Human Rights Lecture 5

HUMAN RIGHTS
EDUCATION
ATTY. GLINDA B. TRINIDAD

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 1
WEEK 1 TOPIC OBJECTIVE
HUMA
N 1. Know and understand the
RIGHT
S 1.OLFU Mission, institutional mission, vision and core
EDUCA
TION Vision and Core values.
Values 2. Apprise of the college mission,
2.College Mission, vision and objective.
Vision and 3. Understand the course description
Objective and outcome.
3.Course Description 4. Memorized and recite the essence
and Outcome of institutional/college mission,
vision and objective.
05/31/2024 5. Discuss the essence of the course.
ATTY. GLINDA B. TRINIDAD (Instructress) 2
OLFU MISSION OLFU VISION
HUMA
N
RIGHT
S
EDUCA
The Our Lady of Fatima A premier inclusive university
TION
University, together with of choice aspiring to improve
Fatima Medical Science man as man by developing
Foundation, Inc., is individuals through a legacy
dedicated to the of excellent education and
improvement of man as compassionate value
man through the holistic formation.
formation of individuals
imbued with knowledge,
05/31/2024skills, and virtues.
OLFU CORE VALUES COLLEGE MISSION
HUMA
N
RIGHT A – Aspires To Do His Best
S
EDUCA C – Is Credible And To develop professionally
TION Compassionate competent, hardworking,
H – Is Hardworking And responsible, honorable,
Honorable
I – Is An Inspiration To Others
morally upright and globally
E – Is Efficiently Entrepreneurial
competitive graduates who
And Employable have passion for excellence in
V – Is A Visionary the field of criminal justice
E – Is Ethical And Has Excellent administration.
Work Habits
R – Is Responsible
COLLEGE VISION COLLEGE OBJECTIVE
HUMA
N
RIGHT
S
To be the premier A graduate of BS Criminology is
EDUCA
TION
provider of highly expected to:
qualified criminal
justice practitioners 1. Pass the licensure examination for
in the country. criminologists
2. Practice criminology as a
profession;
3. Pursue continuing education in
the field of criminal justice;
05/31/2024
4. Undertake criminological research
COURSE DESCRIPTION COURSE OUTCOME
HUMA
N This is a three (3) unit’s subject
RIGHT
under criminal law and
After successful completion of the course, the student
S
jurisprudence course which deals is expected to:
EDUCA
TION with to the body of laws, rules,
procedures, and institution 1. Identify and understand the different rights
designed to respect, promote and
protect the human rights at the afforded to individual scattered in many pieces of
regional, national and international legislation and the constitution.;
level. This also includes victim’s 2. Categorized human rights according to beneficiary
welfare and rights of the accused and know the obligations corresponding thereto.
and the standard and ethical
procedures employed by the law 3. Familiarized the process of taking redress for any
enforcement agencies as an violation of rights in the attainment of justice.
implementer of laws. It is also 4. Explain how government is taking its part in the
focused on the protection of human protection and promotion of human rights.
rights and dignity as declared under
Universal Human Rights, Human 5. Discuss the gist of national and international
Security Act and other related laws.
05/31/2024
convention and treaties concerning human rights.6
ATTY. GLINDA B. TRINIDAD (Instructress)
HUMA
N
RIGHT
S
EDUCA
TION
WEEK 2 TOPICS

Definition of Human Rights
HUMA
N
Human rights refers to norms that aim to protect people from political,
RIGHT legal, and social abuses.
S
EDUCA
TION
Human rights are commonly understood as inalienable fundamental
rights to which a person is inherently entitled simply because she or he
is a human being.
Human rights allow a person to live with dignity and in peace, away from
the abuses that can be inflicted by abusive institutions or individuals.
United Nations (UN) defines human rights as universal and inalienable,

interdependent and indivisible,
05/31/2024 ATTY. GLINDA B.and
TRINIDADequal
(Instructress) and non-discriminatory. 8
Characteristics of Human Rights
HUMA
N 1. Inherent
RIGHT
S
 Not granted by any person or authority
EDUCA
TION
2. Fundamental
 Without them, the life and dignity of man will be meaningless
3. Inalienable
 Cannot be rightfully taken away from a free individual unless
specific situations call for it. However, the deprivation of a
person's right is subject to due process.
05/31/2024
 Cannot be given away or be forfeited
HUMA
N
4. Universal
RIGHT  Applies irrespective of one’s origin, status, or condition or place
S
EDUCA where one lives
TION
 Rights can be enforced without national border
5. Imprescriptible
 Cannot be lost even if man fails to use or assert them, even by a long
passage of time
6. Indivisible
 Not capable of being divided
05/31/2024  Cannot be denied even when
ATTY. GLINDA other
B. TRINIDAD rights have already been enjoyed
(Instructress) 10
HUMA
N
RIGHT
S 7. Equal and non-discriminatory
EDUCA
TION  Human rights protect all people regardless of race, nationality,
gender, religion, and political leaning, among others. They
should be respected without prejudice.
8. Interdependent
 The fulfillment or exercise of one cannot be had without the
realization of the other

Classification of Rights According to Source
HUMA
N
1. Natural Rights
RIGHT  God-given rights, acknowledged by everybody to be morally good
S
EDUCA  Unwritten, but prevail as norms of the society
TION
2. Constitutional Rights
 Conferred and protected by the Constitution and which cannot be
modified or taken away by the law-making body
3. Statutory Rights
 Those rights which are provided by law promulgated by the law-
making body
 May be abolished by the body that created them
Classification of Rights According to Recipient
HUMA
N
RIGHT
S
EDUCA 1. Individual Rights
TION
 Accorded to individuals
2. Collective Rights
 Also called “people’s rights” or “solidarity rights”
 Rights of the society, those that can be enjoyed
only in company with others
Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S
1. Civil Rights
EDUCA  Rights which the law will enforce at the instance of private individuals
TION
for the purpose of securing to them the enjoyment of their means of
happiness
 Partake of the nature of political rights when they are utilized as a

means to participate in the government.
2. Political Rights
 Rights which enable us to participate in running the affairs of the
government either directly or indirectly
Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S 3. Economic and Social Rights
EDUCA
TION
 Those which the law confers upon the people to enable
them to achieve social and economic development
4. Cultural Rights
 Rights that ensure the well-being of the individual and
foster the preservation, enrichment, and dynamic evolution
of national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual
expression.
Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT 1. First Generation Rights
S
EDUCA
TION  Civil and political rights which derives primarily from the
17th and 18th centuries’ reformist theories.
 Conceives of human rights more in negative (“freedom

from”) than positive (“rights to”) terms.
 Favors the abstention rather the intervention of government

in the exercise of freedoms and in the quest for human
dignity
HUMA
N
RIGHT
S 2. Second Generation Rights
EDUCA
TION
 Covers economic, social, and cultural rights which find

their origin primarily in the socialist tradition.
 Conceives of human rights more in positive terms.
 Fundamental claims to social equality

HUMA
N 3. Third Generation Rights
RIGHT
S
EDUCA  Third generation or ‘solidarity rights’ cover group and collective rights,
TION
which include, inter alia, the right to development, the right to peace,
right to a clean environment and the right to self determination.
 Freedom of association and assembly, freedom of religion and, more

especially, the freedom to form or join a trade union, fall into this
category.
 The collective element is even more evident when human rights are
linked specifically to membership of a certain group, such as the right of
members of ethnic and cultural minorities to preserve their own
language and culture.
Classification of Rights According to Derogability
HUMA
N
1. Absolute or Non-Derogable Rights
RIGHT
S
EDUCA  Those that cannot be suspended nor taken away nor
TION
restricted/limited even in extreme emergency and even if the
government invokes national security
2. Derogable or Can-Be-Limited Rights
 May be suspended or restricted or limited depending on the

circumstances which call for the preservation of social life
 Must satisfy three requirements for it to be valid

Classification of Rights According to Derogability
HUMA
N
RIGHT
S a. It is provided for by law which is made known to every
EDUCA
TION
citizen;
b. There is a state of emergency which necessitates the

urgent preservation of the public good, public safety, and
public moral;
c. It does not exceed what is strictly necessary to achieve

the purpose.
Categories of Human Rights
HUMA
N
1. Fundamental Freedom in Political Rights
RIGHT
S
 Freedom of conscience and religion
EDUCA  Freedom of thought, belief, opinion and expression
TION
 Freedom of the press and communication
 Freedom of association, freedom of peaceful assembly
 Rights to privacy, reputation, and human dignity
2. Democratic Rights
 Commonly exercised in a democratic state
a. Right to vote and to participate in the electoral process
b. Right to participate in public or governmental affairs
HUMA
N
3. Mobility Rights
RIGHT  National and international in character
S
EDUCA
a. Right to travel
TION b. Right to return to one’s country
c. Freedom of movement within the country
4. Right to Life, Liberty, and Security of the Person

 Represent the core of fundamental rights which relate to the right to
physical and personal integrity, consistent with human dignity
Ex: Right to protection against political and other extrajudicial killings, the
disappearances of persons, and torture and other cruel inhuman or
degrading treatment or punishment

HUMA
N
5. Legal Rights
RIGHT
S
 Constitute due process that can be invoked by persons
EDUCA accused.
TION
a. Freedom from arbitrary arrest and detention

b. Protection against unreasonable search and seizure
c. Right to counsel
d. Right to fair and public trial
e. Presumption of innocence
f. Right against self-incrimination

HUMA
N
6. Rights of Equality
RIGHT
S
EDUCA  Also known as the right against discrimination
TION
 Everyone is equal before the law and is entitled to equal

protection or the equal benefit of the law
 Protection against discrimination on the grounds of sex,

race, religion, ethnic origin, age, marital status, and
political and social condition

HUMA
N
7. Economic, Social and Cultural Rights
RIGHT
S
EDUCA  Considered more of standards to be observed by the state
TION
a. Right to social security, social insurance, protection and
assistance to the family
b. Right to an adequate standard of living, adequate food, clothing
and housing
c. Right to physical and mental health
d. Right to education
e. Right to be part of the artistic and scientific life of the country

HUMA
N
8. Workers’ Rights
RIGHT a. Right to association
S
EDUCA
b. Right to organize unions
TION c. Right to bargain collectively
d. Prohibition of forced labor
e. Prohibition of employment of children
f. Guarantee of minimum wages and other support
9. Aboriginal Rights
 Associated with the rights of indigenous cultural tribes or communities

HUMA
N
10. Reproductive Rights
RIGHT
S
EDUCA
 Right to found a family and bear children
TION a. Right to gender sensitivity and the biomedical technology
b. Right to family planning
11. Protective Rights of Persons in Armed Conflicts
 Provided in the international humanitarian law for the protection of

children, women and non-combatants during internal armed
conflicts

HUMA
N
RIGHT
S 12. Right of Self-determination
EDUCA
TION  Right of people to be free from colonial rule
a. Right of people to decide their own destiny
13. Minority Group Rights

 Protection of ethnic, linguistic and religious minorities

HUMA
N
RIGHT
S
EDUCA
TION
WEEK 3 TOPICS

HISTORICAL DEVELOPMENT OF HUMAN RIGHTS
HUMA
N The origins of human rights may be found both in
RIGHT
S Greek philosophy and the various world religions. In the
EDUCA
TION Age of Enlightenment (18th century) the concept of
human rights emerged as an explicit category.
Man/woman came to be seen as an autonomous
individual, endowed by nature with certain inalienable
fundamental rights that could be invoked against a
government and should be safeguarded by it.
Human rights were henceforth seen as elementary
preconditions for an existence worthy of human dignity.
HUMA
N
Before this period, several charters codifying rights and
RIGHT
S
freedoms had been drawn up constituting important steps
EDUCA towards the idea of human rights.
TION
During the 6th Century, the Achaemenid Persian Empire of

ancient Iran established unprecedented principles of human rights.
Cyrus the Great (576 or 590 BC - 530 BC) issued the Cyrus
cylinder which declared that citizens of the empire would be
allowed to practice their religious beliefs freely and also abolished
slavery.
HUMA
N The next generation of human rights documents were the
RIGHT
S
Magna Charta Libertatum of 1215, the Golden Bull of Hungary
EDUCA
TION
(1222), the Danish Erik Klipping’s Håndfaestning of 1282, the
Joyeuse Entrée of 1356 in Brabant (Brussels), the Union of
Utrecht of 1579 (The Netherlands) and the English Bill of Rights
of 1689.
These documents specified rights which could be claimed
in the light of particular circumstances (e.g., threats to the
freedom of religion), but they did not yet contain an all-
embracing philosophical concept of individual liberty.
Freedoms were often seen as rights conferred upon individuals
or groups by virtue of their rank or status.
HUMA
N In the centuries after the Middle Ages, the concept of
RIGHT
S liberty became gradually separated from status and came to
EDUCA
TION
be seen not as a privilege but as a right of all human beings.
Spanish theologists and jurists played a prominent role
in this context. Among the former, the work of Francisco de
Vitoria (1486-1546) and Bartolomé de las Casas (1474-1566)
should be highlighted. These two men laid the (doctrinal)
foundation for the recognition of freedom and dignity of all
humans by defending the personal rights of the indigenous
peoples inhabiting the territories colonised by the Spanish
Crown.
HUMA
N The Enlightenment was decisive in the development of human
RIGHT
S
rights concepts. The ideas of Hugo Grotius (1583-1645), one of
EDUCA
TION
the fathers of modern international law, of Samuel von
Pufendorf (1632-1694), and of John Locke (1632-1704) attracted
much interest in Europe in the 18th century.
Locke, for instance, developed a comprehensive concept of
natural rights; his list of rights consisting of life, liberty and
property. Jean-Jacques Rousseau (1712-1778) elaborated the
concept under which the sovereign derived his powers and the
citizens their rights from a social contract. The term human
rights appeared for the first time in the French Déclaration des
Droits de l’Homme et du Citoyen(1789).
HUMA
N
The people of the British colonies in North America took the
RIGHT human rights theories to heart. The American Declaration of
S
EDUCA Independence of 4 July 1776 was based on the assumption that all
TION human beings are equal. It also referred to certain inalienable rights,
such as the right to life, liberty and the pursuit of happiness.
These ideas were also reflected in the Bill of Rights which was
promulgated by the state of Virginia in the same year. The provisions of
the Declaration of Independence were adopted by other American
states, but they also found their way into the Bill of Rights of the
American Constitution. The French Déclaration des Droits de l’Homme
et du Citoyen of 1789, as well as the French Constitution of 1793,
reflected the emerging international theory of universal rights. Both the
American and French Declarations were intended as systematic
enumerations of these rights.
HUMA
N
The classic rights of the 18th and 19th centuries related to the
RIGHT freedom of the individual. Even at that time, however, some people
S
EDUCA believed that citizens had a right to demand that the government
TION
endeavour to improve their living conditions.
Taking into account the principle of equality as contained in the

French Declaration of 1789, several constitutions drafted in Europe
around 1800 contained classic rights, but also included articles which
assigned responsibilities to the government in the fields of
employment, welfare, public health, and education. Social rights of
this kind were also expressly included in the Mexican Constitution of
1917, the Constitution of the Soviet Union of 1918 and the German
Constitution of 1919. ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 36
HUMA
N
In the 19th century, there were frequent inter-state disputes
RIGHT relating to the protection of the rights of minorities in Europe. These
S
EDUCA conflicts led to several humanitarian interventions and calls for
TION
international protection arrangements. One of the first such
arrangements was the Treaty of Berlin of 1878, which accorded
special legal status to some religious groups. It also served as a model
for the Minorities System that was subsequently established within
the League of Nations.
The need for international standards on human rights was first
felt at the end of the 19th century, when the industrial countries
began to introduce labour legislation. This legislation - which raised
the cost of labour - had the effect of worsening their competitive
position in relation to countries
05/31/2024 that(Instructress)
ATTY. GLINDA B. TRINIDAD had no labour laws. 37
HUMA
N Economic necessity forced the states to consult each
RIGHT
S
other. It was as a result of this that the first conventions were
EDUCA
TION
formulated in which states committed themselves vis-à-vis
other states in regard to their own citizens. The Bern
Convention of 1906 prohibiting night-shift work by women can
be seen as the first multilateral convention meant to safeguard
social rights.
Many more labour conventions were later to be drawn up
by the International Labour Organisation (ILO), founded in 1919.
Remarkable as it may seem, therefore, while the classic human
rights had been acknowledged long before social rights, the
latter were first embodied in international regulations.
HUMA
N
The atrocities of World War II put an end to the traditional
RIGHT view that states have full liberty to decide the treatment of their
S
EDUCA own citizens. The signing of the Charter of the United Nations (UN)
TION
on 26 June 1945 brought human rights within the sphere of
international law. In particular, all UN members agreed to take
measures to protect human rights.
The Charter contains a number of articles specifically referring
to human rights. Less than two years later, the UN Commission on
Human Rights (UNCHR), established early in 1946, submitted a draft
Universal Declaration of Human Rights (UDHR) to the UN General
Assembly (UNGA). The Assembly adopted the Declaration in Paris
on 10 December 1948. This day was later designated Human Rights
Day.
HUMA
N
During the 1950s and 1960s, more and more countries joined
RIGHT the UN. Upon joining they formally accepted the obligations contained
S
EDUCA in the UN Charter, and in doing so subscribed to the principles and
TION ideals laid down in the UDHR. This commitment was made explicit in
the Proclamation of Teheran (1968), which was adopted during the
first World Conference on Human Rights, and repeated in the Vienna
Declaration and Programme of Action, which was adopted during the
second World Conference on Human Rights (1993).
Since the 1950s, the UDHR has been backed up by a large
number of international conventions. The most significant of these
conventions are the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR).ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 40
HUMA
N These two Covenants together with the UDHR form the
RIGHT
S
International Bill of Human Rights. At the same time, many
EDUCA
TION
supervisory mechanisms have been created, including those
responsible for monitoring compliance with the two Covenants.
Human rights have also been receiving more and more

attention at the regional level. In the European, the Inter-
American and the African context, standards and supervisory
mechanisms have been developed that have already had a
significant impact on human rights compliance in the respective
continents, and promise to contribute to compliance in the
future.
THEORIES AND SOURCES OF RIGHTS
HUMA
N 1. Religious/Theological Approach
RIGHT
S  A basis of human rights theory stemming from a law
higher than the state and whose source is the
EDUCA
TION
Supreme Being.
* Human rights are not concessions granted by
human institutions or states, or any international
organization as they are God-given rights. o Central to the
doctrines of all religions is the concept of dignity of man as
a consequence of human rights.
 The divine source gives human beings a high value of
worth.
HUMA
N
2. Natural Law Theory
RIGHT
S
 Originated from the Stoics and elaborated by Greek
EDUCA philosophers and later by ancient Roman law jurists.
TION
 Perceives that the conduct of men must always conform to the
law of nature.
 Natural law embodies those elementary principles of justice
which were right reason, i.e., in accordance with nature,
unalterable, eternal.
 Became the basis of the natural rights of man against oppressive
rulers.
 Nuremberg Trials – rationale for finding the Nazis guilty: the
crimes committed were offenses against humanity and there is
05/31/2024 no need of a law penalizing the
ATTY. GLINDA B. TRINIDAD acts
(Instructress) 43
HUMA
N
Philosophers:
RIGHT
S  Thomas Aquinas – considered natural law as the law of right
EDUCA
TION
reason in accordance with the law of God, commonly known
as the scholastic natural law
 Hugo Grotius – the natural characteristics of human beings
are the social impulse to live peacefully and in harmony with
others whatever conformed to the nature of men as natural
human beings was right and just; whatever is disturbing to
social harmony is wrong and unjust
 John Locke – envisioned human beings in a state of nature,
where they enjoyed life, liberty and property which are
deemed natural rights
HUMA
N
3. Positivist Theory/Legal Positivism
RIGHT  All rights and authority come from the state and what officials have
S
EDUCA
promulgated.
TION  The only law is what is commanded by the sovereign. o The source of
human rights is to be found only in the enactment of a law with
sanctions attached.
 A right is enjoyed only if it is recognized and protected by legislation
promulgated by the state.
4. Historical Theory
 Advocates that human rights are not deliberate creation or the effort
of man but they have already existed through the common
consciousness of the people of what is right and just.
 Human rights exist through gradual, spontaneous and evolutionary
05/31/2024 process without anyATTY.arbitrary will
GLINDA B. TRINIDAD of any authority.
(Instructress) 45
HUMA
N
5. Theory of Marxism
RIGHT  Emphasizes the interest of society over an individual man’s interest.
S
EDUCA Individual freedom is recognized only after the interest of society is
TION served.
 Concerned with economic and social rights over civil or political
rights of community. o Referred to as “parental” with the political
body providing the guidance in value choice. But the true choice is
the government set by the state
6. Functional/Sociological Approach
 Human rights exist as a means of social control, to serve the social
interests of society.
 Lays emphasis of obtaining a just equilibrium of multifarious interests
among prevailing moral sentiments and the social and economic
05/31/2024 conditions of the timeATTY.and
GLINDA place.
B. TRINIDAD (Instructress) 46
HUMA
N
7. Utilitarian Theory
RIGHT  Seeks to define the notion of rights in terms of tendencies to
S
EDUCA promote specified ends such as common good.
TION
 Every human decision was motivated by some calculation of pleasure
and pain. The goal is to promote the greatest happiness of the
greatest number.
 Everyone is counted equally, but not treated equally. Requires the
government to maximize the total net sum of citizens.
 An individual cannot be more important than the entire group. A
man cannot simply live alone in disregard of his impulse to society.
 The composite society of which the individual is a unit has on its own
wants, claims and demands. An act is good only when it takes into
consideration the interests of the society and tends to augment the
05/31/2024
happiness of the entire community.
HUMA
N
RIGHT
S 8. Theory Based on Dignity of Man/Policy Science Approach
EDUCA
TION  Human rights means sharing values of all identified policies
upon which human rights depend on.
 The most important values are respect, power, knowledge,
health, and security.
 The ultimate goal of this theory is a world community where
there is democratic sharing and distribution of values.
 All available resources are utilized to the maximum and the
protection of human dignity is recognized.

HUMA
N 9. Theories of Justice
RIGHT
S
 Each person possesses inviolability founded on justice.
EDUCA
TION
 The rights secured for justice are not subject to political
bargaining or to social interests.
 Each person has equal rights to the whole system of liberties.
There is no justice in a community where there are social and
economic inequalities.
 The general conception of justice is one of fairness and those
social primary goods such as opportunity, income and wealth
and self-respect are to be distributed equally.

HUMA
N 10. Theory Based on Equality and Respect of Human
RIGHT
S Dignity
EDUCA
TION  The recognition of individual rights in the
enjoyment of the basic freedoms such as freedom
of speech, religion, assembly, fair trial and access to
courts.
 Governments must treat all their citizens equally.
For this purpose, the government must intervene in
order to advance general welfare.
HUMA
N
Origin of Human Rights in the Philippines
RIGHT
S
EDUCA
TION 20 June 1899 – Malolos Constitution: contained several provisions
on civil and political rights
1902 – Philippine Bill of 1902
1916 – Philippine Autonomy Act of 1916/Jones Law
1934 – Philippine Independence Act of 1934/Tydings-McDuffee Law
1935 – First Philippine Constitution: contained Bill of Rights
1973 – Second Philippine Constitution
1983 – Third Philippine Constitution
1987- Present Constitution
HUMA
N
RIGHT
S
EDUCA
TION
WEEK 4 TOPICS

BASIC PRINCIPLES OF HUMAN RIGHTS
HUMA
N 1. Universality: Human rights must be afforded to everyone,
RIGHT
S without exception. The entire premise of the framework is that
EDUCA
TION
people are entitled to these rights simply by virtue of being
human.
2. Indivisibility: Human rights are indivisible and interdependent,

which means that in order to guarantee civil and political rights,
a government must also ensure economic, social and cultural
rights (and visa versa). The indivisibility principle recognizes that
if a government violates rights such as health, it necessarily
affects people’s ability to exercise other rights such as the right
to life.
HUMA
N 3. Participation: People have a right to participate in how decisions
RIGHT
S
are made regarding protection of their rights. This includes but is
EDUCA
TION
not limited to having input on government decisions about rights.
To ensure human rights, governments must engage and support
the participation of civil society on these issues.
4. Accountability: Governments must create mechanisms of

accountability for the enforcement of rights. It is not enough that
rights are recognized in domestic law or in policy rhetoric, there
must actually be effective measures put in place so that the
government can be held accountable if those rights standards are
not met.
HUMA
N 5. Transparency: Transparency means that governments must
RIGHT
S be open about all information and decision-making processes
EDUCA
TION related to rights. People must be able to know and
understand how major decisions affecting rights are made
and how public institutions, such as hospitals and schools,
which are needed to protect rights, are managed and run.
6. Non-Discrimination: Human rights must be guaranteed

without discrimination of any kind. This includes not only
purposeful discrimination, but also protection from policies
and practices which may have a discriminatory effect.
DOMESTIC APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW
HUMA
N a. Monist Theory – International law and domestic law
RIGHT
S comprise one legal system. International law
EDUCA
TION automatically becomes domestic law without the need to
enact separate national law.
Domestic law including constitution that contravene

international law may be declared invalid. Netherlands is
considered a monist state.

HUMA
N b. Dualist Theory – International law and domestic law
RIGHT
S are different legal system. International law does not
EDUCA
TION become obligatory to its citizen until a states passes a
corresponding domestic law containing its provision.
Domestic law are considered more binding and

superior by judges and legal practitioners although this
could mean possible violation by the state of its treaty
obligation. The lex posterior principle is resorted to in
dualist system, whichever is the latter law prevail.
HUMA
N The consent of the state to be bound by a treaty is
RIGHT
S expressed by signature, exchange of instruments
EDUCA
TION constituting a treaty, ratification or by any other means as
agreed upon.
Signature ad referendum means that the signature

becomes definitive only once confirmed by the state.
Definitive signature operates as the consent of a state to
be bound by treaty without ratification, acceptance or
approval.
ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS LAW
HUMA
N 1. Enforcement against individuals – In order to
RIGHT
S effectively protect individuals from infringements of
EDUCA
TION their human rights, enforcement at the national level
is necessary and desirable.
2. Enforcement against states – redress may be sought

at the national, regional or international courts.

SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW
HUMA
N 1. International conventions refers to international
RIGHT
S agreement or treaties.
EDUCA
TION
2. International custom are general practices accepted
as law
3. General principles of law are unwritten and
uncodified concepts from which laws are based.
4. Judicial decisions may consist of judgments of
international tribunal, the regional courts and even
domestic courts.
TYPES OF STATE DUTIES IMPOSED BY ALL HUMAN RIGHTS TREATIES
HUMA
1. Obligations to respect: In general, this level of obligation requires the
N state to refrain from any measure that may deprive individuals of the
RIGHT
S enjoyment of their rights or of the ability to satisfy those rights by their
EDUCA
TION
own efforts.
2. Obligations to protect: This level of obligation requires the state to

prevent violations of human rights by third parties. The obligation to
protect is normally taken to be a central function of states, which have
to prevent irreparable harm from being inflicted upon members of
society. This requires states: a) to prevent violations of rights by any
individual or non-state actor; b) to avoid and eliminate incentives to
violate rights by third parties; and c) to provide access to legal remedies
when violations have occurred in order to prevent further deprivations.
TYPES OF STATE DUTIES IMPOSED BY ALL HUMAN RIGHTS TREATIES
HUMA
N
3. Obligations to fulfil: This level of obligation requires the state to
RIGHT
S
take measures to ensure, for persons within its jurisdiction,
EDUCA opportunities to obtain satisfaction of the basic needs as
TION
recognised in human rights instruments, which cannot be secured
by personal efforts.
Although this is the key state obligation in relation to
economic, social and cultural rights, the duty to fulfil also arises in
respect to civil and political rights. It is clear that enforcing, for
instance, the prohibition of torture (which requires, for example,
police training and preventive measures), the right to a fair trial
(which requires investments in courts and judges), the right of free
and fair elections or the right to legal assistance, entails
considerable cost.
HUMA
N
RIGHT
S
EDUCA
TION
WEEK 5 TOPICS

THE PHILIPPINE COMMISSION ON HUMAN RIGHTS
HUMA
N
 Creation: Mandated by the 1987 Constitution; formally
RIGHT
S
constituted by President Aquino’s Executive Order No. 163
EDUCA
TION
 Composition and Qualifications: One Chairman and four
Members, who must be natural-born citizens of the
Philippines and a majority of whom shall be members of
the Bar (Section 17, Art. XIII, 1987 Constitution)
 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.
MANDATES OF THE COMMISSION ON HUMAN RIGHTS
HUMA
N
1. Human Rights Protection - Investigation and case management of
RIGHT complaints of violations, including all the powers and services in aid of
S
EDUCA investigation, of civil and political rights as well as economic, social, and
TION cultural rights.
Such powers and services include: citing for contempt for
violations of its rules of procedure; legal aid and counseling; visitorial
powers over jails and detention facilities; application of forensic
techniques in aid of investigation; witness protection; and, financial
assistance to victim
2. Human Rights Promotion which includes the wide range of strategies

for policy, advocacy, promotion, social mobilization, education, training,
public information, communication,
05/31/2024
research, networking and linkages
MANDATES OF THE COMMISSION ON HUMAN RIGHTS
HUMA
N
3. Human Rights Policy Advisory derived from monitoring government’s
RIGHT compliance with the treaty obligations that the Philippines has acceded
S
EDUCA to: International Covenant on Civil and Political Rights (ICCPR),
TION International Covenant on Economic, Social and Cultural Rights (ICESCR),
Convention Against Torture and Other Degrading Treatment or
Punishment (CAT), Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), Convention Against Racial
Discrimination (CERD), Convention on the Rights of the Child (CRC),
Convention on the Protection of Migrant Workers and their Families
(CMW); Convention on the Rights of Persons with Disabilities (CRPD).
This also includes the entire aspect of monitoring and evaluating
the performance of the Executive, Legislative, and Judiciary to translate
international human rights standards into national policies, laws, and
practice.[
POWER AND FUNCTION OF THE COMMISSION ON HUMAN RIGHTS
HUMA
N
(1) Investigate, on its own or on complaint by any party, all forms of
RIGHT
S
human rights violations involving civil and political rights;
EDUCA
TION
(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;
HUMA
N
(4) Exercise visitorial powers over jails, prisons, or detention
RIGHT
S
facilities;
EDUCA
TION
(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;
HUMA
N
(8) Grant immunity from prosecution to any person whose testimony
RIGHT
S
or whose possession of documents or other evidence is necessary or
EDUCA convenient to determine the truth in any investigation conducted by
TION
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.
HUMA
N
RIGHT
S
EDUCA
WEEK 6
TION
MIDTERM EXAMINATION

HUMA
N
RIGHT
S
EDUCA
WEEK 7 TOPICS
TION

THE PHILIPPINE BILL OF RIGHTS
HUMA
N
Section 1. No person shall be deprived of life, liberty, or property
RIGHT without due process of law, nor shall any person be denied the equal
S
EDUCA protection of the laws.
TION
Three rights under these section includes:

a. right to life
b. liberty rights
c. property rights
Right to life is the right to be born well, and security from pain
endangering human existence. It starts from conception and ends after
death.
HUMA
N Liberty right freedom to act within the bounds of law.
RIGHT
S
EDUCA
TION
Property rights involves ownership, management and
disposition of property allowed by law to be appropriated.
Due process means an opportunity given for one to be

notified and heard before condemnation involving rights.
Equal protection of law signifies treatment of fairness among

individuals similarly situated. It allows valid classification.
HUMA
N Section 2. The right of the people to be secure in their
RIGHT
S persons, houses, papers, and effects against unreasonable
EDUCA
TION searches and seizures of whatever nature and for any
purpose shall be inviolable.
 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.
05/31/2024
(rights against unreasonable search and seizure)
HUMA
N Search warrant is an order in writing issued in the name
RIGHT
S of the People of the Philippines, signed by a judge and
EDUCA
TION directed to a peace officer, commanding him to search for
personal property described therein and bring it before
the court.
Warrant of arrest is an order issued by the court

commanding any peace officer to take a person into custody
in order that he may be bound to answer for the commission
of an offense.
SEARCH WARRANT VS. WARRANT OF ARREST
HUMA SEARCH WARRANT WARRANT OF ARREST
N
RIGHT The applicant must show: The applicant must show:
S
EDUCA 1. that the items sought are in fact 1. probable cause that an offense has
TION
seizable by virtue of being connected been committed; and
with criminal activity; and
2. that the person to be arrested
2. that the items will be found in the committed it
place to be searched.
The judge must conduct a personal, The judge need not conduct a personal
searching examination of the applicant examination of the applicant and his
and his witnesses witnesses. He may rely on the affidavits
of the witnesses and the
recommendation of the prosecutor.
GROUND FOR WARRANTLESS SEARCH
HUMA  A search and seizure without a warrant is still reasonable if conducted under
N
RIGHT the following circumstances:
S
EDUCA a. Incident to a lawful arrest
TION
 It must be made AFTER the arrest. The objective is to make sure that the life
of the peace officer will not be endangered.
 It must be contemporaneous with the arrest in both time and place.
b. Search of moving vehicles

c. Consent searches
 Only the person whose right may be violated can give the consent; it is a
personal right. The requisites are:
(1) The person has knowledge of his right against the search;
(2) He freely gives his consent in spite of such knowledge.
GROUND FOR WARRANTLESS SEARCH
HUMA
N
d. Objects in plain view
RIGHT
S
The following are the requisites:
EDUCA
TION
(1) There must have been a prior valid intrusion, and the officer
must have had a right to be at the place searched at the time of the search;
(2) The evidence was inadvertently discovered;
(3) The evidence must be immediately apparent;
(4) There was no need for further search.
e. Customs searches
f. Stop and Frisk/ Exigent circumstances
g.
05/31/2024
Emergency ATTY. GLINDA B. TRINIDAD (Instructress) 78
GROUND FOR WARRANTLESS ARREST
HUMA
N
A peace officer or private person may arrest without warrant:
RIGHT
S
EDUCA
TION 1. When in his presence, the person to be arrested has
committed, is actually committing, or is about to commit an offense;
2. When an offense has just been committed, and he has
probable cause based on personal knowledge of facts and
circumstances that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending or has
escaped while being transferred from one confinement to another.
HUMA
N Section 3. (1) The privacy of communication and correspondence
RIGHT
S
shall be inviolable except upon lawful order of the court, or when
EDUCA
TION
public safety or order requires otherwise, as prescribed by law.
( Right to privacy of communication and correspondence)
(2) Any evidence obtained in violation of this or the preceding

section shall be inadmissible for any purpose in any proceeding.
 Every person is entitled to privacy as to letters or any

messages in written or electronic forms.
HUMA
N
 Marriage is not a valid defense to disrespect privacy of
RIGHT
S
communication and correspondence.
EDUCA
TION
 Under anti wiretapping law (RA 4200), intercepting telephone
conversation without any authority and or court order is invalid
and therefore against the law.
 Overhearing conversation using telephone extension is not
covered by communication privacy rights.
 Upon written application for crimes against national interest, any
peace officer is allowed to procure written order from the court
to record, intercept or overhear private conversation.
 Those in possession of recorded conversation may also be held
liable in case of disclosure.
HUMA
N Section 4. No law shall be passed abridging the freedom of
RIGHT
S
speech, of expression, or of the press, or the right of the people
EDUCA
TION
peaceably to assemble and petition the government for redress
of grievances.
 This rights is expressed only as against the government.
 Content neutral regulation is imposed as a limitation of this
right. Content neutral covers the following:
a. time
b. Place
c. Manner in exercising the freedom
HUMA
N
 It is also subject to tests that may result to curtailment of right and
RIGHT liability. These test includes the following:
S
EDUCA
TION
a. Clear and present danger rule
b. Dangerous tendency test
c. Balancing of interest test
CLEAR AND PRESENT DANGER RULE – that words are used in such a
circumstance and are of such a nature as to create a clear and present
danger that they will bring about the substantial evils that a lawmaker
has a right to prevent. Government has a right to be protected against
broadcasts which incite listeners
05/31/2024
to overthrow it.
HUMA
N DANGEROUS TENDENCY TEST requires that “if the words uttered
RIGHT
S
create a dangerous tendency which the State has a right to
EDUCA
TION
prevent, then such words are punishable. Is applied to detect
whether an act caused evil for a society. When a substantive evil
is identified, it is not unconstitutional for a government to
interfere.
BALANCING OF INTEREST TEST is any judicial test in which the

jurists weigh the importance of multiple factors. It requires that a
determination must first be made whether the necessary
safeguarding of the public interest involved may be achieved by
some other measure less restrictive of the protected freedom.
LIMITATION ON THE FREEDOM OF EXPRESSION
HUMA
N
1. Overbroad Regulation: A regulation of speech is unconstitutionally
RIGHT overbroad if it regulates a substantial amount of constitutionally protected
S
EDUCA
expression which provides that a regulation of speech can sweep too broadly
TION and prohibit protected as well as non-protected speech.
2. Content-Based Regulation: A regulation of speech or expression that is

based on the substance of the message being communicated, rather than just
the manner or method in which the message being expressed.
3. Content-Neutral Restriction: A restriction on the manner in which an

expression can be communicated or conveyed. These restrictions apply
equally to all communications, regardless of the message or view being
espoused. (Content-neutral restrictions are also sometimes known as "time,
place and manner" restrictions.)
DIFFINITION OF TERMS
HUMA
N
 Freedom of peaceful assembly, sometimes used interchangeably
RIGHT with the freedom of association, is the individual right or ability of
S
EDUCA people to come together and collectively express, promote,
TION
pursue, and defend their collective or shared ideas. The right to
freedom of association is recognized as a human right, a political
right and a civil liberty.
 The terms freedom of assembly and freedom of association may

be used to distinguish between the freedom to assemble in public
places and the freedom to join an association. Freedom of
assembly is often used in the context of the right to protest, while
freedom of association is used in the context of labor rights.
DIFFINITION OF TERMS
HUMA
N
Freedom of speech is the liberty to speak openly without fear of
RIGHT government restraint. It is closely linked to freedom of the press
S
EDUCA because this freedom includes both the right to speak and the right to
TION
be heard.
Freedom of the press protects the right to obtain and publish

information or opinions without government censorship or fear of
punishment. Censorship occurs when the government examines
publications and productions and prohibits the use of material it finds
offensive.
 both the freedom of speech and freedom of press are commonly

called freedom of expression.
HUMA
N Section 5. No law shall be made respecting an establishment of
RIGHT
S
religion, or prohibiting the free exercise thereof. The free
EDUCA
TION
exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or
political rights.
Freedom of religion is a principle that supports the freedom of an

individual or community, in public or private, to manifest religion
or belief in teaching, practice, worship, and observance. It also
includes the freedom to change one's religion or beliefs.
DUAL ASPECT OF FREEDOMOF RELIGION
HUMA
N
1. Right to believe
RIGHT
S
2. Right to act on ones belief
EDUCA
TION
 The right to hold a belief is absolute - the State is not

permitted to interfere with a person’s right to autonomously
develop thoughts and a conscience.
 Once a belief is manifested (that is, implemented) in action, it

leaves the sphere of absolute protection, because the
manifestation of a religious belief may have an impact on
others.
HUMA
N
RIGHT
S
EDUCA
WEEK 8 TOPICS
TION

HUMA
N Section 6. The liberty of abode and of changing the same
RIGHT
S within the limits prescribed by law shall not be impaired
EDUCA
TION
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.
Liberty of abode and travel includes the right to choose one’s

residence to leave it whenever one pleases, within the limits
prescribed by law, to travel where one wills, and to return to
his place of residence.
HUMA
N
However, this right is not absolute since the constitutional constraint is
RIGHT subject to the following exceptions:
S
EDUCA
TION
1. When there is lawful order of the court; and
2. In the interest of national security, public safety, or public
health as may be provided by law, both of which are permitted in the
exercise of the police power of the State.
 Within the purview of the exercise of the police power, the state,
through the lawmaking body, may enact legislative acts necessary
for the promotion of peace and order, safety, health, morals, life and
property; in other words,
05/31/2024 the
ATTY. GLINDA general
B. TRINIDAD (Instructress)welfare of the community.
92
HUMA
N
 The limitation contemplated under the second sentence of
RIGHT
S
Section 6 does not require any court order; it is sufficient that
EDUCA the interference of the individual's right of abode and travel is
TION
within the legitimate bounds of the exercise of police power.
 The right to return to one’s country is not among the rights

specifically guaranteed under the Bill of Rights, though it may
well be considered as a generally accepted principle of
international law, which is part of the law of the land. However,
it is distinct and separate from the right to travel and enjoys a
different protection under the International Covenant of Civil
and Political Rights.
HUMA
N
Section 7. The right of the people to information on matters of public
RIGHT concern shall be recognized. Access to official records, and to documents
S
EDUCA
and papers pertaining to official acts, transactions, or decisions, as well as
TION 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.
Freedom to information refers to the right of the people to information on

matters of public concern. It is the right of every citizen to access official
records, documents and papers pertaining to official acts, transactions or
decisions, as well as to government research data used as basis for policy
development.
This includes the public’s right to know the public officials’ and
employees’ assets, liabilities, net worth and financial and business interests.
HUMA
N
RIGHT
S
EDUCA
The Rule on Access to Information About the Supreme Court
TION guarantees one’s “privilege” to either obtain a copy receive
the information or gain insight to all information and records
or portions of those records in the official custody, possession
and control of offices in the Supreme Court. Like all other
rights, the “right to know” is not an absolute right.
Excluded are those “non-disclosable information” protected

by laws, rules or resolutions of the Supreme Court En Banc.
HUMA For instance, access to information will be denied if the
N
RIGHT request
S
EDUCA
TION
(1) is made by one whose identity is fictitious or not
legitimate;
(2) is prompted by sheer idle curiosity;
(3) made with a plainly discernible improper motive;
(4) made for a commercial purpose;
(5) is contrary to laws, morals, good customs, or public
policy, example when the request pertains to privileged
documents or communications.
EXCEPTION OF THE RIGHT TO PUBLIC INFORMATION
HUMA 1. Information covered by executive privilege
N
RIGHT
S
EDUCA
TION 2. Privilege information relating to national security, defense
or international relations.
3. Information concerning law enforcement and protection of

public and personal safety.
4. Information deemed confidential for the protection and

privacy of a persons such as minor, victims of crime, or the
accused.
HUMA
N
RIGHT
S
5. Information, documents or records known by reason of
EDUCA
TION
official capacity and are deemed as confidential, including
those submitted or disclose by entities to government
agencies, tribunal, board or officers in relation to the
performance of their functions, or to inquiries or
investigation conducted by them in the exercise of their
administrative, regulatory or quasi judicial power.
6. Pre-judicial pre-mature disclosure

HUMA 7. Records of proceedings or information from proceedings
N
RIGHT which, pursuant to law or relevant rules and regulations,
S
EDUCA are treated as confidential and privilege.
TION
8. Matters considered as confidential under banking and

finance law and their amendatory laws and;
9. Other exceptions to the right to information under laws,

jurisprudence and rules and regulation

HUMA Section 8. The right of the people, including those employed
N
RIGHT in the public and private sectors, to form unions,
S
EDUCA associations, or societies for purposes not contrary to law
TION
shall not be abridged.
Freedom of association encompasses both an individual's

right to join or leave groups voluntarily, the right of the group
to take collective action to pursue the interests of its
members, and the right of an association to accept or decline
membership based on certain criteria.
HUMA There are some situations where a public authority can restrict
N
RIGHT
freedom of assembly and association. This is only the case where the
S authority can show that its action is lawful, necessary and
EDUCA
TION proportionate in order to:
a. protect national security or public safety

b. prevent disorder or crime
c. protect health or morals, or
d. protect the rights and freedoms of other people.
 Action is ‘proportionate’ when it is appropriate and no more than

necessary to address the issue concerned.
HUMA Section 9. Private property shall not be taken for public use
N
RIGHT without just compensation.(right to just compensation)
S
EDUCA
TION
Just compensation refers to the compensation individuals

receive when their property gets seized by the government
for public use or purpose.
It is the fair market value of a parcel of property that

must be paid to the property owner who has had his or her
property taken by the government.
HUMA Eminent domain refers to the power of state and federal
N
RIGHT governments to take private property for public use or
S
EDUCA purpose.
TION
 When determining just compensation in eminent domain,

the Government sends out an appraiser that they hired.
 If the amount offered by the governmental agency taking

the property is not considered sufficient, the property
owner may demand a trial to determine just
compensation.
HUMA Section 10. No law impairing the obligation of contracts shall be
N
RIGHT
passed.
S
EDUCA
TION
Non-impairment clause is to safeguard the integrity of contracts
against unwarranted interference by the State. As a rule, contracts
should not be tampered with by subsequent laws that would change
or modify the rights and obligations of the parties.
 There is impairment if a subsequent law changes the terms of a

contract between the parties, imposes new conditions, dispenses
with those agreed upon or withdraws remedies for the
enforcement of theATTY.rights
05/31/2024
of the parties. It is anything104 that
GLINDA B. TRINIDAD (Instructress)
diminishes the efficacy of the contract.
HUMA  Congress cannot enact laws that would alter, modify or
N
RIGHT amend the rights and obligations of the parties in
S
EDUCA contracts that have been validly entered into.
TION
 The prohibition applies regardless of the manner by which

the impairment is done, i.e., by way of an executive order,
administrative regulation, or city or municipal ordinance.
 Police power is supreme than non-impairment of contract

clause. Furthermore, it applies only where one party is the
government and the other, a private individual.
HUMA Section 11. Free access to the courts and quasi-judicial
N
RIGHT bodies and adequate legal assistance shall not be denied to
S
EDUCA any person by reason of poverty. (Right to free access to
TION
courts and quasi judicial bodies).
Quasi judicial bodies are those entities which are not courts
but granted the authority by law to hear and adjudicate cases
under its expertise.
This right is afforded only to those indigent citizen as certified

by the barangay or concerned DSWD office.
HUMA Section 11. Free access to the courts and quasi-judicial
N
RIGHT bodies and adequate legal assistance shall not be denied to
S
EDUCA any person by reason of poverty. (Right to free access to
TION
courts and quasi judicial bodies).
Quasi judicial bodies are those entities which are not courts
but granted the authority by law to hear and adjudicate cases
under its expertise.
This right is afforded only to those indigent citizen as certified

by the barangay or concerned DSWD office.
HUMA
N
RIGHT
S
EDUCA
TION
WEEK 9 TOPICS

HUMA Section 12. (1) Any person under investigation for the
N
RIGHT commission of an offense shall have the right to be informed
S
EDUCA of his right to remain silent and to have competent and
TION
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.
HUMA
N
RIGHT
S
(3) Any confession or admission obtained in violation of this
EDUCA
TION
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.
 Detailed discussion of these topics will be on finals.

HUMA Section 13. All persons, except those charged with offenses
N
RIGHT
punishable by reclusion perpetua when evidence of guilt is strong,
S
EDUCA
shall, before conviction, be bailable by sufficient sureties, or be
TION 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. (right to bail)
Bail is the security given for the release of a person in custody of

the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required.
HUMA  In the MTC, it is a matter of right before or after conviction, regardless
N
RIGHT
of the offense.
S
EDUCA
TION  In the RTC, it is a matter of right before conviction, except for offenses
punishable by death, reclusion perpetua, or life sentence and the
evidence of guilt is strong, in which case it is discretionary.
 After conviction, bail is a matter of discretion regardless of the offense.

The application for bail may be filed and acted upon by the trial court
as long as the original record of the case has not been transmitted to
the appellate court. However, if the decision of the trial court changed
the nature of the offense from non-bailable to bailable, the application
should be addressed and
05/31/2024
resolved by the appellate court.
HUMA Section 14. (1) No person shall be held to answer for a
N
RIGHT criminal offense without due process of law.
S
EDUCA
TION
Due process is the right to be heard and defend before

competent court or body.
DUAL ASPECT OF DUE PROCESS

1. Substantive due process
2. Procedural due process
HUMA Substantive due process refers to the existence of a valid law
N
RIGHT under which one is charge of criminal offense.
S
EDUCA
TION
Procedural due process concerns about the legal process that

the accused will undergo before condemnation.
 Both substantive and procedural due process must be

observed, otherwise deprivation of accused rights is
invalid and illegal.

HUMA Section 15. The privilege of the writ of habeas corpus shall not be
N
RIGHT suspended except in cases of invasion or rebellion when the
S
EDUCA
public safety requires it.
TION
Habeas corpus is a legal action or writ by means of which

detainees can seek relief from unlawful imprisonment.
 In case of invasion or rebellion, when the public safety

requires it, the President may suspend the privilege of the writ
of habeas corpus for a period not exceeding sixty days, or
place the Philippines or any part of the country under martial
law.
HUMA  Within 48 hours from the time the president suspended
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RIGHT the writ, he is required to submit a report in person or in
S
EDUCA writing to Congress.
TION
 Congress will then have to vote jointly or by at least a

majority of its members in its regular or a special session
to affirm or revoke such suspension.
 The President cannot set aside the decision of Congress.

HUMA Section 16. All persons shall have the right to a speedy disposition
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RIGHT
of their cases before all judicial, quasi-judicial, or administrative
S
EDUCA
bodies.
TION
Speedy trial is a trial conducted according to prevailing rules and

procedures that takes place without unreasonable or undue delay
or within a statutory period.
 The period of trial following the general rule is 180 days unless
extended by proper motion.
 A motion to dismiss may be filed based on the ground of denial
speedy disposition of cases.
HUMA Section 17. No person shall be compelled to be a witness against
N
RIGHT
himself (right against self incrimination).
S
EDUCA
TION
The right against self-incrimination covers testimonial compulsion
only and the compulsion to produce real or physical evidence using
the body of the witness or accused. It applies to commutative
testimony and not mechanical testimony.
 Examples of compelled self-incrimination include instances

where the police or other officials: Use threats of force, violence,
or intimidation to obtain a confession. Threaten harm to a family
member or loved one in order to obtain a confession or evidence.
HUMA Section 18. (1) No person shall be detained solely by reason of his
N
RIGHT political beliefs and aspirations.
S
EDUCA
TION
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
Political belief is a certain set of ethical ideals, principles,

doctrines, myths or symbols of a social movement, institution,
class or large group that explains how society should work and
offers some political and cultural blueprint for a certain social
order.
HUMA
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RIGHT
S
Involuntary Servitude – refers to a condition of enforced and
EDUCA
TION
compulsory service induced by means of any scheme, plan or
pattern, intended to cause a person to believe that if he or
she did not enter into or continue in such condition, he or
she or another person would suffer serious harm or other
forms of abuse or physical restraint, or threat of abuse or
harm, or coercion including depriving access to travel
documents and withholding salaries, or the abuse or
threatened abuse of the legal process.
HUMA Section 19. (1) Excessive fines shall not be imposed, nor cruel,
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RIGHT
degrading or inhuman punishment inflicted. Neither shall the
S
EDUCA
death penalty be imposed, unless, for compelling reasons involving
TION 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.
crime as heinous, mean that it is extremely evil or horrible.

HUMA Section 20. No person shall be imprisoned for debt or non-
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RIGHT payment of a poll tax.
S
EDUCA
TION
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.
HUMA Capitation or poll tax is a fixed amount upon all persons, or upon
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RIGHT
all persons of a certain class, residents within a specified territory,
S
EDUCA
without regard to their property or occupation. A tax per person,
TION levied on individuals rather than on property
Double jeopardy means that when a person is charged with an

offense and the case is terminated either by acquittal or conviction
or in any other manner without the consent of the accused, the
latter cannot again be charged with the same or identical offense.
 This is a criminal procedural defense that prevents a criminal
defendant from being tried for the same criminal act twice after
an dismissal, acquittal or conviction.
HUMA
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RIGHT
S
Ex post facto law is a law that makes illegal an act that was
EDUCA
TION
legal when committed, increases the penalties for an
infraction after it has been committed, or changes the rules
of evidence to make conviction easier.
Bill of attainder is a legislative act that declares someone

guilty of a crime and assesses a punishment without
providing a trial to prove the crime.

HUMA
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RIGHT
S
EDUCA
TION
WEEK 10 TOPICS

UNIVERSAL DECLARATION ON HUMAN RIGHTS
HUMA
Article 1 -- Right To Equality
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RIGHT
S All human beings are born free and equal in dignity and rights. They are endowed with
EDUCA reason and conscience and should act towards one another in a spirit of brotherhood.
TION
Article 2 -- Freedom From Discrimination
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or

international status of the country or territory to which a person belongs, whether it
be independent, trust, non-self-governing or under any other limitation of sovereignty.
HUMA Article 3 -- Right to Security of Person
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RIGHT
S
EDUCA
Everyone has the right to life, liberty and security of person.
TION
Article 4 -- Freedom from Slavery
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5 -- Freedom From Inhumane Treatment
No one shall be subjected to torture or to cruel, inhumane or degrading

treatment or punishment.
HUMA Article 6 -- Right To Legal Recognition
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RIGHT
S
EDUCA
TION
Everyone has the right to be recognized as a person before the
law.
Article 7 -- Right To Equality Before the Law
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
HUMA
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RIGHT
S
Article 8 -- Right To Remedy by Competent Tribunal
EDUCA
TION
Everyone has the right to an effective remedy by the

competent national tribunals for acts violating the fundamental
rights granted to him by the constitution or by law.
Article 9 -- Freedom From Arbitrary Legal Prosecution
No one shall be subjected to arbitrary arrest, detention or

exile.
HUMA
N
RIGHT Article 10 -- Right To Fair Public Hearing
S
EDUCA
TION
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
Article 11 -- Right To Be Considered Innocent Until Proven Guilty
(1) Everyone charged with a penal offense has the right to be

presumed innocent until proved guilty according to law in a public
trial at which he has hadATTY.
05/31/2024 allGLINDA
the guarantees
B. TRINIDAD (Instructress) necessary for his defense.
130
HUMA
N
RIGHT Article 10 -- Right To Fair Public Hearing
S
EDUCA
TION
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
Article 11 -- Right To Be Considered Innocent Until Proven Guilty
(1) Everyone charged with a penal offense has the right to be

presumed innocent until proved guilty according to law in a public
trial at which he has hadATTY.
05/31/2024 allGLINDA
the guarantees
B. TRINIDAD (Instructress) necessary for his defense.
131
HUMA (2) No one shall be held guilty of any penal offense on account of
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RIGHT any act or omission which did not constitute a penal offense,
S
EDUCA
under national or international law, at the time when it was
TION committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offense was committed.
Article 12 -- Freedom From Interference
No one shall be subjected to arbitrary interference with his privacy,

family, home or correspondence, nor to attacks upon his honor and
reputation. Everyone has the right to the protection of the law
against such interference or attacks.
HUMA
N
RIGHT
S Article 13 -- Right To Free Movement
EDUCA
TION
(1) Everyone has the right to freedom of movement and

residence within the borders of each State.
(2) Everyone has the right to leave any country, including

his own, and to return to his country.

HUMA Article 14 -- Right to Asylum From Prosecution
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RIGHT
S
EDUCA
TION (1) Everyone has the right to seek and to enjoy asylum
from persecution in other countries.
(2) This right may not be invoked in the case of

prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of
the United Nations.
HUMA Article 15 -- Right To A Nationality
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RIGHT
S
EDUCA
TION (1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality

nor denied the right to change his nationality.

HUMA
N
RIGHT
S
EDUCA
TION
WEEK 11 TOPICS

HUMA Article 16 -- Right To Marriage
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RIGHT
S
EDUCA (1) Men and women of full age, without any limitation due to race,
TION
nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as to marriage, during marriage
and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
HUMA Article 16 -- Right To Marriage
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RIGHT
S
EDUCA (1) Men and women of full age, without any limitation due to race,
TION
nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as to marriage, during marriage
and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
HUMA Article 17 -- Right To Own Property
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RIGHT
S
EDUCA
TION (1) Everyone has the right to own property alone as well
as in association with others.
(2) No one shall be arbitrarily deprived of his property.

HUMA Article 18 -- Freedom Of Belief
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RIGHT
S
EDUCA
TION Everyone has the right to freedom of thought, conscience
and religion; this right includes the freedom to change
religion or belief, and the freedom -- either alone or in
community with others and in public or private -- to
manifest his religion or belief in teaching, practice,
worship and observance.

HUMA Article 19 -- Freedom Of Speech
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RIGHT
S
EDUCA
TION Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless
of frontiers.

HUMA Article 20 -- Right To Peaceful Assembly and Association
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RIGHT
S
EDUCA
TION (1) Everyone has the right to freedom of peaceful
assembly and association.
(2) No one may be compelled to belong to an association.

HUMA Article 21 -- Right To Participate In Government
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RIGHT
S
EDUCA (1) Everyone has the right to take part in the government of his
TION
country, directly or through freely chosen representatives.
(2) Everyone has the right to equal access to public service in his
country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.
HUMA
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RIGHT
S Article 22 -- Right To Social Security
EDUCA
TION
Everyone, as a member of society, has the right to social

security and is entitled to realization, through national
effort and international co-operation and in accordance
with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
HUMA Article 23 -- Right To Desirable Employment
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RIGHT
S
EDUCA (1) Everyone has the right to work, to free choice of employment, to just
TION and favorable conditions of work and to protection against
unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for
equal work.
(3) Everyone who works has the right to just and favorable remuneration
ensuring for himself and his family an existence worthy of human
dignity, and supplemented, if necessary, by other means of social
protection.
HUMA (4) Everyone has the right to form and to join trade
N
RIGHT unions for the protection of his interests.
S
EDUCA
TION
Article 24 -- Right To Rest
Everyone has the right to rest and leisure, including

reasonable limitation of working hours and periodic
holidays with pay.

HUMA Article 25 -- Right To Adequate Living Standard
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RIGHT
S
EDUCA
TION
(1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing, and medical care and necessary social
services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and

assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
HUMA Article 26 -- Right To Education
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RIGHT
S
EDUCA
TION (1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available
and higher education shall be equally accessible to all on
the basis of merit.

HUMA (2) Education shall be directed to the full development of
N
RIGHT the human personality and to the strengthening of
S
EDUCA respect for human rights and fundamental freedoms. It
TION
shall promote understanding, tolerance and friendship
among all nations, racial or religious groups, and shall
further the activities of the United Nations for the
maintenance of peace.
(3) Parents have a prior right to choose the kind of

education that shall be given to their children.
HUMA Article 27 -- Right To Participate in and Enjoy the Culture
N
RIGHT of One's Community
S
EDUCA
TION
(1) Everyone has the right to freely participate in the

cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral

and material interests resulting from any scientific,
literary or artistic production of which he is the author.
HUMA Article 28 -- Right To Realization of This Declaration
N
RIGHT
S
EDUCA
TION Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.
Article 29 -- Duties To Community
(1) Everyone has duties to the community in which alone

the free and full development of his personality is possible.
HUMA (2) In the exercise of his rights and freedoms, everyone
N
RIGHT shall be subject only to such limitations as are determined
S
EDUCA by law solely for the purpose of securing due recognition
TION
and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order
and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised

contrary to the purposes and principles of the United
Nations.
HUMA
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RIGHT
S Article 30 -- Freedom From Interference in Above Rights
EDUCA
TION
Nothing in this Declaration may be interpreted as

implying for any State, group or person any right to
engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth
herein.

HUMA
N
RIGHT
S
EDUCA
WEEK 12
TION
MIDTERM EXAM

HUMA
N
RIGHT
S
EDUCA
WEEK 13 TOPICS
TION

RIGHTS OF CHILDREN
HUMA  All children shall be entitled to the rights herein set forth
N
RIGHT without distinction as to legitimacy or illegitimacy, sex,
S
EDUCA social status, religion, political antecedents, and other
TION
factors.
(1) Every child is endowed with the dignity and worth of a human
being from the moment of his conception, as generally accepted in
medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will
provide him with love, care and understanding, guidance and
counseling, and moral and material security.
RIGHTS OF CHILDREN
HUMA  The dependent or abandoned child shall be provided with the
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RIGHT
nearest substitute for a home.
S
EDUCA
TION
(3) Every child has the right to a well-rounded development of his
personality to the end that he may become a happy, useful and active
member of society.
 The gifted child shall be given opportunity and encouragement to

develop his special talents.
 The emotionally disturbed or socially maladjusted child shall be treated

with sympathy and understanding, and shall be entitled to treatment
and competent care. ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 157
RIGHTS OF CHILDREN
HUMA  The physically or mentally handicapped child shall be
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RIGHT given the treatment, education and care required by
S
EDUCA his particular condition.
TION
(4) Every child has the right to a balanced diet, adequate

clothing, sufficient shelter, proper medical attention, and all
the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an

atmosphere of morality and rectitude for the enrichment and
the strengthening of his character.
RIGHTS OF CHILDREN
HUMA (6) Every child has the right to an education commensurate with his
N
RIGHT
abilities and to the development of his skills for the improvement
S
EDUCA
of his capacity for service to himself and to his fellowmen.
TION
(7) Every child has the right to full opportunities for safe and
wholesome recreation and activities, individual as well as social, for
the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation,

improper influences, hazards, and other conditions or
circumstances prejudicial to his physical, mental, emotional, social
and moral development.
RIGHTS OF CHILDREN
HUMA (9) Every child has the right to live in a community and a society that can
N
RIGHT
offer him an environment free from pernicious influences and conducive
S to the promotion of his health and the cultivation of his desirable traits
EDUCA
TION
and attributes.
(10) Every child has the right to the care, assistance, and protection of
the State, particularly when his parents or guardians fail or are unable to
provide him with his fundamental needs for growth, development, and
improvement.
(11) Every child has the right to an efficient and honest government that
will deepen his faith in democracy and inspire him with the morality of
the constituted authorities
05/31/2024 ATTY. both in their
GLINDA B. TRINIDAD public and private lives. 160
(Instructress)
RIGHTS OF CHILDREN
HUMA
N (9) Every child has the right to live in a community and a society that can offer him an
RIGHT
S
environment free from pernicious influences and conducive to the promotion of his
EDUCA health and the cultivation of his desirable traits and attributes.
TION
(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with his
fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen
his faith in democracy and inspire him with the morality of the constituted authorities
both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.
RESPONSIBILITIES OF CHILDREN
HUMA (1) Strive to lead an upright and virtuous life in accordance with the tenets
N of his religion, the teachings of his elders and mentors, and the biddings of
RIGHT
S a clean conscience;
EDUCA
TION
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and
helpfulness, and endeavor with them to keep the family harmonious and
united;
(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
RESPONSIBILITIES OF CHILDREN
HUMA
N
RIGHT (5) Respect not only his elders but also the customs and traditions of our
S people, the memory of our heroes, the duly constituted authorities, the
EDUCA
TION laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general
welfare, always bearing in mind that it is the youth who will eventually be
called upon to discharge the responsibility of leadership in shaping the
nation's future; and
(7) Help in the observance of individual human rights, the strengthening of

freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.
RIGHTS OF PARENTS
HUMA (1) The parents shall have the right to the company of their
N
RIGHT
children and, in relation to all other persons or institutions dealing
S
EDUCA
with the child's development, the primary right and obligation to
TION provide for their upbringing.
(2) Parents shall continue to exercise the rights mentioned in

Articles 316 to 326 of the Civil Code over the person and property
of the child.
(3) Parents have the right to discipline the child as may be

necessary for the formation of his good character, and may
therefore require from him obedience to just and reasonable rules,
suggestions and admonitions.
CIVIL CODE PROVISIONS
HUMA Art. 320. The father, or in his absence the mother, is the legal
N
RIGHT
administrator of the property pertaining to the child under parental
S authority. If the property is worth more than two thousand pesos, the
EDUCA
TION father or mother shall give a bond subject to the approval of the Court
of First Instance. (159a)
Art. 321. The property which the unemancipated child has acquired or
may acquire with his work or industry, or by any lucrative title, belongs
to the child in ownership, and in usufruct to the father or mother under
whom he is under parental authority and in whose company he lives;
but if the child, with the parent's consent, should live independently
from them, he shall be considered as emancipated for all purposes
relative to said property, and he shall have over it dominion, usufruct
and administration. (160)
HUMA Art. 322. A child who earns money or acquires property with his own work or
N industry shall be entitled to a reasonable allowance from the earnings, in
RIGHT
S addition to the expenses made by the parents for his support and education.
EDUCA (n)
TION
Art. 323. The fruits and interest of the child's property referred to in article
321 shall be applied first to the expenses for the support and education of the
child. After they have been fully met, the debts of the conjugal partnership
which have redounded to the benefit of the family may be paid from said
fruits and interest. (n)
Art. 324. Whatever the child may acquire with the capital or property of the
parents belongs to the latter in ownership and in usufruct. But if the parents
should expressly grant himATTY.
05/31/2024
allGLINDA
orB.part of the profits that he may obtain,166 such
TRINIDAD (Instructress)
profits shall not be charged against his legitime. (161)
HUMA
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RIGHT
S
Art. 325. The property or income donated, bequeathed or
EDUCA devised to the unemancipated child for the expenses of his
TION
education and instruction shall pertain to him in ownership and
usufruct; but the father or mother shall administer the same, if
in the donation or testamentary provision the contrary has not
been stated. (162)
Art. 326. When the property of the child is worth more than two
thousand pesos, the father or mother shall be considered a
guardian of the child's property, subject to the duties and
obligations of guardians under the Rules of Court. (n)
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
HUMA
N
RIGHT
S
(a) the right not to be subjected to torture or other cruel,
EDUCA inhuman or degrading treatment or punishment;
TION
(b) the right not to be imposed a sentence of capital punishment

or life imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of

his/her liberty; detention or imprisonment being a disposition of
last resort, and which shall be for the shortest appropriate
period of time;
HUMA (d) the right to be treated with humanity and respect, for the inherent
N
RIGHT
dignity of the person, and in a manner which takes into account the
S needs of a person of his/her age. In particular, a child deprived of
EDUCA
TION liberty shall be separated from adult offenders at all times.
 No child shall be detained together with adult offenders. He/She

shall be conveyed separately to or from court. He/She shall await
hearing of his/her own case in a separate holding area.
 A child in conflict with the law shall have the right to maintain
contact with his/her family through correspondence and visits,
save in exceptional circumstances;
HUMA (e) the right to prompt access to legal and other appropriate
N
RIGHT assistance, as well as the right to challenge the legality of the
S
EDUCA
deprivation of his/her liberty before a court or other competent,
TION independent and impartial authority, and to a prompt decision
on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under

the rule on examination of a child witness;
HUMA (h) the right to have his/her privacy respected fully at all stages of
N
RIGHT the proceedings;
S
EDUCA
TION
(i) the right to diversion if he/she is qualified and voluntarily
avails of the same;
(j) the right to be imposed a judgment in proportion to the

gravity of the offense where his/her best interest, the rights of
the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative
justice;
HUMA
N
RIGHT (k) the right to have restrictions on his/her personal liberty limited to the
S
EDUCA
minimum, and where discretion is given by law to the judge to determine
TION whether to impose fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified

under the Probation Law;
(n) the right to be free from liability for perjury, concealment or

misrepresentation;
HUMA
N
RIGHT
S
EDUCA
WEEK 14 TOPICS
TION

RIGHTS OF SENIOR CETIZEN
HUMA 1. Right to reside their home as long as possible
N
RIGHT
S
EDUCA 2. Right for their need and limitations
TION
3. Right to have access to free health / medical care
4. Right to special and appropriate care
5. Right to immediate aid in the event of disaster and emergencies
6. Right to live in an environment which is safe and adaptable to personal

preferences and changingATTY.capacities
05/31/2024 GLINDA B. TRINIDAD (Instructress) 174
RIGHTS OF SENIOR CETIZEN
HUMA 7. Right to opportunities for work or access to other income
N
RIGHT
generating opportunities
S
EDUCA
TION
8. Right to remain integrated in the society
9. Right to organize
10. Right to pursue opportunities for the full development of their

potentials
11. Freedom from exploitation and physical or mental abuse

PRIVILEGES OF SENIOR CETIZEN
HUMA The senior citizens shall be entitled to the following:
N
RIGHT
S
EDUCA
TION
"(a) the grant of twenty percent (20%) discount and exemption
from the value -added tax (VAT), if applicable, on the sale of the
following goods and services from all establishments, for the
exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of

influenza and pnuemococcal vaccines, and such other essential
medical supplies, accessories and equipment to be determined
by the Department of Health (DOH).
HUMA "(2) on the professional fees of attending physician/s in all private
N
RIGHT
hospitals, medical facilities, outpatient clinics and home health care
S services;
EDUCA
TION
"(3) on the professional fees of licensed professional health providing

home health care services as endorsed by private hospitals or
employed through home health care employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in

all private hospitals, medical facilities, outpatient clinics, and home
health care services, in accordance with the rules and regulations to be
issued by the DOH, in coordination with the Philippine Health
Insurance Corporation (PhilHealth);
HUMA
N
RIGHT
S
"(5) in actual fare for land transportation travel in public utility
EDUCA buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility
TION
vehicles (AUVs), shuttle services and public railways, including
Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);
"(6) in actual transportation fare for domestic air transport

services and sea shipping vessels and the like, based on the
actual fare and advanced booking;
HUMA
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"(7) on the utilization of services in hotels and similar lodging
EDUCA establishments, restaurants and recreation centers;
TION
"(8) on admission fees charged by theaters, cinema houses and

concert halls, circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;

HUMA "(b) exemption from the payment of individual income taxes of
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RIGHT
senior citizens who are considered to be minimum wage earners in
S accordance with Republic Act No. 9504;
EDUCA
TION
"(c) the grant of a minimum of five percent (5%) discount relative to

the monthly utilization of water and electricity supplied by the public
utilities: Provided, That the individual meters for the foregoing
utilities are registered in the name of the senior citizen residing
therein: Provided, further, That the monthly consumption does not
exceed one hundred kilowatt hours (100 kWh) of electricity and
thirty cubic meters (30 m3) of water: Provided, furthermore, That the
privilege is granted per household regardless of the number of senior
citizens residing therein;
HUMA "(d) exemption from training fees for socioeconomic programs;
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RIGHT
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EDUCA
TION
"(e) free medical and dental services, diagnostic and laboratory
fees such as, but not limited to, x-rays, computerized tomography
scans and blood tests, in all government facilities, subject to the
guidelines to be issued by the DOH in coordination with the
PhilHealth;
"(f) the DOH shall administer free vaccination against the

influenza virus and pneumococcal disease for indigent senior
citizen patients;
HUMA "(g) educational assistance to senior citizens to pursue post
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RIGHT
secondary, tertiary, post tertiary, vocational and technical education,
S as well as short-term courses for retooling in both public and private
EDUCA
TION schools through provision of scholarships, grants, financial aids,
subsides and other incentives to qualified senior citizens, including
support for books, learning materials, and uniform allowances, to the
extent feasible: Provided, That senior citizens shall meet minimum
admission requirements;
"(h) to the extent practicable and feasible, the continuance of the

same benefits and privileges given by the Government Service
Insurance System (GSIS), the Social Security System (SSS) and the PAG-
IBIG, as the case may be,ATTY.asGLINDA
05/31/2024 are enjoyed
B. TRINIDAD (Instructress) by those in actual service;
182
HUMA "(i) retirement benefits of retirees from both the government and the
N private sector shall be regularly reviewed to ensure their continuing
RIGHT
S responsiveness and sustainability, and to the extent practicable and
EDUCA
TION
feasible, shall be upgraded to be at par with the current scale enjoyed by
those in actual service;
"(j) to the extent possible, the government may grant special discounts in
special programs for senior citizens on purchase of basic commodities,
subject to the guidelines to be issued for the purpose by the Department of
Trade and Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and
government establishments; in the absence thereof, priority shall be given
to them; and
HUMA
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"(l) death benefit assistance of a minimum of Two thousand
EDUCA pesos (Php2, 000.00) shall be given to the nearest surviving
TION
relative of a deceased senior citizen which amount shall be
subject to adjustments due to inflation in accordance with the
guidelines to be issued by the DSWD.
"In the purchase of goods and services which are on promotional

discount, the senior citizen can avail of the promotional discount
or the discount provided herein, whichever is higher.
RIGHTS AND PRIVILEGES OF DISABLED PERSONS (RA 7277)
HUMA 1. Equal Opportunity for Employment. - No disabled person shall
N
RIGHT be denied access to opportunities for suitable employment. A
S
EDUCA
qualified disabled employee shall be subject to the same terms
TION and conditions of employment and the same compensation,
privileges, benefits, fringe benefits, incentives or allowances as a
qualified able bodied person.
Five percent (5%) of all casual, emergency and contractual

positions in the Departments of Social Welfare and
Development; Health; Education, Culture and Sports; and other
government agencies, offices or corporations engaged in social
development shall be reserved for disabled persons.
HUMA 2. Sheltered Employment. - If suitable employment for disabled persons
N cannot be found through open employment as provided in the immediately
RIGHT
S preceding Section, the State shall endeavor to provide it by means of
EDUCA sheltered employment. In the placement of disabled persons in sheltered
TION
employment, it shall accord due regard to the individual qualities, vocational
goals and inclinations to ensure a good working atmosphere and efficient
production.
3. Apprenticeship. - Subject to the provisions of the Labor Code as amended,

disabled persons shall be eligible as apprentices or learners: Provided, That
their handicap is not much as to effectively impede the performance of job
operations in the particular occupation for which they are hired: Provided,
further, That after the lapse of the period of apprenticeship if found
satisfactory in the job performance,
05/31/2024
they shall be eligible for employment.
HUMA 4. Vocational Rehabilitation. - Consistent with the principle of equal
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RIGHT
opportunity for disabled workers and workers in general, the State shall
S take appropriate vocational rehabilitation measures that shall serve to
EDUCA
TION
develop the skills and potentials of disabled persons and enable them
to compete favorably for available productive and remunerative
employment opportunities in the labor market.
5. Vocational Guidance and Counseling. - The Department of Social

Welfare and Development shall implement measures providing and
evaluating vocational guidance and counseling to enable disabled
persons to secure, retain and advance in employment. It shall ensure
the availability and training of counselors and other suitably qualified
staff responsible for the vocational guidance and counseling of disabled
persons.
HUMA
6. Access to Quality Education. - The State shall ensure that disabled persons
N are provided with adequate access to quality education and ample
RIGHT
S
opportunities to develop their skills. It shall take appropriate steps to make
EDUCA such education accessible to all disabled persons. It shall be unlawful for any
TION
learning institution to deny a disabled person admission to any course it offers
by reason of handicap or disability.
7. Assistance to Disabled Students. - The State shall provide financial assistance

to economically marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the form of
scholarship grants, student loan programs, subsidies, and other incentives to
qualified disabled students in both public and private schools. At least five
percent (5%) of the allocation for the Private Education Student Financial
Assistance Program created by virtue of R.A. 6725 shall be set aside for
disabled students pursuing ATTY.
05/31/2024 vocational or(Instructress)
GLINDA B. TRINIDAD technical and degree courses. 188
HUMA 8. Special Education. - The State shall establish, maintain and support a
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complete, adequate and integrated system of special education for the
S visually impaired, hearing impaired, mentally retarded persons and
EDUCA
TION other types of exceptional children in all regions of the country. Toward
this end, the Department of Education, Culture and Sports shall
establish special education classes in public schools in cities, or
municipalities. It shall also establish, where viable, Braille and Record
Libraries in provinces, cities or municipalities.
9. Non-Formal Education. - The State shall develop non-formal

education programs intended for the total human development of
disabled persons. It shall provide adequate resources for non-formal
education programs andATTY.projects
05/31/2024
that cater to the special needs
GLINDA B. TRINIDAD (Instructress) 189
of
disabled persons.
HUMA
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10. State Universities and Colleges. - If viable and needed, the
EDUCA State University or State College in each region or province shall be
TION
responsible for (a) the development of material appliances and
technical aids for disabled persons; (b) the development of
training materials for vocational rehabilitation and special
education instructions; and (c) the research on special problems,
particularly of the visually-impaired, hearing-impaired, speech-
impaired, and orthopedically-impaired students, mentally
retarded, and multi-handicapped and others, and the elimination
of social barriers and discrimination against disabled persons; and
(d) inclusion of the Special Education for Disabled (SPED) course in
the curriculum.
HUMA 11. Health Services. - The State shall protect and promote the right to
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RIGHT
health of disabled persons and shall adopt an integrated and
S comprehensive approach to their health development which shall
EDUCA
TION make essential health services available to them at affordable cost.
The National Government shall provide an integrated health service

for disabled persons which shall include, but not limited to, the
following:
prevention of disability through immunization, nutrition,

environmental protection and preservation, and genetic counseling;
and early detection of disability and timely intervention to arrest
disabling condition; and medical treatment and rehabilitation.
HUMA 12. Auxiliary Social Services. - The State shall ensure that
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RIGHT marginalized persons are provided with the necessary auxiliary
S
EDUCA
services that will restore their social functioning and participation
TION in community affairs. Toward this end, the Department of Social
Welfare and Development shall develop and implement
programs on auxiliary social services that respond to the needs
of marginalized disabled persons. The components of such a
program shall be as follows:
a. assistance in the acquisition of prosthetic devices and medical

intervention of specialty services;
HUMA b. provision of specialized training activities designed to improve
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RIGHT functional limitations of disabled persons related to
S
EDUCA
communication skills;
TION
c. development among disabled persons of a positive self-image

through the provision of counseling, orientation and mobility and
strengthening daily living capability;
d. provision of family care services geared towards developing

the capability of families to respond to the needs of the disabled
members of the family;
HUMA e. provision of substitute family care services and the facilities
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RIGHT therefor for abandoned, neglected, abused and unattached
S
EDUCA
disabled persons who need custodial care;
TION
f. provision of after care and follow-up services for the continued

rehabilitation in a community-based setting of disabled persons
who were released from residential care or rehabilitation
centers; and
g. provision of day care services for disabled children of pre-

school age.
HUMA 13. Broadcast Media. - Television stations shall be encouraged to
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RIGHT provide a sign language inset or subtitles in at least one (1)
S
EDUCA
newscast program a day and special programs covering events of
TION national significance.
14. Telephone Services. - All telephone companies shall be

encouraged to install special telephone devices or units for the
hearing-impaired and ensure that they are commercially
available to enable them to communicate through the telephone
system.

HUMA
15. Free Postal Charges for the Disabled. - Postal charges shall be free on the
N following:
RIGHT
S
EDUCA
TION a. articles and literatures like books and periodicals, orthopedic and other
devices, and teaching aids for the use of the disabled sent by mail within the
Philippines and abroad; and
b. aids and orthopedic devices for the disabled sent abroad by mail for
repair;
Provided, That the aforesaid items are for personal purposes only: Provided
further, That the disabled person is a marginalized disabled as certified by the
Social Welfare and Development Office of the local government unit concerned
or the Department of SocialATTY.
05/31/2024 Welfare and(Instructress)
GLINDA B. TRINIDAD Development. 196
HUMA 16. Barrier-Free Environment. - The State shall ensure the
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RIGHT attainment of a barrier-free environment that will enable
S
EDUCA
disabled persons to have access in public and private buildings
TION and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the "Accessibility Law.
17. Mobility. - The State shall promote the mobility of disabled

persons. Disabled persons shall be allowed to drive motor
vehicles, subject to the rules and regulations issued by the Land
Transportation Office pertinent to the nature of their disability
and the appropriate adaptations or modifications made on such
vehicles.
HUMA 18. Access to Public Transport Facilities. - The Department of Social
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RIGHT
Welfare and Development shall develop a program to assist
S marginalized disabled persons gain access in the use of public transport
EDUCA
TION
facilities. Such assistance may be in the form of subsidized
transportation fare.
19. System of Voting. - Disabled persons shall be allowed to be assisted

by a person of his choice in voting in the national or local elections. The
person thus chosen shall prepare the ballot for the disabled voter inside
the voting booth. The person assisting shall bind himself in a formal
document under oath to fill out the ballot strictly in accordance with
the instructions of the voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall constitute an election
offense.
HUMA 20. Right to Assemble. - Consistent with the provisions of the
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RIGHT
Constitution, the State shall recognize the right of disabled persons
S
EDUCA
to participate in processions, rallies, parades, demonstrations,
TION public meetings, and assemblages or other forms of mass or
concerted action held in public.
21. Right to Organize. - The State recognizes the right of disabled

persons to form organizations or associations that promote their
welfare and advance or safeguard their interests. The National
Government, through its agencies, instrumentalities and
subdivisions, shall assist disabled persons in establishing self-help
organizations by providing them with the necessary technical and
financial assistance.
HUMA 20. Right to Assemble. - Consistent with the provisions of the
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RIGHT
Constitution, the State shall recognize the right of disabled persons
S
EDUCA
to participate in processions, rallies, parades, demonstrations,
TION public meetings, and assemblages or other forms of mass or
concerted action held in public.
21. Right to Organize. - The State recognizes the right of disabled

persons to form organizations or associations that promote their
welfare and advance or safeguard their interests. The National
Government, through its agencies, instrumentalities and
subdivisions, shall assist disabled persons in establishing self-help
organizations by providing them with the necessary technical and
financial assistance.
EXPANDED PRIVILEGES OF PERSON WITH DISABILITY (RA 10754)
HUMA Persons with disability shall be entitled to:

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RIGHT
S
EDUCA “(a) At least twenty percent (20%) discount and exemption from the
TION
value-added tax (VAT), if applicable, on the following sale of goods and
services for the exclusive use and enjoyment or availment of the PWD:
“(1) On the fees and charges relative to the utilization of all services in
hotels and similar lodging establishments; restaurants and recreation
centers;
“(2) On admission fees charged by theaters, cinema houses, concert

halls, circuses, carnivals and
05/31/2024
other similar places of culture, leisure
and
amusement;
HUMA
“(3) On the purchase of medicines in all drugstores;
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RIGHT
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EDUCA
“(4) On medical and dental services including diagnostic and laboratory fees
TION such as, but not limited to, x-rays, computerized tomography scans and blood
tests, and professional fees of attending doctors in all government facilities,
subject to the guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation (PhilHealth);
“(5) On medical and dental services including diagnostic and laboratory fees,
and professional fees of attending doctors in all private hospitals and medical
facilities, in accordance with the rules and regulations to be issued by the DOH,
in coordination with the PhilHealth;
“(6) On fare for domestic airATTY.and

05/31/2024
sea travel;
HUMA
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RIGHT “(7) On actual fare for land transportation travel such as, but not limited
S
EDUCA
to, public utility buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles
TION (AUVs), shuttle services and public railways, including light Rail Transit
(LRT), Metro Rail Transit (MRT) and Philippine National Railways (PNR); and
“(8) On funeral and burial services for the death of the PWD: Provided,
That the beneficiary or any person who shall shoulder the funeral and
burial expenses of the deceased PWD shall claim the discount under this
rule for the deceased PWD upon presentation of the death certificate.
Such expenses shall cover the purchase of casket or urn, embalming,
hospital morgue, transport of the body to intended burial site in the place
of origin, but shall exclude obituary publication and the cost of the
memorial lot.
HUMA
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RIGHT “(b) Educational assistance to PWD, for them to pursue primary,
S
EDUCA secondary, tertiary, post tertiary, as well as vocational or technical
TION education, in both public and private schools, through the provision of
scholarships, grants, financial aids, subsidies and other incentives to
qualified PWD, including support for books, learning materials, and
uniform allowance to the extent feasible: Provided, That PWD shall
meet the minimum admission requirements;
“(c) To the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance
System (GSIS), Social Security System (SSS), and Pag-IBIG, as the case
may be, as are enjoyed by
05/31/2024 ATTY.those in actual
GLINDA B. TRINIDAD (Instructress) service; 204
HUMA
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“(d) To the extent possible, the government may grant special
EDUCA discounts in special programs for PWD on purchase of basic
TION
commodities, subject to the guidelines to be issued for the
purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA); and
“(e) Provision of express lanes for PWD in all commercial and

government establishments; in the absence thereof, priority shall
be given to them.
HUMA
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EDUCA
WEEK 15 TOPICS
TION

BASIC RIGHTS OF WORKERS
HUMA
1. EQUAL WORK OPPORTUNITIES FOR ALL
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RIGHT
It is provided in the Philippine Constitution that: the State shall protect labor,
S promote full employment, provide equal work opportunity regardless of
EDUCA
TION
gender, race, or creed; and regulate employers-employees relationship.
2. SECURITY OF TENURE
Workers cannot be dismissed without just and authorized causes and only
after due process. Just cause refers to any to any wrongdoing committed by a
worker; authorize cause refers to economic circumstances that are not the
worker’s fault.
Due process involve the “twin” requirements of notice and hearing. Every
worker shall be assured security of tenure. A worker shall be made regular after
six (6) months probation. ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 207
HUMA 3. WORK DAYS AND WORK HOURS
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RIGHT
An employee must be paid their wages for all hours worked. If their work
S hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift
EDUCA
TION pay in addition to their pay for regular work hours. If they work over eight
hours a day, they are entitled to overtime pay.
4. WEEKLY REST DAY

A day-off of 24 consecutive hours after six (6) days of work should be
scheduled by the employer upon consultation with the workers.
5. WAGE AND WAGE-RELATED BENEFITS

Wage is the amount paid to an employee in exchange for to the service that
they rendered to their employer.
05/31/2024 ATTY. GLINDA B.Wage may be fixed for a given period.208
TRINIDAD (Instructress)
HUMA
6. PAYMENT OF WAGES
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RIGHT
Wages should be paid directly to the employee in cash, legal tender, or through a
S bank.
EDUCA
TION
Wages shall be given not less than once every two weeks or twice within a
month at intervals not exceeding 16 days.
7. FEMALE EMPLOYEES
Women are prohibited from engaging in night work unless the work is allowed by
the following rules: industrial undertakings from 10 p.m. to 6 a.m.,
commercial/non-industrial undertakings from 12 m.n. to 6 a.m., or agricultural
takings at night provided that she has had nine consecutive hours of rest.
Welfare facilities, such as separate dressing rooms and lavatories, must be
installed at the workplace. ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 209
HUMA 8. EMPLOYMENT OF CHILDREN
N
RIGHT The minimum employment age is 15 years of age. Any worker below 15
S
EDUCA
years of age should be directly under the sole responsibility of parents
TION or guardians provided that work does not interfere with the child’s
schooling or development.
The minimum age of employment is 18 years for hazardous jobs, and 15

years for non-hazardous jobs. Hazardous jobs are
9. SAFE WORKING CONDITIONS

Employers must provide workers with every kind of on-the-job
protection against injury, sickness or death through safe and healthful
working conditions.
HUMA 10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
N
RIGHT Every worker has the right to self-organization, i.e., to form or to join
S
EDUCA
any legitimate workers’ union, free from interference of their
TION employer or the government. All workers may join a union for the
purpose of collective bargaining and is eligible for union membership
on the first day of their employment.
Collective bargaining is a process between two parties, namely the

employer and the union, where the terms and conditions of
employment are fixed and agreed upon. In collective bargaining, the
two parties also decide upon a method for resolving grievances.
Collective bargaining results in a contract called a Collective Bargaining
Agreement (CBA).
OTHER WORKERS RIGHT
HUMA 1. Right to holiday pay
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RIGHT Every worker shall be paid his regular daily wage during regular
S
EDUCA holidays, except in retail and service establishments regularly
TION
employing less than 10 workers;
The employer may require an employee to work on any holiday
but such employee shall be paid a compensation equivalent to
twice his regular rate;
2. Right to service incentive leave

Every employee who has rendered at least one year of service shall
be entitled to a yearly service incentive leave of five days with pay.
OTHER WORKERS RIGHT
HUMA 3. Right to Night Shift Differential Pay
N
RIGHT Every employee shall be paid a night shift premium of not less
S
EDUCA than 10% of their regular wage for each hour of work performed
TION
between 10:00 PM and 6:00 AM.
4. Right to Overtime Pay

Work may be performed beyond eight hours a day provided that
the employee is paid for the overtime work, which consists of an
additional compensation equivalent to his regular wage plus at
least 25% thereof.
OTHER WORKERS RIGHT
HUMA
5. Service charges
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RIGHT
All service charges collected by hotels, restaurants, and similar establishments
S shall be distributed at the rate of 85% for all covered employees and 15% for
EDUCA
TION
management. The share of the employees shall be equally distributed among
them. In case the service charge is abolished, the share of the covered
employees shall be considered integrated in their wages.
6. Mandatory Compensation for Rest Day, Sunday or Holiday Work
When an employee is made or permitted to work on their scheduled rest day,

they shall be paid an additional compensation of at least thirty percent (30%)
of their regular wage. They shall be entitled to such additional compensation
for work performed on Sunday only when it is their established rest day.
OTHER WORKERS RIGHT
HUMA When the nature of the work of the employee is such that they have no
N regular work days and no regular rest days can be scheduled, they shall be
RIGHT
S paid an additional compensation of at least thirty percent (30%) of their
EDUCA regular wage for work performed on Sundays and holidays.
TION
Work performed on any special holiday shall be paid an additional

compensation of at least thirty percent (30%) of the employee’s regular
wage. When such holiday work falls on an employee’s scheduled rest day,
they shall be entitled to an additional compensation of at least fifty percent
(50%) of their regular wage.
When the collective bargaining agreement or other applicable employment

contract stipulates the payment of a higher premium pay than prescribed by
the Labor Code, the employer
05/31/2024 shall
ATTY. GLINDA pay(Instructress)
B. TRINIDAD such higher rate. 215
BASIC RIGHTS OF EMPLOYERS
HUMA 1. Rights of employers to exercise management prerogatives in
N
RIGHT dealing with their companies’ affairs, including their right to
S
EDUCA
dismiss erring employees.
TION
2. Right of the employer to regulate all aspects of employment,
such as the freedom to prescribe work assignments, working
methods, processes to be followed, regulation regarding transfer
of employees, supervision of their work, lay-off and discipline,
and dismissal and recall of workers.
3. Return of Investment
4. Right to Expansion and Development

HUMA 5. The Right to Contest the Compensability of a Claim
N
RIGHT Employees have the right to file claims for compensation, but employers do
S not have to accept those claims without requiring proof. As an employer,
EDUCA
TION you have the right to contest the compensability of any claim. Employers
have the right to request that their insurance carriers contest the
compensability of any claims filed by their workers.
6. The Right to Demand Hard Work

The workers you hire for your business have the right to fair treatment, but
you deserve the same consideration. As the employer, you have the right to
demand hard work from those you hire, and your employees have a
responsibility to do their jobs to the best of their abilities.If a particular
worker is less productive than he or she should be, you have a right to
demand more satisfactoryATTY.
05/31/2024
performance.
HUMA 7. Protection of Trade Secrets
N
RIGHT Whether your business is in the health care field, the technology industry
S
EDUCA
or something else, chances are you have trade secrets that give you a
TION competitive advantage. Your employees are required to respect the
proprietary nature of those trade secrets, and you have the right to
demand that the information not be shared or otherwise disclosed.
8. Loyalty for Your Workforce

As an employer, you do not have the right to unfettered loyalty, but you
do have the right to demand your workers act in your best interests and
not their own. Employees do not have the right to make deals on the side,
and they should not be soliciting business for their own benefit.
HUMA
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RIGHT
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9. The Right to Quality Conscientious Work
EDUCA
TION As an employer, you have the right to demand hard work from
your employees, but you also have the right to expect top quality
work. From salespeople who work on commission to customer
service personnel in a big call center, you have the right to expect
work that is up to the high standards you have set. You may not
have the right to expect perfection, and no employer can hold
their workers to such an unrealistic standards.

MIGRANT WORKERS RIGHT
HUMA 1. The human right to work and receive wages that contribute to an
N
RIGHT
adequate standard of living.
S
EDUCA
2. The human right to freedom from discrimination based on race,
TION national or ethnic origin, sex, religion or any other status, in all aspects
of work, including in hiring, conditions of work, and promotion, and in
access to housing, health care and basic services.
3. The human right to equality before the law and equal protection of
the law, particularly in regard to human rights and labor legislation,
regardless of a migrant's legal status.
4. The human right to equal pay for equal work.
5. The human right to freedom from forced labor.
6. The human right to protection against arbitrary expulsion from the
State of employment. ATTY. GLINDA B. TRINIDAD (Instructress)
05/31/2024 220
HUMA 7. The human right to return home if the migrant wishes.
N
RIGHT 8. The human right to a standard of living adequate for the health
S
EDUCA and well-being of the migrant worker and his or her family.
TION
9. The human right to safe working conditions and a clean and safe
working environment.
10. The human right to reasonable limitation of working hours,
rest and leisure.
11. The human right to freedom of association and to join a trade
union.
12. The human right to freedom from sexual harassment in the
workplace.
HUMA 13. The human right to protection during pregnancy from work
N
RIGHT proven to be harmful.
S
EDUCA
TION
14. The human right to protection for the child from economic
exploitation and from any work that may be hazardous to his or
her well-being and development.
15. The human right of children of migrant workers to education.
16. The human right of migrants and their families to

reunification.
HUMA
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RIGHT
S
EDUCA
WEEK 16 TOPICS
TION

KASAMBAHAY RIGHTS AND PRIVILEGES
HUMA 1. Right to Just and Humane Conditions of Work. The
N
RIGHT kasambahay has the right to a safe and healthy work
S
EDUCA
environment, continuous (sufficient) rest periods, time for
TION
recreation and leisure.
2. Right to Just and Humane Treatment. The Kasambahay is

entitled to be treated free from any physical or psychological
violence, or any other act which debases, degrades or demeans
the intrinsic worth and dignity of the kasambahay as a human
being be used upon the latter.

HUMA
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RIGHT
S
3. Right against Involuntary Servitude, Debt Bondage and
EDUCA Trafficking. The kasambahay shall have the right to refuse or deny
TION
his or her services to work or tasks not stipulated in the
employment contract.
In case the kasambahay agrees to work in industrial undertakings

and perform work or task for the service or benefit of another
household, he or she shall be entitled to applicable minimum
wage or just compensation respectively.
HUMA 4. Right to Social Protection. The kasambahay shall be covered by
N
RIGHT the Social Security System (SSS) and be entitled to all the benefits
S
EDUCA
provided under Republic Act No. 8282, as amended. The
TION employers of said kasambahay shall pay for the employer’s share
of the SSS contributions without deducting the same from the
monthly compensation of the kasambahay.
The kasambahay shall also pay for the employee share of the SSS
contributions. All house helpers shall be covered by the
Philippine Health Insurance Corporation (Philhealth) in
accordance with its guidelines and be entitled to all the benefits
provided by law.
HUMA 5. Right to Privacy. The kasambahay shall have the right to
N
RIGHT privacy during his/her rest periods. The kasambahay's right to
S
EDUCA
privacy shall extend to any and all forms of personal
TION communications.
6. Right to Minimum Wage. The kasambahay shall be entitled to

existing minimum wage of the place of employment.
7. Right to free board, lodging and medical attendance. The

kasambahay has the right to suitable and sanitary living quarters
as well as adequate food and medical attendance free of charge.
HUMA 8. Right to access educational opportunities. The kasambahay
N
RIGHT has the right to access opportunities for education and training
S
EDUCA
to upgrade their skills and improve the services they provide to
TION their employers.
9. Right to self-organization. The kasambahay shall have the right

to form or join association or societies for purposes not contrary
to law.
10. Right to redress grievance. The kasambahay shall have the

right to redress grievance and to the expeditious settlement of
disputes.
INDIGENOUS PEOPLES RIGHTS
HUMA 1. Rights of Indigenous Cultural Communities/Indigenous Peoples
N
RIGHT to Ancestral Domains.
S
EDUCA a. Rights of Ownership. ICCs/IPs have rights of ownership
TION
over lands, waters, and natural resources and all improvements
made by them at any time within the ancestral
domains/lands.
b. Right to Develop Lands and Natural Resources. Subject to

property rights within the ancestral domains already existing
and/or vested upon effectivity of the Act, ICCs/Ips have the right
to control, manage, develop, protect, conserve, and sustainably
use
HUMA c. Right to Benefits. The ICCs/IPs have the right to benefit
N
RIGHT from the utilization, extraction, use and development of lands
S
EDUCA
and natural resources within their ancestral lands/domains and
TION to be compensated for any social and/or environmental costs of
such activities.
2. Right to Stay in Territories and Not to be Displaced Therefrom

The right of ICCs/IPs to stay in their territories shall remain
inviolate. No ICCs/IPs shall be relocated without their free and
prior informed consent nor through any means other than
eminent domain.
HUMA a. Temporary Relocation as an Exceptional Measure.
N
RIGHT Temporary relocation is an exceptional measure if, after
S
EDUCA
exhausting all legal remedies, it stands as the only option to
TION avoid loss of lives, and to safeguard the health and safety of the
populations affected. Temporary relocation shall generally occur
as a result of force majeure, natural calamities or catastrophes.
b. Right to Return to Ancestral Domain. When the reason

for the relocation ceases to exist as determined by the ICCs/IPs,
in consultation with appropriate government agencies, the
ICCs/IPs shall have the right to return to their ancestral domains.
HUMA c. Rights in Case of Permanent Relocation/ Displacement. Should
N
RIGHT
the conditions for their return pose grave and long-term risks for the
S displaced ICCs/IPs, and normalcy and safety of the previous settlements
EDUCA
TION
are irreversibly lost, the displaced ICCs/IPs shall, upon their Free and
Prior Informed Consent, be accorded the following:
(1) Relocation to a site, which shall, in all possible cases, be of equal

quality and legal status as that previously occupied, and which shall be
suitable to provide for their present needs and future development;
(2) Security of tenure over lands to which they will be resettled or
relocated; and.
(3) Compensation for loss, injury or damage as a consequence of such
relocation or displacement.
HUMA
3. Right to Regulate Entry of Migrants and Other Entities.
N The collective right to use everything within the domain/land is limited only to the
RIGHT recognized members of the ICCs/IP community. Accordingly, the ICCs/IPs shall have the
S
EDUCA right to regulate the entry of migrants, including organizations who intend to do business,
TION engage in development or other form of activities, in their ancestral domains/lands.
4. Right to Safe and Clean Air and Water.

a) The ICCs/IPs through their indigenous knowledge systems and practices and their
customs and traditions have preserved the environment and have demonstrated their
capability to conserve and protect the integrity of their ecological systems. To enable these
ecologically-sound and sustainable practices to flourish, the ICCs/IPs have the right to
regulate activities that may adversely affect their airspace, bodies of water and lands.
Any violation of environmental laws adversely affecting the integrity of the ecological
systems in ancestral domains/territories shall be penalized according to customary laws of
the ICCs/Ips concerned.
HUMA 5. Right to Claim Parts of Reservations. The dispossession of
N
RIGHT
indigenous peoples from their ancestral domains/lands by operation
S of law, executive fiat or legislative action constitute a violation of the
EDUCA
TION constitutional right to be free from the arbitrary deprivation of
property. As such, ICCs/IPs have the right to claim ancestral domains,
or parts thereof, which have been reserved for various purposes.
6. Right to Resolve Conflicts According to Customary Laws. All

conflicts pertaining to property rights, claims and ownership,
hereditary succession and settlement of land disputes within
ancestral domains/ lands shall be resolved in accordance with the
customary laws, traditions and practices of the ICCs/IPs in the area
where the conflict arises.
HUMA
N
RIGHT
S
EDUCA
WEEK 17 TOPICS
TION

RIGHTS OF PERSONS ACCUSED AND UNDER INVESTIGATION (RA 7438)
HUMA (a) Any person arrested detained or under custodial investigation

N
RIGHT
shall at all times be assisted by counsel.
S
EDUCA
TION
(b) 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.
HUMA
(c) The custodial investigation report shall be reduced to writing by the
N investigating officer, provided that before such report is signed, or thumb
RIGHT
S
marked if the person arrested or detained does not know how to read and
EDUCA write, it shall be read and adequately explained to him by his counsel or by the
TION
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.
(d) 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
05/31/2024 asB. TRINIDAD
ATTY. GLINDA evidence in any proceeding.
(Instructress) 237
HUMA (e) Any waiver by a person arrested or detained under the provisions of
N Article 125 of the Revised Penal Code, or under custodial investigation, shall
RIGHT
S be in writing and signed by such person in the presence of his counsel;
EDUCA otherwise the waiver shall be null and void and of no effect.
TION
(f) 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,
05/31/2024
uncle or aunt, nephew or niece,
and
guardian or ward.
RIGHTS OF THE ACCUSED DURING TRIAL
HUMA 1. To be presumed innocent until the contrary is proved beyond
N
RIGHT
reasonable doubt.
S
EDUCA
TION
2. To be informed of the nature and cause of the accusation
against him.
3. To be present and defend in person and by counsel at every stage of

the proceedings, from arraignment to promulgation of the judgment.
4. To testify as a witness in his own behalf but subject to cross-

examination on matters covered by direct examination. His silence
shall not in any manner prejudice him.
HUMA 5. To be exempt from being compelled to be a witness against
N
RIGHT himself.
S
EDUCA
TION
6. To confront and cross-examine the witnesses against him at
the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not
with due diligence be found in the Philippines, unavailable, or
otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same
parties and subject matter, the adverse party having the
opportunity to cross-examine him.
HUMA 5. To be exempt from being compelled to be a witness against
N
RIGHT himself.
S
EDUCA
TION
6. To confront and cross-examine the witnesses against him at
the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not
with due diligence be found in the Philippines, unavailable, or
otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same
parties and subject matter, the adverse party having the
opportunity to cross-examine him.
HUMA
N
RIGHT
S
7. To have compulsory process issued to secure the attendance
EDUCA of witnesses and production of other evidence in his behalf.
TION
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner prescribed

by law.

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HUMAN RIGHTS

ATTY. GLINDA B. TRINIDAD

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 7

United Nations (UN) defines human rights as universal and inalienable,

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 11

 Partake of the nature of political rights when they are utilized as a

 Conceives of human rights more in negative (“freedom

 Favors the abstention rather the intervention of government

 Covers economic, social, and cultural rights which find

 Conceives of human rights more in positive terms.

 Fundamental claims to social equality

 Freedom of association and assembly, freedom of religion and, more

2. Derogable or Can-Be-Limited Rights

 May be suspended or restricted or limited depending on the

 Must satisfy three requirements for it to be valid

b. There is a state of emergency which necessitates the

c. It does not exceed what is strictly necessary to achieve

4. Right to Life, Liberty, and Security of the Person

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 22

a. Freedom from arbitrary arrest and detention

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 23

 Everyone is equal before the law and is entitled to equal

 Protection against discrimination on the grounds of sex,

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 24

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 25

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 26

11. Protective Rights of Persons in Armed Conflicts

 Provided in the international humanitarian law for the protection of

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 27

a. Right of people to decide their own destiny

13. Minority Group Rights

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 28

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 29

During the 6th Century, the Achaemenid Persian Empire of

Taking into account the principle of equality as contained in the

Human rights have also been receiving more and more

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 48

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 49

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 52

2. Indivisibility: Human rights are indivisible and interdependent,

4. Accountability: Governments must create mechanisms of

6. Non-Discrimination: Human rights must be guaranteed

Domestic law including constitution that contravene

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 56

Domestic law are considered more binding and

Signature ad referendum means that the signature

2. Enforcement against states – redress may be sought

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 59

2. Obligations to protect: This level of obligation requires the state to

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 63

 Under Section 18, Article XIII of the Philippine

2. Human Rights Promotion which includes the wide range of strategies

(3) Provide appropriate legal measures for the protection of human

(6) Recommend to Congress effective measures to promote human

(7) Monitor the Philippine Government’s compliance with

(9) Request the assistance of any department, bureau, office, or

(11)Perform such other duties and functions as may be provided by

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 70

05/31/2024 ATTY. GLINDA B. TRINIDAD (Instructress) 71

Three rights under these section includes:

Due process means an opportunity given for one to be

Equal protection of law signifies treatment of fairness among

Warrant of arrest is an order issued by the court

b. Search of moving vehicles