Course Module for

HUMAN RIGHTS EDUCATION (CLJ2)

WEEK 13 - PHILIPPINE COMMISSION ON HUMAN RIGHTS

History

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. It was created during the early terms
of President Corazon Aquino, through her vested legislative
power. It superseded the existing Presidential Commission of
Human Rights.

The CHR was created as a response to the atrocities committed

during Martial Law. When the 1987 Philippine Constitution was
drafted, Article XIII on Social Justice and Human Rights clearly
defined the creation of the Commission.

It is an independent body where their annual appropriations shall be automatically and regularly
released. This means that their annual budget shall be released in a mechanical, spontaneous,
and perfunctory or in other words, without any condition.

The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote the
rights and dignity of every human being in the country. The State values the dignity of every
human person and guarantees full respect for human rights. (Sec. 11, Art. II, Philippine
Constitution)

The Congress shall give 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. (Sec. 1, Art. XIII, Philippine Constitution)

CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the United
Nations General Assembly in 1995. As an NHRI, the Commission upholds six fundamental
characteristics — independence, pluralism, broad mandate, transparency, accessibility, and
operational efficiency.
VISION
A just and humane Philippine society of persons equal in opportunity, living a life of dignity, and
forever vigilant against abuses and oppression.

MISSION
As conscience of government and the people, we seek truth in human rights issues and prevent
incidence of human rights violations. As beacon of truth, we make people aware of their rights,
and guide government and society towards actions that respect the rights of all, particularly
those who cannot defend themselves — the disadvantaged, marginalized, and vulnerable.

MANTRA
CHR ng LAHAT: Naglilingkod maging sino ka man

FUNCTIONS OF THE CHR

Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to protect
the civil and political rights of citizens in the Philippines.

In particular, the Commission on Human Rights shall have the following powers and functions:
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 under-privileged whose human rights have been
violated or need protection;

4. Exercise visitorial powers over jails, prisons, or detention facilities;

5. Establish a continuing program of research, education, and information to enhance

respect for the primacy of human rights;

6. Recommend to 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; and

11. Perform such other duties and functions as may be provided by law.

NATURE OF CHR

A. CHR is not a quasi-judicial agency that can act like a court. It cannot render judgment
defining the rights and obligations of the parties concerned. The best thing that CHR can
do is to be an investigative body on issues concerning alleged human rights violations. If
the results showed that indeed there is a violation, the CHR can recommend the
prosecution of the violators.

A quasi-judicial agency or body is an organ of government other than a court and other
than a legislature, which affects the rights of private parties through either adjudication
or rule-making.

B. The Constitution generally empowers the CHR to investigate only violations of civil and
political rights. It includes protection of rights of political detainees, treatment of prisoners
and prevention of tortures, fair and public trials, cases of disappearance, salvaging and
hamletting and other crimes committed against the religious.

In so far as the economic, social and cultural rights are involved, violations of such may
only be monitored by the CHR for the following reasons:
1. To assess the economic, social and cultural rights situation of a particular group or
community of persons or sector of society;
2. To determine the basic obligations of the government on the matter;
3. To determine the level of government’s compliance with international human rights
standards; and
4. To recommend and advice government of the appropriate legislative,
administrative, judicial, policy and program measures necessary to fully address
the economic, social and cultural rights of the people in the country.
 C. The CHR has no power to issue injunction orders in cases involving alleged violations of
human rights.

CHR, as previously mentioned, is not considered as a court of justice or even as

quasi-judical agency. Thus, it is not authorized to issue restraining or injunctions orders on
cases involving human rights violations. It can only request from a proper court the
issuance of restraining order to protect human rights or prevent its abuses.

D. The CHR can be a party-in-intervention or an amicus curiae in cases involving human

rights violations.

Under our Rules of Court, what qualifies a person or

an entity to intervene is his or its possession of a
legal interest in the matter in litigation or in the
success of either of the parties, or an interest
against both; or when he or it is so situated as to be
adversely affected by a distribution or other
disposition of property in the custody of the court or
an officer thereof.

Amicus curiae - An amicus curiae (literally, "friend of the court") is someone who is not a
party to a case who assists a court by offering information, expertise, or insight that has a
bearing on the issues in the case.

In the case of Ang Ladlad LGBT Party vs. COMELEC (G.R. No. 190582, April 8, 2010), the
CHR submitted its position that the “denial of Ang Ladlad’s petition to take part in the
party-list election based on moral grounds violated the standards and principles of the
Constitution, the Universal Declaration of Human Rights and the International Covenant
on Civil and Political Rights”.

COMPOSITION OF CHR

The CHR is composed of a chairman and four commissioners,

who shall be appointed by the President for single seven-year
terms. The qualifications for the chairman and commissioners
are as follows:

1. a natural-born citizen of the Philippines;

2. at least thirty-five years of age; and
 3. has not been a candidate for any elective position preceding their appointment.

In addition, the constitution states that a majority of the abovementioned officials must be
members of the Philippine Bar.

Commissio Chairperso Commissioners From To Appointed by

n n

1st Mary Abelardo L. Corazon Aquino

Concepci Aportadera, Jr.
on
Bautista Samuel M. Soriano
1987 1992

Hesiquio R. Mallillin

Narciso C. Monteiro

Sedfrey A. Samuel M. Soriano Fidel V. Ramos

Ordoñez
Hesiquio R. Mallillin
1992 1994
Narciso C. Monteiro

Paulyn P. Sicam

2nd Aurora P. Jorge R. Coquia

Navarette-
Re ciña Vicente P. Sibulo

1994 2001
Mercedes V. Contreras

Nasser A.
Marohomsalic

3rd Purificaci Eligio P. Mallari Gloria

on Macapagal-Arroy
2002 2008 o
Quisumbi Dominador N.
ng Calamba II
 Wilhem D. Soriano

Malik G. Marandang

Quintin B. Cueto III

4th Leila de Cecilia Rachel V.

Lima Quisumbing
2008 2010

Victoria V. Cardona
Loretta Benigno Aquino III
Ann Norberto Dela Cruz
Rosales 2010 2015
Jose Manuel S.
Mamauag

5th Jose Luis Karen Lucia

Martin Gomez-Dumpit
Gascon
Gwendolyn
Pimentel-Gana
2015 Present

Leah
Tanodra-Armamento

Roberto Eugenio Cadiz

6th Richard Beda A. Epres Ferdinand

Paat Marcos Jr.
Palpal-lato Faydah Maniri
c Dumarpa
2022
2029

Monina Arevalo
Zenarosa

WEEK 14 - UNITED NATIONS

Human rights knows no boundaries for it seeks to

define and uphold the rights of every individual
regardless of nationality. It deals with the way the
 State acts towards a person, a group and more
particularly, its own citizens.

Among the forerunners in the international field, the

United Nations has the mandate over international
human rights standards: the General Assembly, the
Economic and Social Council and the Human Rights Council.

A. The United Nations General Assembly (UNGA)

It is one of the six (6) principal organs of the United Nations

and is considered as its highest deliberative organ. It is the
only body in which every member of the organization is
represented and allowed to vote.

It is not a legislative body but can exercise deliberative,

supervisory, financial and elective functions. It can initiate
studies and make recommendations for the purpose of
assisting in the realization of human rights and fundamental
freedoms. However, it has no power to enforce its resolution
or compel state action.

Further, the UNGA has the mandate to carry out the UN’s vision to promote “universal
respect for, and observance of, human rights and fundamental freedoms.”

Thus, the UNGA engages itself in human rights standard settings such as the UDHR which
was made by UNGA into a resolution. Also through UNGA, human rights treaties such as
the following were made into a legally-binding agreement:
1. International Convention on Civil and Political Rights (ICCPR)
2. Internationational Convention on Economic, Social and Cultural Rights (ICESCR) 3.
1965 International Convention on the Elimination of All Forms of Racial Discrimination
4. 1979 Convention on the Elimination of All Forms of Discrimination againts Women
(CEDAW)
5. 1980 International Convention of the Protection of the Rights of All Migrant Workers
and Members of their Families (Migrant Workers Convention)
6. 1984 Convention Against Torture and Other Cruel. Inhuman or Degrading
Treatment or Punishment (Torture Convention)
7. 1989 Convention on the Rights of the Child (CRC)
UNGA is likewise involved in the enforcement of the said human rights standards. As a result, the
UN Human Rights Council was established by the UNGA in response to the mandate.

B. The United Nations Human Rights Council (UNHRC)

The Human Rights Council is an inter-governmental

body within the United Nations system made up of
47
States responsible for the promotion and protection
of
all human rights around the globe.

It has the ability to discuss all thematic human rights

issues and situations that require its attention
throughout the year. It meets at the UN Office at
Geneva.

The Human Rights Council replaced the former United

Nations Commission on Human Rights.

Membership

The Council is made of 47 Member States, which are elected by the majority of members of the
General Assembly of the United Nations through direct and secret ballot. The General Assembly
takes into account the candidate States' contribution to the promotion and protection of
human rights, as well as their voluntary pledges and commitments in this regard.

The Council's Membership is based on equitable geographical distribution. Seats are distributed
as follows:
1. African States: 13 seats
2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats
Members of the Council serve for a period of three years and are not eligible for immediate
re-election after serving two consecutive terms.

With membership on the Council comes a responsibility to uphold high human rights standards.
This is a criteria insisted on by States themselves when they adopted the resolution creating the
Human Rights Council.

Among the mandates of UNHRC are the promotion of human rights education and learning as
well as advisory services, technical assistance and capacity-building, to be provided in
consultation with and with the consent of Member States concerned; serves as a forum for
dialogue on thematic issues on all human rights; and make recommendations to the General
Assembly for the further development of international law in the field of human rights. Likewise,
UNHRC shall undertake a universal periodic review, based on objective and reliable information,
of the fulfilment by each State of its human rights obligations and commitments in a manner
which ensures universality of coverage and equal treatment with respect to all States.

C. The United Nations Office of the High Commissioner for Human Rights (UN OHCHR)

The Office of the High

Commissioner
for Human Rights is the leading UN
entity on human rights. It
represents
the world's commitment to the
promotion and protection of the full
range of human rights and
freedoms set out in the Universal
Declaration of Human Rights.

The UN General Assembly established The Office of the High Commissioner for Human Rights in
December 1993 through a resolution which includes its mandates. This was just a few months
after the World Conference on Human Rights adopted the Vienna Declaration and Plan of
Action.

Adopted by 171 States, the Vienna Declaration renewed the world's commitment to human
rights. It also called for strengthening and harmonizing the monitoring capacity of the United
Nations system with regards to human rights.

The missions of UN OHCHR are as follows:

1. Gives priority to addressing the most pressing human rights violations, both acute
and chronic, particularly those that put life in imminent peril
2. Focuses attention on those who are at risk and vulnerable on multiple fronts 3.
Pays equal attention to the realization of civil, cultural, economic, political, and
social rights, including the right to development
4. Measures the impact of its work through the substantive benefit that is accrued,
 through it, to individuals around the world

D. The United Nations Treaties on Human Rights

1. International Convention on Civil and Political Rights (ICCPR)

The ICCPR is a multilateral treaty adopted by the UNGA on December 16, 1966. It
entered into force on March 23, 1976. As of March 28, 2014, it has 74 signatories
and 167 parties. The Philippines signed it on December 19, 1966 and ratified it on
October 23, 1986.

The rights stated in the ICCPR are recognized as the first generation rights for they
were the earliest human rights to receive recognition.

Likewise, it advocates the right of the people to self-determination. Thus, people

are free to determine their political status and free to pursue their economic,
social and cultural development.

2. Internationational Convention on Economic, Social and Cultural Rights (ICESCR)

The ICESCR is a multilateral treaty adopted by the UNGA on December 16, 1966. It
entered into force on January 3, 1976. As of 2015, it has 71 signatories and 164
parties.

While both ICCPR and ICESCR were adopted at the same time, the rights
conferred in ICESCR are most often referred to as the second generation rights.
3. 1965 International Convention on the Elimination of All Forms of Racial
Discrimination

Racial Discrimination - 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
recognitionm 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.

4. 1979 Convention on the Elimination of

All Forms of Discrimination againts
Women (CEDAW)

Discrimination against women - 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,
irrespective of their marital status, on a basis of
equality of men and women, of human rights and
fundamental freedoms in the political, economic,
social, cultural, civil or any other field.

5. 1980 International Convention of the Protection of the Rights of All Migrant Workers
and Members of their Families (Migrant Workers Convention)

Migrant worker - is a person who is to be engaged, is engaged or has been

engaged in a remunerated activity in a State of which he or she is not a national.

The rights of a migrant worker that shall be protected by law are as follows:

a. Freedom to leave to leave any State, including their State of origin.

Likewise, migrant workers and members of their families shall have the
right at any time to enter and remain in their State of origin.
b. Not to be subjected to torture or to cruel, inhuman or degrading treatment
or
 punishment.
c. Not to be held in slavery or
servitude nor shall be required to
perform forced or compulsory
labour.
d. Right to Freedom of thought,
conscience and religion.
e. Right to hold opinions without
interference.
f. Not to be subjected to arbitrary or
unlawful interference with his or
her privacy, family, ,
correspondence or other
communications, or to unlawful attacks on his or her honour and
reputation.
g. Not to be arbitrarily deprived of property, whether owned individually or in
association with others.
h. Right to liberty and security of person.
i. Migrant workers and members of their families who are deprived of their
liberty shall be treated with humanity and with respect for the inherent
dignity of the human person and for their cultural identity.
j. Right to equality with nationals of the State concerned before the courts
and tribunals.

6. 1984 Convention Against Torture and Other Cruel. Inhuman or Degrading Treatment
or Punishment (Torture Convention)

Torture - 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. It does not include pain or suffering arising only from,
 inherent in or incidental to lawful sanctions.

7. 1989 Convention on the Rights of the Child (CRC)

Child - is every human being below the age of eighteen years unless under the
law applicable to the child, majority is attained earlier.

Rights of the Child:

a. Right to be registered after birth.

b. Right to acquire

nationality.
c. Right to know and be
cared for by his
parents.
d. Right not to be
separated from his
parents against their
will.
e. Freedom of expression.
f. Freedom of thought,
conscience and
religion.
g. Freedom of association.
h. Freedom of peaceful assembly.
i. Freedom from all forms of physical or mental violence, injury, abuse,
neglect, negligent treatment, maltreatment, or exploitation, sexual abuse. j.
Enjoyment of the highest attainable standard of health.
k. Right to benefit from social security.
l. Right to a standard of living adequate for the child’s physical, mental,
 spiritual, moral and social development.
m. Right to education.
n. Not to be denied of the right to enjoy his own culture, to profess and
practice own religion, or to use his own language.
o. Right to leisure and rest.
p. Protection from economic exploitation.
q. Protection from all forms of sexual exploitation and sexual abuse.

1999 Worst Forms of Child Labor Convention (Worst Forms of Child Labor)
a. All forms of slavery or practices
similar
to
slavery.
b. Use,
procuring,
or offering
of a
child for

prostitution and
production of pornography.
c. Production and trafficking of
drugs.
d. Work which, by its nature or the
circumstances in which it is
carried out, is likely to harm the
safety, health and morals of
children.
WEEK 15: INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT

A. International Court of Justice (ICJ) is one of the six (6) principal organs of the United
Nations. It was established in June 1945 by the Charter of the United Nations and began
work in April 1946.
The Court’s role is to settle, in accordance with international law, legal disputes submitted
to it by States and to give advisory opinions on legal questions referred to it by authorized
United Nations organs and specialized agencies. The Court decides disputes between
countries, based on the voluntary participation of the States concerned. If a State agrees
to participate in a proceeding, it is obligated to comply with the Court’s decision.

It settles disputes between states in accordance with international law and gives advisory
opinions on international legal issues. The ICJ is the only international court that
adjudicates general disputes between countries, with its rulings and opinions serving as
primary sources of international law.

Membership:
i. The court shall consist of fifteen (15) members, no two of whom may be nationals of
the same state.
ii. The members shall be elected by absolute majority vote in both the General
Assembly and the Security Council simultaneously but separately.
iii. Members of the Court have a term of nine (9) years, and may be reelected. iv.
The qualifications are as follows:
a. Independent judges
b. Elected regardless of their nationality
c. Of high moral character
d. Possesses the qualifications required in their respective countries for
appointment to their highest judicial offices or a juris consults of
recognized competence in international law.
v. Once elected, a member of the Court is a delegate neither of the government of his
own country nor that of any other state.
 The current president of the ICJ is Abdulqawi Ahmed Yusuf of Somalia. He assumed office
on February 6, 2018.

The ICJ is located in The Hague, The Netherlands.

Jurisdiction in Contentious Cases

All cases which the parties refer to it and all matters specially provided for in the UN
CHarter or in treaties and conventions in force. The ICJ has only jurisdiction on
contentious cases where only states are parties thereto and their consent is needed.
Nothing in the UN Charter prevents UN Member States from entrusting the solution of their
differences to other tribunals by virtue of their agreements already in existence or which
may be concluded in the future.

Limitations on Jurisdiction:
1. Only states may be parties in cases before it; and
2. Consent of the parties is needed for the court to acquire jurisdiction over the case.

B. International Criminal Court (ICC)

The International Criminal Court was

established by the Rome Statute on
July 17, 1988. It is the first permanent
treaty-based,
international criminal court
established to promote the rule of
law and ensure that the gravest
international crimes do not go
unpunished. It shall have the power
to exercise its jurisdiction over
persons for the most serious crimes of
international concern, as referred to
in the Rome Statute, and shall be
complementary to national criminal
jurisdictions.
Crimes within the Jurisdiction of the ICC:
a. Genocide - it is characterised by
the specific intent to
destroy in
whole or in part a
 national, ethnic,
racial or religious group by killing its
members or by other means:
causing serious bodily or mental
harm to members of the group;
deliberately inflicting on the group
conditions of life calculated to
bring about its physical destruction
in whole or in part; imposing
measures intended to prevent
births within the group; or forcibly transferring children of the group to another group.

b. Crimes against humanity - these are serious violations committed as part of a large-scale
attack against any civilian population. The 15
forms of crimes against humanity listed in the
Rome Statute include offences
such as murder, rape,
imprisonment, enforced
disappearances, enslavement –
particularly of women and
children, sexual slavery, torture,
apartheid and deportation.

c. War crimes - are grave breaches of the Geneva conventions in the context of armed
conflict and include, for instance, the use of child soldiers; the killing or torture of persons
such as civilians or prisoners of war; intentionally directing attacks against hospitals,
historic monuments, or buildings dedicated to religion, education, art, science or
charitable purposes.

d. Crime of aggression (Crimes against Peace) - is the use of armed force by a State against
the sovereignty, integrity or independence of another State.

Membership:
a. The ICC's 18 judges are elected by the Assembly of States Parties for their qualifications,
impartiality and integrity, and serve 9-year, non-renewable terms.
b. They ensure fair trials and render decisions, but also issue arrest warrants or summonses to
appear, authorize victims to participate, order witness protection measures, and more. c.
They also elect, from among themselves, the ICC President and two Vice-Presidents, who
head the Court.
The ICC is located in The Hague, The Netherlands.

The ICC is intended to complement, not to replace, national criminal systems; it prosecutes
cases only when States do not are unwilling or unable to do so genuinely.

As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it
relies on cooperation with countries worldwide for support, particularly for making arrests,
transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets,
and enforcing sentences.

While not a part of the United Nations organization, the Court has a cooperation agreement with
the United Nations. When a situation is not within the Court’s jurisdiction, the United Nations
Security Council can refer the situation to the ICC granting it jurisdiction. This has been done in
the situations in Darfur (Sudan) and Libya.

The ICC actively works to build understanding and cooperation in all regions. The Court
cooperates with both States Parties and non-States Parties.

The Philippines Status

The Philippines deposited its instrument of

ratification of the Rome Statute on 30 August
2011, granting the ICC jurisdiction over Rome
Statute crimes committed on the territory of
the Philippines or by its nationals from 1
November 2011onwards. The Philippines'
withdrawal from the Rome Statute was
notified on 17 March 2018 and became
effective on 17 March 2019. Pursuant to
article 127.2 of the Statute and based on prior ICC ruling in the situation in Burundi, the Court
retains its jurisdiction over crimes committed during the time in which the State was party to the
Statute and may exercise this jurisdiction even after the withdrawal became effective.
WEEK 16: DOMESTIC ENFORCEMENT OF HUMAN RIGHTS

In order for international human rights standards to be adopted and enforced in the Philippines,
it must comply with either of the two recognized theories of adaptation. These are:

1. Incorporation - a State is, by reason of its

membership in the family of
 nations, bound
by the generally accepted principles of
international law, the same being
considered as part of its own laws.

2. Transformation - applied through the

treaty-making power of the President.
Through this power, rules and principles
embodied in a treaty in force would be
transformed into Philippine Law and shall
become valid and effective upon the concurrence of two-thirds (⅔) of all the members
of the Senate.

Rules in the Resolution of Conflict between International Law and National Law

General Rule: Attempt to reconcile apparent contradiction and thereby give effect if possible to
both systems of law. It is presumed that municipal law is always enacted by each state with due
regard for and never in defiance of the generally accepted principles of international law.

Conflict Resolved by Local Court: The Philippine, as the highest law of the land, should be upheld
as against a conflicting international law. Rules of international law are given a standing equal,
not superior, to national legislative enactments.

Conflict Resolved by International Tribunal: National laws must yield to the laws of nations
because international law provides the standards by which the legality of State conduct is to be
determined.

So how does a domestic court or municipal court enforce human rights?

A. The Court can enforce human rights through judicial power.

Judicial power is defined as the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave
abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch or instrumentality of the
Government.

Before the Court can take cognizance of a

 case, there must be a justiciable issue
which means that there should be a clear,
demandable and enforceable right
provided under the law as well as an act or
omission which violates such right. Thus, there must be a law granting such rights and a
person or an entity violates such rights so that a court can act upon it.

The civil and political rights enshrined under the Constitution are self-executory, hence,
these are generally justiciable rights which the Court can readily take cognizance of
even in the absence of a law coming from the Congress.

The economic, social and cultural rights enshrined in the Constitution are generally not
self-executory, hence, these rights are not justiciable issues. As such, a violation of these
will not be acted upon by the Court through its judicial power unless there is a legislation
coming from the Congress.

However, in one of the celebrated cases decided by the Supreme Court, the right to a
balanced and healthful ecology, although considered as an economic, social and
cultural rights, is held to be a justiciable issue. The Court held that even though the right to
a balanced and healthful ecology is under the Declaration of Principles and State
Policies of the Constitution and not under the Bill of Rights, it does not follow that it is less
important than any of the rights enumerated in the latter: “[it] concerns nothing less than
self-preservation and self-perpetuation, the advancement of which may even be said to
predate all governments and constitutions”. The right is linked to the constitutional right to
health, is “fundamental”, “constitutionalised”, “self-executing” and “judicially
enforceable”. It imposes the correlative duty to refrain from impairing the environment.
(Oposa vs. Factoran, G.R. No. 101083, July 30, 1993).

B. The Supreme Court can also take a direct and active part in the enforcement of human
rights through its rule-making power. It means that it has the exclusive power to
promulgate rules concerning the protection and enforcement of constitutional rights.
Such rules shall not diminish, increase, or modify substantive rights. .

Under this authority, the Supreme Court issued the following:

1. Rule 102 of the Rules of Court on the Writ of Habeas Corpus

The writ of habeas corpus shall extend to all cases of illegal confinement or
detention by which any person is deprived of his liberty, or by which the rightful
 custody of any person is withheld from the person entitled thereto.

The writ shall be directed as follows:

i. In case of imprisonment or restraint by an officer, the writ shall be directed to
him, and shall command him to have the body of the person restrained of
his liberty before the court or judge designated in the writ at the time and
place therein specified.
ii. In case of imprisonment or restraint by a person not an officer, the writ shall
be directed to an officer, and shall command him to take and have the
body of the person restrained of his liberty before the court or judge
designated in the writ at the time and place therein specified, and to
summon the person by whom he is restrained then and there to appear
before said court or judge to show the cause of the imprisonment or
restraint.

2. Administrative Matter (A.M.) No. 08-1-16-SC or the Rule on the Writ of Habeas Data

The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party.

Thus, in the case of Gamboa vs. Chan (G.R. No. 193636, July 24, 2012), it held that
iIn order for the Writ of Habeas Data to be proper, there must be a connection
between the person’s right to privacy on one hand and his right to life, liberty, or
security on the other.

The writ of habeas data is an independent and summary remedy designed to

protect the image, privacy, honor, information, and freedom of information of an
individual, and to provide a forum to enforce one’s right to the truth and to
informational privacy. It seeks to protect a person’s right to control information
regarding oneself, particularly in instances in which such information is being
collected through unlawful means in order to achieve unlawful ends.

It must be emphasized that in order for the privilege of the writ to be granted,
there must exist a nexus between the right to privacy on the one hand, and the
right to life, liberty or security on the other.
 3. Administrative Matter (A.M.) No. 07-9-12-SC or the Rule on the Writ of Amparo

The writ of amparo is a remedy available to any person whose right to life, liberty
and security is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ shall
cover extralegal killings and enforced disappearances or threats thereof.

The remedy of the Writ of Amparo is an equitable and extraordinary remedy to

safeguard the right of the people to life, liberty and security as enshrined in the
1987 Constitution. The Rule on the Writ of Amparo was issued as an exercise of the
Supreme Court's power to promulgate rules concerning the protection and
enforcement of constitutional rights. It aims to address concerns such as, among
others, extrajudicial killings and enforced disappearances. (De Lima vs. Gatdula,
G.R. No. 204528, February 19, 2013)

4. Administrative Matter (A.M.) No. 07-9-12-SC or the Rule on the Writ of Kalikasan

The Writ of Kalikasan is a remedy available to a natural or juridical person, entity

authorized by law, people’s organization, non-governmental organization, or any
public interest group accredited by or registered with any government agency,
on behalf of persons whose constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an unlawful act or omission of
a public official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.

Any Filipino may file an action to enforce environmental rights or obligation in

representation of others including minors and generations yet unborn. (Oposa vs.
Factoran)
References:

Books

1. Rene V. Sarmiento, (2017). Human Rights Law, Human Rights Culture. Rex Printing
Company, Inc.
2. James Gregory A. Villasis (2020). Philippine Human Rights Law and Jurisprudence. Rex
Printing Company, Inc.
3. Luis B. Reyes, (2008). The Revised Penal Code: Book One. Rex Printing Company, Inc. 4.
 Rolando A. Suarez (2008). Constitutional Law Reviewer. Rex Printing Company, Inc. 5. Antonio
E. B. Nachura (2016). Outline Reviewer in Political Law. VJ Graphic Arts, Inc. 6. Federico B.
Moreno (2000). Moreno’s Law Dictionary. Rex Bookstore Inc. 7. Joaquin J. Bernas (2011). The
1987 Philippine Constitution: A Comprehensive Reviewer. Rex Bookstore, Inc.
8. San Beda College of Law 2016 Centralized Bar Operations (2016). Political Law Book. San
Beda University.
9. University of Sto. Tomas Golden Notes (2011). Political Law.
10. 1987 Philippine Constitution.

Printed Materials:
1. Know Your Rights: A Citizen’s Primer on Law Enforcement 2008. PNP Human Rights Affairs
Officer.

Online Resources:
1. OVERVIEW OF PHILIPPINE JUVENILE JUSTICE AND WELFARE Jeza Mae Sarah C. Sanchez
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf 2.
www.chr.gov.ph
3. www.lawphil.net
4. www.thesaurus.com
5. www.dictionary.com
6. www.batasnatin.com
7. www.gov.ph
8. www.quora.com
9. www.google.com
10. www.pcw.gov.ph
11. www.ohchr.org/en/hrbodies/hrc/pages/home.aspx
12. www.britannica.com/topic/United-Nations-General-Assembly
13. www.un.org/en/model-united-nations/international-court-justice
14. www.icc-cpi.int