LESSON 1

Conventions – Formal agreements, which are legally binding on contracting states; also referred to as
treaty
UN Human Rights Office of the High Commissioner – A United Nations Agency responsible for
promoting and protecting human rights
Introduction

In the previous lessons, we journeyed back to the historical antecedents of human rights as a
principle and concept. We discussed how it evolved across time and space-from the earlier
civilizations to the establishment of the United Nations to the contemporary appreciation of
rights and its fundamental characteristics.
In this lesson, we will briefly discuss various international conventions as Enumerated by the UN
Human Rights Office of the High Commissioner (OHCHR). Conventions are formal agreements,
which are legally binding to contracting states.
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Adopted on December 21, 1965, this convention upholds that “the existence of racial barriers is
repugnant to the ideals of any human society.” Therefore, it seeks to combat all forms of racial
discrimination, defined as “any distinction, exclusion, Restriction, or preference based on race,
color, descent, or national or ethnic origin Which has the purpose or effect of nullifying or
impairing the recognition, enjoyment Or exercise, on an equal footing, of human rights and
fundamental freedoms in the Political, economic, social, cultural, or any other field of public
life” (Part I, Article
1, Paragraph 1; ICERD).
The specific rights identified in this convention can be found in Part I, Article
5. Some of these rights are as follows:
(a) equal treatment before tribunals and other Organs administering justice,
(b) right to security of person and protection by the State,
(c) political rights, (d) civil rights, and
(e) right to access to any place or service For public use.
International Covenant on Civil and Political Rights (ICCPR)
Adopted on December 16, 1966, this convention states that “by virtue of that right they freely
determine their political status and freely pursue their economic, social, and cultural
development” (Part I, Article 1, Paragraph 1; ICCPR).
Some of the salient provisions in this convention are as follows: (a) right to Self-determination
(Art. 1); (b) right to effective remedy, determined by competent Authorities (Art. 2); (c) inherent
right to life (Art. 4), with provisions on death penalty in countries imposing such; (d) prohibition
on torture and other forms of cruel and inhuman treatment/punishment, with emphasis on the
need for consent when participating in human experimentation; (e) prohibition on slavery and
forced/ compulsory labor; (f) right to fair trial and presumption of innocence (Art. 14); (g) Right
to freedom of thought and opinion (Art. 18-19); and others.
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Adopted on December 16, 1966, this convention provides “to ensure the equal Right of men
and women to the enjoyment of all economic, social, and cultural rights.” Some of the
economic, social, and cultural rights identified are as follows:
(a)Right to work and just and favorable conditions at work (Art. 6-7); (b) right to Form trade
unions and the right to strike, as long as in conformity with the laws Of the country (Art. 8); (c)
right to social security, social protection, and adequate Standard of living (Art. 9-11); (d) right to
highest attainable standard of health- Both physical and mental (Art. 12); (e) right to education
(Art. 13-14); and (f) right To cultural rights, enjoyment of scientific progress and technologies,
and enjoyment Of benefits from one’s creative production (Art. 15), among others.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Adopted on December 18, 1979, this convention upholds the equality of rights Of men and
women in line with existing international covenants on human rights. However, the same
recognizes that despite these instruments, the discrimination of Women persists, which
necessitates the creation of this specific treaty.
The convention defines “discrimination against women” as “any distinction, Exclusion, or
restriction made on the basis of sex which has the effect or purpose of Impairing or nullifying
the recognition, enjoyment, or exercise by women” (Art. 1).
Specific provisions of the convention include: (a) an embodiment of gender Equality in national
laws (Art. 2); (b) ensuring women development (Art. 2); and (3) gender equity in political and
civil endeavors (Art. 7-9), education (Art. 10), Employment (Art. 11), and health care (Art. 12),
among others.
SHARED NEEDS
MALE ONLY FEMALE ONLY

Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment (CAT)
Adopted on December 10, 1984, this convention was anchored on the Universal Declaration of
Human Rights and the ICCPR. It upholds that “no one shall be Subjected to torture or to cruel,
inhuman, or degrading treatment or punishment,”
Torture is defined by the convention as “any act by which severe pain or Suffering, whether
physical or mental, is intentionally inflicted on a person for Such purposes as obtaining from
him or a third person information or a confession, Punishing him for an act he or a third person
has committed or is suspected of Having committed, or intimidating or coercing him or a third
person, or for any Reason based on discrimination of any kind, when such pain or suffering is
inflicted By or at the instigation of or with the consent or acquiescence of a public official or
Other person acting in an official capacity” (Art. 1).
It prohibits return or extradition of a person when there is danger of torture in the Home
country (Art. 3). It also ensures that commission, complicity, or participation In torture is
considered as legal offenses (Art. 4) and that torture victims (and their Families, if the victim
dies) obtain redress and adequate compensation (Art. 14).
Other International Conventions
The Convention on the Rights of the Child (CRC), adopted on November 20, 1989, serves as the
foundation of the pillars of children’s rights, namely Survival (e.g., right to live), protection (e.g.,
right to be spared from abuses and Harm), development (e.g., right to maximize potential
through education), and Participation (e.g., right to be consulted in programs related to
children).
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICMW), adopted on December 19, 1990, Defines the
various types of migrant workers and taking from previous international Conventions of rights,
emphasized that they too apply to all individuals engaged in Remunerated activity in a country
in which one is not a citizen.
the International Convention for the Protection of All
Persons from Enforced Disappearance (CPED), adopted on December 20, 2006, Defines
enforced disappearance as “the arrest, detention, abduction, or any other Form of deprivation
of liberty by agents of the State or by persons or groups Of Persons acting with the
authorization, support, or acquiescence of the State, Followed by a refusal to acknowledge the
deprivation of liberty or by concealment Of the fate or whereabouts of the disappeared person,
which place such a person Outside the protection of the law” (Art. 2).
Finally, Convention on the Rights of Persons with Disabilities (CRPD), Adopted on December
13, 2006, seeks to protect the rights of persons with various Forms of disability.

Some Optional Protocols

Aside from the main treatises, there are optional protocols that aim Complement or
supplement existing ones. These optional protocols may clarify Or operationalize the provisions
of existing conventions or address contemporary Are implications and applications of the
instruments. Some of the optional protocols are As follows, with their respective dates of
adoption:
• Optional Protocol to the Covenant on Economic, Social, and Cultural Rights (December 10,
2008)
• Optional Protocol to the International Covenant on Civil and Political Rights (December 16,
1966)
• Second Optional Protocol to the International Covenant on Civil and political Rights, aiming at
the abolition of the death penalty (December 15, 1989)
• Optional Protocol to the Convention on the Elimination of Discrimination Against Women
(December 10, 1999).
• Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children
in Armed Conflict (May 25, 2000)
● Optional Protocol to the Convention on the Rights of the Child on the Sale Of Children, Child
Prostitution, and Child Pornography (May 25, 2000)
• Optional Protocol to the Convention on the Rights of the Child on a communications
Procedure (April 14, 2014)
• Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (December 18, 2002)
• Optional Protocol to the Convention on the Rights of Persons with Disabilities (December 12,
2006)
List of General International Human Rights Instruments
• Universal Declaration of Human Rights (1948)
• International Convention on the Elimination of All Forms of Racial Discrimination (1965)
• International Covenant on Civil and Political Rights (1966)
• International Covenant on Economic, Social, and Cultural Rights (1966)
• United Nations Convention on the Elimination of All Forms of Discrimination Against Women
(1979)
• Nations Convention on the Rights of the Child (1989)
•United Nations Convention on the Rights of Persons with Disabilities (2006)
• European Convention on Human Rights (1950)
• European Social Charter (1961)
• Charter of Fundamental Rights of the European Union (2000)
Summary
Human rights are valued across time and space. Wherever around the world, There are
fundamental rights that must be ensured to protect people of varying Contexts-children,
women and men, migrants, persons with disabilities – and in varying spheres-social, political,
and economic. The international conventions Discussed in this lesson, only show what nations
around the world deem as valuable In ensuring these rights.

LESSON 2: INSTITUTIONAL SETTING OF HUMAN RIGHTS

National Human Rights Institutions (NHRIs) – Institutions created for The promotion and
protection of human rights, especially of vulnerable and Marginalized groups
Paris Principles – Principles that enlighten the function of national human Rights institutions
Introduction
After discussing international frameworks on human rights, it is necessary to See how this very
important principle is embodied and actualized in an institutional Setting. Institutions serve as
infrastructures within which policies and programs Are realized and made tangible. Human
rights frameworks are enabled through a Functioning institution and system.
National Human Rights Institutions
There are many institutions involved in human rights protection and Promotion. However, by
“national human right institution,” what is being Pertained to is the institution “whose specific
functions are to promote and protect Human rights” (United Nations, 2007).
In the Philippines, the primary human rights institution is the Commission On Human Rights.
Created under the 1987 Constitution, the CHR was established Through Executive Order No.
163 on May 5, 1987. In a nutshell, the Commission is Tasked to investigate human rights
violations among vulnerable groups.
Internationally, NHRIS collaborate and cooperate through the Global Alliance For National
Human Rights Institutions (GANHRI), which is established in 2003. This international association
helps NHRIs link with UN Human Rights Council, Provides platform for cooperation, builds
capacities of NHRIS, assists NHRIs under Threat, and may also help governments establish
NHRIS (GANHRI, n.d.).
Functions and Types of NHRI
National human rights institutions have specific functions. First, they take Charge of handling
and facilitating human rights complaints. Second, they promote Access to information through
human rights education. Third, they are also tasked To provide legal reform recommendations
as necessary.
According to GANHRI (n.d.), the following are the types of models of NHRIS
Worldwide:
1.Human rights commissions. This NHRI is often focused on abuses Committed by individuals,
groups, or governments (Pinheiro & Baluarte, 2000)
2. Human rights ombudsman institutions. This NHRI is often focused on Abuses committed by
public officials or institutions (Pinheiro & Baluarte,2000).
3. Hybrid institutions. This is when the human rights commission also Takes on the function of
the ombudsman commission.
4. Consultative and advisory bodies. This is primarily focused on offering Legal
recommendations to enhance human rights protection and Promotion.
5. Institutes and centers. These are institutions focused on providing Support, conducting
research, and implementing human rights education For specific marginalized or vulnerable
group.
6. Multiple institutions. Sometimes, human rights protection and promotion Are made possible
through a collaboration of several institutions working Together.
Paris Principles
To guide the function of NHRIs, the UN adapted the Paris Principles in 1993 (United Nations
Human Rights Office of the High Commissioner, 1996-2021). These Principles guide the function
and afairs of NHRI. In a nutshell, the Paris Principles Uphold that NHRIs should:
• Be independent of the government, with such independence guaranteed
• Either by statutory law or constitutional provisions;
• Be pluralistic in their roles and membership;
• Have as broad a mandate as possible, capable, in the context of the Convention, of
collectively promoting, protecting, and monitoring the Implementation of all aspects of the
Convention through various means, Including the ability to make recommendations and
proposals concerning Existing and proposed laws and policies;”
• Have adequate powers of investigation, with the capacity to hear Complaints and transmit
them to the competent authorities;
• Be characterized by regular and effective functioning;
• adequately funded and not subject to financial control, which might Affect their
independence; and
• Be accessible to the general public and in the context of the Convention, Particularly to
persons with disabilities, including women with disabilities And children with disabilities, and
their representative organizations.
Summary
Institutions are embodiments of principles. Human rights, as a human value And guiding
philosophy, take a more concrete and active form through national Human rights institutions.
However, to function faithfully to its true nature, the NHRI should be enlightened by its own
fundamental principles, which should make It significantly fool-proof from its own abuse. In
current discourses on human rights, We are reminded that all of us are potential victims
inasmuch as all of us are potential Perpetrators-whether we are individuals, groups, or the
government. Hence, the NHRI as an independent body does not only protect us from others but
also ensures That we protect others from ourselves. This humble recognition is necessary for us
to Commit more personally to the promotion of human rights for all.

LESSON 3: HUMAN RIGHTS IN PHILIPPINE LAW ENFORCEMENT

Equal Protection – Everyone is entitled to equal protection of the law, without Discrimination
on any grounds, and especially against violence and other Threats. Be especially vigilant to
protect potentially vulnerable groups such As children, the elderly, women, refugees, displaced
persons, and members Of minority groups.
Respectful Treatment - all citizens and victims of crime with Compassion and respect, with
utmost consideration for their need for safety And privacy.
Use of Force – Do not use force, except when strictly necessary and to the Minimum extent
required under the circumstances.
Arresting Persons on Legal Grounds – Arrest persons only if there are legal Grounds to do so,
and the arrest is carried out in accordance with lawful Arrest procedures.
Detainee’s Rights – Ensure that all detainees, immediately after their arrest, Have access to
their family and lawyer. They must also be given immediate Medical assistance whenever
necessary.
Introduction
The incorporation of the study of human rights in the law enforcement service Is a growing and
a continuously evolving trend. In the performance of their duties As law enforcement agents, it
is indispensable, if not unavoidable to keep the Principles of human rights, particularly in
approaching an apprehended or arrested Person. The study of human rights goes hand in hand
with the law enforcement in The sense that every person, whether accused of a crime or not is
entitled to dignity And respect. Although much has been said about respect being a challenging
Feat, especially if confronted with such an emergency situation in the actual field, Particularly
when it comes to the proper treatment of persons arrested or persons Who just committed a
crime, if law enforcement agents keep the principles of human Rights in all facets of their duties
as protectors of the state, the people will surely gain Their trust and will be lauded for their
dignified treatment. The connection of the Study of human rights to law enforcement activities
is to regulate the movements of Iaw enforcement agents through a “human rights-based
approach” in dealing with Arrested persons, detainees, and other similar stakeholders.
Human rights are universal legal guarantees protecting individuals and Groups against actions
by governments that interfere with fundamental freedoms And human dignity.
Article 1 of the Universal Declaration of Human Rights provides that “all Human beings are born
free and equal in dignity and rights.” They are endowed With reason and conscience and should
act toward one another in a spirit of Brotherhood.
Thus, human rights are those fundamental rights that empower human beings To shape their
lives in accordance with liberty, equality, and respect for human Dignity.
Human rights can be correlated to the Golden Rule: do not do unto others What you do not
want others do unto you. Human rights focus on human dignity. Human rights may also include
ideas of freedom, justice, equality, and solidarity.
Individual Obligations in Human Rights
All human rights, regardless of category, are indivisible and interdependent- Realizing one right
is an essential condition for or is instrumental to realizing Other rights, such as the rights of the
suspects as enshrined and guaranteed by No less than the Constitution. Protection of human
rights is continually observed And subject to very defined exceptions. Protection of human
rights is essentially a Matter of learning and understanding the basic human rights of a person
and acting In accordance with those rights in dealing with every individual – whether the law
Enforcement’s side or the citizen’s side. This means that human rights must come From both
ends-the law enforcement agent must respect the rights and dignity of The person they are in
contact with, and the latter must respect the authority and Dignity of the law enforcement
agent.
State Obligations in Human Rights
Obligation to respect human rights: Refrain from illegal and disproportionate Actions. Avoid
unjustified interferences, such as the right to privacy and the sanctity Of a home. For example,
the law enforcement agent must conduct his or her search Or frisking to the extent of not
absolutely invading the right of the privacy of the Person arrested. Search incidental to a lawful
arrest must be limited to patting Weapons that the person arrested may have so as not to
endanger the life of the Arresting officer. In the same manner, the utmost cooperation of the
person arrested Must be expected so as not to hamper the effective performance of the duties
of the Law enforcement officer or arresting officer.
Obligation to protect human rights: Take executive, legislative, and judicial Action to ensure
human rights of every human being such as the rights of persons Arrested and under custodial
investigation under Republic Act No. 7438 in which Case the state must come up with laws to
protect its citizens from hampering their Human rights such as the right to speedy disposition of
their criminal cases, such as The Supreme Court ruling on inordinate delay¹ as well as the right
to bail whenever a Person is lawfully arrested without a warrant of arrest. These rules are all
enshrined By no less than the 1987 Constitution.
Obligation to fulfill human rights: means that States must take positive action To facilitate the
enjoyment of basic human rights. In law enforcement, a classic Example of the government’s
obligation to fulfill is the treatment of children in Conflict with the law under Republic Act No.
9344 where a child involved in a Crime should not be treated similarly with other persons who
belong to the age of Majority. A child is not bound to disclose any records of the judicial
proceedings if He or she got involved in a crime while he or she is still a minor. For instance,
when X was 16 years of age, he committed the crime of theft of a neighbor’s property. When X
enrolled in the College of Criminology and completed the course after Four years, should he
decide to apply for a police officer position in the Philippine National Police, X can declare that
he was not charged for any crime and is exempt From the committing any misrepresentation.
The State affords the child the chance To reform himself or herself without any form of
discrimination from his or her past Acts or misdeeds.
Police Obligations in Human Rights
When a police officer arrests a suspect, he or she is interfering with that Suspect’s human right
to personal liberty and security. The basis for interfering or Deprivation of liberty brought about
by arrest is to protect the life of others or to Enforce the law but at all times must have basis in
law.
Police includes all law enforcement officials who conduct arrest under Rule 113 of the Rules of
Court, particularly Section 5, Rule 113 on warrantless arrests.² 2 Section 5. Arrest without
warrant; when lawful.- A peace officer or a private person may, without A warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has committed, is actually committing,
or Is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based
on Personal knowledge of facts or circumstances that the person to be arrested has
committed It, and
(c) 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 is temporarily confined
while his case is pending, Or has escaped while being transferred from one confinement
to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall
Be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance With Section 7 of Rule 112.
Human rights Police should Police should not
Life Take appropriate action in Use excessive lethal force
Case of threats to life and
Property

Freedom from Torture and Act on domestic violence Intimidate during

ill-Treatment Swiftly Interrogation and use
Excessive physical force

Personal liberty and Fair trial Uphold and respect The Unlawfully disperse or low
person’s right to be informed Or no tolerance
of the nature and
Cause of arrest/accusation

Peaceful assembly Maintain peace and order Unlawful disperse or low or

no tolerance

Characteristics of Human Rights

• Internationally guaranteed
• Legally protected
• Focus on the dignity of the human being
• Protect individuals and groups
• States and State Actors
• Cannot be waived or taken away
• Equal and interdependent
• Universal
Who Makes Human Rights Rules?
It is the states themselves who make the rules through the development Of customs, the
development of treaties, and the development of international Declarations, guidelines, and
bodies of principles. States agree on the content of These sources and agree to be bound by
them. In the case of human rights, while it Is individuals and groups who are protected, it is the
conduct of states (and state Actors) that is regulated.
Venue of Rules on Human Rights
Rules are made and conducted at international bodies and meetings, such As the United
Nations Commission on Human Rights, United Nations General Assembly, United Nations Crime
Congresses, and other regional organizations.
Monitoring of Human Rights
There are two levels of stakeholders who monitor human rights. These are the National level
and the international level. The national level is composed of:
• Concerned government agencies and services, including the police;
• National human rights institutions (such as a human rights commission);
• Human rights and other nongovernmental organizations (NGOs);
• The courts;
• Parliament;
• The media;
• Professional organizations (such as lawyers, criminologists, etc.);
• Trade unions;
• Religious organizations; and
• Universities and their human rights center.
On the other hand, the international level consists of regional organizations an Institutions,
international nongovernment organizations, and the United Nation Through conventional
(treaty-based) mechanisms, and extra-conventional (charter Based) mechanisms and through
peacekeeping and human rights operations.
List of General International Human Rights Instruments
A.Universal Declaration of Human Rights (1948)
b. International Convention on the Elimination of All Forms of Racial Discrimination (1965)
C. International Covenant on Civil and Political Rights (1966)
d. International Covenant on Economic, Social and Cultural Rights (1966)
e. United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (1979)
f. United Nations Convention on the Rights of the Child (1989)
8. United Nations Convention on the Rights of Persons with Disabilities
(2006)
h. European Convention on Human Rights (1950)
i. European Social Charter (1961)
j. Charter of Fundamental Rights of the European Union (2000)
Selected International Human Rights for Law Enforcement Officials
1.UN Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or
Punishment (1984)
2. Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment (2002)
3. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (1987)
Article 1 of the Convention Against Torture provides that every human Being must be protected
against torture or acts that cause pain, thereby Causing physical and mental suffering and
inflicting such pain for the purpose Of obtaining from him or from the third person any
information or a confession Or by punishing a human being for an act he or another person has
committed Or is suspected of having committed or by intimidating or coercing a human Being
or another person or for any reason based on discrimination of any kind, When such pain or
suffering is inflicted by or at the instigation of or with the Consent or acquiescence of a public
official or other person acting in an official Capacity.
On the other hand, cruel, inhuman, or degrading punishments that do not Amount to torture as
defined in Article 1, arise when such acts are committed By or at the instigation of or with the
consent or acquiescence of a public official Or other person acting in an official capacity (i.e.,
penalty of death by firing Squad).
4.International Convention for the Protection of All Persons from Enforced Disappearance
(2006) – The purpose of the convention is to raise Awareness of the extreme seriousness of
enforced disappearance, which Constitutes a crime and in some jurisdictions, is even a crime
against Humanity. It also recognizes the rights of every human being against Enforced
disappearance as well as the rights of the victims to justice and Reparation. The convention also
affirms the right of any victim to know The truth about the circumstances of an enforced
disappearance and the Fate of the disappeared person and the right to freedom to seek,
receive, And impart information to this end.
5. UN Code of Conduct for Law Enforcement Officials (1979).
6. UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985)
7. UN Basic Principles on the Use of Force and Firearms by Law EnforcementOfficials (1990)
8. Council of Europe Declaration on the Police (1979)
9. Council of European Code of Police Ethics (2001)
Law enforcement officials must be the front liners in implementing human Rights instruments
by spearheading respect and protection for human dignity. The Use of force must be used only
in exceptional cases and if so, must use them whenever Reasonably necessary under certain
circumstances. The principle of proportionality Is the key and only toward a legitimate
objective. Thus, the use of firearms, for Instance, is considered only under extreme measure.
Use of firearms against Children in conflict with the law is prohibited, if not strongly
discouraged. Firearms Will be used only if there is an armed resistance and to prevent
jeopardizing the Lives of others. Law enforcement officials must keep confidential matters
entrusted To them, and law enforcers handling detainees must ensure the latter’s health and
Safety while inside the jail facilities. Law enforcement agents and officials at all Levels must also
shun corruption.
The Philippine Commission on Human Rights
The Commission on Human Rights (CHR) is an independent National Human Rights Institution
(NHRI) created under the 1987 Philippine Constitution, Established on 05 May 1987 by virtue of
Executive Order No. 163.
The Commission is mandated to conduct investigations on human rights Violations against
marginalized and vulnerable sectors of the society, involving Civil and political rights.
Constitutional Basis on the Creation of the Commission on Human Rights
The Commission on Human Rights was created as response to the atrocities Committed during
Martial Law. When the 1987 Constitution was drafted, Article XIII on Social Justice and Human
Rights defined the creation of the Commission.
Section 1 of Article XIII of the 1987 Constitution mandates the Congress to Give the highest
priority to the enactment of measures that protect and enhance The right of all the people to
human dignity, reduce social, economic, and political Inequalities, and remove cultural
inequalities by equitably diffusing wealth and Political power for the common good.
Sections 17 and 18 of Article XIII of the 1987 Constitution provide for the.Creation of an
independent office called the Commission on Human Rights and.Defines its powers and
functions. The same powers and functions of the Commission On Human Rights are defined
under Section 3 of Executive Order No. 163.
Section 11, Article II of the 1987 Constitution provides that “The State values The dignity of
every human person and guarantees full respect for human rights.”
Composition of the Commission on Human Rights
The Commission on Human Rights shall be composed of a chairman and four Members who
must be natural-born citizens of the Philippines, and at the time of Their appointment, at least
35 years of age, they must not have been candidates For any elective position in the elections
immediately preceding their appointment. However, a majority thereof shall be members of
the Philippine Bar.
Powers and Functions of the Commission on Human Rights
(1)Investigate, on its own or on complaint by any party, all forms of human rights Violations
involving civil and political rights.
(2)Adopt its operational guidelines and rules of procedure and cite for contempt For violations
thereof in accordance with the Rules of Court.
(3)Provide appropriate legal measures for the protection of human rights of All persons within
the Philippines, as well as Filipinos residing abroad, and Provide for preventive measures and
legal aid services to the underprivileged Whose human rights have been violated or need
protection.
(4) Exercise visitorial powers over jails, prisons, or detentions facilities.
(5) Establish a continuing program of research, education, and information to Enhance respect
for the primacy of human rights.
(6) Recommend to the Congress effective measures to promote human rights and To provide
for compensation to victims of violations of human rights or their Families.
(7) Monitor the Philippine Government’s compliance with international treaty Obligations on
human rights.
(8) Grant immunity from prosecution to any person whose testimony or whose Possession of
documents or other evidence is necessary or convenient to Determine the truth in any
investigation conducted by it or under its authority.
(9) Request the assistance of any department, bureau, office, or agency in the Performance of
its functions.
(10) Appoint its officers and employees in accordance with law.
(11) Perform such other duties and functions as may be provided by law.
Law Enforcement and Human Rights
Human Rights-Based Policing on the National and International Spheres International human
rights law is binding on all states and their agents, Including law enforcement officials. Human
rights are a legitimate subject for International law and international scrutiny. Law enforcement
officials are obliged To know and apply international standards for human rights. Every law
enforcement agent is enjoined that “In the exercise of his rights and Freedoms, everyone shall
be subject only to such limitations as are determined by Law solely for the purpose of securing
due recognition and respect for the rights and Freedoms of others and of meeting the just
requirements of morality, public order, And the general welfare in a democratic society.”
Therefore, in modern democracies, the protection of human rights remains an Inherent duty of
every law enforcer. This is in addition to his fundamental duty to Maintain public peace and
order and ensure the general welfare of the community.
According to the PNP Guidebook on Human Rights, Human Rights-Based Policing (HRBP) is the
comprehensive, systematic, and institutional compliance With international human rights
standards and practices in the conduct of police Or law enforcement functions. It is also an
approach to policing that defines the Relationship between individual citizens and various
groups or sectors of society as Claim holders whose rights have to be respected and protected
by the police and the Police as duty holders that have obligations to respect, protect, and fulfill
human Rights. The HRBP also aims to empower claimholders to claim their rights, while
Strengthening the capacities of duty holders to meet their duties and obligations as Human
rights protectors.
Mainstreaming human rights-based approaches in police work is done by Incorporating human
rights principles and practices into police doctrines, strategies, And plans. These principles and
practices are also applied to all police systems, Procedures, methods, and tactics. To be truly
effective, even police equipment, Supplies, and facilities are reviewed and upgraded to enable a
police organization To meet human rights standards for law enforcement.
Human rights-based policing is considered to be institutionalized when human Rights principles
and practices are taught and applied at all levels, in both operational And administrative
functions of the police organization. Once human rights-based Policing is institutionalized, a
police organization enhances its effectiveness and Credibility in networking with other
government and nongovernment agencies to Address various human rights issues and
concerns.
While the historical context, sociocultural background, economic realities, and Crime situation
have an impact on how a police organization plans and performs Its functions- there are
internationally recognized human rights standards for law Enforcement that must be met by all
police agencies including the PNP.
As a reform initiative, human rights-based policing is a strategic approach for Reorienting the
police organization from the traditional policing models or theories Based purely on social
control or repression to a new paradigm anchored on genuine Respect for human rights and
dignity, transparency, accountability, rule of law, and People’s active participation in
democratic governance.
Characteristics of Human Rights-Based Policing
The PNP Guidebook on Human Rights-Based Policing provides for the Characteristics of human
rights-based policing as follows:
Strict Observance of Police Policies and Procedures
Human rights-based policing entails strict observance of police policies and
Operational procedures. Most, if not all violations of human rights, occur when
Police officers do not follow established policies and procedures. Shortcuts,
Omissions, and blatant disregard for procedures are unacceptable behaviors that
Violate our national laws, PNP rules and regulations, and generally accepted socio-
Cultural norms.
When police officers follow and apply proper procedures, they uphold human
Rights while doing all that is possible to ensure that the subsequent case to be filed
In court against a suspect would prosper in the higher interest of justice.
For example, when a police officer informs an arrested person about his or her
Miranda Rights, that police officer is following established procedure in making
Arrests, whether it is done with or without a warrant. If the arrested person was not
Informed of his or her rights, it could later on be used as a defense and a means to
Charge the arresting officer with a violation. By not following the procedure, a police
Charge the arresting
Officer runs the risk of being charged administratively while opening an opportunity
For the arrested person to be released from detention due to a technicality.
Some policies in the PNP were also issued to uphold certain rights. For example,
The ban of the presentation of suspects before the media is intended to protect their
Rights to dignity and presumption of innocence until proven guilty.
Adherence to International Human Rights Standards for Law Enforcement
Human rights-based policing is about adhering to international standards of
Human rights in law enforcement.
Of course, there are differences between Philippine laws and those of other
States. The crime situation in the country is also peculiar, and some international
Standards may not be immediately attainable in the Philippines. However,
Knowledge and recognition of international standards pave the way for setting
Benchmarks for the gradual improvement of the organizational philosophy,
UNIT III | HUMAN RIGHTS GOVERNANCE IN THE PHILIPPINES 95
Doctrines, physical infrastructure, systems, training and education, operational
Procedures, values, and practices in the PNP.
One of the most effective ways to promote and protect human rights is by
Following PNP policies and procedures.
Professional Competence and Courteous Service
Human rights-based policing is demonstrated through professional
Competence and courtesy. In order to prevent human rights violations, the police
Must only use calibrated force to subdue suspects. This can only be taught through
Realistic simulation of incidents involving both armed and unarmed suspects, as
Well as compliant and resisting persons. They must understand that force is only
Used when normal persuasion fails and when it is absolutely necessary to overcome
A threat to public safety.
The police arrest and restrain persons or suspects based on the basis of
“probable cause,” while judges adjudicate and punish on the burden of “beyond
A reasonable doubt,” which is a higher legal standard. However, it is clear that the
Police must use commensurate degrees of force in order to effectively enforce the
Law and ensure public safety.
Upholding human rights is very similar to the golden rule which says that we
Must treat others in the way we want others to treat us. When we render respect
And courtesy to citizens, there is a greater tendency for them to return that respect
And courtesy.
In the Philippines, citizens are generally compliant with instructions of
Uniformed agents of government, such as the PNP personnel. However, that
Compliance must not only be based on fear brought about by the threat or actual
Use of force by police officers. The ideal compliance of citizens to their police should
Be based on genuine respect for the police badge and uniform as symbols of proper
Legal authority.
Another important factor to consider is that majority of citizens only establish
Contact with police officers after they had already been victimized by criminals or
When they need urgent police assistance. Just like the cliché, the “first impression”
That a citizen gets from a police officer usually lasts whether that impression is
Positive or negative. Therefore, the goal of every police officer during citizen contact
Is to provide a professional, fast, efficient, and courteous response to a legitimate
Citizen request for police service or assistance.
Respect for Rule of Law and Civilian Supremacy
Human rights-based policing is anchored on the rule of law and recognition of
Civilian supremacy. From the term “law enforcement,” it is understood that there
Can be no enforcement apart from the law. Any act of enforcement (that is, the
Use of police powers or any manner of application of force) apart from the law
May be considered criminal or at the very least, an abuse of authority. Respect for
Rule of law and civilian supremacy is best exemplified when the police practices
Accountability for all its actions or as the case may be, inaction on matters related to
The protection of people’s legal rights.
Therefore, all police officers must always remember Article II, Section 1 of the
1987 Philippine Constitution, which states that “...sovereignty resides in the people
And all government authority emanates from them.”
Pro-Democracy and Pro-Citizen
Human rights-based policing is democratic and citizen-centered. Democratic
Values are best demonstrated by the police when it seeks greater participation by the
Community in maintaining peace and order. The police organization must always
Remain responsive and relevant to the needs of the community – which is actually
The PNP’s main clientele. Through dialogues and consultations with stakeholders,
The police are able to learn about the issues and concerns that must be addressed
At the community level. In most, if not all situations, full cooperation between the
Police and the community is required in order to solve peace and order problems.
Basic International Human Rights Standards for the Law Enforcement
There are at least 10 basic international human rights standards for law
Enforcement that all police organizations around the world must strive to attain. By
Adhering to international standards, the PNP is able to comply with a uniform set of
Principles and practices that is expected from all police officers by the international
Community:
1. Equal Protection – Everyone is entitled to equal protection of the law,
Without discrimination on any grounds, and especially against violence
And other threats. Be especially vigilant to protect potentially vulnerable
Groups such as children, the elderly, women, refugees, displaced persons,
And members of minority groups.
2. Respectful Treatment Treat all citizens and victims of crime with
Compassion and respect, with utmost consideration for their need for
Safety and privacy.
It must be remembered that under the law, all arrested persons and
Detainees are still considered innocent and have the right to due process.
Only the court can determine their guilt or innocence. Even when they
Are already convicted by the court, they still have the right to be treated
Humanely, with full respect and dignity.
3. Use of Force – Do not use force, except when strictly necessary and to the minimum extent
required under the circumstances.
4. Policing Non-Violent Assemblies – Avoid using force when policing unlawful
But non-violent assemblies. When dispersing violent assemblies, use force
Only to the minimum extent necessary.
5. Use of Lethal Force-Lethal force should not be used, except when strictly
Unavoidable in order to protect your life or the lives of others.
6. Arresting Persons on Legal Grounds – Arrest persons only if there are legal
Grounds to do so, and the arrest is carried out in accordance with lawful
Arrest procedures.
7. Detainee’s Rights -Arrest, have access to their family and lawyer. They must also be given
Ensure that all detainees, immediately after their
Immediate medical assistance whenever necessary.
8. Humane Treatment of Detainees – All detainees must be treated humanely.
Under any circumstances, do not inflict, instigate, nor tolerate any act of
Torture or ill-treatment and refuse to obey any order to do so
9. Refusal to Obey Unjust Orders – Do not carry out, order, or cover-up extra-
Legal killings or enforced disappearance and refuse to obey any order to
Do so.
10. Reporting Violations – Report all violations of these standards to your
Senior officer and to the nearest prosecutor’s office. Do everything within
Your ability and authority to ensure that steps are taken to investigate
Violations of these standards.
LESSON 2: EXAMINING THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
DEFINITION OF TERMS
Law Enforcement Agencies – Organizations and offices of the government that
Enforce the laws or assist in the enforcement of the laws as mandated by the law
Creating them
Introduction
In the previous lesson, we had an overview of the basic concepts and principles
Of the Philippine Criminal Justice System. In this lesson, we will examine closely
And in detail the various pillars of the Philippine Criminal Justice System. As we
Discuss each pillar one by one, reflect upon how each pillar connects with your role
As future law enforcers.
1.
Law Enforcement Pillar
Law enforcement agencies are organizations and offices of the government
That enforce the laws or assist in the enforcement of the laws as mandated by
The law creating them. The law enforcement pillar serves as the front line of
The encounter with the criminals or those who threaten the social order. They
Are the arm of the government charged with the enforcement of the law. They
Play a vital role in enforcing the laws.
The Philippine National Police, the National Bureau of Investigation, the
Philippine Drug Enforcement Agency, and the National Police Commission,
Along with 34 other agencies performing police functions, are the agencies
Spearheading the law enforcement in the country. These agencies are generally
Tasked to prevent the commission of crimes and maintain peace and order in
The community.
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 143
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A. Philippine National Police
Under the R.A. No. 6975, the Philippine National Police (PNP)
Was established, consisting of members of the police forces who were
Incorporated into the Integrated National Police (INP) pursuant to
Presidential Decree No. 765; the officers and enlisted personnel of the
Philippine Constabulary (PC); and the regular operatives of the abolished
NAPOLCOM Inspection, Investigation and Intelligence Branch.
Under the law, the following are its powers and functions, to wit:
1.
Enforce all laws and ordinances relative to the protection of lives
And properties;
3. Maintain peace and order and take all necessary steps to ensure
Public safety;
3.
Investigate and prevent crimes, effect the arrest of criminal offenders,
Bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search, and seizure in
Accordance with the Constitution and pertinent laws;
5.
Detain an arrested person for a period not beyond what is prescribed
By law, informing the person so detained of all his rights under the
Constitution;
6.
Issue licenses for the possession of firearms and explosives in
Accordance with law;
7. Supervise and control the training and operations of security
Agencies and issue licenses to operate security agencies and to
Security guards and private detectives, for the practice of their
Professions, andBe
8. Perform such other duties and exercise all other functions as may
Provided by law.
B. National Bureau of Investigation
The National Bureau of Investigation was created in 1936 with the
Enactment of Commonwealth Act No. 181, as a Division of Investigation
(DI) under the Department of Justice. Under this law, its mandate was to
Serve warrants and subpoenas; to make searches and seizures under legal
Warrants for violations of the laws of the Philippines; and to make arrests
Without warrants for a crime committed in their presence or within their
View.
R.A. No. 157 repealed Commonwealth Act No. 181 and converted
The Division into the Bureau of Investigation with its functions expanded
And the powers of its investigating staff increased.
Executive Order No. 94, issued on October 4, 1947, renamed it to the
Presently known National Bureau of Investigation (NBI). NBI is tasked
Mainly to:
1.
Investigate crimes and other offenses against the laws of the
Philippines, both on its own initiative and as public interest may
Require;
2.
Assist, when officially requested, in the investigation or detection of
Crimes and other offenses;
3.
Act as national clearing house of criminal records and other
Information, for use of all prosecuting and law enforcement entities
In the Philippines, of identification records, of identifying marks,
Characteristics and ownership or possession of all firearms and test
Bullets fired therefrom;
4.
Give technical help to all prosecuting and law enforcement offices,
Agencies of the government, and courts which may ask for its
Services;
5.
Extend its services in the investigation of cases administrative or
Civil in nature in which the government is interested;
6.
Establish and maintain an up-to-date scientific crime laboratory, and
Conduct researches in furtherance of scientific knowledge in criminal
Investigation;
7.
Coordinate with other national or local agencies in the maintenance
Of peace and order; and
8.
Undertake the instruction and training of a representative number
Of city and municipal peace officers at the request of their respective
Superiors along effective methods of crime investigation and
Detection in order to ensure greater efficiency in the discharge of
Their duties.
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 145
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C. Philippine Drug Enforcement Agency
The enactment of R.A. No. 9165 reorganized the Philippine
Drug law enforcement system. The law created the Philippine Drug
Enforcement Agency (PDEA) under the Office of the President. The new
Law also abolished the National Drug Law Enforcement and Prevention
Coordinating Center, Philippine National Police-Narcotics Group (PNP.
NARGRP), National Bureau of Investigation-Narcotics Unit (NBI-NU),
And the Customs Narcotics Interdiction Office (CNIO). Personnel of these
Abolished agencies were to continue performing their tasks on detail
Service with the PDEA subject to a rigid screening process. The PDEA is the agency primarily
tasked with the enforcement of
R.A. No. 9165.
D. National Police Commission
The R.A. No. 6975, as amended, mandates the National Police
Commission (NAPOLCOM) to exercise administrative control and
Operational supervision over the PNP. It is an attached agency to the
Department of the Interior and Local Government (DILG) for purposes
Of program and policy coordination. NAPOLCOM is a collegial body
Composed of a chairperson and four regular commissioners. The DILG
Secretary is the ex officio chairperson of the commission and the PNP Chief
Is an ex officio member. At present, NAPOLCOM has seven staff services
In its central office and 17 regional offices nationwide as follows: Planning
And Research Services; Inspection, Monitoring and Investigation Service;
Crime Prevention and Coordination Service; Installations and Logistics
Service; Legal Affairs Service; Personnel and Administrative Service;
And Financial Service. The Commission also has a formal administrative
Disciplinary appellate machinery consisting of the National Appellate
Board and the Regional Appellate Boards.
Law Enforcement Pillar and Human Rights
The module released by the Office of the High Commissioner for Human
Rights (OHCHR) should always be followed in training new law enforcement
Officials. The use of force or violence in responding or arresting an accused has
Always been an issue in Philippine law enforcement agencies, and sometimes, these
Authorities use their power excessively and for purposes other than protecting and
Preserving peace. Arresting an individual is depriving him or her with his or her
Liberty, thus, affecting his or her human rights. Arresting, therefore, should always
Be treated seriously and conducted legally. In an investigation of an excuse, the
Law enforcement should always keep in mind that all accused are entitled to the
Presumption of innocence, a fair trial, and respect to dignity and privacy.
II. Prosecution Pillar
The prosecution pillar is tasked with the burden of prosecuting ottenses.
“The prosecution pillar is composed of the National Prosecution Service of the
Department of Justice, the Public Attorney’s Office, and the Office of the
Ombudsman.
A. The National Prosecution Service – Department of Justice
The National Prosecution Service (NPS) is mandated to assist the
Secretary of Justice in the performance of powers and functions of the
Department relative to its role as the prosecution arm of the government,
Particularly the investigation and prosecution of criminal offenses. The
Said mandate and present NPS organization are contained in the P.D. No.
1275, as amended and the E.O. No. 292, Administrative Code of 1987,
B. The Public Attorney’s Office
The principal free legal aid office of the Philippine government is the
Public Attorney’s Office (PAO). R.A. No. 9406 was signed into law and
Provided for the upgrading of salaries and allowances for public attorneys
Equivalent to their counterpart in the National Prosecution Service.
Aside from handling criminal and civil cases, PAO lawyers are
Likewise mandated to handle: (1) preliminary investigation of cases before
The Office of the Public Prosecutor; (2) labor cases before the National Labor
Relations Commission; and (3) administrative cases before administrative
Bodies like DARAB, PRC, COMELEC, Bureau of Customs, DepEd, PLEB,
And Insurance Commission.
C. Office of the Ombudsman
The Office of the Ombudsman is vested with the power to investigate
Complaints against a public officer or officer on its own initiative, even
Without a formal complaint lodged before it. It can inquire into acts of
Government agencies and public servants based on reports in the media
And those which come to the Ombudsman’s attention through sources
Other than a complaint.
III. Courts Pillar
The courts pillar is the entity to which administration of justice is lodged.
It is where judicial power is vested. Judicial power shall be vested not only
In the Supreme Court but in such lower courts as may be established by law.
The Supreme Court is the only constitutional court or the court established by
Virtue of the 1987 Constitution. All the lower courts are created via statutes.
Under Sec. 1, Art. VIII of the 1987 Constitution, the courts pillar is
Mandated to settle actual controversies involving rights, which are legally
Demandable and enforceable.
The Philippine Judiciary consists of four levels:
(1) The Supreme Court (SC);
(2) The Intermediate courts consisting of the Court of Appeals (CA),
Sandiganbayan (SB), Court of Tax Appeals (CTA), and the Shari’a
Appellate Courts;
(1) The second-level courts composed of regional trial courts (RTCs)
And Shari’a district Courts; and
(2) The first-level courts composed of the metropolitan trial courts (MeTCs),
Municipal trial courts in cities (MTCCs), municipal trial courts (MTCs),
Municipal circuit trial courts (MCTCs), and Shari’a circuit courts.
A. The Supreme Court of the Philippines
The Supreme Court (SC) shall be composed of a chief justice and 14
Associate Justices.
An SC Justice:
(1) should be a natural-born citizen of the Philippines;
(2) should be at least 40 years of age;
(3)
Must have been a judge of a lower court or engaged in the practice of
Law in the Philippines for 15 years or more; and
(4)
Should be a person of proven competence, integrity, probity, and
Independence.
An SC justice is appointed by the president from a list of at least three
Nominees prepared by the Judicial and Bar Council. Appointments need
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 149
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No confirmation. Also, an SC justice holds office during good behavior
Until he or she reaches the age of 70 years or becomes incapacitated to
Discharge the duties of his or her office.
B. The Court of Appeals
The Court of Appeals (CA) consists of a presiding justice and 68
Associate justices.
A CA justice:
(1) should be a natural-born citizen of the Philippines;
(2) should be at least 40 years of age;
(3)
Must have been a judge of a court of record for at least 10 years or
Have been in active actual practice of law before the civil courts for
The same period; and
(3) Should be a person of proven competence, integrity, probity, and
Independence.
A CA justice is appointed by the president from a list of at least
297 three nominees prepared by the Judicial and Bar Council. Also, these
Appointments need no confirmation. A CA justice shall hold office during
Good behavior until he or she reaches the age of 70 years or becomes
Incapacitated to discharge the duties of his or her office.
The CA exercises its powers, functions, and duties through 23
Divisions, each composed of three members. The court sits en banc for
The purpose of exercising administrative, ceremonial, or other non-
Adjudicatory functions.
C. The Regional Trial Courts (RTCs)
An RTC Judge should:
(1) be a natural-born citizen of the Philippines;
(2) be at least 35 years of age;
(3) be engaged in the practice of law in the Philippines or have held a
Public office in the Philippines requiring admission to the practice of
.
Law as an indispensable requisite for at least 10 years; and
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(4) be a person of proven competence, integrity, probity, and
Independence.
An RTC judge is also appointed by the president from a list of at
Least three nominees prepared by the Judicial and Bar Council.
D. The Metropolitan/Municipal/Municipal Circuit Trial Court/Municipal Trial Courts in
Cities
A metropolitan trial court (MeTC) shall be created in each
Metropolitan area established by law. A municipal trial court (MTC) or
Municipal trial court in cities (MTCC) shall be created in each of other
Cities or municipalities. A municipal circuit trial court (MCTC) in each
Circuit comprising such cities and/or municipalities are grouped together
Pursuant to law.
An
MeTC/MTC/MCTC/MTCC judge should:
(1) be a natural-born citizen of the Philippines;
(2)
Be at least 30 years of age;
(3) be engaged in the practice of law in the Philippines or have held a
Public office in the Philippines requiring admission to the practice of
Law as an indispensable requisite for at least five years; and
(4) be a person of proven competence, integrity, probity, and
Independence.
An MeTC/MTC/MCTC/MTCC judge shall hold office during
Good behavior until he or she reaches the age of 70 years or becomes
Incapacitated to discharge the duties of his or her office.
E. The Shari’a District Courts
The Shari’a district courts are courts of limited jurisdiction, which
Shall exercise powers and functions in accordance with the P.D. No. 1083.
In addition to the qualifications for judges of the regional trial court,
The Shari’a judge should be learned in Islamic law and jurisprudence, and
Should:
(1) be a natural-born citizen of the Philippines;
(2) be at least 25 years of age; and
(3) have passed Shari’a and Islamic jurisprudence exam.
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 151
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A Shari’a judge is appointed by the president of the Philippines and
Shall be appointed to serve during good behavior until he or she reaches
The age of 65 years or becomes incapacitated to discharge the duties of his
Or her office, unless sooner removed for the same causes and in the same
Manner as ordinary RTC/MTC judges.
Courts Pillar and Human Rights
The pillar of the courts are the ones who execute the laws in the form of giving
Justice to the victims and the accused. The victims are being protected by the court
Through thorough investigations of the crime committed of the accused. On the
Other hand, the court provides the accused a chance to prove his or her innocence
Through judicial hearings, and he or she is treated as innocent until proven guilty.
People are being detained against their will, and spend their life behind bars, thus,
Compromising their human rights to liberty and dignity. It has always been a
Problem that the country faces with major crimes that include big names. The issue
In this pillar is that due to corruption, the innocents are proven guilty and the guilty
Become the innocent.
IV. Corrections Pillar
The correction pillar is composed of two major and equally significant
Components: the institution-based and the community-based corrections.
The institution-based corrections comprise of prisons and jails that are
Concerned with prisoners serving term of imprisonment, those under detention
Status, and those for safekeeping in selected cases. The jails and prisons are
Administered by the Bureau of Corrections of the DOJ, the Bureau of Jail
Management and Penology of the DILG, and the local government units
With regard to provincial and sub-provincial jails. The Philippine National
Police likewise maintains detention facilities in its different police stations
Nationwide.
Community-based corrections pertain to probation and parole. These
Are being managed by the Parole and Probation Administration (PPA) of the
DOJ.
PPA conducts a post-sentence investigation of petitioners for probation
As referred by the courts, as well as pre-parole/pre-executive clemency
Investigation for those referred by the Board of Pardons and Parole to determine
The suitability of the offender to be reintegrated in the community instead of
Serving their sentence inside an institution or prison.
PPA further supervises probationers, parolees, and conditional pardonees
To promote their rehabilitation and reintegration to the mainstream of society.
It mobilizes the community resources, especially through volunteer probation
Aides.
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 153
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A. Bureau of Corrections (BuCor) – DOJ
The BuCor is the primary institution in the corrections pillar that
Provides full custody and rehabilitation programs for the transformation
Of insular prisoners, those sentenced to more than three years to capital
Punishment. The mandate of the BuCor is to rehabilitate national
Prisoners.
Among the functions of the BuCor are the following:
(1) Safe-keep prisoners convicted by the courts to serve sentence in
Prisons;
(2) keep prisoners from committing crimes while in BuCor’s custody;
(3) provide inmates’ basic needs as human beings;
(4) ensure that rehabilitation programs are made available to the inmates
For their physical, intellectual, and spiritual development; and
(4) Develop livelihood programs to assist inmates earn a living and
Develop their skills while in prison.
B. Bureau of Jail Management and Penology (BJMP) – DILG
The Bureau of Jail Management and Penology was created in
1991 to address the growing concern of jail management and penology
Problem. Primarily, its clients are detainees accused before a court who
Are temporarily confined in such jails while undergoing investigation,
Awaiting final judgment, and serving sentence promulgated by the court
Of imprisonment for three years and below.
Under R.A. No. 6975, the BJMP is mandated to take operational and
Administrative control over all city, district, and municipal jails.
The BJMP has four major areas of rehabilitation programs, namely
Livelihood Projects; Educational and Vocational Training; Recreation
Weer and Sports; and Religious/Spiritual Activities. These are continuously
A implemented to eliminate the offenders’ pattern of criminal behavior and
To reform them to become law-abiding and productive citizens.
C. Parole and Probation Administration (PPA) – DOJ
The Parole and Probation Administration, previously called the
Probation Administration, was created by virtue of P.D. No. 968 to
Administer the probation system.
Under E.O. No. 292, the PPA was given the additional function of
Supervising prisoners who, after serving a part of their sentence, are
Released on parole or are granted pardon with parole conditions.
D.Boards of Pardon and Parole
Originally called the Board of Indeterminate Sentence, the Board of
Pardons and Parole (BPP) was created under Act 4103, as amended, on
December 5, 1933 to implement the provisions of the Act, which provides
For the indeterminate sentence and parole for all persons convicted by the
Courts of certain crimes.
The BPP is specifically mandated to grant parole to qualified
Prisoners; recommend to the president of the Philippines the grant of
Commutation of sentence, conditional pardon, and absolute pardon to ex-
Convicts; and assist in the rehabilitation of parolees and pardonees.
Corrections Pillar and Human Rights
Overcrowded and not enough budget for the improvement of the correc-
Tions in the Philippines cause an effect on the human rights of the convicts of the
Corrections. The inmates already lost their right to liberty, but because of the over-
Crowding of the facilities, they also lose their rights to privacy. In some correctional
Facilities, the inmates’ experiences abuse from some correctional officers, and even
Though they already lost their liberty by being detained, the dignity that they have
Are also being compromised by being abused by the authorities. These are some of
The issues against human rights that are being faced by some of the inmates in the
Different correction facilities.
V. Community Pillar
The community is considered the most important pillar of the PCJS. It is
The central institution of crime prevention, the stage in which all other pillars
Of criminal justice system perform. The participation of the community, as one
Of the five pillars of the PCJS, is crucial.
The community pillar collectively imposes limitations on individual
Behavior of citizens that deter criminality and criminal behavior for the common
Good of civilized and democratic society. Institutions such as the barangays,
Government agencies, legislative bodies, the academe, and religious and civic
Organizations, among others, are involved in this pillar.
The institutional agencies under the community pillar, to be discussed
Herein include the Department of Social Welfare and Development, the
Department of the Interior and Local Government, the Commission on
Human Rights, and the National Commission on Indigenous Peoples.
A. Department of Social Welfare and Development (DSWD)
The DSWD aims to provide social protection and the promotion
Of the rights and welfare of the poor, vulnerable, and disadvantaged
Individuals, families, and communities, which will contribute to poverty
Alleviation and empowerment through social welfare and development
Policies, programs, projects, and services implemented with or through
Local government units, nongovernmental organizations, people’s
Organizations, government organizations, and other members of civil
Society.
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One of the goals of the DSWD is to provide preventive, protective,
And rehabilitative and developmental programs and services (Department
Of Social Welfare and Development, n.d.).
The services rendered by the DSWD may be grouped into four:
Center-based services; community-based services; residential care
Services; and social welfare and development technologies.
B. Department of the Interior and Local Government (DILG)
The DILG is mandated under the law to promote peace and order,
Ensure public safety, and further strengthen local government capability
Aimed toward the effective delivery of basic services to the citizenry.
The DILG-Local Government Sector (DILG-LGS), as part of the
Community pillar, plays an essential part in the development of the
Criminal justice system. One of its goals is to improve the performance
Of local governments in governance, administration, and social and
Economic development which contributes to providing access to justice
By the poor, especially women and children.
C. Commission on Human Rights (CHR)
Under Section 18, Article XIII of the Constitution, the Commission
On Human Rights (CHR) is mandated to have the following powers and
Functions, among others:
(1) Investigate, on its own or on complaint by private party, all forms of
Human rights violations involving civil and political rights;
(2) Provide appropriate legal measures for the protection of human
Rights of all human beings within the Philippines and to provide for
Preventive measures and legal aid services to the underprivileged
Whose human rights have been violated or who need protection;
(3) Exercise visitorial powers over jails, persons, or detention facilities;
1
(4) Recommend to Congress effective measures to promote human
Rights and to provide for compensation to victims;
(5) Monitor the Philippine government’s compliance with its treaty
Obligations on human rights; and
(6) Request assistance of any department, bureau, office, or agency in
The performance of its functions.
To achieve its mandate, the CHR has four programs: 1) human rights
Protection program; 2) human rights promotion program; 3) human
Rights linkages development and strategic planning; and 4) special
Projects on human rights. On human rights protection, the CHR renders
Investigation and forensic services; legal services, which include legal aid
And counseling, conciliation, and mediation; human rights assistance;
And visitorial services.
D. National Commission on Indigenous Peoples (NCIP)
NCIP is the primary government agency that formulates and
Implements policies, plans, and programs for the recognition, promotion,
And protection of the rights and well-being of Indigenous Peoples (IPs),
And the recognition of their ancestral domains and their rights to those
Domains.
The mandate of the organization is to protect and promote the interest
And well-being of the Indigenous Cultural Communities/Indigenous
Peoples (ICCS/IPs) with due regard to their beliefs, customs, traditions,
And institutions.
The NCIP was created in 1997 under R.A. No. 8371. It works to
Achieve technically sound and authentic titles, sustainable and culture-
Sensitive plans, responsive and culture-sensitive programs and projects,
Feasible and mission-driven regulations, and expeditious and fair legal
Services. Whenever possible, it promotes IP consultative mechanisms and
Bodies at the provincial, regional, and national levels.
Community Pillar and Human Rights
Community is the most important pillar in the Philippine criminal justice
System. It consists of the groups that are essential in implementing rules and laws of
The government and in protecting the human rights of every individual. But because
Of the corruption that is widespread in the country not only in the government
System but also in the religious and private organizations, the process of achieving
Equal human rights to all individual is not really clear. Budgets are being cut, the
Minds of the people are being manipulated, and the services that the community
Really needs are being held by the corrupt. With this, the right of individuals to have
Access to their basic needs as part of them being humans and having human rights
Are being compromised.
Summary
The Philippine criminal justice system or PCJS is defined as a system or process
In the community by which crimes are investigated and the persons suspected
Thereof are taken into custody, prosecuted in court and punished, if found guilty,
Provisions being made for their correction and rehabilitation. There are five pillars
That are important in the Philippine criminal justice system. These five pillars are:
UNIT IV THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS 159
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Law enforcement pillar, courts pillar, prosecution pillar, correctional pillar, and
Community pillar. The law enforcement pillar includes agencies or organizations
And offices of the government that enforce the laws or assist in the enforcement
Of the laws, as mandated by the law creating them. Courts pillar is the entity to
Which administration of justice is lodged. It is where judicial power is vested.
The prosecution pillar is tasked with the burden of prosecuting offenses. The
Correctional pillar is composed of two major and equally significant components: the
Institution-based and the community-based corrections. And the community pillar
Is considered as the most important pillar of the PCJS. It is the central institution
Of crime prevention, the stage on which all other pillars of criminal justice system
Perform.
Choose the letter of the best answer.
1.The following are specific tasks of PNP, except:
a. Enforce all laws and ordinances relative to the protection of lives and
Properties.
b. Maintain peace and order and take all necessary steps to ensure public
Safety.
C. Conduct preliminary investigation of complaints.
d. Investigate and prevent crimes, effect the arrest of criminal offenders,
bring offenders to justice, and assist in their prosecution.
2. The following are specific tasks of NBI, except:
a. Investigate crimes and other offenses against the laws of the Philippines,
Both on its own initiative and as public interest may require.
b. Assist, when officially requested, in the investigation or detection of
Crimes and other offenses.
C. Coordinate with other national or local agencies in the maintenance of
Peace and order.
d. Promulgate sentences of convicts.
e. Coordinate with other national or local agencies in the maintenance of
Peace and order.
3. The following are specific tasks of NPS-DOJ, except:
a.Mandated to settle actual controversies involving rights, which are legally
Demandable and enforceable
b. Investigation of criminal offenses
C.Prosecution of criminal offenses
d. Mandated to assist the DOJ
E. Issues a resolution after a preliminary investigation
4.This is a function of the PAO.
a. Safe-keep prisoners convicted by the courts to serve sentence in prisons,
b. Mandated to grant parole to qualified prisoners
C. Mandated to take operational and administrative control over all city,
District, and municipal jails
d. Coordinate with other national or local agencies in the maintenance of
Peace and order.
e. Handling of criminal and/or civil cases for indigents
5. This is a function of the BuCor.
a. Safe-keep prisoners convicted by the courts to serve sentence in prisons,
b. Mandated to grant parole to qualified prisoners
C. Mandated to take operational and administrative control over all city,
District, and municipal jails
d. Coordinate with other national or local agencies in the maintenance of
peace and order.
e. Handling of criminal and/or civil cases for indigents
6. This is a function of the BJMP.
a. Safe-keep prisoners convicted by the courts to serve sentence in prisons.
b. Mandated to grant parole to qualified prisoners
C. Mandated to take operational and administrative control over all city,
District, and municipal jails
d. Coordinate with other national or local agencies in the maintenance of
peace and order.
e. Handling of criminal and/or civil cases for indigents
7. following are parts of the courts pillar, except:
a. CA
b. DOJ
C. SC
D. SCC
e. MeTC
8. The following are parts of the prosecution pillar, except:
a. DOJ
b. NPS
C. BID
d. Ombudsman
e. Office of the City Prosecutor