuance of a search warrant
does NOT require that the probable guilt of a specific offender
be established, unlike in the case of a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY BY
THE JUDGE
- The judge is NOT required to personally examine the
complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable
cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors
certification and investigation report whenever necessary
(Lim v. Felix).
Particular description of articles to be seized
- A search warrant may be said to particularly describe the things
to be seized when the description therein is as specific as the
circumstances will ordinarily allow or
- When the description expresses a conclusion of fact not of
law by which the warrant officer may be guided in making the
search and seizure or
- When the things described are limited to those which bear a
direct relation to the offense for which the warrant is being
issued (Bache and Co. v. Ruiz, 37 SCRA 823).

Warrantless searches:
o Search made as an incident to lawful arrest

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An officer making an arrest may take from the person

arrested:
1. Any money or property found upon his person which was used in
the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of committing
violence or escaping or
4. Which may be used in evidence in the trial of the case
The search must be made simultaneously with the arrest
and it may only be made in the area within the reach of the
person arrested

o Search of moving vehicles

This exception is based on exigency. Thus, if there is time
to obtain a warrant in order to search the vehicle, a
warrant must first be obtained.
The search of a moving vehicle must be based on probable
cause.
o Seizure of goods concealed to avoid customs duties/authorized
under the Tariffs and Customs Code
The Tariffs and Customs Code authorizes persons having
police authority under the Code to effect search and
seizures without a search warrant to enforce customs laws.
Exception: A search warrant is required for the search of a
dwelling house.
Searches under this exception include searches at borders
and ports of entry. Searches in these areas do not require
the existence of probable cause.
o Seizure of evidence in plain view
To be a valid warrantless search, the articles must be open
to the eye and hand.
The peace officer comes upon them inadvertently.

o Waiver of right
Requisites of a valid waiver:
1. The right exists.
2. The person had actual or constructive knowledge of the existence
of such right.
3. There is an actual intention to relinquish such right.

The right against unreasonable searches and seizures is a personal right. Thus, only
the person being searched can waive the same.
Waiver requires a positive act from the person. Mere absence of opposition is not a
waiver.
The search made pursuant to the waiver must be made within the scope of the
waiver.

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Right to Privacy
SECTION 3.
(1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Data Privacy Act of 2012

o Defines personal data as in a data that can identify you, student
number, mobile number etc
o Sensitive personal data example such as political affiliations
o Gives you a right as a data subject that your data will only be
processed with your consent.
Disini v Secretary of justice
o Cybercrime: How right to privacy is protected in the law
o problematic section 12
Sabio
o reasonable expectation of privacy
o violated.

Right to freedom of expression/peaceful assembly/

right to information
SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or
of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
SECTION 7. The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.

General rule is all speech is protected.

Exceptions:
o Obscenity
o Libel
o fighting words

Right to information
o General Rule Public has the right to information on matters of
public matters
o Exceptions
matters of national security
military/intelligence matters
diplomatic/foreign affairs

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Hilado
o about a specific kind of public information Court records
o judicial records, not all in the record is a public concern but the
parties may ask for access based on whether they have a
legitimate reason or interest on the matter.

EO 2 Series of 2016
o reiterates right to information
o presumption is in favor of the right of the person requesting it to
receive information.
o burden of proof is upon government to show that it is part of the
exceptions.
o provides measures to preserve and protect privacy of individuals
that may be involved.
o outlines the procedure for the request.
o remedies in case request is denied.

Freedom of Religion
SECTION 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.

Estrada v Escritor
o Test whenever there is a law rule that will limit religious
freedom, the Court will look at 3 factors:
o whether there is a burden on religious practice
o sincerity of belief
o compelling state interest that will justify putting limits on the
exercise of religious freedom.
o least intrusive means possible

Imbong v Ochoa
o Applied Estrada v Escritor test
o the requirement of having the patient to refer to another doctor
would be a burden and intrusive

Benevolet neutrality
o with respect to government action
o accommodation of religion ma be allowed
o not promote state's preferred religion.

Right to Liberty of Abode and Right to Travel

SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.

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Sylverio v CA
o Court has right to use means to carry out court proceedings
o criminal case

Right to travel
o limit: no court order needed
o public safety, national security, public health as may be
provided by law

Right to Liberty of abode

o limit: lawful order of court

1951 convention of refugees

o definition of refugee
o states have a duty of non-refoulement
non-refoulment: the practice of not forcing refugees or
asylum seekers to return to a country in which they are
liable to be subjected to persecution.
Right Against Impairment of the Obligation of Contracts
SECTION 10. No law impairing the obligation of contracts shall be passed.

Legitimate exercise of police power, before police power can supersede

the contracts.

Clemons v Nolting
o General rule: Non-impairment of obligation of contract
Vested rights

Ortigas & Co Ltd v CA

o Excpetion: valid exercise of police power

Right to Free Access to Courts, Quasi-Judicial Bodies and Adequate

Legal Assistance
SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Acar v Rosal
o pauper vs indigent
pauper depends on the government for support
indigent - one who does not have sufficient income,
property, etc for sustenance.
o The permission of leave to file an informa pauperis / pauper
litigant client will be exempt from paying filing fees, etc.

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Rights of the Accused Under Investigation

SECTION 12.
(1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in
the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.

Right to remain silent

o refuse to answer questions
o silence should not be taken against accused
o right to independent and competent counsel
o right to be informed of his rights
o if he waives his rights, it has to be in writing and in the presence
of counsel
o exclusionary rule applies evidence taken in violation of rights
are not admissible in court.

Important to know:
o Content
o when right commences
o valid waiver
o exclusionary rule

RA 7438
o extends the rights to any investigation.

People v Concepcion
o Appellants contention that they were not apprised of their
constitutional rights upon their arrest cannot lead to their
acquittal.
o The arresting officers alleged failure to inform them of their
Miranda rights or the nature of their arrest should have been
raised before arraignment. It is too late in the day for appellants
to raise these alleged illegalities after a valid information has
been filed, the accused arraigned, trial commenced and
completed, and a judgment of conviction rendered.
Right to Bail

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SECTION 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

People v Judge Cabral

o General Rule: Right to bail
if not a capital offense, bail is a matter of right
capital offense and evidence of guilt is strong, bail is
discretionary

Enrile v Sandiganbayan
o bail to ensure appearance of the accused

Right to Due Process and Presumption of Innocence

SECTION 14.
(1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

People v Zafra
o all elements of crime must be proven beyond reasonable doubt

People v Wagas
o Identity of accused must be proven beyond reasonable doubt

People v Mirondo
o Corpus Delicti chain of custody

The Privilege of Habeas Corpus

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except
in cases of invasion or rebellion when the public safety requires it.

Remedy: to one unjustly deprived of liberty

Corollary to the right to liberty
o ubi jus ibi remedium

Except suspension except

o invasion public safety
o rebellion public safety

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Right to Speedy Disposition of Cases

SECTION 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

Lopez v Ombudsman
o mandamus is only granted if there is a clear right.

Right Against Self-Incrimination

SECTION 17. No person shall be compelled to be a witness against himself.

2 main reasons
o prevent perjury
o prevent forced confessions
Criminal can refuse to take the witness stand
Civil - object to specific questions

Right Against Detention Solely by Reason of Political Belief and

Against Involuntary Servitude
SECTION 18.
(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Right Against Excessive Fines/Cruel and Unusual Punishment

SECTION 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

People v. Etchegaray
o Death penalty
Compelling reasons
Heinous crimes
Second Optional Protocol to the ICCPR Aiming at the Abolition of the
Death Penalty

Right Against Imprisonment for Debt or Non-Payment of Poll Tax

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

General Rule: non imprisonment for non-payment of debt.

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Applies in civil cases.

o Contract
o quasi-contract
o quasi-delict
People v. Linsangan
o a law applies retroactively if it is favorable to the accused.

Right Against Double Jeopardy

SECTION 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

Pacoy v. Cajigal
o Elements of Double Jeopardy
first jeopardy
- valid information
- accused is arraigned + enters plea
- there is either a conviction, acquittal or dismissal
without consent of accused
validly terminated
second jeopardy

Right Against Ex Post Facto Law/Bill of Attainder

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

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