CHAPTER | FUNDAMENTAL PRINCIPLES AND CONCEPTS IN HUMAN RIGHTS 1.0. Human Rights Defined The Philippine Supreme Court recognizes the fact that the definition of human rights remains inconclusive.' Nevertheless, it agrees that “human rights seems to closely identify the term to the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.”? As such, it may be argued that the term human right is a broad concept that its scope “can be understood to include those that relate to an individual’s social, economic, cultural, political and civil relations.”? However, the basic definition of human rights is that these refer to “those rights which pertain to all persons and are possessed by every individual because they are human.” Otherwise stated, human rights are those rights which a person is entitled by reason of him being a part of the human family. Accordingly, human rights are inherent rights and are not conferred by any authority. In addition, human rights may be defined in the context of present-day understanding as those rights which human beings cannot live with dignity, freedom, and justice in any nation or state regardless of color, place, birth, ethnicity, race, religion, or sex or any such considerations. This concept is reflected in the Philippine Constitution 'Brigido Simon, Jr, Carlos Quimpo, Carlito Abelardo and Generoso Ocampo v. Commision on Human Rights, Roque Fermo and Others as John Does, G.R. No. 100150, January 5, 1994, 2d. Id. ‘Kumar, Arun Palia (1995) National Human Rights Commission of India. New Delhi: Atlantic Publishers and Distributors, p. 10.Rriiydt 1] Ore) 0 “Heidi M. Hurd, Soverei ruary 15, 2008, ¢ New York Times “Chavez v. Caie CHAPTER II CONSTITUTIONAL AND STATUTORY GUARANTEES ON HUMAN RIGHTS The right to be silent In Ebr. students w ag v. The Division Superintendent of School 0 refused to salute the fla These students who are also members of re expelled from the school. hovah’s Witnesses argued them from doing so. In striking the expulsion as invalid, then Justice Isagani Cruz spoke through his concurring opinion that the freedom of expression includes with it the right to be silent. He said that to compel these students to salute to the flag “when their religion bids them to be silent” is to “deny them of the right not to speak.” that their religious beliefs prohibit Protections granted to speeches, expression, and the press There are two basic protections accorded to speeches, expressions, and the press. First is the freedom from censorship, and second is the freedom from subsequent punishment. Freedom from censorship. The-right of every citizen to freely express his thoughts or the liberty of the press to publish or air news or opinions cannot be generally subjected to government permission before it can be expressed. This can be done through regulations disguised as rules or laws, but in truth and in fact targeted towards the infringement of the free exercise of the right. For instance, the government cannot impose a regulation on the right of a private citizen to post election propaganda within his own property or it can prohibit the release of an election survey result 15 days prior to the conduct of election.” The censorship imposed by the Government may further be classified into content-based and content-neutral restraint. Content based dwells into the prohibition of speeches on account of their subject matters. Content-neutral, on the other hand, restraints speeches with respect to the place, time, and manner of their delivery. It is essential that the government censorship be further classified into these in order for the Court to determine the scope of a permissible governmental intervention, hence to rule out which one is valid and which is not. Freedom from subsequent punishment. The liberty of a person to air his opinion on matters which involve the public cannot be im- 70, March 1, 1993. “oncurring Opinion, Justice Isagani Cruz. ~ 38 The Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015. “social Weather Stations v. COMELEC, G.R. No. 147571, May 5, 2001(AN RIGHTS LAW AND JURISPRUDEN Cp PHILIPPINE sunishment after delivering such Speech od by his fear of F ero z suc | pe n will be hesitant in ¢ xpressing his views or Pinion then, oTson W 1 his § wise, a pet i euarantee to freedom of speech as uselesg a "S@ng would leave Hus 6° 4.04. Right to Assembly It is the right of every person to peaceably assemble and petit, e rig ion se sevens redress of Wrong. ae means a Tight gy the part of citizens I sably oon consultation in Tespect fg public affairs. Petition means that any person or group of Persong cay apply, without fear of penalty, to the appropriate branch or Office o¢ the government for a redress of grievances. The persons assembling 8 ‘i as and petitioning must, of course, assume responsibility for the charges made.” This right is a necessary consequence of the Philippines as « and a complement of the freedom of expression# republican sta A person’s right to assembly may be denied, grounds The Tight to peaceably assemble and to petition the government for the redress of wrong can be regulated by the State. This can be denied on the ground of “clear and present danger” to public ordet public safety, public convenience, public morals, or public health. 1.05. Right to Privacy in the Bill of Richy let alone, Although there is no specific provisid the Court Peru recognizing the existence of this T™ 4 Privacy tights in the ee aulihied the Constitutional foundation tight to ptivacy ae etl Case of Morfe v. Mutuc® holding that 1 ¥ @S such is accorded recognition independently of its identification w : ith liberty: in itself. 44 ¢ : nition protection,’ 'yrin itself, it is fully deserving of constitut? “Nachura, ¢ “United Stat Bay Payan v. Ermita, GR)20:21 < IMG _7629.HEIC CHAPTER IL CONSTITUTIONAL AND STATUTOR ARANTEES ON HUMAN RIC Constitutional guarante. privacy rights are scattered ir in communication and corre unreasonable searches €8 on privacy rights. Guarantees on the Bill of Rights: the right to pri pondence;” and the right and seizures * ‘ The right to privacy in communication and correspondence. 1 The Constitution guarantees that the right of every person to privac i in correspondence and communication shall at all times be inviolable ) Any evidence obtained in violation of this right shall not be admitted : in evidence against him in any proceeding for whatever purpose it may serve. The right against unreasonable searches and seizures. The 5 privacy of every citizen on his person, papers, house and effects shall not be subjected to unreasonable searches and seizures by any government agent. This can be done through a search warrant Requisites of a valid search warrant. The Constitution sets out the requisites for a valid warrant which will justify the search over a person's body, house, papers and effects: (1) it must be issued upon “probable cause”; (2) probable cause must be determined personally by the judge; (3) such judge must examine under oath or affirmation the complainant and the witnesses he may produce; and (4) the warrant must particularly describe the place to be searched and the persons or things to be seized.” Instances where the search is valid even without a warrant. There are, however, established exceptions to the requirement of a warrant in order to consider the search as valid: (1) a “warrantless search incidental to a lawful arrest,"® (2) search of “evidence in plain view,” (3) “search of a moving vehicle,” (4) “consented warrantless search[es],” (5) “customs search,” (6) “stop and frisk,” and (7) search under “exigent and emergency circumstances." 1.06. Religious Liberty enshrined under Section 5, The right to religious freedom is well~ er See Article III of the Constitution which thus provides that 2002. People v, Francisco, G.R, No. 129035, August 22, Veridiano v. People, No. 200370, June 7, 201 oes Cogaed, 740 Phil. 212, 228 (2014) [Per J Leons Third Division], citingTS LAW AND JURISPRUDENCE PHILIPPINE HUMAN RIGH ; acting an establishment of religion on Ero as the fre be made ot Th » free exercise and enjoyment of religious Profession gan discrimination or preference, shall forever be st shall be required for the exercise of Civil oy exercise there and worship, without allowed. No religious te political rights.” In essence, there are two guarantees contained in this pica First, the non-establishment of religious clause. Second, the freedom of vorship (free exercise clause religious profession and worship (fre ) Non-establishment clause. This crystallizes the principle of separation of church and state. The State is proscribed to intervene into the affairs of the church, and vice versa. In such a case, the former is not allowed to allocate public funds which tend to favor one religious sect. Freedom of religious profession and worship. This guarantee is further composed of right to believe and right to act on one’s belief, The former is absolute while the latter may [be] subjected to legitimate state intervention when necessary to protect the rights of others and in the interest of public welfare.* 1.07. The Right to Travel and Residence The freedom to travel and to abode refers to the liberty of every person to move and establish his residence from one place to another. The liberty of movement can be limited by the government through a law in the interest of national security, public safety, or public health or by court order. Likewise, the right to abode or residence may also Be limited but should be done through a lawful order of the court. _ Courts may limit the right to travel of a person even if noton the basis of national Security, public safety, or public health. The right to travel of a Person accused of a crime may be prevented by the court t0 vi i zr ee He Philippine jurisdiction, even if there is NO threat Sie | security, public safety, or public health. This is for the court to aunts i see Processes against the accused as well as to preserve é ly ad munustration of justice® as well as to “preserve and mainta? Ss of its jurisdiction over the case and over the person the effectivene: the accused,"e y Tr Ir e CHAPTER II CONST ON STATUTORY GUARANTEES ON HUMAN RI 21 TONAL AND § 3HTS a Even if the person is released on bail, the Court can still deny him of his right to move out of the Philippines, especially if there is a positive determination that such accused is a flight risk Administrative agencies cannot arbitrarily impose limitations on the person’s right to travel. The Constitution is very clear. the riet to travel may be limited through court order. However, this does not mean that executive agencies cannot regulate the same. It may do so only when there is a sufficient ground based on “national security, public safety or public health” and “as may be provided by law. 1.08, The Right to Information Every person has the right to information on matters of public concern, 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.” This right, however, is not absolute. This may be limited-by the Philippine Congress through a valid law. The people has the right to inspect official information on on-going negotiations before a final agreement; exceptions. The public's right to access information covers official information on ongoing negotiations even before the consummation of an agreement. A “consummated contract is not a requirement for the exercise of the right to information. Otherwise, the people can never exercise the right if no contract is consummated, and if one is consummated, it may be too late for the public to expose its defects.” Otherwise, it will place the people on the sideline keeping them in the dark, thereby effectively preventing them from participating in a public discussion. However, not all government information may be accessed by the public. Those which are classified as privileged under the separation of powers, military and diplomatic secrets, information affecting national security and information on investigations of crimes by law enforcers are removed outside of the ambit of this right.” Id., Manotoc, Jr. v, Court of Appeals, et al., No. 62100, May 30, 1986, 5éilverio v. Court of Appeals, G.R. No. 94284, April 8, 1991. ®7Section 7, Article Il, Cons ON. SiChavez v. PEA and AMARI, G.R. No. 133250, July 9, 2002 ‘ 5 ; i ‘ember 9, 1998; Almonte y. Vasquez, GR.ee MAN RIGHTS LAW AND JURISPRUDENCE PHILIPPINE Ht 1,09. Freedom to Associate ublic or private employment, have the a persons, be it in p’ All persons, be 11" | ded that itis not contrary to} 4ssociation so provic et to join or form an@ Note that the right is not absolute. This cannot be invoked jn cases w here the organization to be formed, joined in or affiliated with is for he purpose of committing subversive activities against the 80vernment Such is not for a lawful purpose." The right to associate includes the right not to associate, Ih Victoriano v. Elizalde Rope Worker Union,“ an employee was dismissed on the basis of him not joining the labor union in violation of the union security clausebeing observed in the company. The dismissed employee invoked that his religious belief proscribes him from joining any association. In ruling in favor of the dismissed employee, the Supreme Court enunciated the principle that the employee's right to join an association includes with it the right to disassociate or disaffiliate.® 1.10. Right to Free Access to the Courts and Free Legal Assistance Itis a right by all Filipinos that they shall have free access to courts as well as to quasi-judicial agencies, and that right shall not be denied by reason of their inability to pay necessary fees.** ___ Right to access to justice, explained. The right to access to justice basically refers to the right of a person to “formally appear in court, 3 This means that he shall be given the opportunity to present his ¢a8 before a judicial body with the end in view of seeking redress for any injuries he sustained or causes of action he rightfully have. There are many capacity to en ny *SPeCtS of access to justice, one of which i ¥ orto eso access the court at any time and that no economic standat “posed on him for the exercise of such right. a sia! 8; Article I, Constitution, People v. Ferrer, GR} ; ae Nos, L-82613-14, Deosmber 27,1972 5246, September | 0 Volkschel 2, 1974 I Labor Union v, ures os 1-45 See « June 19, 1985ht = e In od mn y 1e Nn 6. se y 1€ rd ae e CHAPTER II 3 INSTITUTIONAL AND STATUTORY GUARANTEES ON HUMAN RIGHTS : Just because a litigant is poor should not be a hindrance for him to bring his case to the court considering that judici (ie, court docket and lawyer’s fees), al litig ion entails cost Pauper litigant, explained. A pauper litigant in the Philippine context basically refers to one who “has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.” However, this concept was elaborated more to refer to one whose gross income and that of his immediate family does not exceed an amount double the monthly minimum wage of an employee and who do not own real property with a fair market value as stated in the current tax declaration of more than P300,000.00, In sucha case, the person is exempted from paying court fees and is also entitled to secure free services of public lawyers. 1.11. Right against Involuntary Servitude No person shall be subjected to compulsory labor imposed against his own free will. However, this is not an absolute prohibition, as involuntary servitude may be imposed against a person as a punishment after he was validly convicted. Slavery, defined. Slavery is the “condition of an individual who works for another individual against his or her will as a result of force, coercion, or imprisonment, regardless of whether the individual is paid for the labor.” This takes many forms such as, forced marriages (or mail to order brides), trafficking in persons, debt bondage, among others. 1.12. Right against Excessive Fines and Cruel, Degrading, or Inhu- man Punishment No punishments in the form of excessive fines, and cruel, degrading, and inhuman punishment shall be inflicted against any person, even if he has been convicted by the court affording him of trial. A penalty is excessive if itis clearly disproportionate or too severe to be obnoxious to the Constitution. It must be “flagrantly for a penalty on 18, Article IIL, ConstitutionRiera Z| rece, yan ND JURISPRUDEN MAN RIGHTS LAW AND JUI ppINE HUMAD PHILIPPIN holly disproportionate to the nature ‘wholly pressive,” ense of the community.” sens hock the mora! OF the and plainly o offense as to § I Ity. The phraseology of the 1987 eae with Death penalty. alty clearly leads tow ard its al oli on. lowever f respect to the death pee is not altogether proscribed to reinstate this the Congress, in the a earl power is not without limit. The legislative f penalty.” Such nee noel punishment under compat hedy.can ony eee crimes as it may determine. Consequently, r reasons in cases 0! o hall be strictly construed against the for this penalty sl any law imposing ate.” 1.13, The Right to Health It is settled that the right to health is a component of a a right to life” As such, the state is ordered to protect and promote the right to health of the people and instill health consciousness among them.” To realize this, it is-further mandated to adopt an nee and comprehensive approach to health development,* ore nabs maintain an effective food and drug regulatory eee Bo. appropriate health, manpower development, and research, ree to the country’s health needs and problems,* and protect od cts.” from trade malpractices and from substandard or hazardous produ The Constitutional treated as self-executin Center Emy made | guarantee on peoples’ right to healt 8 Provisions, In the 2007 case of Tondo Cau ; ployees Assaciation v, Court of Appeals,* the Supe eee 4 pronouncement that the rights contained in Section 15 of e ir nC tople v Estoista, GR No, 1 5793, August 27, 1953, f death : sate tteUEh the Court's Majority opinion leans toward the trea ae Penalty snot crue degrading wt inhuman punishment, the opinion ee Sonatston ware i8 Worth considering. Ie this, he opined that a teading of the whole oF whi : ano nly Yield a conetnsins that there exists a right against death penalty Ty u I enoftshoot ofthe sR mbracing tight ofa pers to life (See Resolution, EcheBt® : § coat of Justice GR. No. 13260] January 19, 1999). Echegaray y. Se, vt ¥ Secretary of justice, GR No. 132601, January 19, 1999. 2 meant Oh aR No. 204819, april 8, 2914 e 70n 15, Artic fe TL Constitution “Section 11, "cle XI, Constitution, Secon * Article XI Cong itution.6° &) rece, yan CHAPTER Il 25 CONSTITUTIONAL AND STATUTORY GUARANTEES ON HUMAN RIGHTS If of the Constitution are not self-executi ng. This means that they are not judicially enforceable constitutional 2 guidelines for legislation. hts and can only provide However, this was in effect abandoned in the 2014 case of Im v. Ochoa” where there was an express holding by the Court that this provision shall now be considered self-ex ratiocination in the 2011 case of Gamboa v, Finan uting following the e Secretary,™ thus: “Hence, unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the constitution are self-executing. If the constitutional provisions are treated as requiring legislation instead of self-executing, the legislature would have the power to ignore and practically nullify the mandate of the fundamental law. This can be cataclysmic. Thatis why the prevailing view is, as it has alwaysbeen, that .. in ease‘of doubt, the Constitution should be considered self-executing rather than non-self-executing. . .. Unless the contrary is clearly intended, the provisionsofthe Constitution should be considered self-executing, as a contrary rule would give the legislature discretion to determine when, or whether, they shall be effective. These provisions would be subordinated to the will of the lawmaking body, which could make them entirely meaningless by simply refusing to pass the needed implementing statute.” 1.14. The Right to Environment All persons shall have the right to a balanced and healthful ecology." This right carries with it the correlative duty to refrain from impairing the environment” Such a right considers the “rhythm and harmony of nature.”* Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas, and GR. No. 204819, April 8, 2014. GR. No. 176579, June 28, 2011. "Section 16, Article Il, Constitution. }441 20:26 Co IMG_7633.HEIC PINE HUMAN RIGHTS LAW AND JURISPRUDENCE “ PHILIPPIN . ? to the end that their exploration, devel sral resources ae accessible to the present as well other nat and utilization be equitably lopmeny 45 future generations.“ The right to a balanced and healthful eonrey a a differen, category of right from those found ee the Philippine Bit g Rights. The right to a balanced and healthful ecology belongs to , different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation — the advancement of which may even be said to predate all governments and constitutions, “As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. If they are now explicitly mentioned in the fundamental charter, itisbecause of the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself, thereby highlighting their continuingimportance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second, the day would not be too far when’ all else would be lost not only for the present generation, but also for those to come — generations which stand to inherit nothing but parched earth incapable of sustaining life.”* Violations of the right to environment are actionable wrong. In its present form as phrased under Section 16 of Article II of the Constitution, the right to a balanced and healthful ecology is justiciable This is a self-executing provision which the court may readily act upon without the need of an enabling law coming from the Congress.” 1.15. Rights of the Accused The Constitution safeguards the foll Pee accused of a crime: rj al due gation lowing rights of a Proce right tobe fore reper innocent right imi against him; right “ se meng he nature and cause of the accy it seat Mim right to speedy impartial, and public tia Hight ® Processes to soe “gainst him; and right to have compl! a evidence in his wiukenione of witnesses and the productio® Mid.IMemrRxta]-1(6 Ment, Uture erent ill of 5 toa ‘than Which Titten ion of iental ss the dated their zation vould resent nd to rong, of the ‘jable. upon erson al due sation sht to am a CHAPTER a CONSTITUTIONAL AND STATUTORY GUARANTEESON HUMAN RIGHTS Right to be presumed innocent; doctrine of in dubio pro reo. Any person accused of a crime enjoys the constitutional right to be presumed innocent. As a consequence, the state with its ove rwhelming resources carries with it the onus of proving his guilt beyond reasonab doubt. The accused, in turn, carries no burden of proof on his or her shoulders." . Furthermore, as a product of this constitutional right, the State employs the principle of in dubio pro reo. That is, when in doubt as to guilt of the accused, it shall be ruled in his favor thereby acquittal is in order.” Right to criminal due process. This right has the following components: (i) The accused has been heard in a court of competent jurisdiction; (ii) The accused is proceeded against under the orderly processes of law; (iii) The accused has been given notice and the opportunity to be heard; and (iv) The judgment rendered was within the authority of a constitutional law.” The touchstone of the right to due process in criminal cases is to afford the accused of his day in court. As such, the accused must be given the opportunity to present his witnesses and evidence as well as to secure legal processes to produce these, to confront the witnesses presented against him and to try his case speedily before an impartial tribunal.”! 41.16. Rights of a Person during Custodial Investigation Custodial investigation commences as soon as the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that tends itself to eliciting incriminating statements that the rule begins to operate = At this precise moment, the person taken into castody for questioning shall be afforded the right to be informed of his right to remain silentand tohavecompetent and independentcounsel preferably People v. Wagas, GR. No. 157943, September 4, 20 ; ®Peaple v. Temporada, GR. No. 173473, December 17, 2008 (Separate Concurring Opinion of Justice Corona). A : ; R. Nos. 1-56741-42, April 15, 1988. No. 134732, May 29, 200221GHTS LAW AND JURISPRUDENCY >pINE HUMAN RIGHT PHILIPPINE Hi have the right again noice He shall also have the right ag; a tortuzg force noice. r 4 yxther means whic t of his own ¢ : timidation, or any other m \ Vitiates tk violence, threat, intit tention places, solitary, incomunic secret de' tad, or and against free will and ag ds lar forms of detention other simi The Miranda Right n under custodial investigation shall be given his Mirand, ErsOrt U > > ny ' ais oa ists of: the right to remain silent; the right to competen ght. This comsists € by a nendent counsel; and the right to be informed of such righty, pe : and inde} These rights can only be waived through writing and signed by the person waiving his right in the presence of his counsel. Otherwise, any confession, admission, or evidence obtained in v tolation of the Miranda right shall be excluded in ev idence against the person. Right to remain silent. The suspect shall haye the right not to respond toany statements given by the law enforcers. Such shall notbe interpreted as his admission of guilt.” Right to counsel. A person suspect for the commission of ce shall be given the right to secure the services of an independent 7 competent counsel. In case he does not have the capacity to engage! ‘ services of a lawyer, he shall be given by the State for the purpose © protecting his right during investigation” ; ‘ Bigs , ee Right to be informed of his Miranda rights. A person'2 under custodial investigation to be informed of the right to a silent and to counsel “contemplates the transmission of meaning tation in‘ormation rather than just the ceremonial and perfunctory recital of an abstract constitutional principle.”* Right against torture of a Person under custodial investigation No torture or other mei Son under custodial inve: infliction of violent bod interrogation or examin a ans Which vitiate the free will of the ie stigation shall be used. Torture refer" bg ily pain upon a person in connection W? ation of the person.”” —— as elt Article Il, C ‘Onstitution = ), Article HE Constitution. Section 12(1), Articlefotce the 1, cy randa etent ghits, ed by rwise, of the not to not be crime t and ge the ose of right smain ngful tation CHAPTER IT CONSTITUTIONAL AND STATUTORY GUARANTEES ON #1 In the Philippines, the following acts are considered as ‘ and are punishable by law: les tons Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority ee upon another in his/her custody that causes severe pain, exhaustion disability or dysfunction of one or more p. fe rts of the body, such as: (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory alertness or will of a person; and (14) Other analogous acts of physical torture. Mental/Psychological Torture refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person’s dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/ her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged (6) Preparing a prisoner for a “show trial,” public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) a member/s of a person's family; (8) Causing the torture the person's family, relatives of any third 10) Shame infliction. such as stripping interrogation; Maltreating sessions to be witnessed by party; (9) Denial of sleep/rest; (44) 20:28 rae CM X Ae de 30 PHILIPPINE HUMAN > pe’ aked, parading him/her in public places, shaving eee a putting marks on his/her body against his/ her will (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/ psychological torture 1.17. Right to Education The Constitution recognizes the right of every citizen to quality education. In response, it mandates the State to protect and Promote this right at all levels and to make education accessible to all!™ in or- der to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. However, it is also clear that the Constitution merely secures free public elementary and high school education. Nevertheless, it enjoins State to establish adequate and relevant education, scholarship grants and loan programs, out-of-school study programs, and adult education. The principle of academic freedom Academic freedom receives a constitutional recognition under Section 5(2), Article XIV, Jurisprudence has two treatment with respect to this. First, in Miriam College Foundation 2 Court of Appeals, this was viewed by the Supreme Court from the side of the academic institution which was held to mean as the freedom of the school to freedom to determine whom to admit, the right to determine whom to exclude or expel, as well as to impose lesser Sanctions such as suspension.! Second, in Camacho v. Coresis,” this was seen from hot ren Pot the members of the academe as the “freedom of the teact View pom h worker in higher institutions of learning to investgr ester seta problems of his science and to express his conchasieng on Seuss the publication or in the instruction of students, without int Sie mCL ey political or ecclesiastical authority, or from hes nitcatteine ae “Tative officials 19\Section 1, Article XIV, Constitution. ction 17, Article II, Constitution. 1Section 2, Article XIV, Constitution. 104d.ee : CHAPTER I CONSTITUTIONAL AND STATUTC *RY GUARANTEES ON HUMAN RIGHTS 31 of the institution in which he is employed, unless his methods are found by qualified bodies of his o' rt n profession to be completely incompetent or contrary to professional ethics,”1% Eo - 1.18. Labor Rights The Constitution provides that labor shall have the following rights: right to full. employment and equality of employment opportunities for all; right to self-organization, collective bargaining and negotiations, and peaceful concerted activities; right to security of tenure, humane conditions of work, and a living wage; right to participate in policy and decision-making processes affecting their rights and benefits; and just share in the fruits of production. The right to security of tenure Security of tenure is a constitutionally-guaranteed right. Employ- ay not be terminated from their regular employment except for just or authorized causes under the Labor Code and other pertinent laws.” This is an act of social justice. When a person has no prop- is erty, his job may possibly be his only possession or means of livelihood. Therefore, he should be protected against any arbitrary deprivation of his job. This right also applies to the civil service, or those who are employees of the government. Section 2(3), Article IX-B of the Constitution is explicit that “no officer or employee of the civil service shall be removed or suspended except for cause provided by law.” Right to self-organization This refers to the right to join, form, or assist labor organization This is not limited to unionism since workers may also form or join an association for mutual aid and protection and for other legitimate pur- poses.” A labor organization is defined as “any union or anos of tive employees which exists in whole or in part for the purpose of collec 10814, citing Frank Lovejoy, Encyclopedia of Social Science, P 384. LGN ER et al. v. De Guzman, et al., G-R. No.1 84517, October 8, 2013.J iS UDI E PHILIPPINE g ICE bargaining or of dealing with employers concerning the terms ang conditions of employment.”** Right of equality of employment opportunities for all; the princi iple of equal pay for equal work This proscribes discrimination in all incidents of employment, from engagement or hiring, terms and conditions of works, until ter- mination. Employment opportunities shall be equal regardless of sex, race, or creed." The principle of equal pay for equal work. Persons who work with substantially equal qualifications, skill, effort, and responsibility, under similar conditions, should be paid similar salaries." For instance, the Supreme Court declared as discriminatory the school’s policy of giving higher pay to foreign teachers than to their Filipino counterparts even if they both perform the same job. Right to strike Workers have the right toa pe strike. A strike is “any temporary action of employees as a resu It is the most powerful wea management in the course employment. Be aceful concerted activities including Stoppage of work by the concerted It of an industrial or labor dispute. pon. of workers in their struggle with of setting their terms ecause it is premised on the between labor and management, it is a Weapon that can either breathe life to or destroy the union and its members, and one that must also necessarily affect management and its members, us mus and conditions of concept of economic war Right to a living wage It is the right of every worker to Teceive such wa, Ze decent standard of living. This should be in line with co 0; should be afforded a quality and dignity of life 8 to ensure a al that they 112 Article 218(g), Labor Code of the Philippines he In re ofVd. 6 d 5 CHAPTER I TORY GUARANTEES ON HUMAN RIGHTS JTIONAL AND STAT 1.19. Right to Adequate Housing It is the duty of the S| ri c ng program of d the state to undertake a continuir a TO} housing which will make available a affoi i Informal settlers shall not be evicted nor th in accordance with law lable cost decent housing. ‘ ir houses removed, except ana in a just and humane manner, Their resettlements shall be made upon adequate consultation with them and with the communities where they will be relocated. 1.20. Women’s Rights It is a declared policy that the State shall recognize the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men Gender equality; right of women against discrimination The Constitution proscribes any formis of discrimination against women by recognizing their fundamental role in the development of tion. In Philippine Telegraph and Telephone Co. v. National Labor Rel Commission,” it was held that a company policy of not hiring married women runs contrary to the principle of gender equality. This is a form of discrimination against women where such policy was not justified by bona fide occupa ional qualification. The right to choose marriage as part of a woman’s personal liberty and privacy The decision to marry and to whom are two of the mostimportant choices that a woman can make in her life. In the words of the US Supreme Court in Obergefel!® “[nlo union is more profound than for it embodies the highest ideals of love, fidelity, devotion, | union, two people become The State has no business sanction any undue burden marriage, sacrifice, and family, In forming a marita something greater than once they were.” interfering with this choice. Neither can it of the right to make these choices N7Gection 9, Article XII, Constitution.34 PHILIPPINE HUMAN RIGHTS LAW AND JURISPRUDENCE 1.21. Children’s Rights Every child has the right to free public basic education, as wel, as the right to assistance, including proper care and nutrition, and spe- cial protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.” Ofte eo cony: and 1