Kolehiyo Ng Subic

WFI Compound Wawandue

Subic, Zambales

Law-Related Studies

Accountability of Public Officers

Environmental Law
Human Rights
Consumer Law
Human Relations

Submitted by:
Fider, Aaron Christopher A.
Flores, Isaias K.
Lamamigo, Astrid Joy
Pagaling, Cristine Joy
Redondo, Czarina Marie R.
Reyna, Jhosoa B.
Sancon, Caycee Claire
Santos, Mary Margarrette R.
Solar, Shobelly M.
Tarnate, John Ray D.

Submitted to:
Norwin B. Nicol

Bachelor of Secondary Education Major in Social Studies

June 16, 2023

1 For Academic Purposes Only

All The Researches Belongs To The Rightful Authors Of The Law
A. ACCOUNTABILITY OF PUBLIC OFFICERS

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Section 1. Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency; act with patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by
the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

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(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise
be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created under this
Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman must have, for ten years
or more, been a judge or engaged in the practice of law in the Philippines.

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During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.

Section 10: Public Office is a Public Trust

This section states that public officers and employees must serve the people with utmost
responsibility, integrity, loyalty, and efficiency. They are required to act with patriotism and
justice, and maintain a high standard of ethics and excellence.

Section 11: Accountability of Public Officers

Public officers and employees are accountable to the people and the State for their actions and
must submit themselves to the Constitution and other laws. They are expected to be committed to
the principles of public accountability.

Section 12: Prohibition on Nepotism

This section prohibits public officers from appointing their relatives by consanguinity or affinity
to any public office, unless it is allowed by law or if the appointment is in the public’s best
interest. The intention is to prevent favoritism and ensure meritocracy in public service.

Section 13: Presidential Immunity from Suit

The President of the Philippines is immune from suit during their term. However, the President
can be impeached for certain offenses, as provided in the Constitution.

Section 14: The Ombudsman

The Office of the Ombudsman is established to promote accountability and integrity in public
service. The Ombudsman investigates and prosecutes public officials and employees for any
wrongdoing or violation of the law. It also addresses complaints against public officers and
ensures that they are held accountable for their actions.

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Section 15: Impeachment
Public officials, including the President, Vice President, members of the Supreme Court,
members of constitutional commissions, and the Ombudsman, can be impeached for culpable
violations of the Constitution, treason, bribery, graft and corruption, and other high crimes. The
impeachment process involves the House of Representatives filing impeachment charges and the
Senate conducting the trial.

Section 16: Recovery of Ill-Gotten Wealth

This section establishes the right of the State to recover ill-gotten wealth amassed by public
officers and employees, including their close relatives and associates, through the filing of
appropriate cases.

Section 17: Constitutional Commissions

The Constitution provides for three independent constitutional commissions, namely the Civil
Service Commission, the Commission on Elections, and the Commission on Audit. These
commissions are tasked with ensuring accountability and integrity in the government,
particularly in relation to the civil service, elections, and the use of public funds.

Section 18: Public Disclosure of Assets and Liabilities

Public officials and employees are required to submit a declaration of their assets, liabilities, and
net worth upon assuming office, as well as during their tenure. This provision aims to promote
transparency and prevent corruption by allowing the public to monitor the wealth and financial
activities of public officials.

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B. ENVIRONMENTAL LAW
Environmental Laws are laws that protect the environment. This includes environmental
regulations; laws governing management of natural resources, such as forests, minerals, or
fisheries; and related topics such as environmental impact assessments.

PRESIDENTIAL DECREE No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

WHEREAS, the individual and, at times, conflicting, demands of population growth,

urbanization, industrial expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piecemeal-approach concept of environmental
protection;

WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal

environmental situation where man and nature can thrive in harmony with one another; and

WHEREAS, there is now an urgent need to formulate an intensive, integrated program of

environmental protection that will bring about a concerted effort towards the protection of the
entire spectrum of the environment through a requirement of environmental impact assessments
and statements:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop,
maintain and improve conditions under which man and nature can thrive in productive and
enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of
present and future generations of Filipinos, and (c) to insure the attainment of an environmental
quality that is conducive to a life of dignity and well-being.

Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in
cooperation with concerned private organizations and entities, to use all practicable means,
consistent with other essential considerations of national policy, in promoting the general welfare
to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each

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generation as trustee and guardian of the environment for succeeding generations, (b) assure the
people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the
widest exploitation of the environment without degrading it, or endangering human life, health
and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve
important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly
balance between population and resource use, and (f) improve the utilization of renewable and
non-renewable resources.

Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the
Government recognizes the right of the people to a healthful environment. It shall be the duty
and responsibility of each individual to contribute to the preservation and enhancement of the
Philippine environment.

Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and
goals, all agencies and instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations firms and entities shall prepare,
file and include in every action, project or undertaking which significantly affects the quality of
the environment a detail statement on

A. the environmental impact of the proposed action, project or undertakin

B. any adverse environmental effect which cannot be avoided should the proposal be
implemented;
C. alternative to the proposed action;
D. a determination that the short-term uses of the resources of the environment are
consistent with the maintenance and enhancement of the long-term productivity of the
same; and
E. whenever a proposal involve the use of depletable or non-renewable resources, a finding
must be made that such use and commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies having
jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft
environmental impact statement made by the lead agency within thirty (30) days from receipt of
the same.

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Section 5. Agency Guidelines. The different agencies charged with environmental protection as
enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity of
this Decree, submit to the National Environmental Protection Council (NEPC), their respective
guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental
impact assessments and statements.

Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby
repealed, amended or modified accordingly.

Section 7. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and
seventy-nine.

Constitutional Provisions on Environmental Law (1987)

Section 16, Article II of the 1987 Constitution explicitly provides:

Sec. 16. The State shall protect and advance the right of the people
To a balanced and healthful ecology in accord with the rhythm and Harmony of nature. The
aforementioned provision of the 1987 Constitution was espoused by The Supreme Court as
enunciated in Oposa, et al. vs. Factoran, et al. (G.R. No. 101083, 30 July 1993) articulating the
responsibility of each generation as trustee And guardian of the environment for succeeding
generations. In fact, such Responsibility pertains to us not only for being citizens of the
Philippines but as Citizens of the world. Though the factual backdrop of the said case involved
Timber license agreements, the protection and conservation of the Republic’s Marine and aquatic
resources is no less important. The said right need not even Be written into our Constitution or
our laws for they are said to have been in Existence from the inception of mankind.

Since the right to a balanced and Healthful ecology carries with it the correlative duty to refrain
from impairing the Environment, it is a paramount obligation of the State to safeguard such right
lest Such day will come when’ all else would be lost and the generations to come shall Inherit

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nothing but a parched earth incapable of sustaining life. Republic Act 8550, otherwise known as
The Philippine Fisheries Code of 1998, was thus enacted into law for the purpose of achieving
food security as the Overriding consideration in the utilization, management, development,
Conservation and protection of fishery resources in order to provide the food Needs of the
population and the improvement of the productivity of aquaculture Within ecological limits,
among others. However, the same yielded marginal results and proved to be quite Ineffective as
a deterrent for persons, both natural and juridical, in pursuing the Unlawful acts as defined in the
R.A. 8550. Circumvention of the aforesaid law, or Even its direct violation, is still prevalent for
the reason that the penalties therein Provided are merely nominal.

THE PHILIPPINE CLEAN AIR ACT OF 1999 (R.A 8749)

INTRODUCTION

Republic Act no. 8749 or the Philippine Clean Air Act is a comprehensive air quality.

Management policy and program which aims to achieve and maintain healthy air for all Filipinos.
The law was enacted on June 29, 1999 by the 11" Congress of the Republic of the Philippines.
The Act lays down policies to control the spread of air pollution. It sets standards for vehicle
owners and manufacturing concerns to follow and imposes the appropriate punishments for
violators of the law. It also outlines different programs implemented by the government in order
to manage and maintain air quality.

A. State Principles

a. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

b. The State shall promote and protect the global environment to attain development
while recognizing the primary responsibility of local government units to deal with
environmental problems.

c. The State recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based.

d. The State also recognizes the principle that "polluters must pay".

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 e. The State recognizes that a clean and healthy environment is for the good of all and
should, therefore, be the concern of all.

B. Recognition of Rights of Citizens

a. The right to breathe clean air;

b. The right to utilize and enjoy all natural resources according to

с.the principles of sustainable development: The right to participate in the formulation,

planning, implementation and monitoring of environmental policies and programs and in
the decision-making process:

d. The right to participate in the decision-making process concerning development

policies, plans and programs projects or activities that may have adverse impact on the
environment and public health; e. The right to be informed of the nature and extent of the
potential hazard of any activity, undertaking or project and to be served timely notice of
any significant rise in the level of pollution and the accidental or deliberate release into
the atmosphere of harmful or hazardous substances:

f. The right of access to public records which a citizen may need to exercise his or her
rights effectively under this Act; g. The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of environmental laws and regulations, to
compel the rehabilitation and cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws;

h. The right to bring action in court for compensation of personal damages resulting from
the adverse environmental and public health impact of a project or activity.

GOVERNMENT AGENCY INVOLVED

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Act as an overall of the lead agency Prepare National Air Quality Report which shall use
a formulating the Integrated Air Quality Management: Issue rules and regulations in the
implementation of the Act.

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DEPARTMENT OF TRANSPORTATION AND COMMUNICATION

In Coordination with the DENR in case of industrial discharges and the DOTC, in case of
motor vehicle shall, based on the Environmental techniques, design. impose on and collect
Regular emission charges from all said discharges as part of the emission permitting system or
vehicle registration renewal System as the case may be implemented the emission standard for
motor vehicle.

DEPARTMENT OF SCIENCE AND TECHNOLOGY

With the DENR, other agencies private sector, the academe, non-government
organization shall establish a national a National Research Program for the prevention and
control of Air pollution

DEPARTMENT OF TRADE AND INDUSTRY

Together with the DENR shall develop an action plan for the control and management air
pollution from motor Vehicles with the intergraded Air Quality Management Framework.

PHILIPPINES ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SERVICE

ADMINISTRATION

Shall regularly monitor meteorological factors affecting Environmental conditions

including ozone depletion and greenhouse gases.

PHILIPPINE NUCLEAR RESEARCH INSTITUTE

With the DENR shall regulate all projects which will involve the use of atomic nuclear
energy, and will entail release of radioactive Substances into the environment incident to the
establishment or possession of nuclear energy facilities and radioactive materials Handling,
transport, production, storage and use of radioactive Materials.

DEPARTMENT OF EDUCATION, COMMISSION ON HIGHER EDUCATION,

DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT PHILIPPINE
INFORMATION AGENCY

Shall encourage participation of government and the private sector including NGOS POS,
academe, environmental groups and other private entities in a multi-sectoral Campaigns.

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 1. What are covered by the Clean Air Act?

All potential sources of air pollution (mobile, point and area sources) must comply with the
provisions of the law. All emissions must be within the air quality standards.

● Mobile sources refer to vehicle like cars, trucks, buses, jeepneys,

tricycles.motorcycles and vans. Point sources refer to stationary sources
such as industrial firms and smokestacks of power plants, hotels and
other establishments.Area sources refer to sources of emission other than
the above. These include smoking, burning of garbage, and dust from
construction, unpaved grounds, etc.
2. What are the compliance mandates for mobile sources of air pollution?
● Exhaust emission standards for various mobile sources that are either in-
use, new, rebuilt, and imported second hand have been set.

All new motor vehicles classified under the Philippine National Standards

1891 of the Bureau of Product Standards of Department of Trade and Industry, whether
locally assembled/ manufactures or imported are to be covered by a Certificate of
Conformity (COC). The COC is to be issued by the DENR to the motor vehicle
manufacturer, assembler or importer.

In-use motor vehicles will only be allowed renewal of their registration upon proof of
compliance with emission standards through actual testing by the Motor Vehicle
Inspection System (MVIS) of the DOTC/LTO, and authorized private emission testing
centers.

Rebuilt motor vehicles or imported second hand completely built-up or pre-regulated

vehicles retrofitted with secondhand engines will only be allowed registration or renewal
of registration upon submission of a valid Certificate of Compliance to Emission
Standards (CCES) issued by the DOTC, The CCES will only be issued if the exhaust
emission standard for that specific motor vehicle is met, as verified by actual testing
through the Motor Vehicle Inspection System (MVIS).

● What will be done to smoke belching vehicles on the road?

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 Smoke belching vehicles on the road shall be subjected to emission testing by
properly equipped enforcement teams from the DOTC/LTO or its duly deputized
agents.Violators will be subject to the following fines/ penalties:
• 1st offense - ONE THOUSAND PESOS (P1,000.00)
• 2nd offense - THREE THOUSAND PESOS (P3,000.00
• 3rd offense. FIVE THOUSAND PESOS (P5,000.00) plus seminar on pollution
management.

Violation of Standards for Motor Vehicles

No motor shall be registered with the DOTC unless it meets the standards set by the department
as provided in Section 21. In addition, the driver and operator of the apprehended vehicle shall
suffer the following penalties:

a. First Offense - A fine not to exceed Two thousand Pesos (P2000)

b. Second Offense - A fine not less than Two thousand Pesos (P2000) and not to
exceed Four thousand Pesos (Pfi000)

c. Third Offense - One (1) year suspension of MVR and a fine not less than Four
thousand Pesos (Pfi000) and more than Six thousand Pesos (P6000)

Fuels...

Clean fuels are needed to achieve clean air. The CAA thus provides for:

1. The complete phase out of leaded gasoline before the end of the year 2000.
2. The lowering of the sulfur content of industrial and automotive diesel.respectively,
from 0.5% to 0.3% and from 0.2% to 0.05%, 3. The lowering of aromatics in
unleaded gasoline from fi5% maximum to 35% maximum; and the lowering of
benzene in unleaded gasoline from fi% maximum to 2% maximum. fi. Further
improvements on the fuel quality, excluding cleaner alternative fuels, will be
spearheaded by the Department of Energy.

● What will be done to polluting industries?

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 ➢ A fine of not more than 100,000 for every day of violation shall be charged
against the owner of a stationary source, until such time that standards have been
met.
➢ For gross violation, the penalty is imprisonment of not less than six years but not
more than 10 years upon the discretion of the court. At the same time, the
Pollution Adjudication Board (PAB) could close the firm through the issuance of
a Cease-and-Desist Order.

Smoking is banned beginning May 25, 2001, in any of the following locations: The
local government units are mandated to implement these provisions of the law.
Penalty to violation of this provision is six months and one day to one year
imprisonment, or a fine of ten thousand pesos:

● Inside a public building.

● Enclosed public places including public vehicles and other means of transport. In
any enclosed area outside of one's private residence. private place of work.
● Any duly designated area which will be enclosed.

● What can you do to help clean the air?

For vehicle owners/motorists:

● Maintain your vehicle by changing oil regularly (every 5,000 kilometers)

● Keep the engine well-tuned following the owner's manual
● Keep tires properly inflated
● Plan trips and observe proper driving habits
● Remove unnecessary things from the trunk. Don't overload and travel only at
speed required by traffic regulations and road conditions.

For commuters:

● Try talking to the jeep/bus/tricycle driver about the high health risks of poor
vehicle maintenance and improper driving practices.
● Patronize mass railway transit.

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At home:

● Use low watt bulbs or energy saving lights

● Limit the use of air conditioning units and keep the temperature a few degrees
higher
● Don't burn garbage Avoid using aerosols
● Properly dispose of refrigerant, refrigeration equipment and used coolant

FOR EVERYONE:

● Report smoke belchers to LTO, MMDA and/or appropriate local government

units.
● Work with residential association to stop burning of garbage.
● Spread the word about the ban of smoking in public places.
● Plant trees

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C. HUMAN RIGHTS

PREAMBLE
We, peoples of the Philippines, give highest value to the dignity and fullness of life of the human
person and share a common aspiration for human rights—even as we speak different languages
and dialects, profess different spiritual beliefs and uphold different ideologies.
Ours is a history of revolutionary struggle against all forms of oppression for national freedom,
justice, equality and peace. The same struggle and aspirations for freedom and respect for human
rights have inspired our collective spirit to become a nation proud of our heritage and diverse
culture. Today, we rekindle the same revolutionary spirit in our struggle against the negative
effects of globalization, debt burden, environmental destruction, social inequality and poverty.
These make human and peoples’ rights our foremost concern.
We assert that human and peoples’ rights are our fundamental, inherent and inalienable rights to
life, dignity and development. We recognize that these rights are universal, interdependent and
indivisible and are essential to fulfill and satisfy our civil, political, economic, social, cultural,
spiritual and environmental needs. They are what make us human.
The growing democratization process and human rights consciousness as exemplified in the
active participation and assertion of civil society have served as tools in opposing all forms of
human rights violations and all forces that block our development as individuals and as a nation.
Therefore, we hereby proclaim by this declaration, the basic standards for the protection,
promotion, respect and fulfillment of human and peoples’ rights by the State.

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and
respect for these basic rights should be guaranteed, protected and upheld by the State.
2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and as
members of communities and ensure their capacity for self-development. The State should
formulate policies, enact laws and provide mechanisms that are in conformity with universal
human rights standards.

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3. The State has the obligation to provide the highest standard of living for its citizens by
eradicating social, economic, political, cultural, ethnic and gender inequalities. In the
determination and implementation of laws and policies, the government must always respect and
consider the concerns of women, children and youth, persons with disabilities, the mentally
challenged, older persons, indigenous and Moro peoples, the urban and rural poor, farmers and
fisherfolk, workers - local and overseas, public or private, whether formally employed or not,
displaced families and communities and other vulnerable sectors, with the view to ensuring their
empowerment.
4. The diversity and plurality of the Philippines must be safeguarded through respect and
tolerance. The State must respect and promote harmony and understanding between and among
individuals, communities and peoples. It must uphold non-discrimination among peoples
regardless of age, race, ethnicity, religion, gender, physical ability, sexual orientation, social
beliefs and political convictions. Cultural traditions and institutionalized power shall not serve as
justification for any form of violence, abuse, neglect, or deprivation of human and peoples’
rights.

CIVIL RIGHTS
5. We have the right to life, liberty, security and property. We have the right to a transparent,
credible, competent and impartial justice system, free from influence and corruption, where
wrongs are redressed and justice is dispensed fairly, speedily and equitably. We must have equal
access to the courts and adequate legal assistance. We must be treated equally before the law
regardless of our political, social and economic status.
6. We have a right to the security and privacy of our persons and our homes. The State shall
respect and uphold our right to the privacy of communication, information, private transactions
and affairs. The State shall ensure our freedom of movement and liberty of abode.
7. The requirements of due process of law shall be observed before, during and after trial. The
accused is presumed innocent until proven guilty and shall enjoy the right against self-
incrimination, the right to an independent and competent counsel preferably of his or her own
choice, and the right to be informed of such rights.

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8. Detainees and prisoners have the right to humane conditions of detention with adequate food,
space and ventilation, rest and recreation, sanitary and health services, and skills training. They
have the right to communicate with counsel, family and friends and be visited by them. The right
to practice their religious beliefs and to express themselves shall likewise not be denied. The
State must provide separate detention facilities for women and children in conflict with the law.
Detainees and prisoners shall be given the opportunity for correction and rehabilitation towards
their reintegration into society.
9. No person shall be subjected to arrests, searches, seizures and detention without due process of
law. No suspect, detainee or prisoner shall be subjected to torture, force, violence, intimidation,
harassment or threats. No accused shall be subjected to trial by publicity. Neither shall cruel,
inhuman or degrading punishment or treatment or incommunicado or solitary confinement be
imposed.
10. We have the right against involuntary disappearances. The State shall protect its citizens
from all forms of systematic and massive extrajudicial and summary killings. The State shall
take responsibility for all the acts of its State agents and give information and assistance to the
families of the disappeared.

POLITICAL RIGHTS
11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to
meaningful representation, participation and decision-making about individual and community
concerns shall be recognized and maintained. The protection of life, liberty and property, the
upliftment of economic conditions and the promotion of the general welfare are essential
prerequisites of a truly democratic society.
12. Public office is a public trust. Transparency, accountability, integrity and competence are
minimum standards of good governance. It is the State’s duty to eliminate graft and corruption at
all levels of the bureaucracy. Towards this end, our right to information on matters involving
public interest shall be safeguarded.
13. We have the right to determine, participate, intervene and take action in all matters that
directly and indirectly affect our welfare. The freedoms of speech, press, association and
peaceful assembly shall at all times be recognized and protected by the State.

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14. The State shall provide equal access to opportunities for public service to all competent and
qualified citizens. The State must equitably diffuse political power and prohibit political
dynasties in accordance with democratic principles.
15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and
corrupt regime by means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its
citizens shall be adequately nourished and free from hunger. The State has the obligation to
establish a responsive social housing program and protect the people from unjust evictions from
their homes. Protection and assistance shall be accorded to marginalized families and vulnerable
sectors of society.
17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally
sensitive education, responsive to our needs, which advances the culture of human rights.
18. The State must establish a responsive social welfare system that contributes to the continuous
improvement of its people and their lives. All public utilities should be accessible and affordable
to meet the peoples’ basic necessities.
19. Children and youth have rights to special care, education, health, and protection against all
forms of abuse, discrimination, exploitation, corruption, and conditions affecting their moral
development. The best interest of the child shall always take precedence in State policies and
laws.
20. Women are partners of men in nation building. They have equal rights in civil, political,
social, and cultural aspects of life. The State shall protect and defend them from discrimination,
exploitation, trafficking, assault, battery and other forms of abuse and violence.
21. Men and women have reproductive rights. The State shall recognize the rights of all couples
and individuals to decide freely and responsibly the number, spacing and timing of their children
and to have the information and means to do so, and the right to attain the highest standard of
sexual and reproductive health. The State shall also recognize the rights of couples in making
decisions regarding reproduction free of discrimination, coercion and violence, as expressed in
human rights documents.

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22. The indigenous and Moro peoples have the right to equality with all other peoples and
against all forms of discrimination. They have the right to existence as distinct peoples free from
assimilation as well as the right to resist development aggression, which threatens their survival
as a community. Thus, the State shall assist and support them in the protection and preservation
of their culture, language, tradition and belief. They have an inherent right to their ancestral
domain, which must be given urgent immediate attention and protection by the State and should
be respected and defended by all.
23. The State shall accord special protection to persons with disabilities. They have the right to
enjoyment of equal opportunity as well as appropriate and accessible social services, education,
employment, rehabilitation and social security.
24. Older persons shall be given preferential treatment by the State. They shall be given priority
in terms of accessible social security and health.

ECONOMIC RIGHTS
25. We have the right to a nationalistic and independent economic policy protected from foreign
domination and intrusion. We have the right to a self-reliant economy based on national
industrialization. We have the right to resist all forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt management strategy, and to repudiate all foreign
debts that do not benefit the people. The State shall develop efficient and effective debt
management strategies that will benefit the people and shall give preferential treatment to local
capital.
26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have the right to just
compensation, dignified and humane working environment, job security, the right to form and
join unions and organizations, to bargain collectively, to go on strike and to actively participate
in political life. Discrimination in the work place, sexual harassment, slavery, exploitation, and
child labor shall not be tolerated. Moreover, overseas workers have the right to enjoy the basic
rights accorded to workers in their respective host countries, consistent with international labor
laws or standards.

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27. Land, as a limited resource, bears a social function. The right to own land should be limited
to Filipinos and shall be guided by the principle of stewardship and subject to the demands of the
common good. Peasants shall have the right to own the land they till through a genuine agrarian
reform program including support services. Landowners shall also be protected from land
grabbers through effective legal and administrative measures.
28. Fisherfolk have the right of access to fishing grounds, to protection from foreign incursions
and local large-scale/commercial fishing business, to genuine aquatic reforms and to the
preservation and protection of communal fishing grounds.
29. We have the preferential right to the judicious cultivation, utilization, and preservation of our
natural resources which will ensure an ecological balance that can support and sustain the total
physical and economic well being of every person, family and community.
30. The marginalized and vulnerable sectors shall have preferential access/control to credit and
micro-finance, and the right to skills and livelihood training, which shall contribute to the
constant improvement of their lives.

COLLECTIVE RIGHTS
31. We have the right to self-determination. This right provides us with the freedom to develop
ourselves as peoples, preserve our culture and retain our national identity. Our peoples shall not
be coerced into assimilation, nor shall forced evacuation, dislocation and displacement resulting
from development aggression and other State policies should be allowed. We have the right to
resist any form of political, economic, social or cultural domination by resorting to any
legitimate means.
32. We have the right to a clean, safe and sustainable environment that supports an equitable
quality of life. Ecological balance must be preserved in the pursuit of national development
because the capacity of our resources to continue supporting our daily needs is limited.
Collectively, we have the intergenerational responsibility to protect, conserve and develop our
natural environment for the enjoyment of present and future generations of Filipinos.
33. We have the right to a social order, which is conducive to peace and development. It is the
duty of the State to undertake a comprehensive peace process that reflects the sentiments, values
and principles important to all peoples of the Philippines. Therefore, it shall not be defined by the
State alone, nor the different contending groups only, but by all peoples of the Philippines as one

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community. The promotion and protection of our rights must be geared towards international
understanding, solidarity among peoples and nations, and friendship among all racial, ethnic or
religious groups.

EPILOGUE
Human rights are universal, inalienable and indivisible. They are dynamic and continue to evolve
in response to the growing needs, concerns and aspirations of individuals and communities.
These rights are enriched in the course of the struggle for their full recognition. The human and
peoples’ rights affirmed in this declaration are wholly consistent with contemporary international
standards. Nothing in this declaration shall be used to negate or deny any other rights – whether
specified or inferred found in national or international human rights instruments.
The promotion of human and peoples’ rights is pursued through individual and collective action.
They are the product or purposive struggle and are linked to the real conditions and concerns of
the people. While much has been achieved, much remains to be done. In this new millennium,
there will remain the need for human rights defenders so long as repressive regimes, systems and
structures exist that threaten to thwart our gains.
In our world today, more and more people have become aware and thus aspire to live in an
environment that protects the universal standards of human rights. Human rights are a source of
strength and power for people – they enable us to continue to work for peace, prosperity,
progress and sustainable development. The cause of human rights enlivens our commitment to
the realizations of the fullness of life. This is our collective task as a people in solidarity with all
the people of the world.

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D. CONSUMER LAW

RA 7394

7394, otherwise known as "The Consumer Act of the Philippines" by amending specific sections
that fall under said provisions. Republic Act No. 7394 was enacted primarily to protect the
consumers against hazards to health and safety, and against deceptive, unfair and unconscionable
sales acts and practices.

What is the Consumer Protection Act of the Philippines?

The Consumer Act of the Philippines (Republic Act No. 7394) embodies the state policy on the
protection of the consumers and establishes standards of conduct for businesses and industries in
the country. The act aims to provide protection to consumers against hazards to health and safety,
deceptive, unfair, and unconscionable acts and practices in sales.

The law says:

It is the policy of the State to protect the interests of the consumers, promote general
welfare and to establish standards of conduct for business and industry. Towards this, the state
shall implement measures to achieve the following objectives:

a. Protection against hazards to health and safety;

b. Protection against deceptive, unfair, and unconscionable sales acts and practices;

c. Provision of information and education to facilitate sound choice and proper

exercise of rights by consumer;

d. Provision of adequate rights and means of redress; and

e. Involvement of consumer representatives in the formulation of social and economic

policies.

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Basic Consumer Rights

Under the DTI Policy Advisory No. 22-01, Series of 2022, the Department of Trade and
Industry (DTI) enumerated the eight basic rights of a consumer:

1. The right to basic needs;

2. The right to safety;

3. The right to information;

4. The right to choose;

5. The right to representation;

6. The right to redress;

7. The right to consumer education; and

8. The right to a healthy environment.

These rights may, as far as practicable, be referred to or invoked in all matters related to
consumer protection, including but not limited to settlements, decisions, resolutions in mediation
or adjudication of consumer complaints.

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E. HUMAN RELATIONS

REPUBLIC ACT NO. 386 CIVIL CODE OF THE PHILIPPINES

ARTICLE 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.
ARTICLE 20. Every person who, contrary to law, wilfully or negligently causes damage to
another, shall indemnify the latter for the same.
ARTICLE 21. Any person who wilfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the damage.
ARTICLE 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or legal
ground, shall return the same to him.
ARTICLE 23. Even when an act or event causing damage to another’s property was not due to
the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act
or event he was benefited.
ARTICLE 24. In all contractual, property or other relations, when one of the parties is at a
disadvantage on account of his moral dependence, ignorance, indigence, mental weakness,
tender age or other handicap, the courts must be vigilant for his protection.
ARTICLE 25. Thoughtless extravagance in expenses for pleasure or display during a period of
acute public want or emergency may be stopped by order of the courts at the instance of any
government or private charitable institution.
ARTICLE 26. Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, prevention and other relief:
1. Prying into the privacy of another’s residence;
2. Meddling with or disturbing the private life or family relations of another
3. Intriguing to cause another to be alienated from his friends;
4. Vexing or humiliating another on account of his religious beliefs, lowly station in life,
place of birth, physical defect, or other personal condition.

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ARTICLE 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an action
for damages and other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.
ARTICLE 28. Unfair competition in agricultural, commercial or industrial enterprises or in
labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive
or highhanded method shall give rise to a right of action by the person who thereby suffers
damage.
ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon motion
of the defendant, the court may require the plaintiff to file a bond to answer for damages in case
the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground.

ARTICLE 30. When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency of the civil case,
a preponderance of evidence shall likewise be sufficient to prove the act complained of.
ARTICLE 31. When the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.
ARTICLE 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following
rights and liberties of another person shall be liable to the latter for damages:
1. Freedom of religion;
2. Freedom of speech;
3. Freedom to write for the press or to maintain a periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;

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 6. The right against deprivation of property without due process of law;
7. The right to a just compensation when private property is taken for public use;
8. The right to the equal protection of the laws;
9. The right to be secure in one’s person, house, papers, and effects against unreasonable
searches and seizures;
10. The liberty of abode and of changing the same;
11. The privacy of communication and correspondence;
12. The right to become a member of associations or societies for purposes not contrary to
law;
13. The right to take part in a peaceable assembly to petition the Government for redress of
grievances;
14. The right to be free from involuntary servitude in any form;
15. The right of the accused against excessive bail;
16. The right of the accused to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of
witness in his behalf;
17. Freedom from being compelled to be a witness against one’s self, or from being forced to
confess guilt, or from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a State witness;
18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is
imposed or inflicted in accordance with a statute which has not been judicially declared
unconstitutional; and
19. Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant’s act or omission
constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate
and distinct civil action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted), and may be proved by a
preponderance of evidence.

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The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission
constitutes a violation of the Penal Code or other penal statute. Pnamei
ARTICLE 33. In cases of defamation, fraud, and physical injuries, a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the injured party. Such
civil action shall proceed independently of the criminal prosecution, and shall require only a
preponderance of evidence.
ARTICLE 34. When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall be subsidiarily responsible
therefor. The civil action herein recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such action.
ARTICLE 35. When a person, claiming to be injured by a criminal offense, charges another
with the same, for which no independent civil action is granted in this Code or any special law,
but the justice of the peace finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the
complainant may bring a civil action for damages against the alleged offender. Such civil action
may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may
require the plaintiff to file a bond to indemnify the defendant in case the complaint should be
found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting
attorney, the civil action shall be suspended until the termination of the criminal proceedings.
ARTICLE 36. Pre-judicial questions, which must be decided before any criminal prosecution
may be instituted or may proceed, shall be governed by rules of court which the Supreme Court
shall promulgate and which shall not be in conflict with the provisions of this Code.

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 References

Accountability of Public Officers - https://ncda.gov.ph/accountability-of-public-officers/

Environmental Law - https://ecac.emb.gov.ph/?page_id=43
Human Rights - https://www.ohchr.org/en/what-are-human-rights
Consumer Law - https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html
Human Relations - https://jur.ph/laws/summary/civil-code-of-the-philippines

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