Table of contents

Foreword.................................................................................................................................... 3

SECTION I

YOUR HUMAN RIGHTS!

Under the Constitution, and in times of emergency.................................................................. 4-5

In any situation, you do not lose your basic rights................................................................... 6

Other rights that are considered inalienable and inviolable...................................................... 6

In all criminal prosecutions, your rights are............................................................................. 7-8

What to do...

If your house or office is searched............................................................................................ 8-9

If you are intercepted at a stop-and-frisk operation................................................................. 10-11

If you are stopped at a checkpoint........................................................................................... 11-12

If you believe that you will be salvaged.................................................................................. 12-13

If you are being arrested.......................................................................................................... 13-14

If you have already been arrested............................................................................................ 15-17

If you already under detention................................................................................................. 18-19

SECTION II

DEFEND DIGNITY. KNOW AND ASSERT YOUR RIGHTS.

Bill of Rights, Article III of the 1987 Philippine Constitution............................................... 20-21

There are rights that are considered inalienable and inviolable.............................................. 21-22

What to do

If you are being arrested......................................................................................................... 22-23

If you have already been arrested........................................................................................... 24-27

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If you are under custodial investigation.................................................................................. 27-28

If you are a pauper or indigent............................................................................................... 28-29

If you are already in detention................................................................................................ 30-31

If your house or office is searched…………………………………………………………. 32-33

If you are stopped at a checkpoint........................................................................................... 34-35

If your freedom of assembly and petition for redress of grievances is curtailed.................... 35

If violated, you may seek redress and remedy including compensation and rehabilitation.... 36-41

If there is armed conflict in your area

If there is armed conflict situation in your area....................................................................... 42-43

If you happen to meet a military patrol or members of Non-State Armed Group (NSAG).... 43-44

If you are being arrested by military or apprehended by members of NSAG.......................... 44

If there is presence of military or members of NSAG in your area/community...................... 44

If you are wounded, sick and shipwrecked............................................................................... 45

If you are neutral person or entity and medical personnel........................................................ 45

If you know Children Involved in an Armed Conflict (CIAC)................................................. 45

If you are an Internally Displaced Person (IDP)..................................................................... 45-46

References

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FOREWORD

H uman rights emanate from each person’s dignity. Consequently, human rights are
inherent to every human being. Furthermore, human dignity is much more than human
rights. Human rights develop and evolve express more explicitly one’s human dignity
as found and placed in different phases of life and in various circumstances and contexts of one’s
humanity.

From the historic launch of the Universal Declaration on Human Rights (UDHR) on December
10, 1948, and later the institutionalization of the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR), new human rights instruments defined the particularities of the dignity of women,
children, indigenous peoples, migrants and their families, and persons with disabilities. And this
dignity, among others, has a right to life, freedom from torture and not suffer from enforced
disappearance.

The Philippine Alliance of Human Rights Advocates (PAHRA) has produced this booklet to help
persons assert their own and others’ human rights in some specific, if not difficult,
circumstances.

PAHRA would like to express its gratitude to the Free Legal Assistance Group (FLAG) for
permitting us to reproduce and publish their Your Human Rights!

FLAG’s Primer is reprinted in full as SECTION I. SECTION II deals with two new laws-
Republic Act (RA) No. 9745, The Anti-Torture Law and RA No. 9851, Crimes Against
International Humanitarian Law, as well as other elaborations discussed in Section I and other
relevant topics for areas affected by armed conflict.

This booklet is published with the financial assistance of the United States Agency for
International Development (USAID) through The Asia Foundation.

PAHRA, while drawing from authoritative sources, takes sole responsibility for the texts
contained herein and in no way expresses the official views of USAID and The Asia Foundation.

Max M. de Mesa
Chairperson
Philippine Alliance of Human Rights Advocates (PAHRA)

August 25, 2010

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SECTION I

YOUR HUMAN RIGHTS

(FLAG is publishing its most recently updated Primer entitled "Your Human Rights." This was
first produced and disseminated during Martial Law. It was updated during the declaration by
Ms. Gloria M. Arroyo of a State of Rebellion in 2001; considering Proclamation No. 1017, it is
appropriate that this primer be as widely disseminated as possible.)

UNDER THE CONSTITUTION, AND IN TIMES OF EMERGENCY THE PRESIDENT

MAY RESORT TO ANY OF THESE EMERGENCY POWERS –

The President, whenever it becomes necessary, may call out the armed forces to prevent or
suppress lawless violence, invasion, or rebellion.

Congress need not concur for the call out to be effective. It is important to remember that
while the implementation of the President's decision to call out the armed forces is subject to
judicial review, the courts will rarely, if ever, invalidate the factual findings of the President's
decision.

Justice Kapunan in his dissent in Lacson v Perez said that a declaration of a "state of
rebellion" only gives notice to the nation that it exists and that the armed forces may be
called to prevent or suppress it. Such declaration does not justify any deviation from the
constitutional proscription against unreasonable searches and seizures. FLAG believes the
calling out of the armed forces and the declaration of a "state of rebellion" do not—and can
never—authorize the suspension of any of your constitutional rights.

In case of invasion or rebellion, and only when the public safety requires it, the President may
suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof
under martial but:

The President must submit a report to Congress within 48 hours from such suspension or
declaration;

Congress, voting as one body, may revoke the suspension or shorten the period;

The President must respect the decision of Congress.

a) The existence of an actual rebellion or invasion is not in itself a ground to suspend the
privilege of the writ of habeas corpus or to declare martial law unless the public safety
requires it.

b) Congress may also extend the suspension or declaration upon the initiative of the
President if the invasion or rebellion persists and the public safety requires it.

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 c) If Congress is not in session when the suspension or declaration is made, it shall convene
in 24 hours without need for call.

d) The suspension of the privilege of the writ of habeas corpus or martial law shall last for a
period not exceeding 60 days unless extended by Congress upon the initiative of the
President. Congress cannot extend its duration if the President does not make the
initiative.

e) The suspension applies only to persons charged in court (not just in the fiscal's or
prosecutor's office) for rebellion or offenses inherent in or directly connected with
invasion. If the person arrested or detained is not charged in court within 3 days of his/her
arrest, s/he must be immediately released.

f) The declaration of martial law does not carry with it the automatic suspension of the
privilege of the writ of habeas corpus, does not suspend the operation of the Constitution,
supplant civilian courts, authorize the military to exercise jurisdiction over civilians, or
give the President the power to legislate.

g) The Supreme Court may review the sufficiency of the factual basis of the suspension or
declaration upon petition of any citizen, who need not be a taxpayer. The Supreme Court
may entertain the petition even during the first 60 days of the suspension or declaration,
and must decide the case within 30 days from filing.

In times of national emergency, the President may temporarily take over or direct the
operation of any privately owned public utility or business affected with public interest.

a) A national emergency refers to a situation where there is a threat of external aggression

or calamities or natural disasters, including military or economic dislocations. Labor
strikes do not constitute a national emergency unless the strikes are of such proportion
that they would paralyze government service.

b) The take-over may only be done during the emergency and under reasonable terms. Only
the operations of any privately owned business utility or business affected with public
interest may be taken over. The transfer of ownership of such business is not required.
The owner of any business taken over shall be properly compensated, when prejudiced by
the take-over. The owner cannot prevent the take-over during the period of emergency
but may contest it later.

c) The President may not resort to sequestration by virtue of the state of emergency.

The President may, in the interest of national welfare or defense, establish and operate vital
industries. Upon payment of just compensation, the government may also transfer to public
ownership utilities and other enterprises to be operated by it.

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The President may exercise powers authorized or delegated by Congress.

a) The powers that may be authorized by Congress do not include the power to legislate.
The areas over which Congress may delegate to the President certain authority must be
limited to meet the exigency of the emergency and nothing more.

b) The powers that may be authorized by Congress must cease upon withdrawal by, or next
adjournment of, Congress. Hence, the exercise of such powers is not coextensive with the
existence of the emergency.

IN ANY SITUATION, YOU DO NOT LOSE YOUR BASIC RIGHTS, SUCH AS—

The right to life;

The right not to be tortured, nor subjected to cruel, Inhuman or degrading treatment or
punishment;

The right not to be subjected to forced labor;

The right not to be imprisoned for non-payment of debt;

The right not to be punished for an act which was not yet a crime at the time of its
commission;

The right to be recognized and treated as a person; and

The right to freedom of thought, conscience and religion.

These rights are absolute. Under no condition can their fulfillment or enjoyment be suspended.
This is true even when martial, law or any other state of public emergency has been declared.

These are non-derogable rights under the International Covenant on Civil and Political Rights to
which the Philippine Government is a Party.

There are other rights that are considered inalienable and inviolable, such as—

The right not to have your house searched without a search warrant issued by a Judge and not
to have anything seized which is not specified in the search warrant. However, if you are
legally arrested, your person and immediate surroundings may be searched for dangerous
weapons, and any evidence found on your person or immediate vicinity (only on your person
and immediate vicinity) which may have been used to commit the crime for which you are
being arrested may be seized.

The right to liberty and security of person. You can be deprived of liberty only on grounds
and procedures established by the Constitution and existing law.

6

The right not to be arrested except on evidence that a crime has been committed and that you
probably committed it. You may be arrested only on the strength of a warrant of arrest issued
by a Judge, except:

1. When you have committed, are actually committing, or are attempting to commit an
offense in the presence of the arresting officer;

2. When an offense has just been committed and the arresting officer has probable cause
to believe, based on personal knowledge of facts and circumstances, that you
committed the offense;

3. When you have escaped from prison or detention or while being transferred from one
confinement to another.

The legality of your arrest must be determined in an inquest proceeding conducted by a

civilian prosecutor. The prosecutor, in a summary proceeding, can:

1. Order your release (this may or may not be subject to a full-blown preliminary
investigation);

2. Affirm the legality of your arrest, and prepare the corresponding complaint or
information with the trial court.

3. Often the inquest prosecutor will ask the person arrested if s/he desires a preliminary
investigation; in which case s/he will be asked to sign a waiver. Do not sign the
waiver without being duly informed of the nature and consequences of signing it.
Signing the waiver may—and often does—mean that you are going to remain in
detention, pending a preliminary investigation. It may also mean that you are waiving
your right to file cases against those who arrested you.

While under arrest or detention, if you are questioned or investigated by the police or
military, you have the following rights:

1. To be informed of your right to remain silent and other constitutional rights;

2. To have competent and independent counsel preferably of your own choice; and

3. To be provided with counsel if you cannot afford one.

In all criminal prosecutions, you have the following rights:

1. Not to be compelled to testify against yourself;

2. To remain silent and to counsel;

3. To be informed of the nature and cause of the accusation against you;

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 4. To have a speedy, public and impartial trial;

5. To appeal any conviction;

6. To be presumed innocent until the contrary is proven;

7. To be present and heard by yourself and counsel;

8. To avail of court processes to secure the compulsory attendance of witnesses and the
presentation of evidence in your defense; and

9. To meet the witnesses face-to-face and to cross-examine them.

10. The right to a preliminary investigation.

11. The right against double jeopardy.

12. Before conviction, the right to bail except for capital offenses when evidence of guilt
is strong.

13. The right to be treated with humanity and with respect for your personal dignity.

14. The right to liberty of abode and the right to travel.

IF YOUR HOUSE OR OFFICE IS SEARCHED

Your house or office cannot be searched without a warrant duly issued by a Judge. When a
valid search warrant is issued, the searching party can only seize those things that are
particularly described in the search warrant, unless you consent, or the articles are contraband
in plain view. However, if you are arrested, your person and immediate surroundings may be
searched for dangerous weapons and evidence that you committed the crime for which you
are being arrested; any evidence which may be found on your person or immediate vicinity
can be seized.

A search warrant is valid if:

a) It is signed by the Judge;

b) It specifies one offense only;

c) It describes with particularity the exact location and/or address of the place to be
searched and lists down exactly what things are to be seized;

d) It is used within ten days from its issuance.

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A search warrant must be served during the daytime unless the affidavit supporting it asserts
that the property is on the person or in the place ordered to be searched, in which case the
warrant must specifically direct that it can be served at any time of the day or night.

If the warrant is invalid, the search and seizure is unlawful. Any evidence obtained as a result
of an unlawful search and seizure cannot be used as evidence in any proceeding. You may
peacefully refuse, without liability, an unlawful search and seizure. You may also file
criminal, civil or disciplinary action cases against the officer serving an unlawful warrant.

Where there is no search warrant, do not voluntarily submit yourself to a search. Object
immediately. Do not agree to be searched but do not physically resist. A warrantless search
without your express, prior and voluntary consent is illegal.

During a search:

Before allowing your home or office to be searched, ask for and read the search warrant.
Examine it carefully to see if it:

a) states your address;

b) describes the items to be seized with particularity;

c) is signed by a civilian judge;

d) specifies only one offense; and

e) is being used within 10 days from its issuance.

Contact your lawyer by the most expedient means (telephone, text message) and inform
him/her that your home or office is about to be searched.

The search party has the right to break any outer or inner door or window to effect the search
if the search party is refused admittance to the place of the search after giving notice of the
purpose and authority for the search.

If it is a valid warrant, only then should you allow the search to be conducted. Upon allowing
the search party enter your premises, ask for their names, rank, and the office or unit to which
they belong. Get the name and rank of the commanding officer.

During the search, accompany the group conducting the search at all times. This lessens the
possibility of their planting documents, weapons or other materials in your home or office.

Remember: The search party is allowed to conduct the search only in the presence of the lawful
occupant or any member of his/her family. If no occupant or family member is present, the
search must be conducted in the presence of two witnesses of sufficient age and discretion who

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reside in the locality. This means that every room, compartment, section or portion of the place
cannot be searched unless the above witnesses are present.

If anything is taken from your home or office, the officer seizing the property must give you
a detailed receipt. Before signing the receipt—

a) Go over it carefully to ensure its accuracy in designation, description and quantity;

b) If there are blank spaces that might be used by unscrupulous police officers to "add"
items that were not actually found during the search, ask the officer to place a line across
the blank space;

c) Insist that you be given a copy of the receipt; if they agree, make sure that the copy
accurately reflects the original;

d) If there is anything in the receipt that tends or appears to be incriminating, tell the
searching party you are invoking your right to a lawyer and to remain silent and that you
refuse to sign anything without talking to your lawyer first.

You may be asked in sign an affidavit of orderly search. If the search was not conducted in
an orderly manner, do not sign the affidavit. Instead, register your objection. In any case,
read it very carefully and tell the police officers you want to consult your lawyer before you
sign anything.

IF YOU ARE INTERCEPTED AT A STOP-AND-FRISK OPERATION

The "stop" and the "frisk" are actually two separate acts.

The "stop" is employed by the police to investigate a suspicious individual. It involves

briefly detaining you for the limited purpose of determining if any further police action
should be taken against you.

The "frisk" is intended for the safety of the police officer. It involves an actual physical
invasion of your body for the limited purpose of determining if you are armed with a deadly
or dangerous weapon.

If the police officer has reasonable grounds to "stop" you for investigation, s/he does not
automatically have the right to "frisk" you. A "frisk" may only be done if the police officer
has good reason to believe that you are armed with a deadly or dangerous weapon.

The "stop" may provide the police officer with a valid ground to arrest you, if you have a
standing warrant of arrest or if there are valid grounds to effect a warrantless arrest. But if the
"stop" does not provide the police officer with the legal basis to arrest you, there is no reason
to believe that you are armed and the police officer must let you go.

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In upholding stop-and-frisk operations, the Philippine Supreme Court relied to a large
extent on the ruling of the United States Supreme Court in Terry v. Ohio. In that case, the
U. S. Supreme Court adopted the balancing of interests approach (e.g.,” balancing the need
to search against the invasion which the search entails”). The U.S. Supreme Court also
mandated a two-step process to determine the validity of the stop-and-frisk operation: (1)
was the "stop" justified? and (2) was the "frisk" limited in scope and intensity so as to
achieve its limited purpose? The Philippine Supreme Court, however, did not apply the
two-step process and a number of decisions are difficult to reconcile. This has opened the
door to abuse by unscrupulous law enforcement officers.

In a stop and frisk situation, remember:

a) The police officer may ask for your identity but s/he cannot require you to present your
identification papers;

b) The police officer may frisk you only if s/he has reasonable suspicion that you are armed.
The frisk should only involve patting down the outer shell of your clothing, but the police
officer cannot order you to take off your clothes to see if you have body marks or tattoos;
neither can the police officer open your bag or ask to see your wallet;

c) If, during the frisk, the police officer feels an object that could be a concealed weapon,
the officer may take it out to examine it. If it is a deadly or dangerous weapon, the officer
may seize it;

d) The police officer may seize any concealed weapon (gun, knife) found on you and charge
you.

If you believe that you are a target of police harassment, do not act belligerently. Instead, file
criminal, civil or disciplinary action cases against the erring police officer.

IF YOU ARE STOPPED AT A CHECKPOINT

Remember:

You need not step out of the vehicle nor open its trunk. The inspection must be limited to a
visual search. Neither the inside of the vehicle nor the occupants are subject to a search. Only
objects in plain view of the officers conducting the search are subject to seizure.

An extensive search is allowed only if the officers conducting the search have probable cause
to believe before the search that either the motorist is an offender or that they will find
evidence pertaining to the commission of a crime in the vehicle to be searched.

When ordered to step out of the vehicle or open its trunk, do not readily accede to the order.
Ask the officer or officers conducting the search for their names, their official positions, the
office or unit to which they belong and reason for the order. If you believe that the order is
unjustified, object firmly but peacefully to the order and state that you are not waiving any of

11
 your rights. Nonetheless, even if you fail to object, any evidence obtained as a result cannot
be used against you. Consent under intimidating or coercive circumstances is not consent
within the purview of the Constitution.

The right against unreasonable searches and seizures may be impliedly waived if you do not
object to the unreasonable search.

If you are being arrested because of any incriminating evidence found on your person or in
the vehicle, follow the advice in the succeeding section.

Checkpoints are allowed only under exceptional circumstances (in red alert situations where
the survival of organized government is on the balance or the lives and safety of the people
are in grave peril or when there is a need to arrest a criminal or fugitive from justice). When
the exceptional circumstances no longer exist, checkpoints are no longer allowed, and any
checkpoints established are illegal.

The area where checkpoints are established must be properly lighted. Clear and legible signs
must be exhibited to that searches are being conducted. . Enforcement officers must at all
times be in uniform with their identification cards and nametags on. The unit manning
checkpoints must always be led by an officer with the rank of lieutenant. If these standards
are not met, you may report all instances of non-compliance to the police and military
authorities for proper action.

IF YOU BELIEVE THAT YOU WILL BE ARRESTED OR SALVAGED

Take the following precautions:

Do not go out alone. The risk of disappearance and being salvaged increases because no one
witnesses or is willing to testify to the arrest of the person who disappeared/was salvaged.

Avoid going to places where no one knows you.

Do not stay at home or elsewhere alone.

Tell your family or friends of the possibility of your being arrested, and what to do in case
you are arrested. Tell them specifically whom to run to for help, how to get in touch with
them, and where to search for you.

Before going out, tell your family or friends where you are going, whom you will see, why,
how long you expect to be out, and what to do if you fail to return on time, or fail to reach
your destination, or keep your appointment. If you own a cell phone, send a text message to
yours friends or family informing them that you have reached your destination and are
proceeding to your next appointment.

When you go out, always carry adequate identification, and avoid carrying anything that
could be construed as incriminating.

12

In case you are being arrested, see to it that people know that you are being arrested and by
whom. If necessary, shout or make a scene to attract attention to your arrest. If you own a
cell phone, call or send a text message to your family, friends and lawyer to inform them that
you are being arrested.

Disappearances and salvaging can be prevented or minimized if your family, friends or even
bystanders will accompany or follow you and your arresting officers to learn where you are
being taken and to show concern over your safety. As soon as possible, they should notify a
lawyer or respected member of the community (a priest, teacher, doctor or civic leader) who,
in turn, should try to visit you immediately.

During detention, your family and friends should visit you as often as possible, and send
things to you (food, magazines, medicines, clothes, etc.) on days they cannot or are not
allowed to visit. Never agree to be taken out of jail or the detention center by anyone unless
accompanied by your lawyer or a member of your family.

Even if you have reliable information that there is a plan to arrest or salvage you, it is not
advisable to go into hiding. Instead, request your lawyer or other responsible person to
inquire if there is a warrant for your arrest, and if there is, to arrange for you to present
yourself to the proper authorities under adequate guarantees for your safety. Meanwhile,
prepare yourself by reviewing your rights and deciding what you will do if you are arrested
to protect your safety and enforce your rights.

IF YOU ARE BEING ARRESTED

Remember:

Stay calm. Being arrested is not the end of the world. Some apprehension is unavoidable; but
you can reduce this by concentrating on each event as it happens, and not letting your
imagination run wild about what will happen next.

Ask a relative, friend or even a stranger (get the name and address) to witness your arrest. If
you own a cellular phone, send a text message to your family, friends and lawyer informing
them that you are being arrested. You may also call your family, friends and lawyer so they
may listen in on your arrest.

Ask the person or persons arresting you for their names, their official positions, and the
office or unit they belong to.

Ask for a copy of their authority to arrest you and examine it carefully. Note particularly if
you are correctly named in the warrant of arrest, and the offense for which you are being
arrested.

If there is any defect in the warrant, register your objection to being arrested, but do not use
force.

13

If you are lawfully arrested, you may be searched for dangerous weapons or anything which
may be used as proof that you committed the crime for which you are being arrested.

Inquire from your arresting officer where you will be taken. Ask that you be accompanied by
the relative, friend or stranger who witnessed your arrest. Assure the arresting officers that
this is for their protection as well as yours.

Ask to be allowed to telephone your lawyer; if denied, ask your relative, friend or other
witness to your arrest, to do so. Inform your lawyer of your arrest, the identity of the
arresting officers, the cause of your arrest, and where you will be taken.

Do not, at any time, offer any physical resistance to the arrest. State that you object to your
arrest and are not waiving any of your rights, but are going peacefully in order to avoid
violence.

If the persons making the arrest are in civilian clothes, or refuse to give their names or show
any warrant of arrest, refuse to go with them. Ask them to let you call for a policeman to
verify their authority. Do not agree to being blindfolded. The law requires arresting officers
to be properly dressed, to behave properly and to respect your rights and your dignity. If the
arresting officers violate these requirements, do not cooperate, but do not use violence either.
Make them carry you out, shout for help, create a scene so that your neighbors and other
passers-by may notice what is happening. Remember all violations of your rights, and
complain about them at the first opportunity after your arrest, when you are presented to a
judge or fiscal.

If you are told that you are not being arrested but merely invited for questioning, reply that
you will consult your lawyer first. Do so, then get your lawyer to talk to the officers and
arrange a date, time and place for your questioning. If they do not allow you to consult your
lawyer, refuse to go along with them. If they insist, their acts become an arrest, and the
preceding advice applies.

The general rule is that you can only be arrested upon proper warrant of arrest issued by a
competent Court. However, there are three exceptions to this Rule:

a) When you have committed, are actually committing, or attempting to commit an offense
in the presence of the arresting officer;

b) When an offense has just been committed and the arresting officer has probable cause to
believe based on personal knowledge of facts and circumstances that you committed the
offense;

c) When you have escaped from prison or detention or while being transferred from one
confinement to another.

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REPEAT: REMAIN CALM. Concentrate on what is happening now. Do not imagine what will
happen next. Many of our fears are self-created. Above all, do not worry if you forget to do any
of the things listed above. They are counsels of perfection, not always attainable. As long as you
remain calm and collected, you will be able to protect your rights.

IF YOU HAVE ALREADY BEEN ARRESTED

These are your rights:

To remain silent and to be assisted by a competent and independent lawyer of your choice.

Not to be subjected to torture, manhandling, intimidation, deceit, promises of reward or

leniency of any means (drugs, hypnosis, etc.) that vitiate or weaken your free will.

To be brought for inquest as soon as possible, but not later than:

o 12 hours after arrest for a light offense

o 18 hours after arrest for a less grave offense

o 36 hours after arrest for a grave offense.

The legality of your arrest must be determined in an inquest proceeding conducted by a civilian
prosecutor. The prosecutor, in a summary proceeding, can

a) Order your release (this may or may not be subject to a full-blown investigation);

b) Affirm the legality of your arrest, and prepare the corresponding complaint or
information with the trial court. Very often the inquest prosecutor will ask the person
arrested if s/he desires a preliminary investigation; in which case s/he will be asked to
sign a waiver. Do not sign the waiver without being duly informed of the nature and
consequences of signing it. Signing the waiver may—and often does—mean that you are
going to remain in detention, pending a preliminary investigation. It may also mean that
you are waiving your right to file cases against those who arrested you.

If you are questioned or investigated by the police or military, you have the following rights,
among others:

To remain silent;

To have competent and independent counsel preferably of your own choice;

To be provided with counsel if you cannot afford one; and

To be informed of these rights, and to be told that anything you say may be used against you
in court.

15
In all criminal prosecutions, you have the following rights:

Not to be compelled to testify against yourself;

To remain silent and to counsel;

To be informed of the nature and causes of the accusation against you;

To have a speedy, public and impartial trial;

To appeal any conviction;

To be presumed innocent until the contrary is proved;

To be present and heard by yourself and counsel;

To avail of court processes to secure the compulsory attendance of witnesses and the
presentation of evidence in your defense; and

To meet the witnesses face-to-face and to cross-examine them.

When you are brought before the Judge, to make a formal complaint if you have been denied
counsel, forced to confess, or manhandled, tortured or intimidated.

To be released on reasonable bail, unless you are charged with a crime punishable by death
and the evidence of your guilt is strong.

o Release on bail does not bar you from challenging the validity of your arrest nor the
legality of the warrant of arrest, provided you raise these challenges before being
arraigned.

o All arresting, detaining, inviting or investigating officers and their companions must
follow and observe the following, procedures, guidelines and duties, at the time of your
arrest and again during your custodial investigation. These guidelines, procedures and
duties were laid down by the Supreme Court in People v. Mahinay (G.R. No.
122485,1 February 1999):

• You must be informed in a language known and understood by you of the reason for
your arrest, and you must be shown the warrant of arrest. All other warnings,
information or communication must be in a language known and understood by you.

• You must be warned that you have the right to remain silent and that any statement
you make may be used as evidence against you.

16
• You must be informed that you have the right to be assisted at all times and have the
presence of an independent and competent lawyer of your own choice.

• You must be informed that if you have no lawyer or you cannot afford the services of
a lawyer, one will be provided for you; and that a lawyer may also be engaged by any
person on your behalf, or may be appointed by the court upon a petition by you or by
one acting on your behalf.

• Whether or not you have a lawyer, you must be informed that no custodial
investigation in any form shall be conducted except in the presence of your lawyer or
unless you have validly waived any of your rights.

• You must be informed that you have the right, at any time, to communicate or confer
by the most expedient means (telephone, text message, radio, letter, or messenger)
with your lawyer, any member of your immediate family, any medical doctor, priest
or minister you choose or one chosen by your immediate family or lawyer; you must
also be informed that you have the right, at any time, to be visited by and confer with
duly accredited national or international non-governmental organizations.

• You must be informed that you have the right to waive any of your rights provided
you do so voluntarily, knowingly, intelligently and you understand the consequences
of your waiver.

• If you waive your right to a lawyer, you must be informed you must waive your right
in writing and in the presence of your lawyer, otherwise you must be warned that
your waiver is void even if you insist on your waiver and you choose to speak.

• You must be informed that you may indicate in any manner at any time or stage of
the process that you do not wish to be questioned and that once you make such
indication, you may not be interrogated, if the interrogation has not yet begun, or the
interrogation must cease if it has already begun.

• You must be informed that your initial waiver of your right to remain silent, your
right to counsel, or any of your rights, does not bar you from invoking yours rights at
any time during the process, regardless of whether you have answered some questions
or volunteered some statements.

• You must also be informed that any statement or evidence obtained in violation of
any of the above procedures or guidelines, whether inculpatory or exculpatory, in
whole or in part, is inadmissible in evidence.

1) A common practice of investigating officers is to present a person arrested

with a confession already drawn up and ready for signature, then to intimidate
the suspect into signing the statement without reading it. And since
uncounselled confessions have been disallowed under the Constitution, the
investigating officers now have lawyers who are ready to assist you during the

17
 confession, to make everything legal and valid. Remain firm, but respectful.
Insist that you would like to get your own lawyer, and ask for the opportunity
to get in touch with your lawyer. Since they now know that you know your
rights, the chances that you will be manhandled are reduced.

2) lf you have not been informed of your rights to remain silent and to have
competent and independent counsel of your choice, the arresting officer or
employee or the investigating officer who fails to inform you of your rights is
liable to suffer a fine or a penalty of imprisonment, or both. If the arresting
officer or employee or investigating officer has been previously convicted for
a similar offense, s/he shall suffer the penalty of perpetual absolute
disqualification.

3) If the arresting officer or employee or the investigating officer or anyone

acting upon their orders or in their place, fails to provide you with competent
and independent counsel if you cannot afford the services of your own
counsel, s/he is liable to suffer a fine or a penalty of imprisonment, or both. If
the arresting officer or employee or investigating officer has been previously
convicted for a similar offense, s/he shall suffer the penalty of perpetual
absolute disqualification.

4) Whoever obstructs, prevents or prohibits your lawyer, any member of your

family, any medical doctor or religious minister, from visiting and conferring
privately with you, or from examining and treating you, or from ministering to
your spiritual needs, at any hour of the day, or, in urgent cases, of the night, is
liable to suffer the penalty of imprisonment and a fine.

IF YOU ALREADY ARE UNDER DETENTION

Your rights are:

To be treated as a human being.

To due process, which comprises the rights:

o To be informed of the written regulations governing the detention center;

o Not to be punished for any act except in accordance with those regulations;

o To be subjected to only such punishment for breaches of discipline as are the least
restrictive means to maintain order and security in the detention center;

o Not to be subjected to corporal punishment, confinement in a dark cell or total

isolation (bartolina).

To receive visits from your family, friends and lawyers.

18

To practice your religion.

To adequate food and, if you desire, to procure food from outside, through the administration
of the detention center or through family and friends.

To wear your own clothing unless you have none, in which case the detention administration
shall supply it, but such clothing must be different from that supplied to convicts.

To healthful accommodations, with sufficient light and ventilation, and adequate sanitary and
bathing facilities.

To a separate bed with sufficient bedding.

To at least one hour's daily outdoor exercise.

To competent medical and dental service, and to be treated by your own doctor or dentist if
there is reasonable need for it and you or your family or friends will pay for it.

To be furnished with or to procure reading and writing materials.

To be kept separate from convicts serving sentence.

To a speedy, impartial and public trial.

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SECTION II

DEFEND DIGNITY. KNOW AND ASSERT YOUR RIGHTS.1

The human person is the foundation and purpose of the political community. This means in the
first place that this community works to recognize and respect human dignity by promoting and
defending fundamental and inalienable human rights. Security operations are also governed by
this principle.

The conduct of police and military operations e.g. arrest, search and seizure, investigation and
detention are governed by laws and, set of rules and procedures. In any of these circumstances,
these are your rights, under Article III of the 1987 Philippine Constitution, to wit:

1. No person shall be deprived of life, liberty, or property without due process of law. All
persons shall enjoy equal protection of the law (Section 1).

2. All persons have the right to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures. No search warrant or warrant of arrest shall be issued
except upon probable cause (Section 2).

3. Any person under investigation shall have the right to be informed of her/his rights to remain
silent and to have competent and independent counsel preferably of her/his own choice. If the
person cannot afford the services of counsel, s/he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel. (Section 12.1).

4. There should be no torture, force, violence, threat, intimidation, or any other means which
vitiate the free will. Secret detention places, solitary, incommunicado, or other similar forms
of detention are prohibited (Section 12.2) and any confession or admission obtained through
these shall be in inadmissible in evidence against her/him. (Section 12.3).

5. No person shall be held to answer for a criminal offense without due process of law (Section
14.1).

The Philippine Constitution even adds the more stringent requirement that the waiver must be in
writing and made in the presence of counsel. Section 12, Article III of the Constitution reads:

Sec. 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.

1
These are supplemental views to the FLAG's Your Human Rights! in Chapter I. The salient points of Anti-Torture
Act of 2009 (RA 9745) and Philippine Act on Crimes Against International Humanitarian Law or IHL Law (RA
9851) are included herein.

20
 (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.

There are other rights that are considered inalienable and inviolable, such as--

Not to have your house searched without a search warrant issued by a Judge, and not to
have anything seized which is not specified in the search warrant. However, if you are
legally arrested, your person and immediate surroundings may be searched for dangerous
weapons, and any evidence found on your person or immediate vicinity (only on your
person and immediate vicinity) which may have been used to commit the crime for which
you are being arrested may be seized.

To be informed of what you are being arrested for, and upon demand, to be shown a
warrant of arrest and to be allowed to read and examine it.

While under arrest, if you are questioned or investigated by the police and military, you
have the following rights:

In Miranda v. Arizona, 384 U.S. 436 (1966), so-called The Miranda Doctrine, which is the
immediate jurisprudential antecedent of above quoted Section 12, the United States Supreme
Court said that the following constitutional requirements must be observed in custodial
investigations:

1. The person in custody must be informed at the outset in clear and unequivocal terms that
s/he has right to remain silent;

2. After being so informed, s/he must be told that anything s/he says can and will be used
against her/him in a Court of law;

3. S/he must be clearly informed that s/he has the right to consult with a lawyer and to have
the lawyer with her/him during the interrogation. S/he does not have to ask for a lawyer.
The investigators should tell her/him that s/he has the right to counsel at that point;

4. S/he should be told that not only has s/he the right to consult with a lawyer but also that if
s/he is indigent, a lawyer will be appointed to represent her/him;

5. Even if the person consents to answer questions without the assistance of a counsel, the
moment s/he asks for a counsel at any point in the investigation, the interrogation must

21
 cease until an attorney is present; and

6. If the foregoing protections and warnings are not demonstrated during the trial to have
been observed by the prosecution, no evidence obtained as a result of the interrogation
can be used against her/him.

“Prior to any questioning, the person must be warned that he has a right to remain silent, that
any statement he does make may be used as evidence against him, and that he has the right to
the presence of an attorney, either retained or appointed. The defendant may waive the
effectuation of those rights provided the waiver is made voluntarily, knowingly and
intelligently. If, however, he indicates in any manner at any stage in the process that he
wishes to consult with an attorney before speaking, there can be no questioning. Likewise, if
the individual is alone and indicates in any manner that he does not wish to be interrogated,
the police may not question him.” (People v. Decierdo, G.R. No. 46956, May 7, 1987)

What to do.....

If you are being arrested

Basic requirements of police operations that you should know.

The general rule in the conduct of police operations should be:

a. Police officers in complete police uniform with ID and name plate;

b. Led by a Commissioned Officer;
c. On-board or using marked Philippine National Police (PNP) vehicle.

The use of warning shot of police officers is strictly prohibited as this will pose danger to life
and property especially in crowded areas. They will instead use any peaceful means including
use of whistles and megaphones, or any similar means to influence, warn the offenders or
suspects to stop and/or peacefully surrender to authority.

Police officers are prohibited from firing at moving vehicles, excessive use of force and use of
deadly weapons unless the suspect poses imminent danger of causing death or serious physical
injury to other persons or the police officers.2

Ask the person or persons arresting you for their names, their official positions and the
office or unit they belong to.

If you are being arrested with a warrant....

Ask for a copy of their authority to arrest you and examine it carefully. Note particularly if
you are correctly named in the warrant of arrest, and the offense for which you are being
arrested.

2 Police Operational Procedures and provisions of the Rules on Criminal Procedure.

22

An arrest may be made at any day or any time of day by virtue of a warrant of arrest, issued
by the Court.

Note: The following are the requisites of a valid warrant:

1. it must be issued upon determination of probable cause;

2. probable cause must be determined personally by a Judge;
3. such Judge must examine under oath or affirmation the complainant and the witnesses
may produce; and
4. warrant must particularly describe the person to be arrested.

If there is any defect in the warrant, register your objection to being arrested, but do not use
force.

If you are lawfully arrested, you may be searched for dangerous weapons or anything which
may be used as proof that you committed the crime for which you are being arrested.

Inquire from your arresting officer where you will be brought. Ask that you be accompanied
by the relative, friend or stranger who witnessed your arrest. Assure the arresting officers
that this is for their protection as well as yours.

Ask to be allowed to make a phone call to your lawyer; if denied, ask your relative, friend or
other persons to witness to your arrest, to do so. Inform your lawyer of your arrest, the
identity of the arresting officers, the cause of your arrest, and where you will be taken.

Do not, at any time, offer any physical resistance to your arrest. State that you object to your
arrest and are not waiving any of your rights, but are going peacefully in order to avoid
violence.

If the persons making the arrest are in civilian clothes, or refuse to give their names or show
any warrant of arrest, refuse to go with them. Ask them to let you call for a police officer to
verify their authority. Do not agree to being blindfolded. The law requires arresting officers
to be in their official uniform when making an arrest. If the arresting officers violate these
requirements, do not cooperate, but do not use violence either. Make them carry you out,
shout for help, create a scene so that your neighbors and other passersby may notice what is
happening. Remember all violations of your rights, and complain about them at the first
opportunity after your arrest, when you are presented to a Judge or Prosecutor (Fiscal).

If you are told that you are not being arrested but merely invited for questioning, reply that
you will consult your lawyer first. Do so, then get your lawyer to talk to the officers and
arrange a date, time and place for questioning. If they do not allow you to consult your
lawyer, refuse to go along with them. If they insist, their acts become an arrest, and the
preceding section applies.

The general rule is a valid arrest is one carried out on the strength of a warrant issued by a

23
 Judge.

When arrest without a warrant may be validly made:

a) when a person has committed, is actually committing, or is attempting to commit an

offense in the presence of the arresting officer;

b) when an offense has in fact just been committed, and the arresting person/authority has
personal knowledge of facts indicating that the person to be arrested has committed it;

c) when the person to be arrested is a prisoner who has escaped from penal establishment or
place where s/he is serving final judgment or temporarily confined while her/his case is
pending, or has escaped being transferred from one confinement to another; and

d) when making an arrest without a warrant, the officer shall inform the person to be
arrested of her/his authority and the cause of the arrest, unless the person to be arrested is
then engaged in the commission of an offense, or is pursued immediately after its
commission or after an escape, or flees or forcibly resists before the arresting officer has
opportunity so to inform her/his, or when the giving of such information will imperil the
arrest.

In the case of Umil v. Ramos (187 SCRA 311), the Supreme Court ruled that a suspected rebel
can be arrested without warrant on mere suspicion of the arresting police officer. The ruling
considers rebellion as a “continuing offense”.

Persons subjected to arrest without a warrant are not without legal remedies. Such persons may
demand for preliminary investigation under Rule 122 of the Rules of the Court, where they may
produce evidence in their defense, or submit themselves to inquest proceedings to determine
whether or not they should remain in custody and be charged in court. Further, a person subject
of arrest without a warrant must be delivered to the proper judicial authorities within 36 hours
after arrest for a grave offense such as rebellion.

If you have already been arrested

These are your rights:

If you are arrested, the arresting officer has the responsibility to ensure that your rights are
protected and respected.3

To be informed by the arresting officer the reason for the arrest in a language known to you.

To require the arresting officer to show you the warrant of arrest.

3 Republic Act (RA) No. 7438 or An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as Duties of the Arresting, Detaining and Investigation Officers and RA No. 9745 or An Act
Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties
Therefore.

24

To remain silent and that any statement you might make could be used for or against you in
any Court of the law and that you have the right to be assisted by a competent and
independent lawyer of your own choice in any interrogation, and that the arresting officer
should ask you if you understand those rights.

To communicate with your lawyer or your immediate family. It is the responsibility of the
arresting officer to see to it that these are accomplished.

Not to be subjected to torture, force, violence, threat, intimidation, or any other means
which vitiate your free will. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited and any confession or admission obtained through
these shall be inadmissible evidence against her/him.

To be subjected immediately after your arrest, you should be subjected to a physical

examination by a medico-legal officer or, in the absence of such medico-legal officer, by
any government physician in the area. Prior to your release or any change of custody, you
should also be physically examined.

As a general rule, bail is a matter of right.

The right to bail, however, is not absolute, it may be denied if (1) the accused is charged with an
offense punishable by reclusion perpetua, and (2) the evidence against her/him is strong as
determined by the Judge.

In addition, the right to bail is not impaired even when the privilege of the writ of habeas corpus
is suspended. Article III, Section 13 of the Constitution likewise prohibits the requirement of
excessive bail.

Release on bail does not bar you from challenging the validity of your arrest or the legality of the
warrant of arrest, provided you raise these challenges before being arraigned.

All arresting, detaining, inviting or investigating officers and their companions must follow and
observe the following procedures, guidelines and duties, at the time of your arrest and again
during your custodial investigation. These guidelines, procedures and duties were laid down by
the Supreme Court in People v. Mahinay (G.R. No. 122485, 1 February 1999):

a. You must be informed in a language known and understood by you of the reason for your
arrest, and you must be shown the warrant of arrest. All other warnings, information or
communication must be in a language known and understood by you.

b. You must be warned that you have the right to remain silent and that any statement you
make may be used as evidence against you.

c. You must be informed that you have the right to be assisted at all times and have the
presence of an independent and competent lawyer of your own choice.

25
 d. You must be informed that if you have no lawyer or you cannot afford the services of a
lawyer, one will be provided for you; and that a lawyer may also be engaged by any
person on your behalf, or may be appointed by the court upon a petition by you or by one
act on your behalf.

e. Whether or not you have a lawyer, you must be informed that no custodial investigation
in any form shall be conducted except in the presence of your lawyer or unless you have
validly waived any of your rights.

f. You must be informed that you have the right, at any time, to communicate or confer by
the most expedient means (telephone, text message, radio, letter, or messenger) with your
lawyer, any member of your immediate family, any medical doctor, priest or minister you
choose or one chosen by your immediate family or lawyer; you must also be informed
that you have the right, at any time, to be visited by and confer with duly accredited
national or international non-governmental organizations.4

g. You must be informed that you have the right to waive any of your rights provided you
do so voluntarily, knowingly, intelligently and you understand the consequences of your
waiver.

h. If you waive your right to a lawyer, you must be informed you must waive your right in
writing and in the presence of your lawyer, otherwise you must be warned that your
waiver is void even if you insist on your waiver and you choose to speak.

i. You must be informed that you may indicate in any manner at any time or stage of the
process that you do not wish to be questioned and that once you make such indication,
you may not be interrogated, if the interrogation has not yet begun, or the interrogation
must cease if it has already begun.

j. You must be informed that your initial waiver of your right to remain silent, your right to
counsel, or any of your rights, does not bar you from invoking yours rights at any time
during the process, regardless of whether you have answered some questions or
volunteered some statements.

k. You must also be informed that any statement or evidence obtained in violation of any of
the above procedures or guidelines, whether inculpatory or exculpatory, in whole or in
part, is inadmissible in evidence.

Sometimes, there are investigating officers who present a person arrested with a confession
already drawn up and ready for signature, then to intimidate the suspect into signing the
statement without reading it. And since uncounseled confessions have been disallowed under the
Constitution, the investigating officers now have lawyers who are ready to assist you during the
confession, to make everything legal and valid. Remain firm, but respectful. Insist that you

4 United Nations Standard Minimum Rules for the Treatment of Prisoners and Philippine National Police,
Human Rights Affairs Office, A Citizen's Primer on Law Enforcement.

26
would like to get your own lawyer, and ask for the opportunity to get in touch with your lawyer.
Since they now know that you know your rights, the chances that you will be manhandled are
reduced.

If you have not been informed of your rights to remain silent and to have competent and
independent counsel of your choice, the arresting officer or employee or the investigating
officer who fails to inform you of your rights is liable to suffer a fine or a penalty of
imprisonment, or both. If the arresting officer or employee or investigating officer has
been previously convicted for a similar offense, s/he shall suffer the penalty of perpetual
absolute disqualification.

If the arresting officer or employee or the investigating officer or anyone acting upon
their orders or in their place, fails to provide you with competent and independent
counsel if you cannot afford the services of your own counsel, s/he is liable to suffer a
fine or a penalty of imprisonment, or both. If the arresting officer or employee or
investigating officer has been previously convicted for a similar offense, s/he shall suffer
the penalty of perpetual absolute disqualification.

Whoever obstructs, prevents or prohibits your lawyer, any member of your family, any
medical doctor or religious minister, from visiting and conferring privately with you, or
from examining and treating you, or from ministering to your spiritual needs, at any hour
of the day, or, in urgent cases, of the night, is liable to suffer the penalty of imprisonment
and a fine.

If you are under custodial investigation5...

You are under custodial investigation if you are arrested and taken into police custody and
interrogated for a crime. Custodial investigation also includes any questioning or probe of a
person “invited” by a law enforcement officer in connection with an offense s/he is suspected to
have committed in accordance with RA No. 7438.

Your rights if you are under custodial investigation...

During custodial investigation you have the right to be assisted by counsel of your choice at
all times and the arresting officer or investigator has the responsibility to ensure that this is
provided.

The arresting officer or investigator, as the case maybe, has the duty to inform you of the
following rights, in a language known to and understood by you:

1. That you have the right to remain silent;

2. That if you waive your rights to remain silent, anything you say can be used for or against
you in court;
3. That you have the right to counsel of your own choice;

5 RA No. 7438 or An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation
as well as Duties of the Arresting, Detaining and Investigation Officers.

27
 4. That if you cannot afford one, you shall be provided with an independent and competent
counsel; and
5. That you have the right to be informed of these rights.

Should you opt to give a sworn statement, the arresting officer or investigator must reduce it
in writing. S/he must also ensure that before you sign or place your thumb mark (if you
cannot read or write) the sworn statement shall be read and adequately explained to you by
the counsel of your choice, or by the assisting counsel provided to you, in the language or
dialect known to you.

During custodial investigation the arresting officer or investigator has the duty to allow you
to be visited by or have conference with any member of your immediate family, any medical
doctor, priest or religious minister chosen by you or by your immediate family or by your
counsel, or by any non-government organization (NGO), or by any international NGO, your
spouse, fiancé, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece and guardian or ward.

If you have been arrested and taken into custody based on a warrantless arrest, you will be
undergoing inquest proceedings to be conducted by a public prosecutor (called as inquest
prosecutor) for the purpose of determining whether or not the warrantless arrest is valid.

Should you opt for a preliminary investigation or refuse to execute the required waiver, the
investigator proceeds with the inquest by submitting you before the inquest prosecutor, along
with the sworn statements or affidavits of the complainant, and her/his witnesses if any, and
other supporting evidence.

Your presence is required during the inquest proceedings, except if: you are in the hospital,
detained in a place under maximum security, if your presence will involve maximum security
risk or if your presence is not feasible by reason of age, health, sex, and other similar factors.

The inquest proceedings commence when the inquest prosecutor receives from law
enforcement authorities the affidavit of arrest, statements of the complainants, affidavits of
the witnesses, if any, and other supporting evidence gathered by law enforcement authorities
in the course of their investigation of the criminal incident wherein you were involved.
During the inquest, the inquest prosecutor, to the extent possible, should have the documents
submitted to be subscribed and sworn before her/him by the arresting officer, complainants
and affiants.

If you are already arrested, you have right to counsel...

The right to counsel6 is granted to a person accused of committing an offense because s/he is not
likely to be knowledgeable of the law and court procedures. Without such right, s/he faces the
danger of being convicted without a proper charge, without competent evidence, and without
observance of her/his rights under the law.

6 Section 11, Article III, Bill of Rights, 1987 Philippine Constitution.

28
If you appear without a lawyer, you must be informed by the Court that it is your right to have an
attorney before being arraigned, and must be asked if you desire the aid of a lawyer. If you desire
but are unable to employ a lawyer, the Court must assign a counsel de officio to defend you.

You may request, directly or through another, any lawyer to visit and confer with you privately
at the jail or another place of custody at any time of the day, or in urgent cases, of the night.

If you are a pauper or indigent....you have the right of access to the courts

It is a constitutional as well as a statutory right given to a person that entitles her/him to seek
remedy for redress of grievances from the courts or quasi-judicial bodies. Section 11, Article III:
Bill of Rights provides that free access to the courts coupled with adequate legal assistance shall
not be denied to any person by reason of her/his poverty.

RA No. 6033 (An Act Requiring Courts to Give Preference to Criminal Cases where the Party or
Parties Involve Are Indigents) provides that the hearing and/or disposition of criminal cases
involving an indigent either as the offended party or the accused shall be given preference by all
courts.

An indigent litigant “shall include anyone who has no visible means of income or whose income
is insufficient for his family as determined by the Court under Section 2” of RA No. 6033.

RA No. 6034 (An Act Providing Transportation and Other Allowances for Indigent Litigants)
provides that any litigant may, upon motion, ask the Court for adequate travel allowance to
enable her/him and her/his indigent witnesses to attend the hearing of a criminal case
commenced by her/his complaint or filed against her/him.

Under RA No. 6035 (An Act Requiring Stenographers to Give Free Transcript of Notes to
Indigent and Low Income Litigants and Providing a Penalty for the Violation Thereof), an
indigent litigant or low income litigant, her/his counsel or a duly authorized representative may
ask for a free certified transcript of notes upon written request to a court stenographer who has
officially taken notes on the proceedings before an investigating Fiscal or trial Judge or hearing
commissioner of any quasi-judicial body or administrative tribunal.

Acar v Rosal, 19 SCRA 625 illustrates how the Supreme Court construes, in accordance with the
constitutional right of free access to the courts, the provision in the Rules of Court granting
pauper litigant exemption from payment of docket fees.

Remember before you are admitted for detention

There are requirements that must be submitted by the arresting unit to the Chief of the Detention
or Custodial Center:

a. Request for custody of the arresting unit and a valid commitment order from the court of
which the details shall have been previously entered in the register;
b. Proof of your medical examination or medical certificate to be provided by the arresting

29
 unit requesting for custody;
c. Detainee’s case folder; and
d. Proof that you were informed of your constitutional rights as provided under RA 7438
prior to your detention.

If you are already in detention...your rights are:

Under no circumstances should you as an arrested suspect under custodial investigation be held
in the detention center beyond the prescribed reglementary period unless, while in custody,
appropriate charges have been filed and commitment order has been issued by the Court
concerned.

You have the rights comprises of…

To due process of law, which

1. Visitation rights7

While on detention, you will be allowed, under necessary supervision, to communicate

with your family, any members of your immediate family or friends, or any medical
doctor or priest or religious minister chosen by you or by your immediate family or by
your counsel, or by any NGO or by any international NGO, at regular intervals, both by
correspondence and by receiving visits.

Visiting family members must present public and/or pertinent documents to prove their
relationship with you. Visitors wearing the color of the detainee’s uniform will be
advised to wear another color. Cameras, video equipment, cellular phones and similar
devices are not allowed inside the visiting area.

Your counsel has the right to visit you at any date and any time of the day subject to
existing security rules and regulations of the detention/custodial center.

2. To be informed of the written regulations governing the detention center;

3. To be subjected to only such punishment for breaches of discipline as are the least
restrictive means to maintain safe custody and order in the detention center;

4. Not to be subjected to corporal punishment, confinement in a dark cell or total isolation

or “bartolina”, and other cruel or inhuman treatment or punishment.8

*The Bureau of Jail Management and Penology (BJMP) has issued Administrative Disciplinary
Machinery (2003) to penalize employees for “maltreatment and abuse of any prisoner under

7 United Nations Standard Minimum Rules for the Treatment of Prisoners and Philippine National Police, Human
Rights Affairs Office, A Citizen's Primer on Law Enforcement.
8 RA No. 9745 or An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
and Prescribing Penalties Therefore.

30
one's custody” as well as for efforts to harass, intimidate, coerce, or unduly influence a
complainant or any her/his vital witnesses into withdrawing her/his complaint or retracting
her/his own sworn statement.

a. To be segregated as a detainee taking into account your sex, age, criminal record, the
legal reason for your detention and the necessities of your treatment.

b. Men and women detainees shall be detained in separate facilities; in an institution

which received both men and women the whole of the premises allocated to women
shall be entirely separate; and women prisoners shall be attended and supervised
only by women jail officers. This does not, however, preclude male members of the
prison staff, particularly doctors and teachers, from carrying out their professional
duties in institutions or parts of institutions set aside for women.

c. Untried prisoners shall be kept separate from convicted prisoners.

d. Persons imprisoned for civil offences shall be kept separate from persons imprisoned
by reason of a criminal offence.

e. Children in conflict with the law (CICL) and children in detention shall not be
detained in the company of adults.9

5. To practice and satisfy the needs of your religious life by attending the services provided
in the detention facility.

6. To retention of your property. All money, valuables, clothing and other effects belonging
to you under the regulations of the institution you are not allowed to retain shall on your
admission to the institution be placed in safe custody. An inventory thereof shall be
signed by the prisoner. Steps shall be taken to keep them in good condition.

On the release of the prisoner all such articles and money shall be returned to him except
in so far as he has been authorized to spend money or send any such property out of the
institution or it has been found necessary on hygienic grounds to destroy any article of
clothing. The prisoner shall sign a receipt for the articles and money returned to him.

7. To adequate food and, if you desire, to procure food from outside, through the
administration of the detention center or through family and friends.

8. To wear your own clothing unless you have none, in which case, the detention
administration shall provide it, but such clothing must be different from that supplied to
convicts and shall in no manner be degrading or humiliating.

9. To healthful accommodations, with sufficient light and ventilation, and adequate sanitary
and bathing facilities.

9 RA 9344 or Juvenile Justice and Welfare Act.

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 10. To a separate bed with sufficient bedding.

11. To at least one hour of suitable exercise in the open air daily if the weather permits.

12. Not to be compelled to work unless you wish to.

13. To qualified medical and dental officer, and to be treated by your own doctor or dentist if
there is reasonable need for it and you or your family or friends will pay for it.

14. To be furnished with or to procure both recreational and instructional books and
materials.

15. Notifications of death, illness, transfer etc. Upon the death or serious illness of, or serious
injury to a prisoner, or his removal to an institution for the treatment of mental affections,
the director shall at once inform the spouse, if the prisoner is married or the nearest
relative and shall in any event inform any other person previously designated by the
prisoner.
A prisoner shall be informed at once of the death or serious illness of any near relative. In
case of the critical illness of a near relative, the prisoner should be authorized, whenever
circumstances allow, to go to her/his bedside either under escort or alone.
Every prisoner shall have the right to inform at once her/his family of her/his
imprisonment or her/his transfer to another institution.

16. To a speedy, impartial and public trial.

What to do, if your house or office is searched...

No search warrant xxx shall be issued 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 xxx things to be
seized. (Section 2, Article III of the Constitution)

Search and seizures are made through search warrant and warrantless search which are allowed
by law under defined conditions.

A search warrant is an order in writing issued in the name of the People of the Philippines,
signed in by a Judge and directed to peace officers, commanding them to search for personal
property described therein and bring it before the Court.

Search warrants cover the following properties:

a. Properties which are the subject of the offense;

b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used or intended to be used as the
means of committing an offense.

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Time of Search: The warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night.

Where a warrantless search and seizure may be allowed...

The following situations are specifically provided where a warrantless search and seizure may be
allowed:

A. Warrantless search incidental to a lawful arrest;

1. Seizure of evidence in “plain view”, under the “plain view” doctrine, objects falling in the
“plain view” of an officer who has a right to be in the position to have that view are subject
to seizure and may be presented as evidence. The “plain view” doctrine applies when the
following requisites concur:

a. the police and other concerned agencies in search of the evidence has a prior justification
for an intrusion (i.e. s/he is not a trespasser) or is in a position from which s/he can view
a particular area;

b. the evidence was inadvertently discovered by the police who had the right to be where
they are;

c. it is immediate apparent to the police that the item s/he observes may be evidence of a
crime, contraband or otherwise subject to seizure; and

d. “plain view” justified mere seizure of evidence without further search.

2. Search of a moving vehicle. When a vehicle is stopped and subjected to an extensive search,
it would be constitutionally permissible only if the officers conducting the search had
reasonable or probable cause to believe, before the search, that either the motorist is a law
offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle
to be searched.

3. Consented warrantless search;

4. Customs search;

5. Stop and frisk; and

6. Exigent and emergency circumstances.

33
If you are stopped at a checkpoint...

The negative impressions on checkpoints, however, should not be an excuse to be rude to the
officers manning them. If you are flagged down at a checkpoint, roll down the driver’s window
halfway, address the officer in a courteous manner, and then mentally note her/him name plate.

What is your recourse in case of abuse? In the words of the Supreme Court: “where abuse marks
the operation of a checkpoint, the citizen is not helpless. For the military is not above but subject
to the law. And the courts exist to see that the law is supreme. Soldiers, including those who man
checkpoints, who abuse their authority act beyond the scope of their authority and are, therefore,
liable criminally and civilly for their abusive acts. This tenet should be ingrained in the soldiery
in the clearest of terms by higher military authorities.”

Spot checks are usually conducted in times of heightened security alerts or in areas where a
crime has been committed and investigation or surveillance is being conducted and where the
police needs to increase its vigilance.

Police officers may stop an individual for spot check/accosting when her/his appearance,
demeanor or actions suggest that s/he may be engaged in some criminal activity; if the hour of
day or night is inappropriate for her/his presence in the area or her/his presence in the
neighborhood is inappropriate; if s/he is carrying a suspicious object or if her/his clothes bulge in
a manner that suggests that s/he might be carrying a weapon; if s/he is located in proximate time
and place to an alleged crime; if the officer has knowledge of the person’s prior criminal record
or involvement in criminal activity; or if the person flees at the sight of the police officer.

As to military or police checkpoints, the Supreme Court already ruled that these checkpoints are
not illegal per se, as long as the vehicle is neither searched nor its occupants subjected to
body search, and the inspection of the vehicle is merely visual. The search which is limited to
routine checks — visual inspection or flashing a light inside the car, without the occupants being
subjected to physical or body searches. In other words, in the absence of probable cause, the
authorities:
a. cannot compel the passengers to step out of the car;
b. cannot conduct bodily searches; and
c. cannot compel the motorist to open the trunk or glove compartment of the car, or any
package contained therein.
Police procedures during spot checks that you should know10:

1. S/he should clearly identify her/himself as a police officer, if not in uniform, by announcing
her/his identity and displaying official identification card and/or badge.

2. S/he should be courteous at all times and confine her/his questions regarding your identity,
place of residence, and other inquiries necessary to resolve her/his suspicions and not hold
you longer than is reasonably necessary.

10 Philippine National Police (PNP), Human Rights Affairs Office, A Citizen's Primer on Law Enforcement.

34
3. S/he cannot compel you to answer any questions posed during the spot check/accosting.

4. S/he cannot arrest you on the grounds that you failed or refused to respond to her/his
questions.

RIGHTS TO FREEDOM OF EXPRESSION AND OF ASSEMBLY

Freedom of assembly and petition for redress of grievances

Freedom of assembly is the right of the people to meet and assemble peaceably for consultation
in respect to matters of public concern. (U.S. v. Bustos, 37 Phil. 731). While the right to petition
means that any person or group of persons can apply, without fear of penalty, to the appropriate
branch or office of the government for a redress of grievances. (U.S. v. Bustos, supra).

Section 4 of Article III, Bill of Rights provides that: “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.”

However, the right to peaceful assembly is not absolute. It is subject to regulation under the
police power of the state in order that it may not be injurious to the equal enjoyment of others
having an equal right, or not injurious to the right of the community or society.

Batas Pambansa 880 or The Public Assembly Act

Batas Pambansa (BP) Bilang 880 or the Public Assembly Act defines public assembly as “any
rally, demonstration, march, parade, procession or any other form of mass or concerted action
held in a public place for the purpose of presenting a lawful cause, or expressing an opinion to
the general public on any particular issue; or protesting or influencing any state of affairs
whether political, economic or social; or petitioning the government for redress of grievances.”

This definition, however, does not include picketing and other concerted action in strike areas by
workers and employees resulting from a labor dispute as defined by the Labor Code, its
implementing rules and regulations, and by the Batas Pambansa Blg. 227.

BP 880 prohibits the following acts:

1. The holding of any public assembly as defined in this Act by any leader or organizer
without having first secured that written permit where a permit is required from the office
concerned, or the use of such permit for such purpose in any place other than those set
out in said permit: Provided, however, That no person can be punished or held criminally
liable for participating in or attending an otherwise peaceful assembly;

2. Arbitrary and unjustified denial or modification of a permit in violation of the provisions

of this Act by the mayor or any other official acting in her/his behalf;

35
 3. The unjustified and arbitrary refusal to accept or acknowledge receipt of the application
for a permit by the mayor or any official acting in her/his behalf;

4. Obstructing, impeding, disrupting or otherwise denying the exercise of the right to

peaceful assembly;

5. The unnecessary firing of firearms by a member of any law enforcement agency or any
person to disperse the public assembly;

6. Acts described hereunder if committed within one hundred (100) meters from the area of
activity of the public assembly or on the occasion thereof;

i. the carrying of a deadly or offensive weapon or devise such as firearm, pillbox,

bomb, and the like;
ii. the carrying of a bladed weapon and the like;
iii. the malicious burning of any object in the streets or thoroughfares;
iv. the carrying of firearms by members of the law enforcement unit;
v. the interfering with or intentionally disturbing the holding of a public assembly by
the use of a motor vehicle, its horns and loud sound systems.

RIGHT TO REDRESS AND REMEDY

If your rights are violated, you may seek redress and remedy including compensation and
rehabilitation…

There are criminal, civil and administrative remedies. There are also disciplinary mechanisms to
investigate complaints against erring law enforcement officers and of human rights violations
committed by public officials:

1. Office of the Ombudsman for the Military and Other Law Enforcement Office (MOLEO)
2. PNP-Internal Affairs Service (IAS)
3. Commission of Human Rights (CHR)
4. Human Rights Offices of PNP and AFP
5. Human rights desk of the National Bureau of Investigation (NBI)

You may also seek remedy through the Board of Claims under Republic Act No. 7309 of the
Department of Justice (DOJ) for Victims of Unjust Imprisonment or Detention and Victims
of Violent Crimes and for Other Purposes. The following may file claims for compensation
before the Board of Claims:

a. ANY PERSON who was unjustly accused, convicted and imprisoned but
subsequently released by virtue of a judgment of acquittal;

b. any person who was unjustly detained and released without being charged;

36
 c. any victim of arbitrary or illegal detention by the authorities as defined in the Revised
Penal Code under a final judgment of the Court; and

d. any person who is a victim of violent crimes. Violent crimes include rape and shall
likewise refer to offenses committed with malice which resulted in death or serious
physical or psychological injuries, permanent incapacity or disability, insanity, abortion,
serious trauma, or committed with torture, cruelty or barbarity.

Writ of Habeas Corpus

The writ of habeas of corpus is an order issued by a court to a person who is detaining another
commanding her/him to produce the body of the person whose liberty is being restrained at a
designated time and place, asking her/him to show sufficient cause for the continued custody of
the person so detained.11

The purpose of the writ of habeas corpus is to inquire into all manner of involuntary restraint
and to relieve the person from such restraint if it is found illegal. The writ is the proper remedy
against deprivation of liberty without legal cause. The purpose then of the writ is to free the
person from such illegal restraint. The writ operates to safeguard the liberty of a person.12

A prime specification of an application for a writ of habeas corpus, in fact, is an actual and
effective, and not merely nominal or moral, illegal restraint of liberty. The writ of habeas corpus
was devised and exists as a speedy and effectual remedy to relieve persons from unlawful
restraint, and as the best and only sufficient defense of personal freedom. (Sombong v. Court of
Appeals, 252 SCRA 663)13

The release of a detained person renders the petition for writ of habeas corpus moot and
academic. But where there exist grounds for doubts about the alleged release, the burden of
proving by clear and convincing evidence the alleged release is shifted to the respondent police
officers. (Dizon v. Eduardo, 158 SCRA 470)14

Writ of amparo

On September 25, 2007 the Supreme Court issued AM No. 07-9-12 promulgating the Rule on
the Writ of Amparo. The rule is took effect on October 24, 2007 although it has a retroactive
effect in that it can apply to “cases involving extra legal killings and enforced disappearance or
threats thereof pending in the trial and appellate courts”.

It is a remedy available to any person whose right to life, liberty, and security has been violated
or is threatened with violation by an unlawful act or omission of a public official or employee, or
of a private individual or entity. The writ covers extralegal killings and enforced disappearances

11 Compendium of Terms and Phrases on Human Rights, University of the Philippines, Institute of Human Rights
(UP-IHR), Law Center, 2002.
12 Ibid.
13 Ibid.
14 Ibid.

37
or threats thereof.
Who may file a petition for the issuance of a writ of amparo?
The petition may be filed by the aggrieved party or by any qualified person or entity in the
following order:
a. Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;

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

c. Any concerned citizen, organization, association or institution, if there is no known

member of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to
file similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the
aggrieved party suspends the right of all others, observing the order established herein.

Where can the petition be filed?

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.

How much is the docket or filing fees for the petition?

There is no docket and other lawful fees for the petition. The Court, Justice or Judge shall docket
the petition and act upon it immediately.

When is the writ of amparo issued?

38
Upon the filing of the petition, the Court, Justice or Judge shall immediately order the issuance
of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of
the Court; or in case of urgent necessity, the Justice or the Judge may issue the writ under her/his
own hand, and may deputize any officer or person to serve it. The writ shall also set the date and
time for summary hearing of the petition which shall not be later than seven (7) days from the
date of its issuance.

Is there any penalty in case of refusal to issue or serve the writ?

Yes. A clerk of court who refuses to issue the writ after its allowance, or a deputized person who
refuses to serve the same, shall be punished by the Court, Justice or Judge for contempt without
prejudice to other disciplinary actions.

What are the interim reliefs available to the petitioner?

Upon filing of the petition or at any time before final judgment, the Court, Justice or Judge may
grant any of the following reliefs:

a. Temporary Protection Order. The Court, Justice or Judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved party and any member of the immediate
family be protected in a government agency or by an accredited person or private institution
capable of keeping and securing their safety.

b. Inspection Order. The Court, Justice or Judge, upon verified motion and after due hearing,
may order any person in possession or control of a designated land or other property, to
permit entry for the purpose of inspecting, measuring, surveying, or photographing the
property or any relevant object or operation thereon.

c. Production Order. The Court, Justice or Judge, upon verified motion and after due hearing,
may order any person in possession, custody or control of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible things, or objects in
digitized or electronic form, which constitute or contain evidence relevant to the petition or
the return, to produce and permit their inspection, copying or photographing by or on behalf
of the movant.

d. Witness Protection Order. The Court, Justice or Judge, upon motion or motu proprio, may
refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981. The Court, Justice or
Judge may also refer the witnesses to other government agencies, or to accredited persons or
private institutions capable of keeping and securing their safety.

How long does the court have in deciding the petition?

The Court shall render judgment within ten (10) days from the time the petition is submitted for
decision. If the allegations in the petition are proven by substantial evidence, the Court shall

39
grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.

Writ of habeas data

It 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.

It is governed by The Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC), which was
approved by the Supreme Court on 22 January 2008. That Rule shall not diminish, increase or
modify substantive rights.

Who may file a petition for the issuance of a writ of habeas data?

The petition may be filed by the aggrieved party. 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.

Where can the petition are filed?

a. Regional Trial Court (RTC) 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;
b. Supreme Court;
c. Court of Appeals; and
d. Sandiganbayan, when the action concerns public data files of government offices.

How much is the docket or filing fees for the petition?

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

When is the writ of habeas data issued?

Upon the filing of the petition, the Court, Justice or Judge shall immediately order the issuance
of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of
the Court and cause it to be served within three (3) days from its issuance; or, in case of urgent
necessity, the Justice or Judge may issue the writ under her/his own hand, and may deputize any

40
officer or person to serve it. The writ shall also set the date and time for summary hearing of the
petition which shall not be later than ten (10) work days from the date of its issuance.

Is there any penalty in case of refusal to issue or serve the writ?

Yes. A clerk of court who refuses to issue the writ after its allowance, or a deputized person who
refuses to serve the same, shall be punished by the Court, Justice or Judge for contempt without
prejudice to other disciplinary actions.

How is the writ of habeas data served?

The writ shall be served upon the respondent by the officer or person deputized by the Court,
Justice or Judge who shall retain a copy on which to make a return of service.

How long does the court have in deciding the petition?

The court shall render judgment within ten (10) days from the time the petition is submitted for
decision.

What happens after the finality of the judgment?

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officer as may be
designated by the Court, Justice or Judge within five (5) work days.

The officer who executed the final judgment shall, within three (3) days from its enforcement,
make a verified return to the Court. The return shall contain a full statement of the proceedings
under the writ and a complete inventory of the database or information, or documents and
articles inspected, updated, rectified, or deleted, with copies served on the petitioner and the
respondent.

The officer shall state in the return how the judgment was enforced and complied with by the
respondent, as well as all objections of the parties regarding the manner and regularity of the
service of the writ.

41
International humanitarian law or IHL is the international law of armed conflict, with two
general objectives and areas of concern regarding armed conflict:15

1. as to protection of its victims

2. as to limitation of its methods and means.

The principles of IHL are recognition of the fact that it is during an armed conflict where human
rights are most susceptible to violations. The object therefore of these principles is to protect the
rights of both combatants and non-combatants even in situations of war.

Humanitarian law protects those who are not members of the armed forces of a party to an armed
conflict and are protected against attack, unless and for such time as they take a direct part in
armed hostilities. It also protects those who no longer take part in armed hostilities such as
combatants who have been wounded or shipwrecked, who are sick or who have been taken
prisoner.

If there is armed conflict in your area...

Armed conflict exists whenever there is a resort to armed force or protracted armed violence
between governmental authorities and Non-State Armed Groups, e.g., the Armed Forces of the
Philippines (AFP) vs. Communist Party of the Philippines-New People's Army (CPP-NPA), AFP
vs. Revolutionary Proletarian Army-Alex Boncayao Brigade (RPA-ABB) and AFP vs. Moro
Islamic Liberation Front (MILF) and between organized armed groups within a state.16

The Philippine government adopts the generally accepted principles of international law,
including the Hague Conventions of 1907, the Geneva Conventions on the Protection of Victims
of War and International Humanitarian Law, as part of the law of our nation through the
enactment of RA 9851 or the Philippine Act on Crimes Against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity (IHL Law).

The most significant feature of RA 9851 or IHL Law is its applicability to all individual
perpetrators, whether state agents or members of Non-State Armed Group (NSAG).

15
RA 9851, Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity or IHL Law and Primer on International Humanitarian Law in the Philippine Context, Civil
Society Initiatives for International Humanitarian Law (CSI-IHL), July 2009.
16
Santos, Soliman et al. Editors of newly published book on different armed groups in the Philippines.

42
Fundamental guarantees for the treatment of civilians and persons taking no active part in
hostilities or persons hors de combat*

They must be treated humanely in accordance with the principles and standards of human
rights and international humanitarian law;

The following actions are and shall remain prohibited at any time and in any situation:

1. any form of adverse discrimination in the application of IHL

2. murder
3. torture, cruel or inhuman treatment and degrading punishment
4. corporal punishment
5. mutilation
6. rape
7. slavery
8. uncompensated or abusive forced labor
9. hostage-taking
10. use of human shields
11. enforced disappearance
12. arbitrary deprivation of liberty
13. collective punishment

If there is armed conflict situation in your area....

Take basic security measures such as avoiding traveling alone, getting lost, getting arrested
and getting caught in a cross-fire.

You should insist on knowing where your relative, friend or companion is going and when
s/he plans to return and should have a plan if the latter does not return as scheduled.

You should brief your relative, friend or companion to make contacts with you at appointed
times.

Do not travel with anyone you do not trust.

When you entering armed conflict area you have to take measures such as not smoking or
using flashlight at night if the government troops or members of Non-State Armed Group
(NSAG) usually take gun shots at such targets. In the event of gunfire, take cover and do not
run.

* S/he is a person “out of combat”, including a combatant who is no longer in a condition to engage in combat.
More specifically, anyone who:
- is in the power (e.g. captive) of an adverse party
- is defenseless because of unconsciousness, shipwreck, wounds or sickness; or
- clearly expresses an intention to surrender; provided he or she abstains from any hostile act and does not
attempt to escape.

43
If you happen to meet a military patrol or members of NSAG...

Be calm. Do not act belligerently. Do not run.

Raise both your hands if ordered and shout: “Civilian!”.

Remain polite even if the military or members of the armed group use crude or profane
language without being confrontational.

Stay where you are with your hands still up above your head, until ordered by the military or
NSAG otherwise.

Always carry authorized and proper identification cards, and avoid carrying anything that
could be construed as incriminating.

Give particular attention to the place especially landmarks like mountains, houses, rivers or
streets, date, time and circumstances of the human rights violation. This is helpful when you
refer to places in connection with the incident.

You should try to remember as much detail as you could relate to your ordeal.

If you are being arrested by military or apprehended by members of NSAG...

See to it people know that you are being arrested or apprehended by whom. If necessary,
shout for help or create a scene so that passers-by or those in proximity may notice what is
happening. If you could use a cellphone, call or send a text message to your family, friends
and lawyers to inform you that you are being arrested or apprehended.

Do not, at any time, offer any physical resistance to the arrest or apprehension.

If the persons making the arrest are in civilian clothes, ask them to let you call for a police or
local official to verify their authority. Do not agree to being blindfolded.



You cannot be forced to participate in military or combat field operations and campaigns or
accompany them for any reason.

If there is presence of military or members of NSAG in your area/community...

Call on barangay, community and/or local government officials and leaders to apprise the
situation and its impact on their persons’ and community’s human rights.

Remember. You have the right to be protected against the risks and dangers posed by the
presence of military and members of NSAG in your community.

Ensure that the military or members of NSAG are not located at civilian objects, that is,
objects which are not objects of attack from strafing, aerial bombardment, mortar fire etc. for

44
 example, houses, schools, medical facilities, churches, mosques, cell sites, power
transmission towers, public transport and other civilian infrastructure.17

If you are wounded, sick or shipwrecked18 …

You must receive, to the fullest extent practicable and with the least delay possible, the medical
care and attention required by your condition by the party to armed conflict which you are in
custody. No distinction may be made among them founded on any grounds other than medical
ones.

Every possible measure shall be taken, without delay, to search for and collect the wounded, sick
and missing persons and to protect them from any harm or ill-treatment and to ensure their
adequate care, and to search for the dead, prevent despoliation and desecration and to tender
such remains to their families or to give them decent burial.

If you are a neutral person or entity and medical personnel19 …

Neutral persons or entities and medical personnel, including persons of humanitarian and/or
medical organizations like the International Committee of the Red Cross (ICRC), shall be
protected and respected. The establishments, facilities, transport and equipments of these
persons, entities and organizations; objects bearing the distinctive emblems of the Geneva
Conventions (the Red Cross symbol) and the flag of peaceful intention shall be likewise be
protected.

If you know Children Involved in Armed Conflict (CIAC)20…

Children are not allowed to take part in the fighting or hostilities, or used as guides, couriers or
spies. They are entitled to special respect and protection. They shall not be recruited to become
members of the AFP or its paramilitary units like Citizens Armed Forces Geographical Unit
(CAGFU), or Non-State Armed Groups (NSAGs).
Under RA 9851 or IHL Law, it shall be the responsibility of the State and all other sectors
concerned to resolved armed conflict in order to promote the goal of "Children as Zones of
Peace". In RA No. 7610 otherwise known as the Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act, Article X, Sec. 22 declares children as “zones of
peace” and stipulates that “children shall not be the subject of attack and shall be entitled to
special respect”.

If you are an Internally Displaced Person (IDP)21 …

17 Customary International Humanitarian Law Rules 1, 7, 9, 10, 11, 54 and 71 and Comprehensive Agreement
on Respect for Human Rights and International Humanitarian Law (CARHRIHL) between the GRP and the
NDFP.
18 Customary International Humanitarian Law Rules 47 and 87.
19 Ibid.. Rules 58-63.
20 Convention on the Rights of the Child and Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict (OPCRC-AC).
21
United Nations Guiding Principles on Internal Displacement (UNGPID).

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IDPs or bakwit are “persons or group of persons who have been forced or obliged to flee or to
leave their homes or places of habitual residence, in particular as a result of or in order to avoid
the effects of armed conflict, situations of generalized violence, violations of human rights and
natural or human-made disasters, and who have not crossed an internationally recognized State
border.”

You should enjoy the same rights as the rest of the population. You have the right to return to
your place of abode and livelihood, to demand all possible necessary to resettle and restore
reintegrate to your normal life and to be indemnified for damages suffered due to injuries and
other reasons.

If displacement is justified and must really occur, your affected community must be consulted
and properly compensated. And displacement should be temporary.

During displacement....

You should be protected from genocide, murder, summary or arbitrary executions and
enforced disappearance.

Prohibition on attacks or other acts of violence against those who do not or no longer
participate in hostilities.

You should be protected against rape, mutilation, torture, slavery and acts of violence
intended to spread terror.

No interment to a camp, unless absolutely necessary.

You have the right to know the fate and whereabouts of missing relatives.

In relation of your return, resettlement or reintegration...

The authorities have duty to establish conditions, as well as provide the means, for voluntary
return or resettlement.

Recovery of property and possessions.

You have the right against forcible return to or resettlement in any place where your life,
safety, liberty and/or health would be at risk.

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References:

Civil Society Initiatives for International Humanitarian Law (CSI-IHL), Primer on International Humanitarian Law
in the Philippine Context, July 2009

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL)
between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines

Free Legal Assistance Group (FLAG), Your Human Rights

Institute of Human Rights (IHR), Compendium of Terms and Phrases on Human Rights, University of the
Philippines Law Center, 2002

Mercedita S. Nolledo, The 1987 Constitution of the Philippines, 2004 Revised Edition

Philippine Laws and Legal System (JLP-Law Blog), Philippine e-Legal Forum

Philippine National Police, A Citizen's Primer on Law Enforcement, Human Rights Affairs Office

Republic Act No. 7438 or An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as Duties of the Arresting, Detaining and Investigation Officers

Republic Act No. 7610, Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act

Republic Act No. 9745, An Act Penalizing Torture and Other Cruel, Inhuman, and Degrading Treatment or
Punishment and Prescribing Penalties Therefore or Anti-Torture Act of 2009

Republic Act No. 9851, Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other
Crimes Against Humanity or IHL Law

Supreme Court of the Philippines, The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC)

Supreme Court of the Philippines, The Rule on Writ of Habeas Data (A.M. No. 08-1-16-SC)

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