Law 122
Constitutional Law II
April 24, 2018
Human Rights
1. CHR – investigation; fact-finding; civil &
political rights
2. Criminal – RPC; special laws
3. Civil – Art. 32 -> damages
o Moral damages – psychological
o Exemplary – to set an example
o Who may be liable: private person
or public officer who directly or
indirectly violates rights of another
(civil & political rights only)
4. Administrative – dismissed from
service, suspended, etc.
5. UN system – the State may be the one
liable; exception to the Rome Treaty ->
ICC -> the individual may be held liable
o UN bodies - State
o ICC – prosecutes individual; no
redress in the State
 Genocide
 War crimes
 Crimes against
humanity
 Crimes of aggression
Lim
- Ponce de Leon -> chief of the Philippine
Constabulary (then part of the AFP)
o Ordered PC to seize boat
- Illegal search and seizure
o Prosecutor is an executive official,
only a judge can issue a search
warrant
- Madela -> cannot be held liable
o Subordinate
Aberca
- Subordinate can be held liable
- Lim: defense of good faith can be
availed
- No requirement of malice
- Not directly involved -> higher PC
officers -> acquitted
- Respondeat superior -> not applicable
o The one who performed the act is
liable, the same way that the
person who caused him to do the
act should also be held liable.
- No search warrant
- During Martial Law (writ of habeas
corpus suspended)
o Despite suspension of writ, all
other rights remain operative
MHP
- Boy Scouts paraphernalia
- MHP did not go to court; they went to
the Constabulary instead
o Went to the market and seized
- Pursuant to court order, fake items
should be destroyed
o But in this case, they were under
the custody of MHP
- To whom will you file an action for
damages? The person who can pay ->
MHP (Constabulary men do not have
capacity to pay)
- MHP may be held liable
o Inducement on the part of MHP
o Boy Scouts should have been the
applicant (they directly own the
trademark, etc.)
o MHP -> contributory party; MHP
employee accompanied PC men
in the seizure
- Civil action for damages can be filed
even against the person who benefited
from the act of the public officer
Wilson
- Wilson -> British national charged with
rape
o Found guilty, but on appeal, was
acquitted
o Unjustly imprisoned; conflicting
evidence, insufficient
o Sought compensation from DOJ
o Given P14,000 initially, but
eventually was given P40,000
o Not satisfied, filed a
communication before the Human
Rights Committee of ICCPR, a
treaty body
o Committee: Philippines violated
Wilson’s rights; he was not
adequately compensated
 Law 122
Constitutional Law II

April 24, 2018

- Decision focused on improving o Those who were in the

conditions of jails
- Wilson and counsel wrote a letter to the
executive secretary, did not get a
favorable response; went to the
Supreme Court -> mandamus
- Writ of mandamus cannot issue
o No ministerial duty
o If decision is rendered by a
judicial body, it can be enforced
o Decision of the Human Rights
Committee -> not issued by a
judicial body
o If addressed to the State, the
Executive & Legislative branches
should act on it
- First recourse (bringing to the Exec.
Sec.) -> best recourse
- Implementing the mechanism ->
compensation (under the law)
o There was basis for
compensation.
o P40,000 -> went beyond what is
provided for in the law (P1,000
base + P1,000/year of illegal
detention)
o SC cannot adjust value
o Executive can recommend to
Legislative to pass a law to adjust
value, if no existing law
Philippines
o Those who wanted to remain as
Spanish subjects could choose to
do so
o Indios -> not Spanish subjects ->
will fall under “choice” to become
Filipinos
o Even foreigners can choose to be
Filipinos
o How to determine citizenship of
those who are in the Philippines
from 1899 to 1902? Not
Spaniards, not Americans, but
also not Filipinos; American
common law: citizens are those
who were born in the country ->
jus soli
- Jones Law of 1916
o Jus sanguinis
- 1935 Constitution
- 1973 Constitution
- 1987 Constitution

Citizenship
- Determines who can have rights and
obligations (taxes, defense, suffrage
[Martial Law: suffrage is an obligation,
penalized if not done], etc.)

History
- Spanish era
o No concept of Filipino
o No government census
o Indio
- Treaty of Paris
o Not American citizens, but subject
to the protection of the Americans
- Phil. Bill of 1902
o Introduced the term “Filipinos”
o Based on residency