Morales, Jayvee P.

CR1C

1. What is Human Rights?

- Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or
any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion
and expression, the right to work and education, and many more.

2. Characteristics of Human Rights

- Inalienable - Human Rights are Universal
- Indivisible and interdependent - The Right to Privacy
- Freedom - Freedom from Discrimination
- The Rights to life - Both Rights and Obligations
- Equal Treatment Before the Law - Interdependence
- All Humans are Born Equal - Universal

3. Bill of Rights (Article 1-22)

SECTION 1. 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 laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and 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 complainant and the witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.

SECTION 3. (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 as prescribed by law.(2) Any evidence obtained in violation of
this or the preceding section shall be inadmissible for any purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or 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.

SECTION 6. 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.

SECTION 7. The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents, and papers pertaining to official acts, transactions, 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.

SECTION 8. 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.
SECTION 9. Private property shall not be taken for public use without just compensation.

SECTION 10. No law impairing the obligation of contracts shall be passed.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of
his right 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 or 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 victims of torture or similar practices, and their families.

SECTION 13. 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 may be provided
by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.

SECTION 14. (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 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 witnesses face to face, and to have compulsory process to secure the
attendance of witnesses 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
unjustifiable.

SECTION 15. 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.

SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.(2) No involuntary
servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment 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 reduced 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.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. 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 to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

4. Universal Declaration of Human Rights
-The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road map for freedom
and equality – protecting the rights of every individual, everywhere. It was the first time countries agreed on the
freedoms and rights that deserve universal protection in order for every individual to live their lives freely, equally
and in dignity.
5. Inherent Right
- is something that you are entitled to just because you exist. It can't be taken away or given up, like the right to own
property or the right to be free. Some rights are created by laws or rules, but inherent rights are just part of being a
person.
6. Fundamental Rights
- Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree
of protection from government encroachment. These rights are specifically identified in the Constitution (especially
in the Bill of Rights) or have been implied through interpretation of clauses, such as under Due Process.
7. Inalienable Rights
- a right that cannot be taken away from you
8. Imprescriptible Rights

- This means that the right is permanent and cannot be lost or taken away by anyone, even if it has not been
exercised for a long time

9. Universal Right
- inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other
status. They range from the most fundamental - the right to life - to those that make life worth living, such as the
rights to food, education, work, health, and liberty.
10. Interdependent Rights
- one set of rights cannot be enjoyed fully without the other. For example, making progress in civil and political rights
makes it easier to exercise economic, social and cultural rights.

11. REPUBLIC ACT NO. 926, June 20, 1953 ]

AN ACT TO AUTHORIZE THE PRESIDENT TO CONVEY PUBLIC LAND AND OTHER PUBLIC
PROPERTY IN PAYMENT OF LANDED ESTATES ACQUIRED BY THE GOVERNMENT.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. In payment of compensation for landed estates acquired by the Government, whether thru voluntary
agreement or thru expropriation proceedings, the President of the Philippines may convey in behalf of the Republic,
with the written consent of the owner of land, in total or partial payment of such compensation, such public land "as
is disposable by sale or lease to private individuals in accordance with law and such other similarly disposable
property pertaining to the Republic of the Philippines. In effecting such exchange involving public agricultural land,
the assessed value shall not be taken into consideration.1a⍵⍴h!1

Section 2. Public lands conveyed under this Act by the President of the Philippines in behalf of the Republic shall be
limited to the area as provided for in Commonwealth Act Numbered One hundred forty-one, otherwise as the Public
Land Law.

Section 3. This Act shall take effect upon its approval.

Approved, June 20, 1953.

12. Presidential Decree No. 603
- Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code and issued in December 1974,
legally defines special categories of youths, including youthful offenders, and directs the Ministry of Social Services
and Development (MSSD) to provide comprehensive services to assist in youth development.

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee
full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Dutiesof Public Officers. –

 Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

 Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If
such person cannot afford the services of his own counsel, he must be provided with a competent and independent
counsel by the investigating officer.lawphi1Ÿ

 The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such
report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer
in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.

 Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing
and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.

 Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under
custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.

 Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any
member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.
 As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.

 Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the prosecution of crimes.

 The assisting counsel other than the government lawyers shall be entitled to the following fees;

 The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf

 The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave
felonies;

 with a capital offense.

 The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is
conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality
or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to
pay the fees of assisting counsel before the province pays said fees.

 In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

 Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to
inform any person arrested, detained or under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.

 The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested,
detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of
his own counsel.

 Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent
cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6)
years, and a fine of four thousand pesos (P4,000.00).lawphi1©

 The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent
his escape.

 Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.
 Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or
in any daily newspapers of general circulation in the Philippines.