OBE-Based

HUMAN
RIGHTS
EDUCATION
A Course Module for Students

Burauen Community College

For Internal Use Only

R.R.Pedere ‖ Human Rights Education

Human Rights
Education
A Course Module for Students

Burauen Community College

Written and Designed by

Ronalee R. Pedere, RCrim

Faculty – College of Criminal Justice Education

R.R.Pedere ‖ Human Rights Education

R.R.Pedere ‖ Human Rights Education
 ii

Human Rights Education

A Course Module for Students

Burauen Community College

Printed in Burauen, Leyte

© 2023

ALL RIGHTS RESERVED. No part of this publication All rights are reserved. No part of this
publication may be reproduced, stored in a retrieval system or transmitted in any form or
by any means, electronic, mechanical, photocopying, recording or otherwise, without prior
permission of the institution.

This module contains information obtained from highly regarded resources. A wide variety
of references are listed. Reasonable efforts have been made to publish reliable data and
information, but the institution cannot assume responsibility for the legality of all materials
or the consequences of their use. The institution has attempted to trace the copyright
holders of all material in this module and express regret to copyright holders if permission
to publish has not been obtained. If any copyright material has not been acknowledged, let
us know so we may rectify in any future reprint. Registered trademark of products or
corporate names are used only for explanation and identification without intent to infringe.

For students who want to purchase additional copies of this module, you may send your
request to locallcollegebcc@gmail.com or you may visit the institution for an in-person
request.

R.R.Pedere ‖ Human Rights Education

 iii

COURSE OUTLINE

Human Rights Education

PRELIMS

I. THE CONCISE HISTORY OF HUMAN RIGHTS

A. History of Human Rights
1. The Magna Carta
2. Petition of Rights
3. Declaration of the Rights of Man and of the Citizen
4. The Geneva Convention
5. The United Nation

II. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

MIDTERM

I. HUMAN RIGHTS PRINCIPLES

A. Freedom Vs. Rights
B. Classification of Human Rights
C. Types of General Human Rights
D. State’s Inherent Power
E. Basic Principle of Human Rights
F. Human Rights-Based Policing
G. Human Rights Desk Basic Operational Procedures
H. Ten International Human Rights Standards for Law
Enforcement

SEMI-FINALS

I. Legal Aspects of Human Rights Education

A. Constitution Vs. Bill of Rights

R.R.Pedere ‖ Human Rights Education

 B. Branches of the Government
C. The 1987 Philippine Constitution, Article III Bill of Rights
D. Prisoner’s Rights
E. Miranda Rights
F. Rights of a Child in the Philippines
G. Magna Carta of Women “An Act Providing for the Magna Carta
of Women
H. Republic Act 9262 “Anti-Violence Against Women and Their
Children Act

FINALS

I. THE INTERNATIONAL HUMANITARIAN LAW

A. Definition of International Humanitarian Law
B. International Humanitarian Law in Philippine setting
C. Fundamental principles in International Humanitarian Law
D. Civilian and Combatants

R.R.Pedere ‖ Human Rights Education

Introduction

Human rights are the essential rights and freedoms that belong to every
person, from birth until death. They apply no matter where you’re from,
what you think or how you select to measure your life. Rights cannot be
removed though it will be restricted specifically, if a person breaks the law,
or if the interest is for national security. This course is designed to help the
students understand human rights, the value of human rights, and take
responsibility for respecting, defending and promoting human rights. All
throughout this course, it will study about the history of human rights, the
Universal Declaration of Human Rights (UDHR), also, as other key human
rights treaties. In studying human rights, it will help the students
understand the history, importance of rights to the society, and therefore
the sorts of human rights violation. This learning course explores the notion
of human rights and the educational practices of human rights, including
legal instruments, the educational work of human rights organizations and
activists, and the ways of advocating for human rights. It’s a summary of
the methodologies of human rights education while covering the range of
civil and political rights, economic and social rights, and women’s rights and
their expression in the educational curriculum. Also, it focuses on human
rights education as a wayof working towards the materialization of the
cosmopolitan ideals of justice and peace. At the end of the course module,

R.R.Pedere ‖ Human Rights Education

the student’s knowledge and understanding of human rights concepts and
their ability to use this data to their own professional context. They will be
measured by their ability to interpret the significance of the topic. Thus, to
simply analyze the given situation on how the students promote human
rights to the next generation. As a capstone project of the students, they
should also be exposed to experiential learning, in which, they are going be
requested to observe and perform tasks in a real-life situation such as
making a short video on how they are going to portray human rights.

R.R.Pedere ‖ Human Rights Education

R.R.Pedere ‖ Human Rights Education
relations between the federal
government and states. It also
allows certain powers to the
federal government and sets out
the distinction between them and
those within the state
governments. Besides, it sets the
central government as the
supreme over the county and state
governments in countries with
such systems of governments
respectively.
Purposes of Constitution
Without a constitution, a
country would be “ruleless”.
Without the rule of law, no single
person will say what is to be done.
Whether it is a written or
unwritten one, its existence is
non-debatable. It functions
include:
 Provision of scope for good
governance.
 Establish a perfect union
 Ensure domestic tranquility
 Ensure domestic tranquility
 Setting out the doctrine of
separation of powers.
 Establish justice
 Promote the general welfare
for the citizenry
Definition of Bill of Rights
A Bill of Rights is a formal
declaration or assertion of both
the legal and civil rights that
citizens of any country, federation,
or state enjoy. It is also called a
R.R.Pedere ‖ Human Rights Education
charter of rights or declaration of
rights. In most cases, it is
entrenched, but some extreme
needs may make it entrenched,
like when a natural behavior of an
individual is regarded to be a
threat to other people.
Purposes of Bill of Rights
Its main purpose is the
protection and upholding of the
rights of citizens against
infringement from the
government, private citizens, or
public officials. It also explains to
the citizens their rights, what they
are to observe in regards to their
fellow country people, as well as
how to ensure their rights are
protected.
Examples of Rights Contained in a
Bill of Rights
The most basic rights
contained in any Bill of Rights
include:
a. Right to life.
b. The freedom of speech
and expression.
c. Right to privacy.
d. Freedom of religion,
belief, opinion, and conscience.
e. Freedom from servitude,
slavery, and forced labor.
f. Right to human dignity.
g. Equality and freedom
from discrimination.
Other rights are based on
each application. As an illustration,
there are consumer, academic,
veteran’s, taxpayer, homeless
rights among others. Any violation
of the rights and freedoms
guarded by the constitution under
the Bill of Rights offering leads to
proceedings before a court of law.
Relationship Between
Constitution and the Bill of
Rights
The constitution is the
mother of all rules. It contains
amendments, by-laws, and any
other constitutional changes. As
such, it contains the Bill of Rights
and guards them wholesomely.
A constitution is a stand-
alone document stipulating
the rules of the and while a
Bill of Rights is housed by
the constitution.
3.Limitations
The constitution governs the
structures of the
governments and the whole
citizenry while the Bill of
Rights only concerns itself
with the rights of the people.
Constitution vs. Bill of Rights:
Comparison Table

Difference Between Constitutions

Constitution and Bill of Rights Fundamental principles and
1. Function established precedents a
A country’s constitution state, organization, or any
MEANING
establishes the structures other entity has passed to be
and functions of each arm of followed.
the government of the land. Outlines how government
A Bill of Rights stipulates the FUNCTION arms function, basic rules
rights and freedoms each civil officials should follow,
citizen is entitled to from the and rights and limitation if
government and other citizens.
citizens. The constitution An independent body housing
describes each of the roles ENTITY different rule
and responsibilities of the
arms of the government and
citizens while the Bill of Bill Of Rights
rights describes the rights MEANING A formal declaration or
and freedom of the people. assertion of the legal and
The constitution limits the civil rights that citizens of
power of the government any country enjoy.
while the Bill of Rights FUNCTION List the rights every citizen is
grants authority to the entitled to and how the
people. government and other5
people should protect them.
2. Position
R.R.Pedere ‖ Human Rights Education
ENTITY It is housed by the Philippines as the highest judicial
constitution. body.
1.Executive Branch
Even when it is not easy to The executive branch is
establish the differences between headed by the President who
the two, it is common knowledge functions as both the head
that they are not similar. Their of state and the head of
functions are different too government. The president
although they all point to what is also the Commander-in-
should be or should not be done. Chief of the Armed Forces of
Most governments have ensured the Philippines. The
such areas are included in their president is elected by
schools’ curriculum to educate popular vote to a term of six
their citizenry. years. The president, then,
appoints (and may dismiss)
his/her cabinet members
Branches of the Government whom he/she presides over.
The Philippine government The executive seat of
takes place in an organized government is administered
framework of a presidential, officially from Malacañang
representative, and democratic Palace—also the official
republic whereby the president is residence of the president—
both the head of state and the in Manila. The President may
head of government. This system no longer run for re-election,
revolves around three separate unless he/she becomes
and sovereign yet interdependent president through
branches: the legislative branch constitutional succession and
(the law-making body), the has served for no more than
executive branch (the law- four years as president. The
enforcing body), and the judicial second highest official, the
branch (the law-interpreting vice-president is first in line
body). Executive power is to succession should the
exercised by the government president resign, be
under the leadership of the impeached or die in office.
president. Legislative power is The vice-president usually,
vested in both the government though not always, may be a
and the two-chamber congress— member of the president's
the Senate (the upper chamber) cabinet. If there is a vacancy
and the House of Representatives in the position of Vice
(the lower chamber). Judicial President, the President will
power is vested in the courts with appoint any member of
the Supreme Court of the Congress (usually a party
R.R.Pedere ‖ Human Rights Education
 member) as new Vice
President. The appointment
will be validated by a three-
fourths vote of Congress
voting separately.
2.Legislative Branch
The remainder of the House
seats are designated for sectoral
representatives elected at large
through a complex "party list"
system, hinging on the party
receiving at least 2% to 6% of the
national vote total. The upper
house is located in Pasay City,
while the lower house is located in
Quezon City. The district and
sectoral representatives are
elected with a term of three years.
They can be reelected but they are
no longer eligible to run for a
fourth consecutive term. The
senators are elected to a term of
six years. They can be reelected
but they are no longer eligible to
run for a third consecutive term.
The House of Representatives may
opt to pass a resolution for a
vacancy of a legislative seat that
will pave way for a special
election. The winner of the special
election will serve the unfinished
term of the previous district
representative; this will be
considered as one elective term.
The same rule applies in the
Senate however it only applies if
the seat is vacated before a
regular legislative election.
R.R.Pedere ‖ Human Rights Education
3. Judiciary Branch
The judiciary branch of the
government is headed by the
Supreme Court, which has a Chief
Justice as its head and 14
Associate Justices, all appointed
by the president on the
recommendation of the Judicial
and Bar Council. Other court types
of courts, of varying jurisdiction
around the archipelago, are the:
Lower Collegiate Courts
a. Court of Appeals
b. Court of Tax Appeals
c. Sandiganbayan
Regular Courts
a. Regional Trial Courts
b. Metropolitan Trial Courts
c. Municipal Trial Courts
d. Municipal Trial Courts in
Cities
e. Municipal Circuit Trial
Court
Muslim Courts
a. Sharia District Courts
b. Sharia Circuit Courts
The 1987 Philippine
Constitution, Article III: Bill of
Rights Under The 1987
Philippine Constitution, Article
III: Bill of Rights are the
following:
Section 1. Right to due process
of law and equal protection “No
person shall be deprived of life,
liberty or property without due
process of law, nor shall any
person be denied the equal
protection of the law”. The right to
life as protected by due process of
law, means something more than
mere animal existence. The
prohibition against its deprivation
without due process extends to all
the limbs and faculties by which
life is enjoyed. The right to liberty
as protected by due process of
law, denotes not merely freedom
from physical restraint such as
imprisonment. It also embraces
the right of man to use his
faculties with which he has been
endowed by his Creator subject
only to the limitation that he does
not violate the law or the rights of
others. And, the right to property
as protected by due process of
law, may refer to the thing itself or
to the right over thing. It includes
the right to own, use, transmit and
even to destroy, subject to the
right of the State and of other
persons. The Constitution states
that no person shall be deprived of
life, liberty or property without due
process of law. The subject of
depravation of life made more
significant by the abolition of
death penalty and protection of
the unborn from conception. The
due process of law hears before it
condemns, which proceeds upon
inquiry and renders judgement
only after trial.
Section 2. Right against
unreasonable searches and
seizures “The right of the people
to be secured in their persons,
houses, papers and effect against
unreasonable searches and
R.R.Pedere ‖ Human Rights Education
seizures of whatever nature and
for any purpose shall be
inviolable, and no search warrant
or warrant of arrest shall issue
except upon probable cause to be
determined personally by the
judge after examination under
oath or affirmation of the
complaint and the witness he may
produce, and particularly
describing the place to be
searched and the person or things
to be seized.” The scope of the
protection under this section are
the persons which it applies to
everybody, to citizens as well as
aliens in the Philippines, whether
accused of crime or not. The
houses, the protection is not
limited to dwelling houses but
extends to a garage, warehouse,
shop, store, office, and even a
safety deposit vault. Also, the
papers, that include sealed letters
and packages in the mail which
may be opened and examined only
in pursuance of a valid search
warrant.
Section 3. Right to privacy “(1)
The privacy of communication and
correspondence shall be inviolable
except upon lawful order of the
court, or when public safety or
order requires otherwise
prescribed by law. (2) Any
evidence obtained in violation of
this or the preceding section shall
be inadmissible for any purpose in
any proceeding.” Privacy of
communication and
correspondence is also an
expression of the right to privacy.
Invasion of communication and
correspondence is one kind of
search. However, the subject of
search is not a tangible object but
an intangible one, such as
telephone calls, text messages,
letters, and the like. These forms
of communication
correspondence may be intruded
into by means of wiretapping or
other means of electronic
eavesdropping. What
constitution prohibits
government intrusion, by means of
wiretapping or electronic
eavesdropping, into the privacy of
communication without a lawful
court order or when public safety
and order does not demand. As a
rule, the government cannot
intrude into the privacy
communication
correspondence. The exceptions
are: (a) when the court allows the
intrusion, and (b) when public
safety and order demands.
Section 4. Freedom of expression
“No law shall be passed abridging
the freedom of speech,
expression, or the press, or the
right of the people peaceably to
assemble and petition
government for redress
grievance.” Freedom of expression
has four aspects, to wit: (a)
freedom of speech; (b) freedom of
expression; (c) freedom of the
press; and (d) freedom
assembly. Nonetheless, the scope
of the protection extends to right
to form associations or societies
not contrary to law, right to access
R.R.Pedere ‖ Human Rights Education
to information on matters of public
concern, and freedom of religion.
Freedom of expression is accorded
the highest protection in the Bill of
rights since it is indispensable to
the preservation of liberty and
democracy. The limitation of this
and section is that the right is not
absolute. It must be exercised
within the bounds of law, morals,
public policy and public order, and
the with due regard for other’s rights.
is Thus, obscene, libelous and
slanderous speeches are not
protected by the guarantee. So
are seditious and fighting words
that advocate imminent lawless
conduct. Freedom of speech is the
right afforded to a person to be
able to speak his or her mind
of without fear that the government
and will censor or restrict what they
have to say, or will retaliate
against them for expressing
himself. People are often confused
by this concept, however, thinking
that they can say anything that
pops into their heads without
of repercussion. Just because you are
allowed to say whatever you want
does not mean that you will not
the suffer consequences as a result –
of it just means that the government
cannot violate your right to do so.
Section 5. Freedom of religion
“No law shall be made respecting
an establishment of religion, or
of prohibiting the free exercise
thereof. The free exercise and
enjoyment of religious profession
and worship, without
discrimination or preference, shall
forever be allowed. No religious
test shall be required for the
exercise of civil or political rights.”
Freedom of religion has two
aspects, the freedom to believe,
and the freedom to act on one’s
belief. The first aspect is in the
realm of the mind, and as such it
is absolute, since the State cannot
control the mind of the citizen.
Thus, every person has the
absolute right to believe or not to
believe in anything whatsoever
without any possible external
restriction by the government. The
aspect refers to the externalization
of belief as it is now brought out
from the bosom of internal belief.
Since it may affect peace, morals,
public policy, and order, the
government may interfere or
regulate such aspect of the right.
The second aspect is expressed in
section 5, that we have the free
exercise and enjoyment of
religious profession and worship
without discrimination.
Section 6. Right to abode and to
travel “The liberty of abode and of
changing the same within the
limits prescribed by law shall not
be impaired except upon lawful
order of the court. Neither shall
the right to travel be impaired
except in the interest of national
security, public safety, or public
health, as may be provided by
law.” The liberty to abode includes
the right to choose one’s residence
and to leave it whenever one
pleases. But there are limitations
under this section such as, liberty
R.R.Pedere ‖ Human Rights Education
of abode may be impaired or
restricted when there is a “lawful
court order”. The right to travel
may also be restricted in interest
of national security, public safety,
or public health or when the
person is on bail, or under a
watch-list and hold departure
order.
Section 7. Right to information on
matters of public concern “The
right of the people to information
matters of public concern shall be
recognized. Access to official
records, and to documents, and
papers pertaining to official acts,
transaction, or decisions, as well
as to government research data
used as basis for policy
development, shall be afforded the
citizen, subject to such limitations
as may be provided by law.” This
section states that we have the
right to embrace all public records.
However, it is limited to citizen
only without prejudice to the right
of aliens to have access to record
of cases where they are litigants,
and exercise of this right is limited
by law. After all, there are
limitation such as all public records
related to national security and
other records which are
confidential in nature cannot be
given to anybody who request for
it
Section 8. Right to form
associations “The right of the
people, including those employed
in the public and private sectors,
to form unions, associations, or
societies for purposes not contrary
to law shall not be abridged.”
Freedom to organize or to be a
member of any group or
association, union or society and
to adopt the rules which the
members judge most appropriate
to achieve their purposes.
However, there is limitation in
forming an association, as long as
the purposes must not be contrary
to law.
Section 9. Right to property
“Private property shall not be
taken for public use without just
compensation.” The Supreme
Court ruled that the right to earn a
living is a part of one’s right to life.
In addition, the right to own or
possess property is subject to the
police power of the State and to
inherent the power of the State to
take private property to public use
upon payment of just
compensation. The latter is known
as the right of eminent domain.
Section 10. Non-impairment of
contracts “No law impairing the
obligation of contracts shall be
passed.” This is the so-called
contract clause, which seeks to
restrain substantial legislative
impairment of, or intrusion into,
the obligation of contracts. What
the clause guarantee is the
integrity of contracts against
undue interference by the
government. For example, if a
lawyer enters into a contract with
R.R.Pedere ‖ Human Rights Education
a client by which the latter will pay
5% of the value of the monetary
claim, a subsequent law which
deprives the lawyer of the said
value is arbitrary and
unreasonable since it is destructive
of the inviolability of contracts,
and therefore invalid as lacking of
due process.
Section 11. Right to free access
to courts and quasi-judicial bodies
“Free access to the courts and
quasi-judicial bodies and adequate
legal assistance shall not be
denied to any person by reason of
poverty.” Free access is a right
covered by the due process clause,
because a person, regardless of
his status in life, must be given an
opportunity to defend himself in
the proper court or tribunal.
Nonetheless, the right is place in a
separate provision to emphasize
the desire for constitutional
protection of the poor. Besides,
poverty is not a reason to deny
the person the right to access the
courts. This section is one of the
rights of accused, it is to have
adequate legal assistance. The
accused must have the right to
enter the courts or any quasi-
judicial bodies.
Section 12. Right of person under
custodial investigation “
(1) Any person under investigation
for the commission of an offence
shall have the right to be informed
of his rights to remain silent and
to have competent and
independent counsel preferably of
his own choice. If the person
cannot afford the services of
counsel, he must be provided with
one. These rights cannot be
waived except in writing and in
the presence of counsel.
(2) No torture, force, violence,
threat, intimidation, or any other
means which vitiate the free will
shall be used against him. Secret
detention places, solitary,
incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission
obtained in violation of this
Section 17 hereof shall be
inadmissible in evidence against
him. (4) The law shall provide for
penal and civil sanctions for
violations of this section as well as
compensation to and rehabilitation
of victim of torture or similar
practices, and their families.” The
purpose of the right is that the
provision emphasizes on the duty
of law enforcement officers to
treat properly and humanely those
under investigation. It recognizes
the fact that the environment in
custodial investigation is
psychologically, if not physically
coercive in nature, so that law
enforcers should be reminded of
the sanctity of individual rights
and the limitation on their means
of solving crimes. In fact, as far as
the present provision is concerned,
the “presumption of regularity” of
official acts and the behavior of
police or prosecution is not
observed if the person under
R.R.Pedere ‖ Human Rights Education
investigation was not informed of
his constitutional rights (Miranda
Warning). This enumeration of
rights above may be invoked
during custodial investigations.
Custodial investigation refers to
any questioning initiated by law
enforcement officers after a
person has been taken into
custody. The rights are available
when the person interrogated is
already treaded as a particular
suspect and the investigation is no
longer a general inquiry into an
unsolved crime. However, during
this stage, no complaint or
criminal case has been filed yet.
As such, the person suspected to
have committed a crime is not yet
an accused, since no case was
instituted against him. During
custodial investigations, suspects
are identified by way of show-ups,
mug shots, and line ups. Show-
ups are done by bringing the lone
suspect face-to-face with the
witness for identification. Mug
shots are performed by showing
photographs to witnesses to
identify the suspect. And in line
ups, the witness identifies the
suspect from a group of persons.
Section 13. Right to bail “All
persons, except those charged
with offenses punishable by
reclusion perpetua when evidence
of guilt is strong, shall, before
conviction, be bailable by
sufficient sureties, or be released
on recognizance as mat be
provided by law. The right to bail
shall or be impaired even when
the privilege of the writ of habeas
corpus is suspended. Excessive
bail shall not be required.” A bail is
the security required by a court
and given for the provisional or
temporary release of a person who
is in the custody of the law
conditioned upon his appearance
before any court as required under
the conditions specified. For
instance, a person arrested and
detained for the offense of
homicide may post a bond for his
temporary release on the condition
that he will appear in the court
during the trial or when the court
so requires. Probational release
through bail is corollary to the
right to be presumed innocent and
a means of immediately obtaining
liberty. During the duration of
release, the accused is given the
chance to prepare his defense, and
thus level the playing field for the
parties. Worth emphasizing is the
reason why those charge with
offenses punishable by reclusion
perpetua and against whom
evidence of guilt is strong, are not
allowed to bail. Under such
circumstances, there is
improbability of appearance, and
bail merely becomes an
instrument of evading the law.
Section 14. Right of the accused
“(1) No person shall be held to
answer for a criminal offense
without due process of law. (2) In
all criminal prosecutions, the
accused shall be presumed
R.R.Pedere ‖ Human Rights Education
innocent until the contrary is
proved, and shall enjoy the right
to be heard by himself and
counsel to be informed of the
nature and cause of the
accusation against him, to have a
speedy, impartial, and public trial,
to meet the witness face to face
and to have compulsory process
to secure the attendance of
witness and the production of
evidence in his behalf. However,
after arraignment. Trial may
proceed notwithstanding the
absence of the accused provided
that he has been duly notified and
his failure to appear is justifiable.”
This deals with the rights of the
accused. It contemplates a
scenario where a case has already
been filed against a person, in
contrast to custodial investigations
where a case may not have been
filed yet. The case filed is a
criminal case, in which the parties
are the “People of the Philippines”
and the “accused.” The People of
the Philippines is the complainant,
while the accused is the person
formally charged of a crime or
offense punishable by law. A case
is said to be criminal when it
involves the prosecution of a crime
by the State and the imposition of
liability on erring individuals. It
highlights the relation of the
individual and the state, with the
state having the right to inflict
punishment to an offender once
his guilt is proven beyond
reasonable doubt. The real
offended party or victim in a
criminal case is the State or the
People of the Philippines, and not
the private complainant. This is
because what has generally been
violated is the law of the
Philippines which provides
protection to the people and
guarantees peace and order in the
land. Violation of the law poses
danger not just to a private
person, but to the people as a
whole, and is a threat to the
sovereignty of the State. The
accused, who is the person
charged in a criminal case, is
pitted against the State. With all
its machineries, manpower, and
almost unlimited sources of
money, the State is placed in an
advantaged position. To level
therefore the playing field, the
Constitution provides for
numerous rights of the accused
and of persons under
investigation. Justice demands
that they should be given a
fighting chance against the most
powerful institution, which is the
State. Under the Rules, criminal
proceedings start from
arraignment up to the rendition of
final judgment by the court.
Arraignment refers to that stage of
the criminal proceeding when the
information is read to the accused
to which he pleads guilty or not
guilty. The proceeding continues
until a final judgment is entered
by the court. The judgment is final
when there is nothing for the court
to do but to execute it. Thus,
during this duration the accused
R.R.Pedere ‖ Human Rights Education
can invoke the said rights under
the proper circumstances.
Section 15. Writ of habeas
corpus “The privilege of the writ of
habeas corpus shall not be
suspended except in cases of
invasion or rebellion when the
public safety requires it.” Writ of
habeas corpus is a written order
issued by the court directed to a
person detaining another
commanding him to produce the
body of the prisoner at a designed
time and place, with the day and
cause of his capture and
detention, to do, to submit to, and
to receive whatever court or judge
awarding the writ shall consider in
his behalf. When a person is
illegally confined or detained, or
when his liberty is illegally
restrained, he has the
constitutional right to file a
petition of habeas corpus. Should
the court find out that the person
is illegally confined or detained, he
shall be immediately released from
detention. The privilege of habeas
corpus is suspended in cases of
rebellion or invasion. This is in
order to meet the exigencies in
such cases. Aside from the writ of
habeas corpus, the writ of amparo
is another available remedy to any
person whose right to life, liberty,
and security has been violated or
threatened to be violated by an
unlawful act or omission of a
public official or employee, or of a
private individual or entity. This
remedy is especially available in
cases of enforced disappearances
and extrajudicial killings.
Section 16. Right to speedy
disposition of cases “All person
shall have the right to a speedy
disposition of their cases before all
judicial, quasi-judicial, or
administrative bodies.” Unlike the
right to speedy trial which applies
only in criminal proceedings, the
right to speedy disposition of
cases may be invoked in all cases,
whether judicial, quasi-judicial, or
administrative. Thus, right to
speedy disposition of cases is
broader than right to speedy trial.
Section 17. Right against self-
incrimination “No person shall be
compelled to be a witness against
himself.” This constitutional
guarantee is better known as right
against self-incrimination. The
right allows a person not to
answer an incriminating question.
An incriminating question is one
that if answered renders a person
liable for an offense. However, it is
only when the incriminating
question is put to a witness stand
that the right may be invoked. The
right, nonetheless, is not self-
executing. It is not automatically
operational once an incriminating
question is asked. It must be
properly invoked by objecting to
an incriminating question. For
example, when a witness is
subjected to direct examination by
the opposing party, and the
opposing counsel asked “was
R.R.Pedere ‖ Human Rights Education
there an instance that you cheated
on your wife?” the right may be
invoked by a timely objection to
the incriminating question. If no
objection is raised, then the
answer may be used as evidence
against the witness for the proper
criminal charge.
Section 18. Right against
involuntary servitude “(1) No
person shall be detained solely by
reason of his political beliefs and
aspirations. (2) No voluntary
servitude in any form shall exist
except as a punishment for a
crime whereof the party shall have
been dully convicted.” This
provides that no person should be
detained solely by reason of his
political beliefs and aspirations,
nor should involuntary servitude in
any form exist, except as a
punishment for a crime. The first
part of the provision deals with the
right not to be detained by reason
solely of political beliefs and
aspirations. This is essentially
embodied in the freedom of
expression but with emphasis on
the prohibition against
incarceration of “political
prisoners.” The second part deals
with the right against involuntary
servitude. Involuntary servitude
refers to the compulsory service of
another or simply modern-day
slavery. The right is based on the
egalitarian principle of democracy
which prescribes equality of
everyone in law, and on humanity
which prevents degradation of
human dignity through enforced
labor. Slavery is an ancient
practice of treating man as a
commodity under the complete
power of the master. This has
never been practiced in the
Philippines, but has its remnants in
modern forms of enforced labor
and peonage. Enforced labor
happens when a person is
unlawfully compelled to work
against his will; it is involuntary
and to a certain extent resembles
slavery. When a person, because
of poverty or lack of money, works
for another in payment of his debt,
the same is prohibited by the
present guarantee even if the
service is rendered voluntarily.
This voluntary service in payment
of debt is called peonage. While it
appears voluntary, peonage is
prohibited because the person is
forced to work by the
circumstances of his indebtedness,
although not by his creditor.
However, involuntary servitude
may be allowed under the
following instances: (a) as
punishment for crime; (b) in the
case of personal, military or civil
service in defense of the State;
and (c) in compliance to a return-
to-work order issued by the
Department of Labor and
Employment.
Section 19. Right against
excessive fines and cruel
punishments “(1) Excessive fines
shall not be exposed, nor cruel,
degrading or inhuman punishment
R.R.Pedere ‖ Human Rights Education
inflicted. Neither shall death
penalty be imposed, unless, for
compelling reasons involving
heinous crimes, the Congress
hereafter provides for it. Any
death penalty already imposed
shall be reduces to reclusion
perpetua.
(2) The employment of physical,
psychological, or degrading
punishment against any prisoner
or detainee or the use of
substandard or inadequate penal
facilities under subhuman
conditions shall be dealt with by
law.”
A fine is excessive when it is
unreasonable and beyond the
limits prescribed by law. The
amount of the fine is said to be
unreasonable if the court does not
take into consideration certain
standards, such as the nature of
the offense, and the circumstances
of the person punished by fine.
The imposed fine may never go
beyond the statutory prescription,
otherwise it is unlawfully
excessive. A punishment is cruel
when it is shocking to the
conscience of mankind and it
involves prolonged suffering and
agony to the person punished. For
a penalty to violate the
constitutional guarantee, it must
be so flagrant and oppressive so
as to be degrading to human
dignity, and it must be
unreasonably disproportionate to
the nature of the offense as to
shock the senses of the
community. The mere severity of a
penalty does not make the
punishment cruel or inhumane, for
as long as it is within the limits
provided by law. As one maxim
states, “even if the law is harsh, it
is still the law (dura lex sed lex).”
A penalty that is germane to
purpose of the penal law is not
cruel and inhumane. Lastly, a
penalty must be acceptable to the
contemporary society. Ancient
forms of punishment, such as
pillory, disembowelment, and
crucifixion, which are already
considered barbarous practices,
are cruel and inhumane. If a
person, for instance, is paraded
around town naked with a tag on
his neck saying “I am a thief; do
not imitate me,” the form of
punishment is cruel and inhuman;
it is barbarous and so ancient that
it is no longer acceptable to the
present-day society. The present
provision abolishes death penalty,
although with a reservation that
the Congress can subsequently
pass a law imposing it for
compelling reasons involving
heinous crimes. The constitutional
provision on death penalty or
capital punishment does not
explicitly mention that it is cruel
and inhumane. In fact, the
Constitution allows the Congress
to impose death penalty for the
right reasons. It could even be
argued that extinguishment of
human life is not cruel and
inhumane for the following
reasons: (a) It is proportionate to
the nature of the offense. Death
R.R.Pedere ‖ Human Rights Education
penalty may only be imposed by
Congress in the commission of
heinous crimes and for compelling
reasons. Heinous crimes are
crimes which are so flagrant and
evil so as to be shocking to the
conscience of civilized persons,
such as genocide, rape with
homicide, murder, rebellion, and
treason, especially when
committed against the innocent
and helpless. With compelling
reasons, Congress may impose
death penalty since it is
proportionate to the atrocities
committed; (b) This form of
penalty still has currency in the
contemporary time. Death by
lethal injection is prevalently
practiced by many countries for
the punishment of heinous
offenses; and (c) Death by lethal
injection is not cruel and
inhumane because it does not
prolong suffering or inflict
excruciating agony to the person
punished. In truth, it only induces
the person to sleep through a
lethal substance injected in the
bloodstream which thereafter
painlessly put the person to death.
Section 20. Right against
imprisonment for debt “No person
shall be imprisoned for debt or
non-payment of a poll tax.” A debt
as intended to be covered by the
constitutional guarantee, means
any liability to pay money arising
out of the contract, express or
implied. If by reason of poverty or
lack of money a person cannot pay
his debt, he cannot be imprisoned
by reason thereof. The creditor
only has himself to blame if he
voluntarily agreed to lend money
to someone who apparently
cannot pay or whom he thought
could pay but did not.
Nevertheless, although the debtor
cannot be imprisoned, his property
may be taken or attached by the
court, and then sold at public
auction in payment of his debt to
the creditor. A poll tax is a tax of a
fixed amount imposed on
individuals residing within a no longer be prosecuted for the
specified territory, whether citizens
or not, without regard to their
property or the occupation in
which they may be engaged.
Community tax or residence tax is
an example of poll tax. As far as
poll tax is concerned, non-
payment is not punished by the
government in consideration of the
plight of the poor who cannot even
afford to pay it. Poverty could
never be a reason for a person’s
imprisonment. It must be
emphasized, however, that as
regards other forms of taxes, non-
payment may be a cause of
imprisonment. Failure to pay
income taxes is considered a crime
(tax evasion), and punishable
under the law by imprisonment.
Section 21. Right against double
jeopardy “No person shall be twice
put in jeopardy of punishment for
the same offense. If an act is
punished by a law and an
ordinance, conviction or acquittal
under either shall constitute a bar
R.R.Pedere ‖ Human Rights Education
to another prosecution for the
same act.” The right against
double jeopardy means that when
a person is charge with an offense
and the case is terminated either
by acquittal or conviction or in any
other manner without the express
consent of the accused, the latter
cannot again be charged with
same or identical offense. When a
person, for instance, has been
charged of homicide and the court
acquitted him of the case, he can
same offense or act. He can now
invoke his right against double
jeopardy. There are two types of
double jeopardy. The first happens
when a person is put twice in
jeopardy of punishment for the
same offense, and the second
happens when an act is punishable
by a law and an ordinance at the
same time, in which case the
conviction or acquittal in either
one of them constitute as bar to
another prosecution for the same
act.
Section 22. Right against ex post
facto law and bill of attainder “No
ex post facto law or bill of
attainder shall be enacted.”
An ex post facto (after the fact)
law is one which, operating
retrospectivity which makes an act
done before the passage of a law,
innocent when done, criminal, and
punishes such act; or aggravates a
crime or make it greater than
when it was committed; or
changes the punishment and
inflicts a greater punishment than
what the law annexed to the
crime, when committed; or alters
the legal rules of evidence, and
receives less testimony than or
different testimony from what the
law requires at the time of the
commission of the offense, in
order to convict the offender. A bill
of attainder is a legislative act
which inflicts punishment without
a judicial trial. Its essence is the
substitution of a legislative for a
judicial determination of guilt.
Miranda Rights ‘You have the
right to remain silent” is a phrase
familiar to anyone who watches
police or courtroom dramas.
Recited by police before they
interrogate suspects, the
admonition is the direct result of
one of the best-known and most
controversial decisions in the
United States Supreme Court’s
history, Miranda v. Arizona (384
US 436). In 1963, Ernesto
Miranda, was arrested in Phoenix,
Arizona, by kidnapping and rape a
young woman. He denied any
involvement at first, but after two
hours of police questioning, he
confessed. Police did not tell
Miranda that he had the right to
have an attorney present, so at
trial his lawyer said the confession
should not be admitted into
evidence. It was, and he was
convicted. Miranda’s appeal
reached the Supreme Court at a
time when the justices were
R.R.Pedere ‖ Human Rights Education
increasingly sympathetic to the
rights of criminal defendants. In
siding with Miranda, the court
majority invoked the Fifth
Amendment to the Constitution,
which said that no criminal suspect
could be forced by government to
be “a witness against himself. As
for Miranda, he was tried and
convicted again, without using the
confession against him. In 1976,
Miranda was murdered in a fight at
a Phoenix bar. Some news reports
stated that he had several
“Miranda cards,” containing the
police warning his case had
inspired, in his pocket when he
died. The “Miranda” ruling has
been adhered to by our Philippine
Supreme Court in several cases
(People v. Villamor, L-41493,
December 14, 1981; People v.
Alegria, GR 80764, September 26,
1990; etc.). This doctrine has
been amplified by the New
Constitution (Article III, Bill of
Rights, Section 14) under which
the counsel to be provided the
accused must be competent and
independent, and must be one
preferably of his (accused’s) own
choice. If the accused cannot pay
his counsel because of poverty, he
must be given with one (who is
competent and independent) for
free a case of de oficio counsel).
These rights (right to be informed
to remain silent and right to
counsel) cannot be waived except
in writing (contemplating an
express waiver) and in the
presence of counsel. The
incompetence of counsel may be
shown by the surrounding
circumstances (as when he failed
to take legal steps ordinarily
expected of a counsel of ordinary
intelligence) and when it is proven
that such counsel is incompetent
(or is not independent), any
confession made by the accused
even with the supposed assistance
of such kind of counsel may be
inadmissible in evidence. The
counsel must assist actively the
accused. Thus, it was ruled that
any confession obtained from a
suspect in the absence of counsel
and without his assistance shall be
inadmissible in evidence against
him (People v. Alegria, GR 80764,
September 28, 1990). The only
exception is where the right to
counsel is categorically waived,
and such waiver is made in writing
and in the presence of counsel.
At the time a person is arrested, it
shall be the duty of the arresting
officer to inform him of the reason
for the arrest, and he must be
shown the warrant of arrest, if
any. He shall be informed of his
constitutional rights to remain
silent and to counsel, and that any
statement he might make could be
used against him. The person
arrested shall have the right to
communicate with his lawyer, a
relative or anyone he chooses by
the most expedient means—by
telephone if possible—or by letter
or messenger. It shall be the
responsibility of the arresting
officer to see to it that this is
R.R.Pedere ‖ Human Rights Education
accomplished. No custodial
investigation shall be conducted
unless it be in the presence of
counsel engaged by the person
arrested, by any person on his
behalf, or appointed by the court
upon petition either of the
detainee himself or by anyone on
his behalf. The right to counsel
may be waived, and shall not be
valid unless made with the
assistance of counsel. Any
statement obtained in violation of
the procedure herein laid down,
whether exculpatory or
inculpatory, in whole or in part,
shall be inadmissible in evidence.
(People v. Penillos, et al., GR
65673, January 30, 1992). The
Miranda doctrine has been
honored more in breach than in
observance by our police officers.
We live in dangerous times when
the suspect is shot/killed even
before arrest. Sadly, “the right to
remain silent,” these days, is taken
literally and to its extreme,
silenced forever has become the
norm!
Prisoner’s Rights
The following Basic Principles for
the Treatment of Prisoners was
adopted and proclaimed by
General Assembly resolution
45/111 of 14 December 1990.
1. All prisoners shall be treated
with the respect due to their
 inherent dignity and value as thereto, as well as such
human beings. other rights as are set out in
2. There shall be no other United Nations
discrimination on the covenants.
grounds of race, color, sex, 6. All prisoners shall have the
language, religion, political right to take part in cultural
or other opinion, national or activities and education
social origin, property, birth aimed at the full
or other status. development of the human
3. It is, however, desirable to personality.
respect the religious beliefs 7. Efforts addressed to the
and cultural precepts of the abolition of solitary
group to which prisoners confinement as a
belong, whenever local punishment, or to the
conditions so require. restriction of its use, should
4. The responsibility of prisons be undertaken and
for the custody of prisoners encouraged.
and for the protection of 8. Conditions shall be created
society against crime shall enabling prisoners to
be discharged in keeping undertake meaningful
with a State's other social remunerated employment
objectives and its which will facilitate their
fundamental responsibilities reintegration into the
for promoting the well-being country's labor market and
and development of all permit them to contribute to
members of society. their own financial support
5. Except for those limitations and to that of their families.
that are demonstrably 9. Prisoners shall have access
necessitated by the fact of to the health services
incarceration, all prisoners available in the country
shall retain the human rights without discrimination on the
and fundamental freedoms grounds of their legal
set out in the Universal situation.
Declaration of Human 10. With the participation
Rights, and, where the State and help of the community
concerned is a party, the and social institutions, and
International Covenant on with due regard to the
Economic, Social and interests of victims,
Cultural Rights, and the favorable conditions shall be
International Covenant on created for the reintegration
Civil and Political Rights and of the ex-prisoner into
the Optional Protocol
R.R.Pedere ‖ Human Rights Education
 society under the best
possible conditions.
11. The above Principles
shall be applied impartially.
Rights of a Child in the
Philippines
Under the Presidential
Decree no. 603 otherwise known
as “Child and Youth Welfare Code”
Article 3: Rights of a Child states
that all children shall be entitled to
the rights herein set forth without
distinction as to legitimacy or
illegitimacy, sex, social status,
religion, political antecedents, and
other factors. The 12 rights of
child according to Save the
Children Philippines (2018), are
the following;
1.Every child is endowed
with the dignity and worth of a
human being from the moment of
his conception, as generally
accepted in medical parlance, and
has, therefore, the right to be born
well.
2. Every child has the right
to a wholesome family life that will
provide him or her with love, care
and understanding, guidance and
counselling, and moral and
material security.
3.Every child has the right to
well-rounded development of his
personality to the end that he may
become a happy, useful and active
member of society.
R.R.Pedere ‖ Human Rights Education
4. Every child has the right
to a balance diet, adequate
clothing, sufficient shelter, proper
medical attention, and all the basic
physical requirement of a healthy
and vigorous life.
5. Every child has the right
to be brought up in an atmosphere
of morality and rectitude for the
enrichment and the strengthening
of his character.
6. Every child has the right
to an education commensurate
with his abilities and to the
development of his skills for the
improvement of his capacity for
service to himself and to his
fellowmen.
7. Every child has the right
to full opportunities for safe and
wholesome recreation and
activities, individual as well as
social, for the wholesome use of
his leisure hours.
8. Every child has the right
to protection against exploitation,
improper influences, hazards, and
other condition or circumstances
prejudicial to his physical, mental,
emotional, social and moral
development.
9. Every child has the right
to live in a community and a
society that can offer him an
environment free from pernicious
influences and conducive to the
promotion of his health and the
cultivation of his desirable traits
and attributes.
10. Every child has the right
to the care, assistance, and proper
protection of the State,
particularly when his parents or contribute to the political,
guardians fail or are unable to economic, social, and
provide him with his fundamentals cultural development of the
needs for growth, development, nation as well as those
and improvement. which shall provide them
11. Every child has the right equal access to ownership,
to an efficient and honest management, and control of
government that will deepen his production, and of material
faith in democracy and inspire him and informational resources
with the morality of the and benefits in the family,
constituted authorities both in community, and society.
their public and private lives. 2. Discrimination Against
12. Every child has the right Women refers to any
to grow up as a free individual, in gender-based distinction,
an atmosphere of peace, exclusion, or restriction
understanding, tolerance, and which has the effect or
universal brotherhood, and with purpose of impairing or
the determination to contribute his nullifying the recognition,
share in building of a better world. enjoyment, or exercise by
women, irrespective of their
marital status. on a basis of
Republic Act 9710 – Magna equality of men and women,
Carta of Women “An Act of human rights and
Providing for the Magna Carta fundamental freedoms in the
of Women” political, economic, social,
cultural, civil, or any other
The Magna Carta of Women field. It includes any act or
is comprehensive women’s human omission, including by law;
right law that seeks to eliminate policy, administrative
discrimination against women by measure, or practice, that
recognizing, protecting, fulfilling directly or indirectly
and promoting the rights of excludes or restricts women
Filipino women, especially those in in the recognition and
marginalized sector. promotion of their rights and
Definition of terms: their access to and
1. Women Empowerment enjoyment of opportunities,
refers to the provision, benefits, or privileges. A
availability, and accessibility measure or practice of
of opportunities, services, general application is
and observance of human discrimination against
rights which enable women women if it fails to provide
to actively participate and for mechanisms to offset or
R.R.Pedere ‖ Human Rights Education
 address sex or gender-
based disadvantages or
limitations of women, as a
result of which women are
denied or restricted in the
recognition and protection of
their rights and in their
access to and enjoyment of
opportunities, benefits, or
privileges; or women, more
than men, are shown to
have suffered the greater
adverse effects of those
measures or practices.
Provided, finally, That the
discrimination compounded
by or intersecting with other
grounds, status, or
condition, such as ethnicity,
age, poverty, or religion
shall be considered
discrimination against
women under this Act.
Republic Act 9262 – Anti-
Violence Against Women and
their Children Act.
Republic Act 9262 – Anti-Violence
Against Women and their Children
Act.
1. Violence against women and
their children refers to any act or a
series of acts committed by any
person against a woman who is his
wife, former wife, or against a
woman with whom the person has
or had a sexual or dating
relationship, or with whom he has
a common child, or against her
child whether legitimate or
illegitimate, within or without the
family abode, which result in or is
R.R.Pedere ‖ Human Rights Education
likely to result in physical, sexual,
psychological harm or suffering, or
economic abuse including threats
of such acts, battery, assault,
coercion, harassment or arbitrary
deprivation of liberty. It includes,
but is not limited to, the following
acts:
a. Physical violence refers to
acts that include bodily or
physical harm.
b. Sexual violence refers to
an act which is sexual in
nature, committed
against a woman or her
child. It includes, but is
not limited to: Rape,
sexual harassment, acts
of lasciviousness, treating
a woman or her child as a
sex object, making
demeaning and sexually
suggestive remarks,
physically attacking the
sexual parts of the
victim's body, forcing
her/him to watch obscene
publications and indecent
shows or forcing the
woman or her child to do
indecent acts and/or
make films thereof,
forcing the wife and
mistress/lover to live in
the conjugal home or
sleep together in the
same room with the
abuser; an acts causing
or attempting to cause
the victim to engage in
any sexual activity by
force, threat of force,
 physical or other harm or activity, except in cases
threat of physical or other wherein the other
harm or coercion; and spouse/partner objects on
prostituting the woman or valid, serious and moral
child. grounds as defined in
c. Psychological violence Article 73 of the Family
refers to acts or Code; Deprivation or
omissions causing or threat of deprivation of
likely to cause mental or financial resources and
emotional suffering of the the right to the use and
victim such as but not enjoyment of the
limited to intimidation, conjugal, community or
harassment, stalking, property owned in
damage to property, common, destroying
public ridicule or household property and
humiliation, repeated controlling the victims'
verbal abuse and mental own money or properties
infidelity. It includes or solely controlling the
causing or allowing the conjugal money or
victim to witness the properties.
physical, sexual or
psychological abuse of a 2. Battery refers to an act
member of the family to of inflicting physical
which the victim belongs, harm upon the woman or
or to witness pornography her child resulting to the
in any form or to witness physical and
abusive injury to pets or psychological or
to unlawful or unwanted emotional distress. On
deprivation of the right to the other hand, battered
custody and/or visitation woman syndrome refers
of common children. to a scientifically defined
d. Economic abuse refers to pattern of psychological
acts that make or attempt and behavioral
to make a woman symptoms found in
financially dependent women living in battering
which includes, but is not relationships as a result
limited to the following: of cumulative abuse.
Withdrawal of financial 3. . Stalking is an
support or preventing the intentional act
victim from engaging in committed by a person
any legitimate profession, who, knowingly and
occupation, business or without lawful
R.R.Pedere ‖ Human Rights Education
 justification follows the temporarily to receive
woman or her child or the victim.
places the woman or her 6. Children refers to those
child under surveillance below eighteen (18)
directly or indirectly or a years of age or older but
combination. are incapable of taking
4. Dating relationship refers care of themselves as
to a situation wherein defined under Republic
the parties live as Act No. 7610. As used in
husband and wife this Act, it includes the
without the benefit of biological children of the
marriage or are victim and other children
romantically involved under her care.
over time and on a
continuing basis during
the course of the Instruction: Read and identify
relationship. A casual the following statements related to
acquaintance or ordinary Rights of accused and Rights of a
socialization between person under custodial
two individuals in a investigation. Use the following
business or social description for your answer.
context is not a dating
relationship. However, A, if the statement pertains
sexual relations refer to to Section12: Right of a
a single sexual act which person under custodial
may or may not result in investigation
the bearing of a common B, if the statement pertains
child. to Section 14: Rights of
5. Safe place or shelter accused.
refers to any home or C, if the statement does not
institution maintained or pertain to any of the above-
managed by the mentioned.
Department of Social
Welfare and 11.The accused shall be
Development (DSWD) or presumed innocent until
by any other agency or proven guilty.
voluntary organization 12. If you cannot afford an
accredited by the DSWD attorney, one will be
for the purposes of this appointed for you.
Act or any other suitable 13. No person shall be held
place the resident of to answer criminal offense
which is willing without due process of law
R.R.Pedere ‖ Human Rights Education
 14. Any person has the right
to remain silent.
15. No torture, force,
violence, threat,
intimidation, or any other
means which vitiate the free
will shall be used against
him.
Activity 2: Case Analysis
Instruction: Read carefully the
given case below and answer the
following questions.
Facts
Miranda v. Arizona: Miranda was
arrested at his home and taken in
custody to a police station where
he was identified by the
complaining witness. He was not
informed of his rights prior to the
police interrogation. During the
two-hour interrogation, Miranda
allegedly confessed to committing
the crimes, which the police
apparently recorded. Miranda, who
had not finished ninth grade and
has a history of mental instability,
had no counsel present.
At trial, the oral and written
confessions were presented to the
jury. Miranda was found guilty of
kidnapping and rape and was
sentenced to 20-30 years
imprisonment on each count. He
appealed to the Arizona Supreme
Court, claiming that the police had
unconstitutionally obtained his
confession. The court disagreed,
however, and upheld the
conviction. The Supreme Court of
R.R.Pedere ‖ Human Rights Education
the United States agreed to hear
Miranda’s case. The decision in
Miranda vs. Arizona was handed
down in 1966.
1. Why did the confession of
Ernesto Miranda was held
valid in the Arizona
Supreme Court and
invalid in US Supreme
Court? Justify.
2. Does the police’s practice
of interrogating
individuals without
notifying them of their
right to counsel and their
protection against self-
incrimination violate the
Section 17 of Bill of
Rights? Justify.
References
Books
Nolledo, J. N. (2008). Student’s
manual on the new constitution
with study helps. Mandaluyong
City: National Books Store.
Garcia, C. D. (2015). Philippine
history and government for college
students. Mandaluyong City:
Books Atbp. Publishing Corp.
Tuzon, A. (2016). The Philippine
Government and Constitution.
Philippines: Wiseman’s Book
Trading Inc. The 1987 Constitution
of the Republic of the Philippines.
Article III: Bill of Rights.

Internet source
https://www.lawphil.net/
https://
www.savethechildren.org.ph/our-
work/program/childs-rights-and-
protection/
https://www.officialgazette.gov.ph

R.R.Pedere ‖ Human Rights Education