STATE RESPONSIBILITY:

 One of the effects of the non-inclusion of Human Rights Education in school curricula is that many people in the
government do not quite comprehend the concept of “State Responsibility”. Common clamor on human rights
is that “Pag rebelde and biktima, violation of human rights, pero pag pulis o sundalo ang pinatay, alright?”.
(Expound…)

STATE AS GUARANTOR OF HUMAN RIGHTS:

 ULTIMATE GOAL – To have an orderly society where there prevails a harmonious relationship between the ruler
and the persons ruled. The ruled must bow to the authority of the ruler, and the ruler must respect the inherent
rights and fundamental freedoms of its citizens.
 The STATE is not the giver of human rights, for these are inherent in all human beings (one of attributes of
Human rights).
 ROLE of the State: To see to it that members of society acknowledge its authority and that it governs the people
properly (SOCIAL/SOCIETAL ORDER).
 STATE RESPONSIBILITY: THE STATE must recognize that the people have rights and freedoms that are inherent in
them and cannot be taken away. – By this, the STATE’s recognition is the STATE’s duty to guarantee the
continued enjoyment by the people of their rights.
 As a guarantor of human rights (State Responsibility), the STATE may be held accountable when people are
deprived of their rights by its ACTION or INACTION. (Expound…)
 No such guarantee exists on the part of PRIVATE ENTITIES and CIVILIANS. Example:
 If a security guard at a shopping mall checks a customer’s bag upon entrance, the customer cannot
invoke the protection against warrantless and unreasonable searches, and sue the mall for violation of
his/her human rights for the guard’s actions.
 It does not mean, however, that private persons are exempt from liability for HR violations. THEY STILL
ARE, although not directly within the sphere of our existing human rights mechanisms, but under
criminal law.
 In People vs. Andre Marti, the SC ruled that the case assumes a peculiar character since the evidence
sought to be excluded was primarily discovered and obtained by a private person, acting in a private
capacity and without the intervention and participation of State Authorities. Under the circumstances,
accused cannot validly claim that his constitutional right against unreasonable searches and seizure has
been violated. An act of a private individual, allegedly in violation of accused’s constitutional rights,
cannot be invoked against the state because of the absence of governmental interference. The liberties
guaranteed by the Constitution cannot be invoked against the state.
 To ensure a peaceful and orderly society (ULTIMATE GOAL), the State may regulate and limit certain activities of
its people. By virtue of the POLICE POWER, Congress may pass laws to uphold and promote human rights as well
as set parameters within which these rights can be enjoyed.
 The state promotes the respect for human rights, and the members of the society acknowledge that the
enjoyment of certain rights is subject to the State’s prudent and reasonable exercise of Police Power.
 Example: OWNERSHIP – Right to ownership is not absolute – there are limitations which are imposed for
the benefit of humanity, and which are base on certain legal maxims:
 Legal maxim in Property Law: Sic utere tuo ut alienum non laedas – So use your own property as not to
injure another’s property. (Art. 431 of the Civil Code – The owner of a thing cannot make use thereof in
such manner as to injure the rights of a third person.
 Examples: One cannot blow his saxophone in the middle of the night because it would unduly
disturb the rights of others to a peaceful sleep.
  If Juan owns a house on an isolated farm, he can burn said house, but if she owns one in the city
proper, in a busy district where there are many houses, she cannot burn the house in view of
the possible harm to others.
 Salus populi est suprema lex – The welfare of the people is the supreme law of the land.
 Example: Abatement of nuisances (chicken coup within a barangay)
 to destroy a house so that fire would not spread;
 to require workers in food establishment to secure clearances from the city or municipal health
office;
 to remove billboards which are offensive to sight;
 to require a person to secure permits or clearances before operating a business;
