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RULE OF LAW
REFERENCE: ARTICLE III, 1987 CONSTITUTION

Time Frame: 4 hours

Outcomes:
At the end of this module, you are expected to identify the basic rights
protected under the 1987 Philippine Constitution, promote the rights that shall
be accorded to every person, and discuss the right to a Writ of Habeas
Corpus.

READ
ARTICLE III, 1987 CONSTITUTION

BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.

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Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use

without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.

Section 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.
(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.

Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after

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arraignment, trial may proceed notwithstanding the absence of the accused

provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced
to reclusion perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman conditions shall be dealt with by
law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll

tax.

Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same
act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

HUMAN RIGHTS

It is believed that many of our disgruntled countrymen generally engage in

lawless activities and eventually join dissident groups when their rights as
human beings are violated. The cycle of rebellion and violent expression of
descent will never end if in the conflict environment, the government troops
and law enforcers do not respect the rights of the people.

What are human rights?

Human rights, according to the Stanford Encyclopedia of Philosophy,
refers to norms that aim to protect people from political, legal, and social
abuses.
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The United Nations (UN) defines human rights as universal and

inalienable, interdependent and indivisible, and equal and non-discriminatory.

A. ACHIEVING HUMAN RIGHTS GOALS - Following are the means that

countries in the international commonly adopt to promote the observance of
human rights in their countries:

1. Setting the examples. A country that advocates the observance of

human rights believes that its own human rights record will serve as an example
for other countries to follow.

2. Diplomatic Initiatives. Diplomatic representatives from different countries

wherever they meet often address and discuss important human rights
concerns during private meetings.

3. Providing Asylum to Political Refugees. Most countries have immigration

laws that allow person who are fleeing their homelands due to persecution in
the account of their cultural, religious and political beliefs. As a general rule, any
foreign national who flees his country, will not be granted asylum. He may
however be granted a temporary refuge if his life or safety is in immediate
danger. Those, however who request for political asylum on a base in a foreign
territory or on a ship on the high seas (international waters) will not be turned
over said refugees to another country without the approval of the government
exercising sovereignty over such territory or vessel.

4. Pressure of World Opinion. When the means of diplomacy and example

fail to work, the government officials of concerned countries may issue public
statements against a particular country that refuses to observe and implement
Human Rights and the provisions of the International Law.

5. Suspension of Foreign Assistance. Countries that provide humanitarian

assistance for development and economic relief for less developed countries,
may withhold aid when the recipient country continuously violate Human Rights
and International Humanitarian Law.

6. Implementation of Economic Sanctions. Countries that are unsatisfied

with the consistently appalling record human right violations of a particular
country may reduce or terminate economic relations with that country.

7. Actions of United Nations and Regional Organization. The United

Nations and other regional organizations all over the world may resort to
concerted actions to put political and economic pressure on countries that
commit human rights abuses. The United Nations follow a formal process of
acting on and investigating reported human right violations in its member
countries. Although the adoption of persuasive measures is the primary tool,
the U.N. can vote to impose severe economic sanctions against human rights
violator country.

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B. HUMAN RIGHTS OF THE ACCUSED. Following are the basic human

rights of a suspect or the accused, which should be recognized during custodial
investigation and conduct of tactical interrogation:

1. Rights of Person Prior to Investigation. Known as the “Miranda

Doctrine” as laid down by the U.S Supreme Court, the accused has the right
to be warned prior to any questioning that:
a. He has the right to remain silent and make self-incriminating
statements.
b. Anything that he says can be used against him in a court of law.
c. He has the right to presence of any attorney, and that if he cannot
afford an attorney, one will be appointed for him prior to any
questioning if he so desires.

2. Rights of Person Under Investigation. The following are the rights of

the accused while undergoing investigation as embodied in Article III-Bill of
Rights and other sections of the 1987 Philippine Constitution:
a. Under Article III-Bill of Rights
1) Right to remain silent and not to answer any questions that may
incriminate him.
2) Right to counsel or a lawyer of his choice to present and whom
he can consult during investigation.
3) Right against torture or any form of mental or physical
punishment. 4) Right against secret detention.

b. Under Section 11
1) Free access to the courts and quasi-judicial bodies. 2)
Adequate legal assistance shall not be denied to the
accused by reason of poverty.

c. Under Section 12
1) The right to be informed of his rights to remain silent and
to have a competent and independent counsel preferably of
his choice. If he cannot afford, he must be provided one. This
right cannot be waived except in writing and in the presence
of a counsel.
2) No torture, force, threat or any other means of intimidation
may be used against the accused. The use of secret place of
detention, solitary confinement or declaring the accused
“incommunicado” and other similar forms of detention are
prohibited.
3) Any confession or admission of guilt obtained in violation
of the above-mentioned rights of the accused shall be
inadmissible evidence against him.
4) The Law provides penal and legal sanctions for violations
of these rights as guaranteed by the Constitution, as well as
compensation for the rehabilitation of victims of torture and
similar practices. Also, excessive bail shall not be imposed.

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d. Under Section 18
1) No person shall be detained solely by reason of his
political beliefs and aspirations.
2) No involuntary servitude in any form shall exist except
as a punishment for a crime wherein the accused has been
convicted in a duly constituted court.

e. Under Section 19
1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty
be imposed, unless for compelling reasons involving heinous
crimes.

2) The employment of a physical, psychological, or

degrading punishment against any prisoner or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

f. Under Section 22
1) No person shall be put twice in jeopardy of punishment (to
be accused more than once) for the same offense.
2) If a person is convicted or acquitted under either of the law
or ordinance he was accused of violating, he may not be
prosecuted again for the same act.

Rights of Accused During Trial. Following are the rights that an accused
person is entitled to during the course of trial listed in the Rules of Court and as
guaranteed by the Philippine Constitution:
a. To be presumed innocent until the contrary (his guilt) is proved
beyond doubt during the trial.
b. To be informed of the nature and cause of the accusations against
him.
c. To be present and defend in person and by a counsel at every stage
of the proceedings, from the arraignment to the promulgation of the
judgment. The accused may however waive his presence if
specifically ordered by the court for purposes of identification. The
absence of the accused without justifiable cause wherein he had
been duly notified, shall be considered a waiver of his rights to be
present. Also, when he escaped from custody, he shall also be
deemed to have waived his rights to be present in all the
subsequent trial dates until custody is regained.
d. Upon motion, the accused may be followed to defend himself in
person when it sufficiently appears to the court that he can properly
protect his rights without the assistance of counsel.
e. To confront and cross-examine the witness against him during the
trial.
f. To have appropriate court orders be issued to compel the attendance
of witnesses and ensure the production of important evidences in his
behalf.
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g. To have a speedy, impartial and public trial.

C. COMMISSION OF HUMAN RIGHTS. The Presidential Commission on

Human Rights was established during the administration of President Corazon
Aquino and it was after the approval of the 1987 Constitution that the body was
renamed the Commission on Human Rights.

1. Functions. The following are the functions of the Commission on

Human Rights:
a. Contrary to some misconceptions that the Commission on
Human Rights is an anti-military and a pro-insurgent
organization, the Commission in truth is an independent,
disinterested body, which is mandated to investigate on its own
or upon complaint all forms of human rights violations and
monitor the Philippine Government’s compliance with the
country’s obligation under the international treaty on human
rights.

b. The Commission of Human Rights functions as a homogenous

organization composed of civic-oriented groups who advocates
and monitors the protection of human rights I the country.

c. The CHR basically serves as an independent fact-finding body

and does not have the power to prosecute. After an investigation,
the CHR may only recommend to courts or to the concerned
agencies the filing of appropriate charges against the suspected
respondents. Thus, the CHR has no power to prosecute and
send the accused to prison.

2. Jurisdiction. The following are the nature of human rights

violations that are within the jurisdiction of the Commission on
Human Rights to investigate for purpose of prosecution:

a. Rights of detainees or prisoners against physical, psychological

and degrading punishment resulting to the commission of crimes
against persons.
b. Right to a fair and public trial as recognized under the Philippine
Constitution, applicable laws and other statutes.
c. Constitutional guarantees provided against the use of torture,
force, violence, threat, intimidation or other means that vitiate the
free will of any person and force him to do anything or sign any
document against his will.
d. Right to life without due process of law, where its commission is
tantamount to summary execution or extrajudicial execution.
e. Right to select one’s place of abode and of changing one’s
residence within the limits provided by law, except upon lawful
order of the court. These violations may include the acts of
population control
such as “hamleting”, forced eviction and illegal demolition.

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f. Rights of persons to secure their houses, papers and belongings

against unreasonable and arbitrary searches and seizures.
g. Rights of person arrested, detained or under custodial
investigation as well as the duties of arresting, detaining and
investigating officers.
h. Right of the people to peaceably assemble and petition the
government for redress of grievances.
i. Right of the people to freely exercise and enjoy their religious
profession and worship, without discrimination. This includes
such offenses as desecration of places of worship and other acts
that are notoriously offensive to the feelings of the faithful.

HUMAN RIGHTS SAFEGUARDS. The following are practical suggestions that

will promote the observance of human rights by AFP personnel during military
operations.

1. While in Combat. Here are some guides that you may follow as a
commander of a unit in the operational areas but not directly engaged in
combat.

a.Internalizing the Values of Human Rights. Develop a strong

and effective military values’ education among your men.
Discuss with them your own beliefs, attitudes and values
regarding observance of human rights in order that they will
know exactly where you stand. Make them internalize the
value of observing human rights by including instructions on
Human Rights in your Troop Information and Education
(TI&E) Program. Most human rights violations are results of
ignorance of the law.

b. Conduct of Legal Arrests and Searches. As a general rule, law

enforcers many only conduct arrests and searches only after they
have legally secured arrest and search warrants from a judge.
However, arrest and searches may also be performed without
warrants if the following conditions exist:

1) When in the presence of arresting officer, the When in the

presence of the officer, the son to be arrested has committed,
is actually committing, or is attempting to commit an offense.

2) When an offense has in fact been committed and the arresting

person has a reasonable ground to believe that the person to
be arrested has in fact committed it.

3) When the person to be arrested is a prisoner who has escaped

from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or
when he escaped while being transferred from one place of
confinement to another.

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c. Non-Employment of Children as Combatants. Never allow any

person below 18 years old take part in any armed conflict. Children
should never be recruited or employed by government forces to
perform or engage in any activity that has direct connection with
armed conflict, either as combatants, guides, couriers, or in any
similar capacity where they may be identified as active members of
an organized group.

d.Good Relationship with Media and Human Rights Groups.

Communicate and establish good relationship with the media,
human rights groups and members of non- government
organizations (NGO’s) advocating the protection of human rights.
Unwholesome relations with these groups and improper handling of
situations involving them may spawn more serious problems for
your unit in the future.

e. Non-Identification with Dubious Personalities. Avoid being

identified with influential and controversial personalities in your area
of operation. While it is always advisable for commanders to try to
establish good relations with all the members of the community for
this may cause criticisms that you are protecting certain interest
groups in favor of the masses.

f. Absolutely no Drinking. Never allow your men to drink any

alcoholic beverages while in the operational areas. The discipline
of soldiers who do not know how to handle stress tend to deteriorate
and may cause behavioral problems. To avoid this, never tolerate
drinking within your camp. Enforce this prohibition through your
NCOs.

2.During Combat Operations. Here are some recommended pointers

that one may follow when engaged in actual combat for the protection of
human rights:

a. Always establish the proper authority in initiating combat

operations. Ensure that all combat operations are covered by
appropriate Operation
Order that set the responsibility to commander of all participating units
at all levels of command. Even in the conduct of minor combat
operations as when sending out patrols, a radio message or a simple
written directive from higher headquarters may be necessary.

b. As Commander, find time to speak to your men before sending

them out. Re-iterate to them your unequivocal stand that they should
observe human rights and that you will never tolerate any violations.
Impress on their minds that although their commander is responsible
for the accomplishment of the mission, all of them will be held
responsible for their individual behavior during the operation.

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c. As Commander, do not treat civilians in the operational populace

as insurgents or suspects. Demand that your men will do the same.
When you convene with civilians, try to be casual, polite and cheerful,
otherwise you would be misinterpreted to be harassing or interrogating
them. The civilian would normally volunteer information if they star
feeling comfortable with the soldiers.

d. Do not be a burden to the civilian populace, always bringing your

own unit’s provision whenever you go out in the field. In most rural
communities, foodstuff is scarce and the populace will deeply resent
government troops that would impose to provide them food. If you have
no choice, be polite in asking them if you can buy foodstuff at a fair
prize. When doing so, do not catch the chicken yourself, or get fruits
that you buy for yourself, because this may be misinterpreted that you
are pillaging the community.

e. Do no use civilians from villages as guides. If you have problems

in finding directions, avoid using civilians, particularly children, women
or the elderly as guides. Use Barangay Officials or “tanods” instead, if
they are available.

f. Do not prohibit, interrupt or disband peaceful meeting in the

community. It is the people’s exercise of peaceful assembly and no one
should be hindered to attend such lawful meetings.

g. Do not block the entry of food, health and other support services
to civilian communities as a way of defeating the insurgents. The civilian
populace will protest any form of control over the resources that are
intended for their community. However, government forces may prevent
or limit the entry of service workers and the delivery of goods into an
area affected by the armed conflict if this ill interfere directly with the
ongoing combat operations, or will endanger the lives and safety of the
service workers or those delivering the goods.

h. Do not disrupt or dislocate the source of livelihood of the members

of the community. The areas involved in an armed conflict should be
carefully identified and residents of those areas that are not directly
affected should be allowed to go on with their normal lives in order that
their source of livelihood will not be affected. Operating units should
avoid damaging crops and properties of civilians along the way. When
the operation is over and peace has been restored, recommend to your
higher headquarters for the restitution of the damaged properties and
crops.

3.During Combat Engagements- Following are important measures,

which you could take as a leader of a unit engaged in combat operations:

a. Know exactly what your military objectives are and know how to
distinguish them from purely civilian objects and residential areas. The
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best way to distinguish civilian communities from military objectives is

by using good judgment, common sense and your conscience.

b. Whenever possible, double-check and re-verify the target you are

about to attack. Sometimes due to confusion of combat and the
nervousness of the men, some civilians may be mistaken as insurgents.
You can prevent this to happen by being very deliberate in your
planning and by directing your men to be very discriminating on the
targets they will fire upon.

c. Take control of your emotions and maintain your sense of reason

even in the heat of battle. As a Combat Leader, you can save many
innocent lives if you maintain your stability under pressure and keep
your good judgment, if you have reasons to believe that the orders of
your senior commander have already crossed beyond the limits legal
and moral orders, be courageous enough to express you’re your
dissenting opinion.

d. When you believe that your senior commander has given you a
vague order, such as “You already know what to do” directly confront
him in the presence of some witnesses and ask exactly what he meant.
You may ask, “Do you mean Sir, that we must now attack this village
regardless whether the enemy is here or not and burn it?” Normally a
commander who attempts to hide behind irresponsible commands will
recover his senses and you’re having returned the responsibility to him
will make him reconsider his vague order.

e. Do not use excessive force much more than necessary to achieve

your military objective. Avoid doing an “overkill” of the enemy. This will
not only result to big wastage of ammunition but will also unnecessary
imperil innocent civilians that may be caught in the crossfire.

f. Ensure that your men do not kill enemy combatants who have
surrendered, those who are wounded and who could no longer fight. An
enemy still welding his firearms and who refuses to surrender is
considered legitimate target for neutralization. However, an enemy
combatant who drops their weapon, raise his hand or a white cloth in
gesture of surrender, can no longer be shot. Killing such defenseless
enemy is tantamount to “murder”.

4. After Combat Engagement. Consider following these pointers

immediately after the combat engagement in order that you and
your men will not be vulnerable to complaints that may be filed
against you by insurgent sympathizers:

a. Immediately render an initial after encounter report to your higher

headquarters. At least try to give your senior commander a partial
report in a continuing operation or when complete results are not
yet available. Provide them with operational updates whenever
necessary. Early reporting of operational accomplishment may later
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serve as proof that an operation is legally being conducted and that

a legitimate encounter did happen.

b. Whenever possible try to document the aftermath of the operation

in pictures and video footages. Try to get in video or tapes the
testimonies of local officials and other civilians who personally
witnesses the operation. Such messages from cooperative civilians
maybe used as evidence against human rights violation cases that
may be filed against you unit in the future. They may also be used
as valuable materials for media releases to show good rapport with
the civilian populace.

c. Immediately bring the result of the operation to the attention of the

Barangay Officials and the other civilian leaders in the where the
encounter happened. They are considered as the authorities in the
village, and by involving them in reporting the encounter, they
become neutral source of information that would strengthen your
defense in case there will be problems later.

d. Try to get some formal statements in print or video of Barangay

Officials and other disintegrated persons regarding the legitimacy
of the encounter. If possible, encourage the local officials to make
a formal resolution concerning the incident.

e. Secure all the available pieces of evidence that you may have
gathered after the encounter. This may include the firearms
captured from the enemy, spent ammunition, subversive
documents, photographs, letters, diaries and packs of personal
belongings. You may need them to conclusively establish that
indeed the encounter was legitimately and actually happened.
f. Report to the local officials and the police authorities the
circumstances of the death or wounding of the enemies. In
coordination with the law enforcers in the area of encounter, pursue
the identification of the dead enemy or civilians that may have been
caught in the crossfire. Civilian crossfire victims are entitled burial
assistance from the government.

g. Bring the bodies of the dead enemies to the police or the nearest
local officials. Demand a receipt or an acknowledgment in writing
that your unit has turned over to them the said remains. Coordinate
with them for the identification of the dead enemies. Upon
identification, inform the nearest of kin through the local police
forces. Respect the desire of the family of the deceased on what
they intend to do with the remains.

h. Give immediate medical attention to the wounded. As the

commander of the government forces in the area, it is your
responsibility to ensure the immediate treatment of the wounded
enemy and the civilian crossfire victims.
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Make sure that the local Barangay Officials assist you in caring for
the wounded and in bringing them to the nearest hospital or medical
clinic.

i. Whenever possible, conduct massive civil-military and

psychological operations at the area where the encounter
happened to neutralize whatever influences the enemy have over
the populace. The conduct of CMO and PSYOPS in this area may
be in the form of civic and humanitarian activities and the
performance of community assistance projects that would enhance
the good working relationship between civilians and the military
forces in the area.

j. Immediately upon the restoration of peace in the area and as soon

as the tactical situation evacuees to return to their homes and place
of livelihood.

International Humanitarian Law

International law consists of the rules which States apply in their relations
with each other.

When war breaks out, normal relations between conflicting countries are
discontinued. In such circumstances, International Humanitarian Law (IHL)
which aims at protecting the human person in wartime, takes the lead over
International Public Law.

Humanitarian law is that portion of international public law which is inspired by

a feeling of humanity and is centered on the protection of the individual war.

To be more precise, IHL has been drawn up to protect, in time of armed conflict,
persons who do not take part or who have ceased to take part in hostilities, like:
- civilians;
- medical and para-medical personnel, or religious personnel;
- combatants who have stopped fighting because they are either
wounded or sick, or have been captured, or have surrendered or are
otherwise defenseless.
Because of the difficulty in enforcement, compliance with international law is
based mainly on the mutual interest of States and the political and economic
sanctions that may be imposed on States not observing the law established by
the international community.
International law forbids the use or threat of force in international relations
except for:
- United Nations enforcement action or peace-keeping operations; and
- Dual or collective self - defense when an armed attack occurs against a
State.

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Components of the Law of Armed Conflict

Geneva-type law
It comprises the four Geneva Conventions of 1949 which provide for the
protection of victims of war, that is,
a) the First Geneva Convention: the protection of wounded and sick on
land.
b) the Second Geneva Convention: protection of wounded, sick and
shipwrecked at sea;

c) the Third Geneva Convention: treatment of prisoners of war; and

d) the Fourth Geneva Convention: protection of civilians in times of war.

Hague-type Law
It provides rules pertaining to the conduct of hostilities, specifically, to means
and methods of combat, In particular, it covers:
a) conduct of combat;
b) the concept of occupation; and
c) the concept of neutrality.

The Law of Comprises:

a) the main Hague Conventions of 1899, mostly replaced and completed
by the
Hague Conventions of 1907 (Land and sea);
b) the rules of air warfare drafted at the Hague in 1923; and
c) various treaties relating to specific weapons (e. g. explosive projectiles,
expanding bullets, poison and poisonous weapons, gases and
bacteriological weapons, non-detectable fragments, booby-traps, mines
and other devices, etc.).

Mixed-type Law
A Mixed-type of law consisting of both Hague-type and Geneva type provisions
comprises the following:
a) the Hague Conventions for the protection of cultural property of 1954;
and
b) the two Additional Protocols to the Geneva Conventions of 1949, namely,
Protocol I relating to international armed conflicts, and Protocol II
concerning non-international armed conflicts.

Customary Law
In cases not covered by treaty law, civilian persons and combatants remain
under the protection and authority of the principles of international law derived
from:
a) established customs;
b) the principles of humanity; and
c) the dictates of public conscience.
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Application
The law of armed conflict was initially based on established practices, and partly
still is, an offspring of customary law. But it has become more and more the
subject of international practices adopted in international conferences to govern
the conduct of armed conflicts between States, that is international armed
conflicts.

The law of armed conflict applies from the first act of hostilities or unregistered
occupation. Its application is not bound to a previous official declaration of war,
but is dependent on the factual situation on the ground.

Only a few provisions of the law of armed conflict relate directly to non-
international conflicts. They constitute, in fact summaries of the essential rules
applicable to all armed conflicts. They are:
a) Article 3 common to the four Geneva Conventions of 1949 and Article 4
of the Hague Conventions of 1954 for the protection of cultural property;
and

b) Additional Protocol II to the Geneva Conventions which develops and

supplements common Article 3 mentioned above.
Because of countries that wish not to recognize the existence of a state of war,
the term “law of armed conflict” is more accurate than the term “the law of war”.
The aim is to ensure the wider application of the law of armed conflict which
applies if there is:

a) a war, hence a conflict between States;

b) occupation of the territory of one State by another; or
c) sustained and concerted military operations within the borders of one
State.
Given any such situation, this law of armed conflict applies through;

a) Customary Conventions which is binding on all States. Thus,

applies equally to the provisions of treaties that have become
recognized as customary law, Many Hague rules fall into this
category.
b) The Geneva conventions of 1949 which, following the ratification by
practically all the States of the world can be considered as universal
law.

The Conventions apply to all types of wars and armed conflicts between Parties
to the Conventions, and during occupation of their territory even if un-resisted.
The parties cannot be executed from compliance by reason of necessity or for
any other reasons.

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The conventions also apply in cases where non-parties accept and apply their
provisions.
a) The Hague Conventions for the protection of cultural property of
1954, and the Protocols I and Additional to the Geneva Conventions
of 1949 which bind States who have ratified or acceded to them, or
non-parties who accept and apply their provisions.

International Armed Conflict

The provisions of humanitarian law are applicable immediately with the first
hostile act of a State against another. No minimum of intensity of violence or
fighting or control of territory is required for its applicability.
The law applies in these circumstances even though there has been no formal
declaration of war and even if the state of conflict is not recognized by one of
the Parties. In this sense, even un-resisted invasion of s state by another is
subject to such law.

Non-International Armed Conflict

An armed conflict within the borders of s state is automatically covered by Article
3 common to the four Geneva Conventions of 1949, and Article 4 of the Hague
convention of 1954 for the protection of cultural property, which represent the
minimum provisions that apply ins such a situation.

Common Article 3 provides:

a) that persons not involved in the fighting because they are not taking part
in hostilities, or because they are wounded or have surrendered, or have
been detained, must be treated humanely and without adverse
discrimination. This means that they:
(1) may not be subjected to any form of violence, in particular,
murder, mutilation and torture;
(2) may not be made hostages;
(3) may not be degraded or humiliated; and
(4) may not be sentenced without proper trial.

b) that the wounded and sick shall be collected and cared for;
c) that humanitarian organizations such as the ICRC may offer their
services to the Parties to the conflict; and
d) that the Parties should further endeavor to bring into force, by means of
special agreements, all or part of the other provisions of the conventions.
Additional Protocol II substantially supplements and develops Common
Article 3 by laying down additional rules for the protection of detained persons,
the wounded, the sick and the civilian population, and for regulation of penal
processes. It does not, however, give POW status to detainees.
It applies to conflicts of a relatively high degree of intensity. In fact, it refers
to conflicts which take place in the territory of a State between government
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forces and dissident armed forces or other organized armed groups under
responsible command which exercise such control over part of the national
territory as to enable them to carry out sustained and concerted military
operations and to implement the Protocol.
Internal disturbances and tensions such as riots and isolated and sporadic
acts of violence and other acts similar nature or terrorist crimes are not armed
conflicts as a matter of law. Hence, they are not covered by Protocol

II. The writ of habeas corpus

Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/; Latin for "you
[shall] have the body") is a legal action or writ by means
of which detainees can seek relief from unlawful
imprisonment.
In English, the Latin phrase habeas corpus means
"that you have the body." When the Supreme Court, which
has jurisdiction over habeas corpus petitions, issues the
writ, it commands an individual or a government official who has restrained
another individual to produce the prisoner at a designated time and place.
A writ of habeas corpus (which literally means to "produce the body") is a
court order demanding that a public official (such as a warden) deliver an
imprisoned individual to the court and show a valid reason for that person's
detention.

Importance of a writ of habeas corpus

The "Great Writ" of habeas corpus is a fundamental right in the
Constitution that protects against unlawful and indefinite imprisonment.
Translated from Latin it means "show me the body." Habeas corpus has
historically been an important instrument to safeguard individual freedom
against arbitrary executive power.
Suspension of the writ of habeas corpus
During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three days,
otherwise he shall be released.

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SUMMARY
Human rights allow a person to live with dignity and in peace, away from
the abuses that can be inflicted by abusive institutions or individuals. Human
rights belong to all and cannot be taken away unless specific situations call for
it. However, the deprivation of a person's right is subject to due process.

Human rights protect all people regardless of race, nationality, gender,

religion, and political leaning, among others. They should be respected without
prejudice.
In our country, our rights are protected by the constitution of our republic,
as embodied in Article III, with 22 sections. This Bill of rights, the writ of habeas
corpus is even specifically mentioned, there is even an office that were
organized to attend to this matter. The Commission on Human Rights was
established during the time of Pres, Corazon Aquino, after the signing of the
1987 constitution.
Internationally, the United Nation adopted the International Humanitarian
Law which aims at protecting the human person in wartime, takes the lead over
International Public Law.

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Name: _______________________________________ Date:____________

Course: _______________________________________ Score:___________

ACTIVITY # 5 - RULE OF LAW

Answer the following questions comprehensively:

1. Are the Filipinos guaranteed of their constitutional Rights? Why? Support

your answer with a legal basis.

2. Who are protected under the International Humanitarian Law?

3. What important instrument can safeguard individual freedom against

arbitrary executive power? How?

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Name: _______________________________________ Date:____________

Course: _______________________________________ Score:___________

ASSESSMENT # 5 - RULE OF LAW

TRUE OR FALSE
Write True if the statement is correct, and False if the statement is incorrect.

_____________1. Article III, Bill of Rights of the 1987 Constitution

guarantees the basic human rights of every Filipino
citizens.
_____________2. The Commission on Human Rights oversees the
fulfillment and protection of human rights in the
Philippines.
_____________3. Section 22 of the Bill of rights states that, no person shall
be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal
protection of the laws, is what section of the Bill of
Rights?
_____________4. Under the Bill of Rights, of the 1987 Constitution, any
confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence
against him.
_____________5. The writ of habeas corpus (which literally means to
"produce the body") is a court order demanding that a
public official, deliver a dead body of an imprisoned
individual to the court and show a valid reason for that
person's detention.
_____________6. One of the Rights of the accused during Trial is that - the
accused person is to be presumed innocent until the
contrary (his guilt) is proved beyond doubt during the trial.
_____________7. Article III (Bill of rights), Section 17. States that” No
person shall be compelled to be a witness against
himself.”
_____________8. One of the Rights of the Accused during Trial., is to be
informed of the nature and cause of the accusations
against him.
_____________9. Human rights refer to norms that aim to protect people
from political, legal, and social abuses.
_____________10. International Humanitarian Law (IHL) which aims at
protecting the human person in wartime.

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