HUMAN RIGHTS

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include to right to life and liberty,
freedom from slavery and torture, freedom of expression, the right to work and education and
others. Everyone is entitled to these rights without discrimination.

JUS COGENS

A peremptory norm of international law that is accepted and recognized by the international
community from which no derogation is permitted. Examples are prohibition against slavery,
torture, piracy, genocide, Universal Declaration of Human Rights.

OBLIGATIO ERGA OMNES

These are obligations that are owed by States to all, regardless of the presence or absence of
their assent to be bound thereby. These obligations are intertwined with the concept of jus
cogens and usually arise from jus cogens rights. The laws of International Law must be observe
and each Sate must act in accordance with it. One State can only interfere with the conduct
of another when there is compelling reason to do so and when it dangers the international
community

STATE RESPPONSIBILITY

A State is under obligation to make reparations to another State for the failure to fulfill its
primary obligation to afford, in accordance with international law, the protection due to the
national of another State.

Direct responsibility of the State committed by State actors and responsibility for acts
committed by non-State actors when the State failed to pass laws, prevent and punish
violations, and to provide adequate legal remedies.

The State Responsibility extends to acts committed by instrumentalities of the State.

ELEMENTS OF INTERNATIONALLY WRONGFUL ACT OF THE STATE

1. The act or omission is attributable to the State under international law;
2. The conduct constitutes breach of an international obligation of the State

DERIVATIVE STATE RESPONSIBILITY

Where a State assisted in the commission of the act or allowed it to happen. It is present where:
a. the State aids and assists in the commission by another of the internationally wrongful
act; and
b. the State exercises direction and control over the commission of the act.

State Responsibility in the Domestic Sphere states that the recognition and protection of
Human Rights is with the three (3) departments: Executive, Legislative and Judiciary. The
executive has the obligation for the strict implementation of laws; Legislative imposes
violations; and the Judiciary (5) Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules
shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall
be uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

ACTIO POPULARIS

Derives from Roman law and indicates an action brought by a citizen asking the court to
protect a public interest, without any need to show an individual interest in pursuing its claim

Non-government offices (NGOs) of good standing in the international community may be

allowed to sue for and on behalf of victims who do not have the means to do so.

Complaints action popularis do not necessarily arise from erga omnes obligations: the term
erga omnes refers to obligations of States to the international community, while action
popularis is a rule of procedure in bringing suit on another’s behalf.

CUSTOMARY INTERNATIONAL LAW

It is one of the primary sources of Human rights which has 2 elements:
1. Objective Element - amounting to State Practice which is characterized by generality,
uniformity, consistency and conformity; and
2. Subjective/Psychological Element - known as opinio juris sive necessitates which is a
sense of legal obligation.

Complete uniformity is not required and it would suffice that conduct is generally consistent
with the rule.
Ex: Jus cogens

INCORPORATION CLAUSE

“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 the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.”
Section 2, Article II, 1987 Constitution

TRANSFORMATION CLAUSE

A principle of International Law which holds that the generally accepted rules of international
law are not per se binding upon the State but must first be embodied in legislation enacted
by the lawmaking body and so transformed will they become binding upon the State as part
of its municipal law.”
TORTURE- GUANTANAMO BAY

is a United States military prison located within Guantanamo Bay Naval Base,[1] also referred
to as Guantánamo, G-Bay, GTMO, and Gitmo (/ˈɡɪtmoʊ/), which is on the coast
of Guantánamo Bay in Cuba. Indefinite detention without trialand torture have led the
operations of this camp to be considered a major breach of human rights by Amnesty
International and a violation of Due Process rights of the Fourteenth Amendment of the United
States Constitution

After attacks of religious extremist on New York, The Guantanamo Bay became the holding
center for suspects arrested in America's war on terror. the very first prisoner arrived the
following year.

The Guantanamo Bay Detention is known for being a Legal Blackhole. Not all the detainees
here being held without a charge. Detainees of the camp where subjected to alleged torture.
Cuba as highlighted in the case of Rasul vs Bush, has ultimate sovereignty of the base while US
has complete jurisdiction, rison camp was established to detain extraordinarily dangerous
people, to interrogate detainees in an optimal setting, and to prosecute detainees for war
crimes.[9] In practice, the site has long been used for enemy combatants.
Rasul vs Bush

Justice John Paul Stevens held that, although Cuba retains “ultimate sovereignty,” the
“plenary and exclusive” jurisdiction exercised by the United States over the territory of the
Guantánamo Bay naval base was sufficient to guarantee habeas corpus rights to foreign
nationals held there.
Despite the result of these case, the exercise of such rights was not clear.
RELATIONASHIP AT GB TO HR

Guantanamo Complicates Diplomacy and National Security Cooperation

Countries limit national security cooperation: Because of the questionable legitimacy of the
Guantanamo military commissions and the human rights concerns over indefinite detention
at the prison, countries have refused to extradite terrorism suspects to the United States or
share intelligence without promises that those individuals will not be tried in military
commissions and that the intelligence will not be used in military commission trials.

Guantanamo makes diplomacy more difficult and diminishes American influence on human
rights issues: According to the White House, the existence of the Guantanamo detention
facility “plagues our bilateral and multilateral relationships, creates friction with governments
whose nationals we detain, [and] provides cover for regimes whose detention practices we
oppose.” Former Secretary of State Colin Powell has expressed frustration with this as well,
noting: “As secretary of state, Guantanamo was a heavy load to carry as I went around the
world talking about human rights, talking about how you treat prisoners, talking about how
you can’t have indefinite detention or the use of torture to get things out of people. And I
always had pushback at me, 'But look at what you were doing at Guantanamo.’”

Human rights violations at the prison complicate relations with Cuba: The terms of the United
States’ lease on Guantanamo Bay may preclude building a prison, as a State Department
diplomat acknowledged in 2006, writing, “The United States is technically in default, and has
been for many years, because the lease provides that the base is to be used only for a coaling
station,” and not for a military prison. The Cuban government has cited human rights violations
at Guantanamo as a reason to close the base and return the land to Cuban control. In 2013,
Cuban Foreign Minister Bruno Rodriguez noted to the United Nations, “One hundred and sixty
six persons have remained under detention for ten years now, without any guarantees, without
being tried by a court or the right to legal defense … That prison and military base should be
shut down and that territory should be returned to Cuba.”

COMMISSION ON HUMAN RIGHTS

An independent NHRI created under the 1987 Philippine Constitution established on May 5,
1987 by virtue EO No. 163.
The Commission is mandated to conduct investigations on human rights violations
against marginalized and vulnerable sectors of the society, involving civil and political rights;
Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal
aid services to the under-privileged whose human rights have been violated or need
protection;
· “A” accredited, fully complying with the Paris Principles adopted by the United Nations
General Assembly 1995.
As an NHRI, the Commission upholds six (6) fundamental characteristics:
1. Independence- it must not be subjected by the mandate or control of internal and
external personalities since it is an independent Constitutional body, and should not be
controlled by E,L.J.
2. Pluralism
3. Broad mandate- is mandated to conduct investigations on human rights violations
against marginalized and vulnerable sectors of the society, involving civil and political
rights;
4. Transparency
5. Accessibility
6. Operational efficiency

EPZA VS CHR
CHR is not a court of justice nor even a quasi-judicial body. The most that may be conceded
to the Commission in the way of adjudicative power is that it may investigate, i.e., receive
evidence and make findings of fact as regards claimed human rights violations involving civil
and political rights. But fact-finding is not adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasi-judicial agency or official. The function of
receiving evidence and ascertaining therefrom the facts of a controversy is not a judicial
function, properly speaking. To be considered such, the faculty of receiving evidence and
making factual conclusions in a controversy must be accompanied by the authority
of applying the law to those factual conclusions to the end that the controversy may be
decided or determined authoritatively, finally and definitely, subject to such appeals or modes
of review as may be provided by law. This function, to repeat, the Commission does not have.
The constitutional provision directing the CHR to "provide for preventive measures and legal
aid services to the underprivileged whose human rights have been violated or need
protection" may not be construed to confer jurisdiction on the Commission to issue a restraining
order or writ of injunction for, if that were the intention, the Constitution would have expressly
said so. "Jurisdiction is conferred only by the Constitution or by law"

Cybercrime Prevention Act of 2012

Section 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing an environment
conducive to the development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and intelligible access
to exchange and/or delivery of information; and the need to protect and safeguard the
integrity of computer, computer and communications systems, networks, and databases, and
the confidentiality, integrity, and availability of information and data stored therein, from all
forms of misuse, abuse, and illegal access by making punishable under the law such conduct
or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and
combat such offenses by facilitating their detection, investigation, and prosecution at both
the domestic and international levels, and by providing arrangements for fast and reliable
international cooperation.

KINDS OF CYBCERCRIME AND WARRANTS

A.M. No. 17-11-03-SC issued the Rule on Cybercrime warrants, which took effect last August
15, 2018.

Who can issue?

These warrants shall be issued by designated Cybercrime courts, which are also the
special commercial courts under the Regional Trial Courts as indicated under A.M. No.
03-03-03-SC issued last November 15, 2016.

Who shall acquire jurisdiction over the Cybercrime offenses?

The Cybercrime court where:
The cybercrime offense was committed
Where the computer system is situated
The place where the damage was caused

Who can file the Cybercrime warrants?

Law enforcement authorities before any of the designated Cybercrime courts

Where can the Cybercrime warrant be enforced?

Within and outside the Philippines

How long are Cybercrime warrants valid?

Ten (10) days from issuance, with the option of extending another ten (10) days

What are other requirements before the Cybercrime warrant is issued?

 Personal examination by the judge in the form of searching questions, written and
under oath.

What are the contents in an application of a Cybercrime warrant?

Probable offense involved
Relevance and necessity of the data being obtained
Name of individuals or entities involved
Particular description of the data sought to be obtained
Place where information is to enforced
How disclosure/interception/seizure/search/examination of data is to be carried out
Other relevant information
Who has custody over the data or items seized, intercepted, and obtained by law
enforcement?
Before filing of return – law enforcement
After filing of return – court

What are the contents of the inventory upon the filing of return by law enforcement?
Date and time of disclosure, interception, search, seizure and examination of data
Particulars of computer data including hash values
How the data was obtained
Identification of all items seized (make, brand, serial numbers)
Names and position of law enforcement who had access to the data prior to depositing
to the court
Names of officers who delivered the items to the court
Name of law enforcement officer allowed to access the deposited data
Certification that no duplicates has been made or retained by law enforcement

Who has access to the computer data while under custody?

No one. Unless upon motion granted by the court on trial.

What are the types of Cybercrime warrants?

1. Preservation Warrant (Preservation of Computer Data)

A warrant usually issued for law enforcement authorities ordering a provider to
preserve data while law enforcement works to obtain a disclosure warrant. This does
not allow law enforcement to view the data but merely to order the provider to hold
on to the data of the subscriber. A service provider may be a telecommunications
or infrastructure provider.

Requirements for service provider:

a. Preserve data for a minimum period of six (6) months and further six (6) months from
date of receipt of the order from law enforcement authorities
b. Law enforcement may order a one-time extension for another six (6) months
provided that notification shall be made to the Office of the Prosecutor upon
transmission

Does the provider need to disclose to the subscriber regarding a preservation order
issued? No, the provider shall keep the order and its compliance confidential
 2. Disclosure Warrant (Disclosure of Computer Data)
A warrant issued for disclosing the data of a subscriber, including all network traffic and
data related. Unlike a preservation warrant, this actually will allow law enforcement to
view the data.

Requirements for service provider:

Disclose or submit subscriber’s information, traffic data or other relevant data
How long does the service provider have to comply with the disclosure warrant?
Within seventy-two (72) hours
Are law enforcement allowed to keep copies of the data obtained from the disclosure
warrant?
Yes, provided that they keep the details and contents of the data strictly confidential
for purposes of investigation
When are law enforcement authorities no longer allowed to retain the data?
The data shall be turned over to the court upon filing of a criminal action of the
subscriber

3. Interception Warrant (Interception of Computer Data)

Warrant issued to law enforcement, enabling them to conduct activities such as
listening, recording, monitoring and surveillance of data through the use of electronic
tapping or interception of computer data pertaining to the accused.

Does law enforcement need to disclose to the interception to the accused?

No. Except, if no return has been filed by the law enforcement agent to the court.
In case of no return filed, the accused shall be informed of all interception activities
conducted pertaining to his person and his data.

4. Search, Seizure and Examination Warrant (Search, Seizure and Examination of Data)
Law enforcement may seize and conduct a search and examination of the data
obtained from an accused.

Can the accused seek return of the seized and searched items and data?
Yes, provided that a forensic image has been made by law enforcement
Forensic image is a copy of the entire data structure of an item.

Can interception of communications and data be done even in an search, seizure and
examination warrant?
Yes, provided that such interception is reasonably related to the data being seized,
searched or examined.
How long are the items seized, returned to the court: 10 days

What data is kept by law enforcement?

List of all items seized (name, make, brand, serial numbers)
Hash value of data seized
How long shall the examination of data be conducted by law enforcement?
Upon the discretion of the court, provided it shall not be extended for more than thirty
(30) days.
 5. Examination Warrant (Examine Data Obtained Lawfully)
Is a warrant issued when an item has been seized through lawful warrantless arrest by
law enforcement for the purpose of forensic examination of data.

6. Destruction Warrant (Destruction of Data)

Allows law enforcement to partially or completely destroy data subject to preservation
and examination.

May the court order return of the data subject for destruction?
Yes. If no preliminary investigation or case is instituted after thirty-one (31) days from
deposit, or if upon lack of probable cause.

How shall the destruction of the data be made?

The court shall ask for the retained copy from law enforcement and in the presence of
the Clerk of Court, the accused and his counsel, destroy the data through shredding,
drilling of four holes on the device, prying the platters or other methods accepted by
international standards of data destruction.

SOURCES OF HR AND THEORIES OF HR

Article 38(1) of the Statute of International Court of Justice (ICJ) enumerates the sources of
human rights as follows:
1. International Conventions
2. International custom
3. General Principles of law recognized by the community of nations
4. Judicial decisions and the teachings of the most highly qualified publicists (subsidiary
means)
5. Writings of the most qualified publicists

INTERNATIONAL CUSTOMARY LAW

To be considered international customary law, there must be:
1. Objective Element - amounting to State Practice which is characterized by generality,
uniformity, consistency and conformity; and
2. Subjective/Psychological Element - known as opinio juris sive necessitates which is a
sense of legal obligation.

Complete uniformity is not required and it would suffice that conduct is generally
consistent with the rule.

GENERAL PRINCIPLES OF LAW

These are unwritten, and uncodified concepts from which laws are based. A principle of law
may evolve from local or municipal jurisprudence of a State which is adopted by other States,
from teachings and publications, and from works of experts.

WRIT OF KALIKASAN AND CONTINUING MANDAMUS A.M. 09-6-8- SC

Basis: Sec 16, Art 2- The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature
Writ of Kalikasan

The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with violation by an unlawful act
or omission of a public official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces

The petition shall be filed with the Supreme Court or with any of the stations of the Court of
Appeals.
The petitioner shall be exempt from the payment of docket
Continuing mandamus

When any agency or instrumentality of the government or officer thereof unlawfully neglects
the performance of an act which the law specifically enjoins as a duty resulting from an office,
trust or station in connection with the enforcement or violation of an environmental law rule or
regulation or a right therein, or unlawfully excludes another from the use or enjoyment of such
right and there is no other plain, speedy and adequate remedy in the ordinary course of law,
the person aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty, attaching thereto supporting evidence, specifying that the petition concerns
an environmental law, rule or regulation, and praying that judgment be rendered
commanding the respondent to do an act or series of acts until the judgment is fully satisfied,
and to pay damages sustained by the petitioner by reason of the malicious neglect to perform
the duties of the respondent, under the law, rules or regulations. The petition shall also contain
a sworn certification of non-forum shopping.

The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory
where the actionable neglect or omission occurred or with the Court of Appeals or the
Supreme Court.

The petitioner shall be exempt from the payment of docket fees.

Precautionary principle

states that when human activities may lead to threats of serious and irreversible damage to
the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat
Prohibited Pleadings: Motion to Dismiss, Intervene, Motex

Who may file:

Any real party in interest, including the government and juridical entities authorized by law,
may file a civil action involving the enforcement or violation of any environmental law.

Citizen suit. — Any Filipino citizen in representation of others, including minors or generations
yet unborn, may file an action to enforce rights or obligations under environmental laws. Upon
the filing of a citizen suit, the court shall issue an order which shall contain a brief description
of the cause of action and the reliefs prayed for, requiring all interested parties to manifest
their interest to intervene in the case within fifteen (15) days from notice thereof.

WRIT OF HABEAS CORPUS VS WRIT OF AMPARO

Writ of Habeas Data A. M. No. 08-1-16-SC

The writ of habeas data is a remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing
of data or information regarding the person, family, home and correspondence of the
aggrieved party.

Who May File. - Any aggrieved party may file a petition for the writ of habeas data. However,
in cases of extralegal killings and enforced disappearances, the petition may be filed by:

(a) Any member of the immediate family of the aggrieved party, namely: the spouse,
children and parents; or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph; or

Where to File. - The petition may be filed with the Regional Trial Court where the petitioner or
respondent resides, or that which has jurisdiction over the place where the data or information
is gathered, collected or stored, at the option of the petitioner

No docket and other lawful fees shall be required from an indigent petitioner. The petition of
the indigent shall be docked and acted upon immediately, without prejudice to subsequent
submission of proof of indigency not later than fifteen (15) days from the filing of the petition.

Writ of Amparo (A.M. No. 07-9-12-SC, 25 Sept 2007)- (Basis: Art 8, Sec 5)
(Sec. 1)The petition for a writ of amparo is a remedy available to any person whose right to
life, liberty and security is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ shall cover
extralegal killings (refers to killings without process of law) and enforced disappearances
(refers to the arrest, detention, abduction or any other form of deprivation of liberty committed
by agents of the State or by persons or groups of persons acting with the authorization, support
or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty
or by concealment of the fate or whereabouts of the disappeared person, which places such
person outside the protection of the law)or threats thereof.
 The petition may be filed by the aggrieved party or any qualified person or entity on the
following order; any member of the immediate family, S/C/P of the a.p; Any ascendant,
descendant or collateral relative within the 4th civil degree of consanguinity and affinity; or in
default, any concerned citizen, association or institution, if there is no known member of the
immediate family or relative of the aggrieved party.

The petition may be filed on any day and at any time with the Regional Trial Court of the place
where the threat, act or omission was committed or any of its elements occurred, or with the
Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The
writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before
such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place
where the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court
or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their
justices, or to any Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.

No Docket Fees. The petitioner shall be exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or judge shall docket the petition and act
upon it immediately.

Section 5, Art 8: Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice of law,
the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.

Kinds:
1. Amparo Libertad- refers to the protection of personal freedom
2. Amparo Contra-Leyes- refers to the judicial review of constitutionality of Statute
3. Amparo Casacion- refers to judicial review of judicial decisions
4. Amparo Adinistrativo- refers to review of an administrative act
5. Amparo Agpario- refers to the protection of peasants.

TREATY BASED AND CHARTERED BASED

CHARTER-BASED MECHANISM
Those provided under the UN Charter or through the UN organs.
1. Complaints Procedure: 1503 Procedure - originally passed under the ECOSOC has been
carried over to the HRC complaints procedure. These procedure addresses
communications submitted by individuals, groups, or non-government organizations
 that claim to be victims of human rights violations or that have direct, reliable
knowledge of such violations. Criterias:
a. it is not manifestly politically motivated and its objective is consistent with the UN
Charter
b. gives factual description of the alleged violations, including rights which are
alleged to be violated
c. language is not abusive
d. submitted by a person or a group of persons claiming to be the victims of the HR
violations and fundamental freedoms acting in good faith
e. second-hand knowledge is still admissible provided that they are accompanied
by clear evidence
f. not exclusively based on reports disseminated by mass media
g. does not refer to a case that appears to reveal a consistent pattern of gross and
reliably violations dealt with by a special procedure (treaty or other bodies)
h. domestic remedies have been exhausted unless it appears such remedies would
be ineffective or unreasonably prolonged.
2. State Reports - annual reports or called as Country Reports on Human Rights Practices
or the Human Rights Reports. They contain situationers on the civil, political and
economic rights as set forth in the Universal Declaration of Human Rights and other
treaties. These are usually comprehensive, but they may not necessarily reflect the real
sentiment of their citizenry.
3. Special Procedures (Special Rapporteurs) - Composed of special rapporteurs, expert or
envoys sent to member States in order that they make an investigation and report to
the UN on the human rights violations committed.
4. NGOs - NGOs may submit written report, referred to as shadow reports or alternative
reports which could be useful during the Universal Periodic Review process. They can
also participate in the discussions on human rights issues before the UN Human Rights
Council.
5. Universal Periodic Review (UPR) - authorized under UN General Assembly Resolution No.
60/251 that established the Human Rights Council to render a report on its human rights
situation once every 4 years. In this procedure, the State presents its report on its right
situation, and a troika composed of three (3) other member States will give their
comments and suggestions.
6. Human Rights Council
7. Commission on Human Rights
8. Sub-commission of Experts and Rapporteurs
9. NHRI

TREATY-BASED MECHANISMS
Those provided under treaty bodies which render views on complaints brought before it such
as:
1. Human Rights Committee - composed of 18 members, the body charged with
overseeing compliance of the International Convention on Civil and Political Rights
(ICCPR) which reviews the reports of the States who ratified the ICCPR as well as the
individual petitions against States who ratified the Optional Protocol to the ICCPR.
2. Committee on Economic, Social and Cultural Rights - body that monitors compliance
by States of the International Convention on Economic, Social and Cultural Rights
(ICESCR) which is directly under the ECOSOC and the General Assembly.
 3. Committee on the Elimination of Racial Discrimination (CERD) - monitors the International
Convention on the Elimination of Racial Discrimination which has a reporting procedure,
early-warning procedure, the examination of interstate complaints, and the
examination of individual complaints.
4. Committee on the Elimination of Discrimination Against Women (CEDAW) - monitors the
Convention on the Elimination of Discrimination Against Women, composed of 23
experts on women issues who reviews the State Reports of members who submits them
once every four (4) years and also issues General Recommendations on issues affecting
women which need more focus.
5. Committee on the Rights of the Child (CRC) - composed of 18 independent experts that
monitor State compliance to the Convention on the Rights of the Child which the States
must submit reports.
6. Committee Against Torture (CAT) - monitors the Convention Against Torture and other
Cruel, Inhuman, or Degrading Treatment or Punishment which is composed of 10
independent experts and reviews State Reports that are submitted once every 4 years
and conducts inquiries, inter-state complaints and individual complaints.
7. Committee on Migrant Workers (CMW) - monitors the compliance by member States of
the International Convention on the Protection of All the Rights of Migrant Workers and
Members of their Families. State reports are submitted and reviewed once every 5 years.
8. Committee on the Rights of Persons with Disabilities (CRPD) - composed of 12 members
serving 4-year term that monitors the Convention on the Rights of Persons with
Disabilities.

PERTINENT PROVISIONS IN CONSTI RELATING TO HR

Section 1, Article III

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.

Section 2, Article III

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.

Section 4, Article III

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 1, Article XIV

The State shall protect and promote the right of all citizens to quality educations at all levels,
and shall take appropriate steps to make such education accessible to all.

Section 17, Article XIV

The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights
in the formulation of national plans and policies.

JURISDICTION OF FAMILY COURT

Section 5 of R.A. 8369.

Sec. 5. Jurisdiction of Family Courts. – The Family Courts shall have exclusive original jurisdiction
to hear and decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age but
not less than nine (9) years of age, or where one or more of the victims is a minor at the time
of the commission of the offense: Provided, That if the minor is found guilty, the court shall
promulgate sentence and ascertain any civil liability which the respondent may have
incurred.

Here, the two minor victims, for whose interests the people wanted the murder cases moved
to a family court, are dead. As respondents aptly point out, there is no living minor in the
murder cases that require the special attention and protection of a family court. In fact, no
minor would appear as party in those cases during trial since the minor victims are represented
by their parents who had become the real private offended parties. (People Vs. Yadao)

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating
to marital status and property relations of husband and wife or those living together under
different status and agreements, and petitions for dissolution of conjugal partnership of gains;

e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209,
otherwise known as the "Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent o neglected

children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws;

h) Petitions for the constitution of the family home;

i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;

j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No.
7658; and
k) Cases of domestic violence against:

1) Women - which are acts of gender based violence that results, or are likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman's personhood,
integrity and freedom movement; and

2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.

SALIENT FEATURE OF 2 STATUTES

1. “DOMESTIC WORKERS ACT” or “BATAS KASAMBAHAY”(Republic act no. 10361)

The State adheres to internationally accepted working conditions for workers in general, and
establishes labor standards for Kasambahay in particular, towards decent employment and
income, enhanced coverage of social protection, respect for human rights and
strengthened social dialogue.
Covered:

1. General househelp
2. Yaya
3. Cook
4. Gardener
5. Laundry person
6. Any person who regularly performs domestic work in one household on occupation basis
Not covered:

1. Service providers
2. Family drivers
3. Children under foster family arrangement
4. Any other person who performs work occasionally or sporadically and not on
occupational basis

Rights of Kasambay:

1. Minimum wage
2. Other mandatory benefits
3. Freedom from employers’ interference in the disposal of wages
4. Coverage under SSS, PhilHealth and PagIBIG
5. Standard of treatment
6. Board, lodging and medical attendance
7. Right to privacy
8. Access to education and training
9. Right to form, join, or assist labor organization
10. Right to be provided a copy of employment contract
11. Right to certificate of employment
12. Right to terminate the employment
13. Right to exercise their own religious beliefs and cultural practices
Rights and Obligations of the Employer

1. To require submission by the Kasambahay of pre-employment documents

2. To recover deployment expenses
3. To demand replacement
4. To terminate employment
Unlawful Acts and Penalties

1. Employment of children below 15 years of age (Section 16, Batas Kasambahay)

2. Withholding of wages of the Kasambahay (Section 28)
3. Interference in the disposal of the wages of the Kasambahay (Section 27)
4. Requiring deposits for loss or damage (Section 14)
5. Placing the Kasambahay under debt bondage (Section 15)
6. Charging another household for temporarily performed tasks (Section 23)

2. EXPANDED SENIOR CITIZENS ACT OF 2010- RA 9994

Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the
Philippines, it is the declared policy of the State to promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full employment, a
rising standard of living and an improved quality of life. In the Declaration of Principles and
State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide
social justice in all phases of national development and that the State values the dignity of
every human person and guarantees full respect for human rights.
Objectives:

"(a) To recognize the rights of senior citizens to take their proper place in society and make it
a concern of the family, community, and government;

"(b) To give full support to the improvement of the total well-being of the elderly and their full
participation in society, considering that senior citizens are integral part of Philippine society;

Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years
old;
Privileges for the Senior Citizens:

"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax
(VAT), if applicable, on the sale of the following goods and services from all establishments,
for the exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal
vaccines, and such other essential medical supplies, accessories and equipment to be
determined by the Department of Health (DOH).

"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of
burden of discounts among retailers, manufacturers and distributors, taking into consideration
their respective margins;

"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities,
outpatient clinics and home health care services;

"(3) on the professional fees of licensed professional health providing home health care
services as endorsed by private hospitals or employed through home health care employment
agencies;

"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals,
medical facilities, outpatient clinics, and home health care services, in accordance with the
rules and regulations to be issued by the DOH, in coordination with the Philippine Health
Insurance Corporation (PhilHealth);

"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility
jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways,
including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);

"(6) in actual transportation fare for domestic air transport services and sea shipping vessels
and the like, based on the actual fare and advanced booking;

"(7) on the utilization of services in hotels and similar lodging establishments, restaurants and
recreation centers;

"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure
and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;

"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of
water and electricity supplied by the public utilities: Provided, That the individual meters for
the foregoing utilities are registered in the name of the senior citizen residing therein: Provided,
further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh)
of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege
is granted per household regardless of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited
to, x-rays, computerized tomography scans and blood tests, in all government facilities,
subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal
disease for indigent senior citizen patients;

"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary,
vocational and technical education, as well as short-term courses for retooling in both public
and private schools through provision of scholarships, grants, financial aids, subsides and other
incentives to qualified senior citizens, including support for books, learning materials, and
uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum
admission requirements;

"(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social Security System
(SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;

"(i) retirement benefits of retirees from both the government and the private sector shall be
regularly reviewed to ensure their continuing responsiveness and sustainability, and to the
extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed
by those in actual service;

"(j) to the extent possible, the government may grant special discounts in special programs for
senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the
purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture
(DA);

"(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and

"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given
to the nearest surviving relative of a deceased senior citizen which amount shall be subject to
adjustments due to inflation in accordance with the guidelines to be issued by the
DSWD.1avvphi1

In the availment of the privileges mentioned above, the senior citizen, or his/her duly
authorized representative, may submit as proof of his/her entitled thereto any of the following:

"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place
where the senior citizen resides: Provided, That the identification card issued by the particular
OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and

"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at
least sixty (60) years of age as further provided in the implementing rules and regulations.
REFLECTION VIDEO: DUMAGAT

In December 2012, local fisherfolks, farmers, and members of the Agta community were
threatened to leave their homes in Casiguran, Aurora to make way for the construction of the
Aurora Pacific Economic Zone and Freeport Authority (APECO). It aims to create a self-
sustaining industrial, commercial, financial, and recreational center, with a suitable residential
area, in order to create employment opportunities around Casiguran, and to effectively
encourage and attract legitimate and productive local and foreign investments.

The plan promised to provide a new home and a new way of life among the natives. However,
a small detail was left out: throughout the process, project managers failed to consult the
locals. Some parcels of land, once a source of livelihood for the farmers, were turned into a
residential area for APECO.

Parts of APECO’s land coverage are agricultural lands and ancestral lands of the Agta
Dumagat tribe. The inhabitants of the land who are the farmers, fisherfolks and the Agta
Dumagats would have to face the possibility of being evicted from what they call their home
and be deprived of their livelihood means. For the locals who will be affected, the possibility
of being evicted is more than just the issue of being displaced; they treat their lands as their
life The marchers know this is not the end of their APECO woes, but they also know they have
the strength to continue the fight.

THE INDIGENOUS PEOPLES’ RIGHT ACT OF 1997 (Republic Act No. 8371)

The Philippines recognizes the rights of indigenous cultural communities within the framework
of national unity and development. Ensure economic, social, and cultural well being in relation
to their rights to their ancestral land. Provide applicability of customary laws governing
property rights and relations. Preserve and develop their cultures, traditions, and institutions
and Consider their rights in the formulation of national plans and policies.
The Indigenous Cultural Communities/ Indigenous Peoples

-Homogenous societies
-Continuously lived as an organized community on communally bounded and defined
territory
-Claims of ownership since time immemorial
-Sharing common bonds of language, customs, traditions, and other distinctive cultural
traits
-Historically differentiated from the majority of Filipinos
-Those Filipinos who have retained some or all of their own social, economic, cultural,
and political institutions

Purpose:

– Correct historical injustice

– Enforce the mandate of the constitution
– Comply with international laws
4 Bundle of Rights:

1. Ancestral Domains and Lands

2. Social Justice and Human Rights
3. Self Governance and Empowerment
4. Cultural Integrity
5. Is it not the right of farmers to have ownership over the land they till? Is it not the right of
fisherfolk to have access to the seas? Is it not the right of indigenous peoples to provide
free and informed prior consent when it comes to the use of their land? And is it not the
right of the Filipino people to demand that our money be put toward projects that are
productive for all.