G.R. No.

221697

Case Details:
Title: Mary Grace Natividad S. Poe-Llamanzares vs. COMELEC and Estrella C. Elamparo
Case Number: G.R. No. 221697

Parties Involved:
Petitioner: Mary Grace Natividad S. Poe-Llamanzares
Respondents: COMELEC (Commission on Elections) and Estrella C. Elamparo

Key Issues:
Citizenship: Whether Mary Grace Poe-Llamanzares is a natural-born Filipino citizen.
Residency: Determination of Poe-Llamanzares' compliance with the residency requirement for
presidential candidates.
COMELEC Decision: Evaluation of the Commission on Elections' ruling on Poe-Llamanzares'
qualification to run for president.

Background:
● Mary Grace Poe-Llamanzares' presidential candidacy was questioned by Estrella C. Elamparo,
prompting COMELEC to assess her eligibility.
● Mary Grace Poe-Llamanzares, a foundling, was adopted by actors Fernando Poe Jr. and Susan
Roces.
● The controversy arises from questions regarding Poe-Llamanzares' natural-born Filipino
citizenship due to her status as a foundling.
● The petitioner asserts that she reacquired Philippine citizenship when she returned to the country
and fulfilled residency requirements for running for president.
● Estrella C. Elamparo challenges Poe-Llamanzares' eligibility, emphasizing the importance of
strict adherence to constitutional requirements for presidential candidates.
● The case involves a fundamental examination of the interplay between foundling status,
citizenship, and the constitutional prerequisites for presidential candidacy.

Legal Arguments:
● Poe-Llamanzares: Argues for her natural-born Filipino citizenship and fulfillment of residency
requirements.
● Elamparo: Contends that Poe-Llamanzares failed to meet the constitutional requirements for
presidential candidacy.

COMELEC Decision:
● Overview of COMELEC's decision to disqualify or allow Poe-Llamanzares to run for president.
● Analysis of COMELEC's reasoning and interpretation of relevant laws.

Supreme Court Proceedings:

● Presentation of arguments before the Supreme Court.
● Supreme Court's evaluation of the case, including any dissenting opinions.

Legal Precedents:
➢ Identification of any legal precedents cited by either party or the court.

Constitutional Provisions:
➢ Reference to relevant sections of the Constitution related to citizenship and residency
requirements for presidential candidates.

Impact:
➢ Consideration of the potential impact of the court's decision on future election cases and the
interpretation of election laws.

Final Decision:
➢ Supreme Court's final ruling on Mary Grace Poe-Llamanzares' eligibility to run for president.
 G.R. No. 135385
Case Details:
Title: Isagani Cruz and Cesar Europa vs. Secretary of Environment and Natural Resources,
Secretary of Budget and Management, Chairman and Commissioners of the National
Commission on Indigenous Peoples
Case Number: G.R. No. 135385

Parties Involved:
Petitioners: Isagani Cruz and Cesar Europa
Respondents: Secretary of Environment and Natural Resources, Secretary of Budget and
Management, Chairman and Commissioners of the National Commission on Indigenous Peoples

Key Issues:
● Indigenous Peoples' Rights: Examination of policies affecting the rights of indigenous peoples in
relation to environmental and budgetary decisions.
● Administrative Action: Assessment of the actions taken by the Secretary of Environment and
Natural Resources, Secretary of Budget and Management, and the National Commission on
Indigenous Peoples.

Background:
● Concerns raised by Isagani Cruz and Cesar Europa regarding government actions impacting
indigenous peoples.
● Allegations of policies or decisions that may infringe upon the rights or well-being of indigenous
communities.
Legal Arguments:
Petitioners: Present arguments against the actions of the Secretary of Environment and Natural
Resources, Secretary of Budget and Management, and the National Commission on Indigenous
Peoples, citing violations of indigenous peoples' rights.
Respondents: Provide justifications for their actions, explaining the legal basis and necessity for
the decisions.

Environmental Considerations:
● Analysis of how the decisions in question may affect the environment and any potential
environmental implications.

Budgetary Aspects:
● Examination of the budgetary aspects related to the case and whether budget decisions align with
legal requirements and standards.

Indigenous Peoples' Rights:

● Reference to specific laws or constitutional provisions protecting the rights of indigenous peoples
and how these may be relevant to the case.

Administrative Law:
● Consideration of administrative law principles in assessing the validity of the actions taken by
government officials and agencies.

Court Proceedings:
● Overview of the proceedings in the Supreme Court, including any lower court decisions if
applicable.
● Identification of key legal arguments presented by both parties.

Impact:
● Discussion of the potential impact of the court's decision on indigenous peoples' rights,
environmental protection, and governmental decision-making.

Final Decision:
● Supreme Court's final ruling on the case, including any dissenting opinions or notable legal
principles established.
 Reviewer Notes: International Human Rights

Introduction:
➢ Originating from the aftermath of the Second World War, the international focus on human rights
emerged to prevent the recurrence of atrocities associated with Axis Powers' policies.
➢ Hersch Lauterpacht's advocacy for an International Bill of the Rights of Man was influential,
though not explicitly included in the UN Charter.
➢ The UN Charter's references to human rights provided a foundation for the development of
international human rights law.
➢ The concept of human rights encompasses a wide range of issues, from torture and fair trials to
social, cultural, and economic rights.

Historical Perspectives:
➢ The League of Nations Covenant of 1919 marked an early attempt to address human rights, but it
lacked a minorities clause and general statements of rights.
➢ The minorities treaties, mandates system, and the League's approach were not fully representative
and applied only in specific territories or to designated groups.
➢ The idea of universal human rights gained momentum during the Allied wartime planning, with a
draft bill of rights proposed in 1942.
➢ The International Labour Organization (ILO), established in 1919, played a crucial role in
establishing standards for human rights, including forced labor, freedom of association, and equal
pay.

Key Documents:
➢ The Universal Declaration of Human Rights (UDHR) adopted by the General Assembly in 1948
is a landmark non-treaty document that influenced subsequent instruments.
➢ The UDHR, although not a treaty, has had significant indirect legal effects, serving as a reference
for interpreting other human rights instruments.
➢ The Helsinki Final Act of 1975, despite not being legally binding, signaled the acceptance of
human rights principles by participating states in Europe.

Subsequent Declarations:
➢ Important subsequent declarations include the Vienna Declaration and Programme of Action
(1993), leading to the establishment of the Office of the High Commissioner for Human Rights.
➢ The Beijing Declaration and Programme for Action (1995) and the UN Millennium Summit
Declaration (2000) are among other notable declarations addressing human rights.

Overall Impression:
➢ The evolution of international human rights has been shaped by historical events, the League of
Nations' experience, and influential documents such as the UDHR.
➢ The ILO has played a crucial role in translating human rights principles into practical standards.
➢ Subsequent declarations reflect the ongoing commitment to advancing and protecting human
rights on a global scale.

SOURCES OF HUMAN RIGHTS STANDARDS

**Multilateral Conventions:**
- Human rights standards are derived from multilateral conventions, categorized into
comprehensive International Covenants, regional conventions, conventions addressing specific
wrongs, and conventions protecting specific categories of people.
- The dense and overlapping pattern of these conventions reflects their wide ratification, both
globally and regionally.
- Human rights law primarily involves interpreting and applying these treaty texts, with
substantive customary international law playing a subsidiary role.

**International Covenants of 1966:**

- The International Covenants of 1966 include the International Covenant on Economic, Social
and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights
(ICCPR), both in force since 1976.
 - The ICESCR focuses on programmatic and promotional provisions, recognizing rights like the
right to work and social security, with a commitment to progressive realization.
- The ICCPR delineates specific rights more clearly, has stronger obligations, and provides means
of review and supervision, including an Optional Protocol allowing individual communications.

**Regional Human Rights Treaties:**

- Various regional treaties, such as the European Convention on Human Rights (ECHR),
American Convention on Human Rights, and African Charter on Human and Peoples' Rights,
recognize and protect civil, political, social, economic, and cultural rights.
- The Arab Charter on Human Rights and the absence of a binding human rights convention in the
Asia-Pacific region are notable regional variations.

**Treaties Dealing with Specific Rights:**

- Specific rights are addressed through treaties like the Genocide Convention (1948), Convention
against Torture, and the International Convention for the Protection of All Persons from Enforced
Disappearance, each monitored by specialized committees.
- These treaties criminalize actions rather than specifying individual rights.

**Treaties Protecting Particular Categories or Groups:**

- Treaties protecting specific groups, like refugees, children, women, migrant workers, and people
with disabilities, have their own monitoring committees.
- Refugee law is generally considered separate from general human rights law.

**Customary International Law:**

- Fundamental principles of human rights are considered part of customary international law, as
reflected in the Barcelona Traction case and later declarations.
- The International Court often refers to customary international law in addressing human rights
issues.

**Summary:**
- The substance of human rights is recognized through a wide range of rights in core instruments,
but emerging or contested rights also exist.
- The existence of a "common core" of human rights at the universal and regional levels is
suggested, but differences in articulation among treaties persist.
- Multilateral treaties, individually negotiated and developed by governments, constitute the
practical international law of human rights.

-------------------------

NON-DISCRIMINATION AND COLLECTIVE RIGHTS

Non-Discrimination:
➢ The 1945 UN Charter contains provisions emphasizing human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion.
➢ The principle of non-discrimination became a recognized legal standard by 1966, emphasizing
equality in treatment of both individuals and groups.
➢ Multilateral conventions such as ICERD and CEDAW articulate the legal principles of
non-discrimination on the grounds of race and sex.

Self-Determination:
➢ Self-determination, a collective or group right, includes the right of peoples under colonial,
foreign, or alien domination to self-government.
➢ The principle is articulated in various international instruments, including the UN Charter and the
International Covenant on Civil and Political Rights (ICCPR).
➢ The distinction between full 'external' self-determination and qualified 'internal'
self-determination has emerged in practice, with controversy over the latter, especially in cases of
remedial secession.
Rights of Minorities:
➢ Protection of racial, linguistic, and religious minority groups has been recognized since the
interwar period, but a universally agreed definition of 'minority' in international law is lacking.
➢ Minority rights, distinct from the right to self-determination, are protected by the European
Framework Convention for the Protection of National Minorities and ICCPR Article 27.
➢ The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic
Minorities elaborates on ICCPR Article 27, emphasizing protection and promotion of identity.

Rights of Indigenous Peoples:

➢ The UN Declaration on the Rights of Indigenous Peoples, adopted in 2007, recognizes the right to
self-determination for indigenous peoples, representing a significant shift.
➢ The Declaration affirms individual and group rights, including equality, freedom from
discrimination, cultural identity, participation in decision-making, autonomy, self-government,
and land rights.

Other Collective Rights:

➢ The notion of rights enjoyed collectively by groups remains controversial.
➢ Beyond specific rights for minorities and indigenous peoples, international law recognizes
collective rights like a people's right to freely dispose of its natural wealth and resources
(ICCPR/ICESCR, Art 1(2)).
➢ Other putative collective rights include the right to development and the right to culture, but there
are limits to the legal applicability of such concepts.

--------------------------------------------------------------

SCOPE OF HUMAN RIGHTS STANDARDS

Territorial and Personal Scope of Human Rights Treaties:

➢ Human rights instruments typically lack precise definitions of territorial and personal scope.
➢ The question arises whether states parties are bound to apply protections extraterritorially,
including to non-nationals, particularly in armed conflict and occupation contexts.
➢ Cases like BanNoviÉ v Belgium and Al-Skeini v UK highlight the complexities and varying
interpretations of extraterritorial jurisdiction under the ECHR.
➢ The HRC and International Court emphasize that states must ensure and respect covenant rights
even outside their territory, especially in situations of armed conflict.

Human Rights and Humanitarian Law:

➢ The relationship between international human rights law and humanitarian law is evolving, and
the conventional strict dualism is giving way to a complementary understanding.
➢ Human rights standards may apply during armed conflict, with humanitarian law serving as a lex
specialis in certain circumstances.
➢ The International Court sees basic standards of humanitarian law as "elementary considerations of
humanity," applicable in all armed conflicts.

Human Rights in the Private Domain - Horizontal Application:

➢ Debates exist regarding the extent to which human rights obligations protect against private
conduct (horizontal application).
➢ While states indirectly apply human rights to private conduct as guarantors, there is ongoing
debate about the horizontal effect, i.e., direct application to private entities.
➢ Developments in corporate social responsibility aim to address gaps in standards related to private
entities, but critics argue that it may shift focus from state responsibility.
➢ No international processes currently impose direct human rights obligations on private entities,
and corporate liability for human rights violations is not universally recognized under customary
international law.

--------------------------
PROTECTION AND ENFORCEMENT OF HUMAN RIGHTS
Protection and Enforcement under the UN System:
➢ The UN system faces challenges in enforcing human rights, often dealing with political
implications and partisan discussions.
➢ The Commission on Human Rights was replaced by the Human Rights Council (HRC) in 2006,
consisting of 47 member states, but this substitution seems to have made little difference.
➢ The General Assembly expresses concern about human rights violations, and the Security Council
has used its powers, including authorizing peacekeeping operations and humanitarian assistance.

Treaty Bodies:
➢ There are nine bodies monitoring the implementation of core international human rights treaties.
➢ The International Court gives great weight to the interpretation of treaties by relevant courts or
committees.
➢ The treaty body system has faced challenges, leading to reform efforts such as the Dublin
Statement and subsequent intergovernmental processes.

The High Commissioner for Human Rights:

➢ The UN High Commissioner for Human Rights, established in 1993, plays a key role in providing
leadership in the human rights field, developing standards, and coordinating reports.

Regional Machinery:
➢ Regional systems for the judicial protection of human rights exist in Europe, the Americas,
Africa, and the Arab world.

Europe:
➢ The European Court of Human Rights (ECHR) plays a crucial role in protecting human rights,
with cases addressing issues like the right to life, prohibition of torture, and freedom of
expression.
➢ The ECHR emphasizes principles such as exhaustion of local remedies, restrictions on freedom
necessary in a democratic society, proportionality, derogation in times of emergency, and the
margin of appreciation.
➢
Americas:
➢ The Inter-American system includes the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights, dealing with complaints and disputes regarding the
American Convention on Human Rights.

Africa:
➢ The Organization of African Unity adopted the African Charter on Human and Peoples' Rights in
1981, establishing the African Commission on Human and Peoples' Rights.
➢ The African Commission has a broad mandate, including conciliation, investigation of
complaints, and consideration of communications from individuals.
➢ The African Court on Human and Peoples' Rights was established in 2004, merging with the
Court of Justice of the African Union in 2008.

Supervision: Key Legal Issues:

➢ Legal concepts from the European system are found in decisions under other regional
conventions.
➢ Key legal issues include exhaustion of local remedies, restrictions on freedom necessary in a
democratic society, proportionality, derogation in times of national emergency, the margin of
appreciation, and complaints and proceedings at the national level.

Complaints and Proceedings at National Level:

➢ Enforcement primarily occurs through the domestic legal systems of states parties to treaties.
➢ Lack of an official investigation may be considered evidence of a breach in certain circumstances.
➢ The absence of an effective investigation has been held to constitute a violation of various human
rights provisions by regional human rights courts and bodies.
CONCLUSION
Analysis from the Perspective of Public International Law:
● The analysis presented is from the viewpoint of public international law, considering the primary
role of international lawyers in developing human rights as legal standards.

Dependence on Domestic Legal Systems:

● The effectiveness of the human rights system relies on the implementation by the domestic legal
systems of states.
● Decisions and recommendations from supervisory bodies need to be executed through the
legislatures and administrations of states parties.

Role within the Rule of Law:

● The application of human rights is part of the broader aim of upholding the rule of law, including
an independent judiciary.
● Overall, human rights bodies have been a positive influence in this regard.

Challenges in Worst-Case Scenarios:

● The efficacy of the human rights system faces challenges, especially in dealing with the rights of
large groups and persistent, intractable situations.
● In cases where a respondent state is recalcitrant, the system may struggle to enforce its standards
effectively.

Security Council Coercive Action:

● The Security Council may take coercive action under Chapter VII of the Charter in extreme cases,
but such action has been rare and selective.
● Geopolitical factors unrelated to human rights often influence the Security Council's decisions.

Selectivity and Political Weaponization:

● Selectivity in addressing human rights issues, as seen in the example of Israel's actions against the
Palestinian people, raises concerns.
● Claims of human rights violations can be used as a powerful political weapon, potentially
undermining the integrity of the human rights system.

Iraq Case Example:

● The Iraq–Iran War example highlights the cyclicality and, at times, cynicism in the application of
human rights.
● Western powers assisted Iraq during the war, yet the same states later focused on Iraq's human
rights record in justifying actions against the regime in 2003.

Cyclical and Cynical Nature of Human Rights:

● The conclusion suggests a cyclical, if not cynical, version of human rights that is contingent on
geopolitical factors and may not consistently prioritize human rights in practice.