Problem and Its Setting

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Chapter I

INTRODUCTION

Problem and Its Setting

Human rights are the basic rights of every individual

against the state or any other public authority as a member

of the human family irrespective of any other consideration.

Thus, every individual in the society has the inherent right

to be treated with dignity and respect in all situations

including arrest and keeping in custody by the police. The

rights of an individual in police custody are protected

basically by the Philippine Constitution and by various

other laws like Code of Criminal Procedure and Protection of

Human Rights Act. These rights are also recognized by

various international documents like Universal Declaration

of Human Rights, International Covenant on Civil and

Political Rights, Convention against Torture and other

Cruel, Inhuman or Degrading Treatment or Punishment and Body

of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment.

The Philippine Police Service was established to ensure

maintenance of law and order, apprehension of offenders,

detection of crime and generally for maintenance of internal

peace and security. Since the police play a vital role in a


2

democracy not only with respect to maintenance of law and

order but also in dealing with the rapid increase of crime

rates in the criminal justice system, policy of police must

strive to attain objectives like fairness, consistency,

tolerance of minority views and other values which are

inherent in a society.

Being the visible symbol of state authority, police

should see that their actions are not affecting the liberty

and freedom of individuals, and not infringing the basic

human rights values of the suspects or the criminal in

custody, while fulfilling the avowed objectives of

prevention and investigation of crimes. There are frequent

instances where the police, who are entrusted with the duty

to enforce law and order, are violating the human rights.

Aside from the human rights, the officers should know and be

aware of the duties and responsibilities of a Police

officer. The police officer should protect life and

property through the enforcement of laws and

regulations. They are assigned to proactively patrol and

respond to calls for police service. They also conduct

preliminary and follow-up investigations to both

criminal and traffic reports and conduct interviews.


3

Police officers prepare written reports and field

notes of investigations and patrol activities.

They arrest and process criminals and testify in court

and have the ability to exercise judgment in determining

when to use force and to what degree. Police officers

operate a law enforcement vehicle under emergency

conditions day or night. The duties and responsibilities

of the police officer are very important for them to

widen their knowledge of limitations into what action

they might do in the future or in the current situation.

The researchers conducted this study to determine the

level of knowledge and skills of the police officers in

relation to human rights, and also to improve the level

of knowledge for them not to shame and taint the

reputation and dignity of the Philippine National

Police. This being the reason and purpose of this study.

Statement of the Problem

This study answered the following problems:

1. What is the profile of the respondents in terms of the

following?

A. Age

B. Civil Status
4

C. Educational Attainment

D. Rank

E. Years in service

2. What is the level of knowledge of the police officers

in human rights law?

3. What recommendations can be drawn from the respondents

to enhance their level of knowledge on human rights

law.

4. What are the ways and possible solutions to help

enhance, improve and polish the knowledge of the police

officers in Mondragon, Northern Samar regarding Human

Rights Law?

Objectives of the Study

Generally, this study discussed and analyzed the

level of knowledge of police officers on Human Rights

Law in Mondragon, Northern Samar.

Specifically, this study sought to:

1. document the profile of the respondents, in terms of;

1.1 Age

1.2 Civil status

1.3 Educational attainment

1.4 Rank
5

1.5 Years in service

2. determine the level of knowledge of the respondents on

human rights law;

3. draw recommendations from the respondents to enhance

their level of knowledge on human rights law; and

4. identify the ways to enhance, improve, and polish the

knowledge of police officers in Mondragon Northern

Samar.

Significance of the Study

The results and findings of this study will be of great

significance to the following:

Police officers of Mondragon, Northern Samar. The data

that will be gathered from this study will help the police

officers to enhance, improve, and polish their knowledge

about Human Rights Law.

Higher Police Officials of Mondragon Northern Samar.

The data from this study will serve as basis for the higher

officials of Mondragon, Northern Samar to record and assess

the knowledge on Human Rights Law of their police officers.

Citizens of Mondragon Northern Samar. Once the data of

this study are already analyzed and interpreted, the

citizens of Mondragon will have a clearer view for them to


6

find out if their Human Rights are secured and kept safe by

the police officers.

Future Criminologists. The data that will be gathered

from this study will help the future criminologists to

become more aware and knowledgeable regarding human rights

law.

Scope and Limitations of the Study

This study will focus on the knowledge of police

officers of Mondragon Northern Samar regarding Human Rights

Law, document profile of the respondents in terms of age,

civil status, rank and years in service. This is limited to

the active police officers of Mondragon, Northern Samar,

their higher officials and the citizens the limitations in

conducting data gathering due to the restrictions brought by

the COVID-19 pandemic.

Theoretical Framework

  United Nations Universal Declaration of Human

Rights laid out the general principles of human rights,

there has been a split between what have been regarded as

civil and political rights as opposed to economic, cultural

and social rights.  It was, in fact, the denial that both


7

could be considered “rights” that prevented them from being

included in the same covenant.1

This study agrees to the aforementioned theory because

the competence of the police officers will make citizens and

their leaders at peace knowing that they are safe and

secured by reliable police officers.

Conceptual Framework

This study is centered in identifying the knowledge of

police officers of Mondragon, Northern Samar regarding Human

Rights Law and whether their competence is enough or not to

secure the citizens of Mondragon.2

Paradigm
11
Literature-Review-On-Human-Rights-Law/http://www.ipl.org/essay.Retrieved June 1, 2006.

2
Ibid.
8

Input Process Output

The Socio-
demographic
profile of the
respondents in
terms of; Recommendations
The level of to improve and
1.1 Age knowledge of the enhance their
1.2 Civil respondents level of
Status regarding human knowledge on
1.3 Educational rights human rights law
Attainemnt
1.4 Rank
1.5 Years in
service

Figure 1. The model illustrates the relationship between

the three major parts of the research paradigm namely the

Input, Process, and Output.

The Input was to determine the socio-demographic

profile of the respondents in terms of age, civil status,

educational attainment, rank and years of service.

The process was to ascertain the respondent’s level of

knowledge regarding Human Rights Law to find out if the

respondents have enough knowledge to handle and secure the

citizen rights in Mondragon Northern Samar.


9

The Output or the Outcome of the study was focused on

the recommendations forwarded by the respondents to the

higher officials of their organization.


10

Definition of Terms

For better understanding the following terms used in

this study were conceptually and operationally defined:

Citizen. Conceptually defined as the legally recognized

subject or national of a state or commonwealth, either

native or naturalized. A member of a state, nation, or other

political community compared to an alien.3

Human Rights. Conceptually defined as the rights are

the basic rights of every individual against the state or

any other public authority as a member of the human family

irrespective of any other consideration. A right that

organized politically or worship freely, thought of as

belonging inherently to each human being and not to be taken

away or interfered with by arbitrary or repressive

4
government actions.

Knowledge. Conceptually, it is defined as to awareness

or familiarity gained by experience of a fact or situation.

The body of facts, principles, etc. acquired through human

experience and though.5

3
Collinsdictionary.com/dictionary/English/citizen.

4
Webster New World College Dictionary, 4 th Edition. Copyright © 2010 by Houghton Mifflin
Harcourt. All rights reserved.

5
Ibid.
11

Officials. Conceptually refer to person holding office

or having official duties, especially as a representative of

an organization or government department. A person who holds

a position in an organization, government department, etc.

esp subordinate position.6

Police Officer. Protect life and property through the

enforcement of laws and regulations, they are assigned

in proactively patrols and responds to calls for police

service. A person having officer rank on a police force. 7

Rank. Conceptually and operationally defined as a

position in the hierarchy of the armed forces. To accord or

be accorded a specific position in an organization, society,

or group.8

Responsibilities. It refers to a thing or fact of

having duty to deal with something or having control over

someone

Chapter II

REVIEW OF LITERATURE
6
Collins English Dictionary. Copyright © HarperCollins Publishers.

7
Most material © 2005, 1997, 1991 by Penguin Random House LLC. Modified entries © 2019 by
Penguin Random House LLC and HarperCollins Publishers Ltd.

8
Ibid.
12

A right is an entitlement. It is a claim which one

person can bring against another to the extent that by

exercising that right, he or she is not preventing another

person from exercising his or her right. Human rights are

universal legal entitlements possessed by each individual

human being, rich or poor, male or female. Such rights may

perhaps be violated but they can never be taken away. Human

rights are legal rights, which means that they are part of

the law.

It is also important to note that human rights are, in

addition, protected by the constitution and domestic laws of

most countries in the world. The fundamental principles

which underlie the modern laws of human rights have existed

throughout history. However, as explained in greater detail

below, it was not until the twentieth century that the

international community realized the need to develop minimum

standards for the treatment of citizens by their

governments.

Since the ratification of the Universal Human Rights

Declaration understanding of the Human Rights has developed

dramatically and shaped the political reality of many

states. And as society began to understand the role and


13

function of human rights, they began to practice it

domestically and internationally. However, the beginning of

practice lead to many disputes such as the role of human

rights, whether states are responsible, the influence of

powerful states, role of institutions, legitimacy of the

intervention as well as comparability of human rights

international agreements with domestic legislation. Each of

them will be analyzed in turn.

The definition of human rights has been developed by

Beitz, as a public normative practice of global scope, whose

central concern is to protect individuals against the

consequences of certain actions and omissions of their

governments. According to him, human rights must be defined

as international standards for the governments of states,

whose breach is a matter of international concern. It is

necessary to outline, that he adds to human rights agency

international, non-governmental organizations, individuals,

institutions. Unfortunately, today UHRD, main document

regulating human rights issues possess only non-binding

character. This concern has been also shared by Buchanan;

however, he seems to be more optimistic in the role of human

rights practice.9

9
Literature-Review-On-Human-Rights-Law/ https://www.ipl.org/essay. Retrieved June 1, 2006.
14

In order to explain the role that law enforcement

officials must play in the promotion and protection of human

rights; it is necessary to put human rights in context. This

calls for an explanation of the origin, status, scope and

purpose of human rights. Law enforcement officials must

understand how international human rights law (IHRL) affects

their individual task performance. This in turn requires

additional explanations of the consequences for domestic law

and for the fulfillment of a State’s obligations under

international law.

Since the ratification of the Universal Human rights

Declaration, understanding of the Human Rights has developed

dramatically and shaped the political reality of many

states. And as long as the society understood the role and

function of human rights, they begun practice it

domestically and internationally. However, the beginning of

practice lead to many disputes such as role of human rights,

whether states are responsible, the influence of powerful

states, role of institutions, legitimacy of the intervention

as well as comparability of human rights international

agreements with domestic legislation. Each of them will be

analyzed in turn.
15

The definition of human rights has been developed by

Beitz, as a public normative practice of global scope whose

central concern is to protect individuals against the

consequences of certain actions and omissions of their

governments. According to him, human rights have to be

defined as international standards for the governments of

states, whose breach is a matter of international concern.

It is necessary to outline, that he adds to human rights

agency international, non-governmental organizations,

individuals, institutions. Unfortunately, today UHRD, main

document regulating human rights issues possess only non-

binding character. This concern has been also shared however

he seems to be more optimistic to the role of human rights

practice.10

There is a significant debate in the literature over

the definition of human rights. At the most basic level,

human rights are “the rights one has simply because one is a

human being.” Framed this way, the concept puts all

individuals on equal footing: human rights are inalienable

and universal. If one is a human being, one is entitled to

human rights. Donnelly’s claim draws directly on

foundational international human rights documents—such as


10
Ibid.
16

the Universal Declaration of Human Rights, which grounds its

set of human rights in “the inherent dignity and equal and

inalienable rights of all members of the human family.”

These foundational international legal guarantees in turn

directly inform the understanding of human rights

articulated by the UN Office of the High Commissioner for

Human Rights (OHCHR) and are drawn on by USAID: “human

rights are inherent to all human beings, irrespective of any

other status, generally expressed as universal legal

guarantees.”

These universal definitions appear straightforward, but

that assumption obscures many critical discussions. Although

appeals to the universality, indivisibility, and

inalienability of human rights are common, the articulation

of specific human rights guarantees is rife with scholarly

and political contention.

For example, do human rights apply to groups in the

same way as to individuals? These disagreements over

definition have important consequences not just for

academics but for on-the ground grassroots struggles for

human rights, a critical issue that we will discuss later.

Thus, to meet the objectives of our main research question,

we survey how the scholarly literature on human rights


17

contention from below addresses three broad topics that

influence our understanding of “human rights”: 1) what are

the types of rights for which people fight, 2) how the human

rights discourse has changed over time, and 3) how scholars

have attempted to study and measure concepts related to

human rights and to contention over rights protection.11

Although the history of human rights can be traced back

to the 6th Century, it is generally accepted that the

creation of the United Nations [UN] in 1946 and the General

Assembly adoption of the Universal Declaration of Human

Rights [UDHR] in 1948 marks the emergence of modern human

rights. After the Second World War, the creation of the UDHR

was deemed essential to prevent the reoccurrence of the

horrors of the war. With the participation of persons from

diverse cultural backgrounds, from various parts of the

world and under the leadership of Eleanor Roosevelt, it

was decided that the primacy of human dignity would become

the corner stone to ensure a life free from injustice (UN,

2019a). The member States agreed on a final document that

would be the moral foundation for binding treaties to ensure

"freedom, justice and peace in the world" for all regardless

of any personal status (UDHR, 1948, Preamble).

11
Struggles from Below: Literature Review on Human Rights Struggles by Domestic Actors, ?

( 2017, February 17page 6University of Denver USAID/DCHA/DRG Working Papers Series.


18

In conjunction with the International Covenant on Civil

and Political Rights and the International Covenant on

Social, Economic and Cultural Rights they form what it is

known as the International Bill of Human Rights (Office of

the High Commissioner for Human Rights). Since this time,

many other conventions have been created and regional and

national laws also bean to incorporate international legally

binding articles into their legislative framework. This

reflects the spirit of the UDHR to form a web of

“comprehensive legally binding systems for the promotion and

protection of human rights.”

The core principle of the UDHR, that is the

universality of human rights, and can be found in the

preamble and in article 1: "All human beings are born free

and equal in dignity and rights." Drawing from Starkey and

his interpretation of the European Convention on Human

Rights and Fundamental Freedoms (ECHR), Osler (2005)

explains that “democracy and freedoms alone are not enough

to guarantee justice and peace, since unrestricted freedom

could lead to chaos: equality, rights and dignity are also

in place, in tension with freedoms.12

12
Ibid.
19

Therefore, security dependents on the human rights’

universality, indivisibility, reciprocity and solidarity to

ensure that diversity coexists in peace in a democratic

multicultural society (Osler, 2005). To enforce security,

the police force must work with procedural values towards

peaceful resolution of conflicts where individuals show

respect, tolerance and engage in dialogue (Osler, 2005). The

UDHR is a declaration that is not legally binding unlike the

additional two bonding treaties that make up the

International Bill of Human Rights and ratified by a number

of member states. In adhering to the bounding treaties,

“States assume obligations and duties under international

law to respect, to protect and to fulfill human rights.”

Therefore, governments must respect human rights; they

should protect the people from human rights abuses; and they

must take the means to fulfill the enjoyment of human rights

in, for instance, passing bills or creating ways to ensure

the four freedoms: freedom from want and fear and freedom of

speech and worship (Osler and Starkey, 2010). However, it is

important to remember that these rights are not absolute.

Laws may create reasonable limitations, like in the case of

policing, to maintain public order in a democratic society.


20

However, other rights, such as the right to be free from

torture or to be held in captivity are absolute.13

Regardless of whether or not their human rights work

directly relates to policing, human rights defenders may

come into contact with police officers carrying out their

law enforcement duties. Such encounters do not necessarily

have to be a negative experience. When organizing or

participating in assemblies, for example, police may

facilitate the event or protect defenders against counter

demonstrations, hence adding to the safety of the human

rights defenders and protecting their right to freedom of

peaceful assembly. Often, however, human rights defenders

will find police interfering with, rather than facilitating,

their work. Human rights defenders may find themselves being

(arbitrarily) arrested, subjected to (excessive) police

surveillance, or becoming subject to criminal investigations

against themselves or as witnesses in investigations against

the people whose human rights they are seeking to promote

and protect. It further has to be acknowledged that in many

countries, domestic legislation becomes more and more

restrictive with regard to the work of human rights

13
(June 2019) Exploring Human Rights in the Police Education. June2019 The Emergence of the
Modern Human Rights Project and the Birth of Human Rights Laws.
21

defenders, placing their activities, and to an extent the

defenders themselves, outside the law. Some examples are:

Laws that restrict the right to peaceful assembly,

using notification requirements as de facto authorization

requirements, and criminalizing those who attend

unauthorized assemblies.

Laws that introduce registration requirements for NGOs

including conditions that are difficult or impossible to

meet, or that are used to suppress organizations that

represent a view not supported by the state, and – similarly

– criminalizing those who are considered to be part of an

“illegal organization”. Laws that limit freedom of

expression, for example by enabling government censorship.

Laws that limit freedom of expression, for example by

enabling government censorship.

Laws make criticism or insult of the government a

criminal offence.

Laws that criminalize the defense of certain rights,

such as the rights of lesbian, gay, bisexual, transgender

and intersex (LGBTI) people. While such laws might be in

themselves in contradiction to international human rights

standards, law enforcement officials have to


22

enforce domestic legislation and are thus often the ones who

have to intervene if human rights defenders act in breach of

domestic law.

Regardless of the domestic framework they are working

in, it is crucial for human rights defenders to have an

understanding of the legal and operational framework of the

police. This includes familiarity with the obligations that

national law imposes on them as well as the level of

discretion they have and how they use their discretion. This

will help human rights defenders to assess what they can

expect from police and to communicate effectively, to avoid

or at least mitigate the negative effects of encounters with

the police as well as to have a positive impact on police

behavior where appropriate and feasible. Human rights

defenders and police enforcing the law.14

Human Rights form the basis for police agencies that

will serve and protect all the communities in Tanzania in an

impartial and professional manner. It is important for all

police officers to respect the human rights of all the

people that they deal with on a daily basis and all persons

in their custody and care. It is also important for the

community to understand the role of the police officers.

14
Criminalization pdf http://www.oas.org/en/iachr/reports/pdfs/May 21, 2016.pdf
23

This is even more so during the period of elections where

police offer is expected to uphold the law, respect the

rights of every person while being impartial and

professional.

Police officers have a very important role in the

protection of human rights because of the fact that they are

dealing with people on a daily basis, especially with people

who are suspected of committing crime and people who were

the victims of crime. This is even more so during the run up

to the election, during and after the election process where

citizens will be more active in expressing themselves,

holding meetings, rallies and processions. It is therefore

important for police officers to understand their role as

law enforcement officials and as protectors and enforcers of

human rights. Police officers should also understand the

basic principles of performing their duty with human rights

as the basis for their actions. Police officers are in the

position to legally limit some of the very fundamental

rights of people, especially people who are suspected of

committing a crime, for example during arrest, detention,

investigation and searches, and managing crowds and

maintenance of public order. There are however factors to

take into consideration when limiting rights.


24

1.2. What are human rights?

There are many definitions of human rights and people

differ about the importance of different rights. Human

rights have been defined as ‘generally accepted principles

of fairness and justice’ or ‘moral rights that belong

equally to all people simply because they are human beings’.

This means that human rights belong to all people. There are

a few principles that can be applied to explain human

rights.

Provides Minimum Protection

Human rights are the minimum protection that all human

beings have the right to enjoy because they are humans.

Human rights provide a moral recognition of the dignity and

equality of all humans and the need to give all humans an

opportunity to develop fully.

Inherent

Human beings are born free and equal in dignity and

rights this means that their rights are inherent - not

given, bought, earned or inherited. Just because you are

born, you have human rights.


25

Universal

Human rights apply to all human beings. Human rights

are generally accepted principles. Human rights are the same

for all regardless of race, sexuality, gender, religion,

ethnicity, possible disability, political or other opinion,

social or national origin - they are universal because they

are the same for everyone in the world. They are also

internationally guaranteed.

Inalienable

Human rights cannot be waived or taken away - they are

inalienable. Human rights cannot be renounced, lost or

forfeited. Some human rights can however be limited - but

only in accordance with the laws of a democratic society and

only to the extent necessary in order to protect the rights

of others. The principles of proportionality, legality,

accountability and necessity should guide police officers

when limiting the rights of a person. Police officers should

also be able to justify their actions and also be able to

indicate that they were reasonable in their actions.

Equality
26

All people have the same human rights. As long as you

are a human being you are entitled to human rights.15

Therefore, all human beings have the right to equal

protection of their rights and to equal treatment by law

enforcement officers. Police officers may not discriminate

against any person by for example treating them differently

because of a person’s’ race, gender, color, sexuality,

language, religion, possible disability, political or other

opinion, national or social origin, property, birth or other

status.

Indivisible

Human rights are based on the principle of respect for

human dignity. In order to live in dignity, all human beings

are entitled to freedom, security and decent standards of

living all at the same time - human rights cannot be divided

up, they are all interconnected and inter dependent, they

are indivisible.

Fundamental

Life, dignity, and other human values depend on them.

Human rights form the basis of every human being.

Absolute

15
Ibid.
27

The core rights are absolute and cannot be limited.

Under International Law they are the right to life, the

right to be free from torture, the right to be free from

slavery and the right to be treated with dignity. However,

there are certain human rights that may be limited if

countervailing social interests are important enough, in

particular circumstances, for limited times and purposes to

the extent strictly necessary.

Obligation of the State

Human rights are a legal recognition of the obligation

of States to provide and guarantee these rights to the

humans under their control. These principles have to be

protected and promoted. Human rights may be protected

through a Constitution, a Bill of Rights or through the

ordinary laws of a country. In Tanzania there is special

legislation to protect human rights. Every person has the

right to enforce their rights, but sometimes human rights

can be limited or restricted if they conflict or interfere

with the rights of others. It is also important to respect

the human rights of other people so that they can also

respect your rights.

Why are human rights important for police officers? All

human beings have basic human rights, regardless of their


28

age, sex, ability or disability, social or economic

background, political opinion or ethnic and religious

background.16

These rights have to be respected and protected,

without discriminating against any group or individuals.

Discrimination refers to the unfair, unequal or prejudicial

treatment of individuals or groups, for example on the basis

of their age, sex, ethnic background or ability/disability.

The Tanzanian Constitution bans discrimination on any

grounds and numerous subsequent laws, government policies,

action plans and the like have further outlined the

necessity to pay particular attention to the needs of women,

people with disabilities, youth and other vulnerable groups.

All citizens have equal rights and must be treated equally

in front of the law. Ensuring equality and non-

discrimination may at times mean treating people differently

in order to ensure that they are able to exercise their

rights, for example assisting people with disabilities (PWD)

in accessing services or ensuring elderly people or pregnant

women are not exposed to strenuous situation. Police

officers are in a very unique position. They work with

people who break the law and abuse other people’s human

16
Ibid.
29

rights. During election time even more so where different

opposition parties try to undermine each other and try to

stop each other from having meetings, rallies, marches where

they express their rights to freely express themselves or

associate with their own political parties.

During this period police officers have to be even

more vigilant not to be seen to side with one group or

political party. Police officers must therefore not only be

impartial but must also be seen to be impartial.

In the context of elections, they need to ensure

citizens are able to vote/participate otherwise in political

processes, free from discrimination, verbal or physical

abuse, harassment, and violence, including of a sexual or

gendered nature.

When police deal with members of the public especially

if these people are suspects police have a very important

responsibility to respect, protect and promote the basic

human rights of every person. Unfortunately, police officers

are not only in the position to respect and protect human

rights, but also to abuse the human rights of people. It is

therefore very important for police officers to know and

understand their role in respecting and protecting human

rights. Police officers should not only know the human


30

rights of suspects or people in detention, but should also

know how to apply these rights, and should also know how to

protect and respect these rights against abuse by others,

including violations of rights by other police officers.

Another aspect of human rights that is equally important for

police agencies is the fact that police officers are also

human beings, and therefore also have basic human rights

that should also be respected and protected. An example

would be the right of police officers to have good working

conditions. This also includes the right of all officers to

be treated with respect and without discrimination

regardless of rank; position; age; sex; social, religious or

ethnic background and ability/disability. Police services

also need to be provided in a way that is in line with

regulations and enables people with particular needs to

access these.

For example, cases of sexual and gender-based violence

(SGBV) and child abuse (CA) need to be handled in an

environment which guarantees confidentiality, while for

example elderly and persons with disabilities may not be

able to access offices if lengthy staircases are involved.

Police officers also have to respect and protect the rights

of victims and vulnerable groups in society. They are there


31

to protect and serve the community they work in. In the

context of elections, particular groups may be faced with

particular needs and vulnerabilities or threats which police

officers need to be aware of and, where necessary and

mandated to do so, respond to.

These can for example be women, elderly or people with

disabilities whose democratic right to vote is being

obstructed; young men who are pressured to join political

party youth groups; female candidates who are subjected to

verbal and physical abuse, or threats thereof; people with

albinism, children or vulnerable men/women who are targeted

due to alleged witchcraft practices; people who are sexually

harassed be it at campaign rallies or during voting; real or

suspected supporters of one party who are attacked or

threatened by another party’s supporters or uninvolved

persons caught in tensions or violence between supporters of

opposing parties.

Police officers can be seen as the first line of

protection of human rights. These rights cannot be taken

away arbitrarily and without legal justification. In certain

instances, for example when a person breaks the law and

commits a crime some human rights may be limited by police

officers, by for example arrest, detention, use of force,


32

searches, to name a few. When these rights are limited there

are important issues that have to be taken into account.

Limitations should be necessary, they should be legal,

justifiable and proportional, police officers’ behavior

should also be ethical, and it is also important to realize

that the police officers may be held accountable for their

actions.

Police officers should know and understand the rights

of every person in society. The reason for this is that

police officers should be able to understand, respect and

protect the human rights of every person that they deal with

or who is under their control or in their custody or care.

When they limit the rights of suspected criminals, they

should be able to understand how they should apply the human

rights principles and under what circumstances they may be

able to limit rights. 17

17
Human Rights, Gender and Role of Police in Democratic Elections Training
Manual/https://www.lpl.org. (June 25, 2005)
33

Chapter III

METHODOLOGY

Locale of the Study

This study was conducted in the Municipality of

Mondragon Northern Samar. Mondragon is a 3rd class coastal

municipality of Northern Samar Province in Eastern Visayas

Region, Philippines. The municipal center of Mondragon is

situated at approximately 12° 31' North, 124° 45' East, in


34

the island of Samar. Elevation at these coordinates is

estimated at 6.8 meters or 22.2 feet above mean sea level.

The municipality has a land area of 288.90 square

kilometers or 111.54 square miles which constitutes 7.82% of

Northern Samar's total area.18

Research Design

This study utilized a descriptive type of research

specifically survey design.

A survey method was used to measure the existing

phenomenon and to use the data for problem solving.

Population and Sampling Technique

This study used complete enumeration of the Police

Officers in the Municipal Police Station in Mondragon,

Northern Samar.

The Respondents

The respondents of this study were 20 Police Officers

in the municipality of Mondragon, Northern Samar.

Research Instrument

18
PhilAtlas.from the website. https://www.Philatlas.com.Retrieved September 13,2021.
35

A survey questionnaire was used to gather data needed

in this study. The researchers used this instrument to

ensure that the respondents would personally to answer all

the queries stated therein.

The instrument was composed of three (3) parts. Part 1

dealt with the profile of the police offers, in terms of

age, civil status, educational attainment, rank, and years

in service. Part 2 ascertained the level of knowledge of

Police Officers in Human Rights in Mondragon Northern Samar.

And Part 3 dealt on the recommendations to the higher

official forwarded by the respondents of the study.

Validation of the Research Instrument

The research instrument used in this study was

submitted to the research adviser and professor for its

refinement and improvement so that it would cover all the

needed information that are crucial in answering the

research problems raised in the study. After the pre-

testing, the instrument was revised to improve its face and

content validity.

Scoring and Interpretation of Data


36

Scoring and Interpretation of Data for more

understandable interpretation of the statistical methods

such as frequency and percentage distribution, numerical

schedules were used.

Age. The ages of the respondents were tabulated; the

mean was computed.

21- 25 – 10%

26-30 – 20%

31-35 – 60%

36- 40 – 10%

Civil Status. This was categorized into single,

married, and widower/widow.

These were presented with the following codes:

Single – 4

Married – 6

Widow/er – 0

Frequency counts and percentages were determined.

Educational Attainment. This was categorized into

college level, college graduate and post graduate. These

were presented with the following codes:

College Level - 0
37

College Graduate – 10

Post Graduate – 0

Frequency counts and percentages were determined.

Rank. This was categorized according to their status of

employment.

Frequency counts and percentages were determined.

Year’s in Service. This was categorized according to

the knowledge they know about Human Rights Law. Frequency

counts percentage were determined.

Data Gathering Procedure

This study was designed to determine the level of

knowledge of Police Officers in Human Rights of Mondragon,

Northern Samar.

The researchers asked a permission to the Chief of

Police of Mondragon Police Station to conduct this study.

Upon approval, the researchers started gathering the data

and information through the use of the provided survey

questionnaire to walk through the success of this

undertaking. And finally, right after the data gathering,

the researchers collected, recorded, tallied and tabulated

the data to facilitate the statistical computation, analysis

and interpretation.
38

Statistical Treatment of Data

The gathered data were tabulated and analyzed

statistically using frequency counts, percentage and

ranking.

Where:

P – is percentage

f – is the frequency count of responses

n - is the total number of cases

100 – is the constant multiplier

Chapter IV

PRESENTATION, ANALYSIS, AND INTERPRETATION OF DATA

Profile of the Police Officers

Age

The data in Table 1 shows the distribution of the

respondents according to age category. The age categories

from 21-25, 26-30, 31-35, 36-40 and 40 above. The data


39

revealed that 21-25 years of age was 10 percent of the

respondents, 26-30 was 20 percent of the respondents, 31-35

was 60 percent of the respondents and the 40 above of age

was 10 percent of the respondents. The data revealed that

majority of the police officers in Mondragon Northern Samar

were age of 31-35 years old. This indicates that on that

age, they were capable of enforcing the laws in the

community.

Civil Status

The data in Table 1 shows the distribution of the

respondents according to civil status. The civil status was

distributed as to single, married and widow. The data

revealed that 4 or 40 percent of the respondents were single

while 6 or 60 percent was married.

The data revealed that the police officers in Mondragon

Northern Samar were generally married. This indicates that

police officers were usually married and working for their

families. This finding is supported by the study of White as

family seems to act as a support system of an individual.

Educational Attainment
40

The data in Table 1 shows the distribution of

respondents according to educational attainment. The

educational attainment was categorized as college level,

college graduate, and post graduate. The data revealed that

100 percent of police officers were college graduate. It can

be noted that they have acquired baccalaureate degrees since

this is the minimum qualification for the police officers.

Rank

The data in Table 1 show the rank of the respondents.

It was categorized as Patrolman/Patrolwoman, Police

Corporal, Police Staff Sergeant, Police Master Sergeant,

Police Senior Master Sergeant, Police Chief Master Sergeant.

The data revealed that 3 or 30 percent were

patrolman/patrolwoman, 4 or 40 percent was Police Corporal,

1 or 10 percent was police officer III(PO3), 1 or 10 percent

was police master sergeant, and 1 or 10 percent was police

chief master sergeant. It indicates that majority of the

police officers were police officer II(PO2).

Years in Service

The data on Table 1 show the years in service as police

officers. The years in service were categorized as 1-5


41

years, 6-10 years, 11-15 years, 16-20 years and 21 above

years.

The data revealed that 1-5 years was 30 percent, 6-10

years was 40 percent, 11-15 years was 20 percent and 16-20

years were service was 10 percent. The data revealed that 3

or 30 percent of the respondents had short years in service

while 1 or 10 percent had long years in service. This

indicates that majority of the police officers were old

enough in the service and knowledgeable enough in enforcing

the laws.

Table 1
Respondents’ Profile

____________________________________________________________
_____Profile________ __Frequency___________ _Percent____
Age
21-25 1 10
26-30 2 20
31-35 6 60
40 Above 1 10
________________________________________________________________________
________Total______________ _ _ __10_____________________ 100__________
Civil Status

Single 4 40
42

Married 6 60
________Total___________ ______ _10______________________100__________
Educational Attainment

College Level 10 100


______________________________________________________________________________
_______Total__________ ______ __ 10______________________100_________
Years in Service

1-5 3 30
6-10 4 40
11-15 2 20
16-20 1 10

________Total______________ 10___________ _____ ____100__________


Rank

Patrolman/ Patrolwoman 3 30
Police Corporal 3 30
Police Master Sergeant 1 10
Police Staff Sergeant 1 10
Police Senior Sergeant 1 10
Police Chief Master Sergeant 1 10
___________________________________________________________
_______Total________________ __10_____________ _____100________

Level of Knowledge of Police Officers on human rights Law in

Mondragon, Northern Samar

The data in Table 2.1 show the correct and wrong

answers of the police officers relative to the Human Rights

Law.

Table 2.1
43

Level of Knowledge of Police Officers on Human Rights Law in

Mondragon, Northern Samar

Knowledge of Police Officers Correct


on Human Rights Law answer Wrong answer
frequency frequency
1.The police must treat
everyone exactly in the same 10 0
way.
2.Can the government take 5 5
away our human rights law?
3.Human rights being 5 5
privilege?
4.Does the police officer
have the duty to protect the 10 0
citizen’s human rights?
5.The Philippine National
Police is the organization
responsible for making sure
people in the Philippines 10 0
have their human rights
respected and protected?
6.Human rights are parts of 10 0
the manual of the PNP.
7. Every citizen has right
to say whatever they wanted 10 0
to say.
8. Do individuals as well as
Government have obligations? 10 0
9. Everyone has duties to
the community in which alone
free and full development of 10 0
his personality is possible.
10. All human rights are
equally important. Both
civilian and officers have 10 0
the right of everything they
do.
11.Officers should realize
human rights when resources 7 3
are limited.
12. A right is meaningless
without corresponding 10 0
44

responsibility or duty on
someone else part.
13. Human Rights is
applicable when police power 10 0
is applied.
14. The right of the
Filipino can be found in 10 0
Article 3 of 1987 Philippine
Constitution
15. Police officer should be
aware in what types of 7 3
services the citizen wants.
16. Assisting citizens in
need is just as important as 10 0
enforcing the law.
17. Police should treat the
people as other members of 10 0
the community fairly.
18. Police should favor rich
citizens and ignore poor 10 0
citizens.
19. Give utmost respect to
the citizens despite their 10 0
financial status.
20. The right of citizen
should be always 10 0
prioritized.
21. Cause harm and fear to 6 4
the citizens.
22. There is a minimum age
to learn about human rights. 7 3
23. Everyone has the same 10 0
human rights, everywhere.
24. Do women have equal 10 0
rights with men?
25. Are sexual and
reproductive health issues 8 2
protected by international
human rights?

Summary Table on the Level of Knowledge of the Respondents


45

The data in Table 2.2 show the level of Knowledge of

the police officers. The data revealed that the police

officers were very much knowledgeable when it comes to human

right law.

Table 2.2

Summary Table on the Level of Knowledge of the Respondents

Level Frequency Percentage

Very much knowledgeable 9 90


Much knowledgeable 1 10
Knowledgeable 0 0
Less knowledgeable 0 0
Not knowledgeable 0 0
Total 10 100%

Recommendations Forwarded by the Respondents

The data in table 3 compiled the recommendations to the

higher official of the agency forwarded by the respondents.

It revealed that the police officers recommended that they

should review policies, practice to perform well the human

rights law of the following: Increase the capacity of the

police to pursue human rights as a core mission. Become more

focused on the legal rights of people that come under the

law, review policies practices, and system clearly focused


46

on systematically identifying police misuse of authority and

the law. Training in the role of the police in securing,

upholding, and re affirming human rights to add to the value

base of policing and underscore good practice and include

the recognition that communities are both the source and

solution to many but not all local problems.

Table 3

Recommendations to Higher Officials Forwarded by the Respondents

LEVEL OF KNOWLEDGE OF POLICE OFFICER ON HUMAN RIGHTS LAW

1.Increase the capacity of the police to pursue human

rights as a core mission.

2.Become more focused on the legal rights of people that

come under the law.

3.Review policies, practices, and systems clearly focused

on systematically identifying police misuse of authority


47

and the law.

4.Training in the role of the police in securing,

upholding, and reaffirming human rights to add to the

value base of policing and underscore good police

practice.

5.Include the recognition that communities are the source

and solution to many but not all local problems

Chapter V

SUMMARY, CONCLUSIONS AND IMPLICATIONS, AND RECOMMENDATIONS

Summary

This study was conceptualized to determine the level of

knowledge of police officers on Human Rights Law in

Mondragon Northern Samar. Specifically, this attempted to

determine the profile of the respondents in terms of age,

civil status, rank, and years of service, to ascertain the

level of knowledge of police officers on human rights law;

to discern the recommendations from the respondents to


48

improve their knowledge and become more knowledgeable on

Human Rights Law.

This study was conducted in the Municipality of

Mondragon particularly in Mondragon police station, utilized

a survey questionnaire to gather the data. A survey

questionnaire that was used in this study was made by the

researchers, percentage, and frequency counts and were the

statistical treatment data used.

Majority of the respondents were 31 to 35 years old;

married; college graduates; and experienced in service. The

respondents had a high level of knowledge on human rights

law, they did not focus only on one situation. They highly

analyzed the problem to ensure the safety and security of

the citizens.

Police officers can guarantee the safety of the

citizens in the said municipality as they know how to handle

a specific situation not compromising the rights of people.

The police officers still wanted to make sure that they will

improve their knowledge not because they already have enough

knowledge but to learn more about human rights law for a

better public service.

Conclusions and Implications


49

The following conclusions and implications were drawn

based on the findings of the study.

Most of the respondents were ages 35 years old, college

graduates, and experienced enough in service.

Majority of the respondents were 30 to 35. This implies

that with their age, they still have a better memory and

have enough knowledge about human rights law and they are

capable enough to secure the safety of the citizens.

Most of the respondents were married. This indicates

that they know how to manage their time, responsibilities,

duties, and priorities.

The respondents were college graduates. This indicates

that a police officer should be a degree holder since it is

required in this profession and job. Most of the respondents

had long years in service. This indicates that majority of

the police officers had spent more than 5 years in their

service.

The respondents had high level of knowledge on human

rights law. The data revealed that the police officers can

secure the safety of the citizens in the municipality of

Mondragon.

The police officers wanted to improve their level of

knowledge and cited recommendations of the same. The


50

improvement of their knowledge on said will be the big help

the law.

Recommendations

Based on the conclusions and implications drawn the

following recommendations are forwarded by the respondents

to the higher officials of agency:

1. Increase the capacity of the police to pursue human

rights as a core mission.

2. Become more focused on the legal rights of people that

come under the law.

3. Review policies, practices, and systems clearly focused

on systematically identifying police misuse of

authority and the law.

4. Training in the role of the police in securing,

upholding, and reaffirming human rights to add to the

value base of policing and underscore good police

practice.

5. Include the recognition that communities are both the

source and solution to many but not all local problems.


51

LITERATURE CITED

Bunchaman Beitz (2009). Exploring Human Rights in the

Police Education.

Beitz B. (2005).Human Rights, Gender and the Role of Police

Democratic Elections - Training Manual.

June 15, 2015.

Collinsdictionary.com/dictionary/English/citizen.

Collins English Dictionary. Copyright © HarperCollins


Publishers.

Donnelly Paris (2015). The Emergence of the Modern Human

Rights Project and the Birth of Human Rights Laws. June

6,2019.

Exploring Human Rights in the Police Education.


52

3.1 The Emergence of the Modern Human Rights Project

and the Birth of Human Rights Laws.

Georgi & Seberich, June 2004-2005;


Osler Human Rights Law UN,1948
Literature-Review On Human Rights from the website.

https://www.ipl.org/essay/March 26 2002.

Merriam-webster from the website/


http://www.com.merriam webster.1831

Most material © 2005, 1997, 1991 by Penguin Random House


LLC. Modified entries © 2019 by Penguin Random House LLC and
HarperCollins Publishers Ltd.

PhilAtlas.from the website: https://www.com

Philatlas.com.Retrieved September 13,2021.

Reports/pdfs/criminalization/

http://www.oas.org/en/iachrJune2016.pdf/

Webster New World College Dictionary, 4th Edition. Copyright


© 2010 by Houghton Mifflin Harcourt. All rights reserved.

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