Human Rights - Syllabus

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Manila Law College

(Escuela de Derecho de Manila)


Santa Cruz, Manila
HUMAN RIGHTS: Course Syllabus & Guidelines
Second Semester 2024

Topic Outline Hours


I. Introduction - Course Expectations; Guidelines, Rules 2
II. Nature and Definition of Human Rights 2
III. Sources and Development of Human Rights 4
IV. The International Bill of Rights 4
V. State Responsibility & the Roles of Non-Governmental 2
Organizations
MIDTERM EXAMS 2
VI. Development & Application of Socio-Economic, Cultural, 2
Civil & Political Rights in the Philippines
VII. Human Rights Law Enforcements and Monitoring 2
Reference: RA # 7659; 9346; 9745; 10368; 10389; 10353
In Re Writ of Amparo, Manglalan et al. v. Lt. Bacarro, G.R. No. 262026, 23 Aug 22
Rubrico et al. vs. Macapagal-Arroyo et al; GR 183871; 18 Feb 10
People vs. Abon; GR 169245; 15 Feb 08
People vs. Canuto; GR 166544; 27 Jul 07
People vs. Bon; GR 166401; 30 Oct 06
Rule on the Writ of Amparo, A.M. No. 07-9-12-SC
People vs. Lumaho; GR 208716; 24 Sep 14
Sec. of Nat’l Defense vs. Manalo; GR 180906; 7 Oct 08
Lagman vs. Midealdea; GR 231658, 2311771 & 231774; 5 Jul 17
VIII. Vulnerable Sectors: Children, Youth, Women 2
Reference: RA # 7610, 9208, 9262, 9710; 9344; 9775; 10627; 10630; 10354
Dorado vs. People; GR 216671, 3 Oct 16
People vs. Deliola; GR 200157; 31 Aug 16
Dimanling vs. People; GR 199522; 22 Jun 15
Del Socorro vs. Van Wilsem; GR 193707; 10 Dec 14
Hubilla vs. People; GR 176102; 26 Nov 14
People vs. Sanico; GR 208469; 13 Aug 14
Rosaldes vs. People; GR 173988; 8 Oct 14
People vs. Yahon; GR 201043; 16 Jun 14
People vs. Jumawa; GR 187495; 21 Apr 14
Imbong vs. Exec. Secretary et al.; GR 204819; 8 Apr 14
People vs. Rayon Sr; GR 194236; 30 Jan 13
People vs. Caballo; GR 198732; 10 Jun 13
Garcia vs. Drilon et al.; GR 179267; 25 Jun 13
Dabalos vs. Judge Quiambao et al; GR 193960; 7 Jan 13
Go-Tan vs. Tan GR 168852; 30 Sep 08
Human Rights-Course Overview & Outline
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IX. Vulnerable Sectors: Farmers & Indigenous Peoples 2
Reference: RA # 8371
Rules of Procedure for Environmental Cases, A.M. No. 09-6-8-SC
Unduran et al. vs. Ebarasturi et al.; GR 181284; 20 Oct 15
Agnes et al. vs. Republic of the Phils.; GR 156022; 6 Jul 15
Oposa v. Factoran GR 101083; 30 Jul 93
Cruz vs. Sec. of Env’mt & Nat’l Resources GR 135385; 6 Dec 00
X. Vulnerable Sectors: Migrant Workers, Refugees, 2
Stateless Persons
Reference: RA # 10364; 10361
People vs. Casio; GR 211465; 3 Dec 14
People vs. Lalli et al.; GR 195419; 12 Oct 11
XI. Vulnerable Sectors: Elderly & the Handicapped 2
Reference: RA # 7277; 7432; 9994; 10524; 10645
Manila Memorial et al. vs. Sec. of Soc. Welfare et al.; GR 175356; 3 Dec 13
Mercury Drug vs. Comm. of Internal Revenue; GR 164050; 20 Jul 11
Bernardo et al. vs. NLRC et al.; GR 122917; 12 Jul 99
XII. Current Issues and Challenges on Human Rights Observance 2
FINAL EXAMS 2
SUBMISSION OF GROUP PAPERS
DISTRIBUTIONS OF GRADES
*The allotted time is indicative, subject to adjustment as the need arise.

GUIDELINES
Respect for fellow students and the course instructor.
Attitudes and remarks should show respect and toleration for each individual’s religion, ethnic
background, gender, sexual orientation, academic achievement, economic status, physical
appearance & abilities, social status, and manner of dressing.

Preparedness in Class.
Pay attention to the course instructor or your fellow student that “has the floor.” Take notes;
participate in class and group activities and discussions.

Truthfulness and Academic Honesty


Cheating on assignments, tests, graded recitations or exams will result in zero (0) credit for that
activity. Copying of reports or term paper (plagiarism) from other authors will result in zero (0)
credit for that report or term paper.

Tardiness & Absences


Attendance will be checked thirty (30) minutes after class starts. Students coming in after that
period will be marked LATE. Three (3) tardiness will be equivalent to one (1) unexcused absence
and will merit a one point deduction in the final grade.

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Only the following are included as an excused absence: illness, medical and dental appointments,
religious holidays, funerals, family emergencies and school-related activities.
Any student with more than three (3) unexcused absences will be DROPPED from the course.

Make up Exams
Exams (mid-term & final) may be made-up only if the student has an excused absence. Make-up
tests will have to be arranged individually by the student and the lecturer. Unless otherwise
instructed, tests will be administered online.

Unexcused Absences
Missed assignments/reports may NOT be made-up for credit when a student has an unexcused
absence. The student is personally responsible for completing the missed assignments/reports and
for obtaining the missed class notes and handouts since she or he will be responsible for the missed
material when it appears on quizzes, graded recitation, and exams.

COURSE DESCRIPTION
Overview and Objectives
This is an introductory seminar course covering the norms and regimes established at the
international and national levels to protect and promote human rights. The evolution of the
concept of human rights from its beginnings through the proliferation of human rights instruments
and bodies internationally as a result of the experiences of WWII and locally especially following the
Marcos regime will be examined. Current issues on human rights protection will also be discussed.
The course will also include studies of the theories justifying the protection of human rights and the
institutions of supervisory mechanisms designed to protect those rights.
At the end of the course, the student is expected to:
a. Describe, located and evaluate international human rights law;
b. Describe and evaluate different theories on human rights;
c. Identify, analyze and describe the structure of the local and global human rights systems;
d. Explore the case law on human rights law;
e. Analyze and apply human rights law to contemporary Philippine issues.
Course Instructor
Professor : Atty. Cyril P. Lubaton E-mail : cyril.lubaton@gmail.com
Consultation Time : by appointment Viber/WhatsApp : 0925.801.4902/0917.110.9951
Entered the practice of law in 1999, obtained my bachelor’s degree in Psychology and Law from the
University of the Philippines and Masters in Policy Analysis from the National Graduate Institute
for Policy Studies in Tokyo, Japan. My professional experience includes my stint in Congress as
Legislative Staff Officer for the House Committee on Suffrage and Electoral Reforms from 1992
until 1997; from 2000 to 2004, as General Counsel and Assistant Corporate Secretary for World
Vision (Philippines) a child-focused, community-based Christian NGO engaged in advocacy,
emergency, relief and community development. I was also legal consultant for International Aid, a
US-based Christian NGO focused on providing health services to basic sectors and poor
communities in Mindanao. From 2019 to 2021 was the Country Head for Public Affairs for Sanofi
Philippines. Joined Grab Financial Group in December 2021 as Head of Government Affairs until
August 2022. Now an independent consultant for various public and private institutions.

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I am a member of the IBP-QC Chapter, the Philippine Bar Association, and Intellectual Property
Association of the Philippines. American Society of International Law, Philippine Association of
Japanese Government Scholars and Philajames Foundation for Education, Research &
Development, Child Rights Network and Toastmasters Club International, among others. My
advocacy focuses on children’s rights & social justice issues. I took special studies on these areas:
Critical Incident Stress Management, University of Maryland-Baltimore Campus (Baltimore,
Maryland, USA); Advanced Development Management, Sophia University (Tokyo, Japan); Helping
Children with Sexual Behavior Problems, Child Protection Unit Network (Manila, Phils); Project
Planning & Development, Asian Social Institute (Manila, Phils); Designing and Implementing Poverty
Alleviation Programs University of the Philippines (Diliman, Phils); Public Affairs in Asia (Hong Kong
University of Science & Technology). I am an active supporter of World Wildlife Fund, Comboni
Missionaries and the UN High Commission for Refugees.

Teaching Method
Open class discussion is the main method of teaching. I encourage interaction with my students.
This will be supplemented with intermittent lectures and other learning materials (i.e. film showing)
on the designated topic for each class session. I will provide the necessary elements for the subject
matter at hand but the active participation of the students is expected. There will be a number of
unannounced quizzes and graded recitations.

Supplemental Readings
a. An Introduction to Human Rights Law for Philippine Students; Pepita Petralba; Central
Bookstore; 2009 Edition
b. Human Rights-An Introductory Course; Jorge Coquia; Central Bookstore; 2000 Edition
The above references are recommendatory. I provide the necessary reading materials as the course
progress during the semester.

Electronic Resources
For further readings, students are encouraged to visit and print other documents relating to the
course subject matter in these websites that include the following:

American Society of International Law, Guide to Electronic Resources for Human Rights Law:
http://www.asil.org/resource/humrts1.htm
Amnesty International: http://www.amnesty.org/
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment:
http://www.cpt.coe.int/
Human Rights Watch: http://www.hrw.org/
Inter-American Commission on Human Rights: http://www.cidh.org/
Inter-American Court of Human Rights: http://www.corteidh.org/
International Court of Justice: http://www.icj-cij.org/
International Labor Organization: http://www.ilo.org/
International Network for Economic, Social and Cultural Rights: http://www.escr-net.org/
Rights International: http://www.rightsinternational.org/
United Nations Children’s Fund: http://www.unicef.org/

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United Nations Document Centre: http://www.un.org/documents/
United Nations Educational, Social and Cultural Organization: http://www.portal.unesco.org/
United Nations High Commissioner for Human Rights: http://www.unhchr.ch
United Nations High Commissioner for Refugees: http://www.unhcr.org/
United Nations Inter-Agency Network on Women and Gender Equality:
http://www.un.org/womenwatch/
United Nations Treaty Collection: http://www.untreaty.un.org/
US State Department Country Reports on Human Rights Practices:
http://www.state.gov/g/drl/hr/c1470.htm
Women’s Human Rights Resources: http://www.law-lib.utoronto.ca/diana
World Vision International: http://www.wvi.org/

Assessments and Grading System


The final course grade will be based on the following scale:
92-100% = 1.0 mastery of the relevant course standards.
above average proficiency of the relevant course
80-91% = 2.0
standards.
satisfactory proficiency of the relevant course
70-79% = 3.0
standards.
60-69% = INC partial proficiency of the relevant course standards.
Below
= 5.0 little or no proficiency of the relevant course standards.
60%
The final course grade will be based on the following demonstrations of competence and
compliance of course requirements:
Class Standing : 50% + Exam Results : 50% = 100%
05% class attendance 25% midterm exam
20% recitations, quizzes 25% final exam
25% group paper

Term Paper Requirement


Prior to the end of the semester, students are required to submit their group paper in A4 sized
paper, type-written using size-12 Arial font, right justified and double spaced. The final paper must
be submitted within the week after the final exams. Students send the paper electronically in the
Google classroom drive that was set up for this purpose.

Students with Special Needs


Students with disabilities who need reasonable modifications, special assistance, or
accommodations in this course should promptly direct their request to the course instructor. If a
student with a disability feels that modifications, special assistance, or accommodations offered are
inappropriate or insufficient, he/she should seek the assistance of the College Dean.

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