HUMAN RIGHTS

EDUCATION
Prepared by
Jazzele M. Arimbuyutan, RCrim

J.M. Arimbuyutan
Human Rights
Defined as supreme, inherent, and
inalienable rights to life, to dignity, and
to self development. The essence of
these rights makes man human.

• It is concerned with civil, political,

economic, social, and cultural rights.
Basic Characteristics of Human Rights
[Link]- natural or inborn. Not granted by
any person or authority
[Link] - essential. Without them, the
life and dignity of man will be meaningless
[Link] - Cannot be rightfully taken
away from a free individual
[Link] - Cannot be lost even if
man fails to use or assert them, even by a
long passage of time
Basic Characteristics of Human Rights

5. Indivisible - Not capable of being divided.

Cannot be denied even when other rights have
already been enjoyed

6. Universal - Applies irrespective of one's origin,

status, or condition or place where one lives

7. Interdependent - The fulfillment or exercise

of one cannot be had without the realization of
the other
Classification of Rights

❑ According to Source
❑ According to Recipient
❑ According to Aspect of Life
❑ According to Derogability
According to Source

1. Natural Rights - God-given rights,

acknowledged by everybody to be
morally good. Unwritten, but prevail
as norms of the society

Examples: The right to be happy, right

to marry, right to life and property, etc.
According to Source
2. Constitutional Rights - Conferred and protected by the
Constitution and which cannot be modified or taken away
by the law-making body

Examples: right to suffrage, right to religion, etc.

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.

Examples: rights of the accused, rights of persons under

custodial investigation, etc
According to Recipient

1. Individual Rights- Accorded to individuals

Examples: right to vote, right to own property, etc.

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.

Examples: right to cultural preservation,

environmental rights, rightto assembly, etc
According to Aspect of Life

1. Civil Rights - Rights which the law will enforce at the

instance of private individuals for the purpose of securing
to them the enjoyment of their means of happiness.
Examples: right to self expression, right to marry, right to
religion, etc.

2. Political Rights
Rights which enable us to participate in running the affairs of
the government either directly or indirectly
Examples: right to vote, right to assembly, etc
According to Aspect of Life
3. Economic and Social Rights - Those which the law confers
upon the people to enable them to achieve social and economic
development
Examples: right to own property, right of employees, etc.

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.
Examples: right to practice one's culture, right to cultural
religion, right to use own language, etc
According to Derogability

[Link] or Non-Derogable Rights -

Those that cannot be suspended nor taken
away nor restricted/limited even in extreme
emergency and even if the government
invokes national security.

Examples: The right to freedom of thought,

conscience, and religion
According to Derogability
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. It Must satisfy three requirements for it to be
valid:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which needs urgent preservation of the
public good, public safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.

Examples: (During pandemic) the right to travel may be limited, right to

liberty, which Can be lawfully restricted
Human Rights Violations Slavery - Africans were
stripped of human rights, enslaved, brutally treated
and considered lesser than their fellow human
beings for centuries.

Holocaust - also known as the Shoah, was the

genocide of European Jews during World War II.
Between 1941 and 1945, Nazi Germany and its
collaborators systematically murdered some six
million Jews across German-occupied Europe
Example of a Violation of a Human Right
Louie Soriao wasa high school student in the sub province of
Dinalungan, Aurora (S.Y. 1993 to 1994). Due to his reputation of talking
back to school authority during the past years, he was refused
readmission to complete his fourth and final year of high school
through a verbal notice not to readmit. Soriao questioned the notice,
averring that he was deprived of a hearing on the matter and thus the
verbal notice was a denial of his right to due process. The
administration ignored the student's plea to reconsider its decision to
deny him readmission claiming, "it was their prerogative." Seeking
further remedies to no avail, Soriao filed a petition for certiorari to the
CA.
Example of a Violation of a
Human Right Issue:

Whether or not the petitioner

was denied his right to education.
Example of a Violation of a Human Right
Ruling:

YES. The Court of Appeals ordered Pineda,

Head Teacher of the Juan C. Angara Memorial
High School to allow Soriao to enroll and
study after he was meted out a disciplinary
action without due process. The Court of
Appeals invoked the 1987 Constitution and
the Universal Declaration of Human Rights.
Freedom vs. Human Rights

Two of the key values that lie at the

core of the idea of human rights are
human dignity and equality. Freedom:
because the human will be an
important part of human dignity. To be
forced to do something against our will
demeans the human spirit.
Non-State actors on Human Rights
Non-state actors include organizations and
individuals that are not affiliated with, directed by, or
funded through the government. These include
corporations, private financial institutions, and NGOs.
human rights of others in the private spłre needs to
be addressed also; non- state entities are obliged, as a
minimum, to compl. Whenever power is exercised,
there is the risk that it is used in an unrestricted
manner violating the human rights of individuals.
The International Bill of Human Rights
The International Bill of Human Rights consists of the five core main
treaties:
a. Universal Declaration of Human Rights
b. International Covenant on Economic, Social and Cultural Rights
c. International Covenant on Civil and Political Rights
d. Optional Protocol to the International Covenant on Civil and
Political Rights
e. Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty

Purpose: the promotion and encouragement of respect for human

rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion
Universal Declaration of Human Rights

One of the five core main treatise of the

international bill of human rights. It is an
international document which articulates 30
fundamental rights and freedoms for all (right to
life, right against slavery, right to education, etc.).
The declaration was proclaimed by the United
Nations General Assembly in Paris on December
10, 1948 through General Assembly resolution
217
UN Commission on Human Rights
established by the Economic and Social Council to
tin all matters relating in human rights Fo
Composed of 43 members Deals with all aspects of
human rights issues involving the participation of
all sectors of the international committee
Undertakes special tasks assigned to it by the
General Council, including the investigation of all
allegations of human rights violations Special
rapporteurs or working groups are appointed to
deal with special topics
International Criminal Court (ICC)

It investigates and, where warranted, tries

individuals charged with the gravest crimes of
concern to the international community: genocide,
war crimes, crimes against humanity and the crime
of aggression. As a court of last resort, it seeks to
complement, not replace, national Courts. Governed
by an international treaty called the Rome Statute,
the ICC is the world's first permanent international
criminal court. There are 123 countries party to' the
Rome Statute.
International Criminal Court (ICC) Main Office:

Hague, a city in the Netherlands No. of Judges: 18 judges

The court has jurisdiction over four categories of crimes:
Genocide - intent to destroy in whole or in part a
national, ethnic, racial, or religious group; war crimes, or
grave breaches of the laws of war, which include the
Geneva Conventions; crimes against humanity, or
violations committed as part of large-scale attacks
against civilian populations crimes of aggression, or the
use or threat of armed force by a state against political
independence of another state, or violations of the UN
Charter.
International Court of Justice.
Sometimes known as the World Court, the principal
judicial of the United Nations (UN) and has a twofold
role

First, it settles, disputes such as land frontiers,

maritime boundaries, territorial sovereignty, and
other disputes between two nations
Second, the ICJ gives advisory opinions on legal
questions referred to it. Main Office: Hague,
Netherlands No. of Judges: 15 Judges
International Human Rights Law

It is a set of rules which seek, for

humanitarian reason, to limit the effects of
armed conflict. It protects persons who are
not or are no longer participating in the
hostilities and restricts the means and
methods of warfare. It is also known as the
law of war or the law of armed conflict
which regulates the conduct of warfare.
The UN and International
conventions on Rights of Prisoners of
War, and In Conflict Areas Geneva
Convention
- provides a wide range of protection for
prisoners of war. It defines their rights
and sets down detailed rules for their
treatment and eventual release.
Prisoners of War (POWs) refers to any of the
following categories:
1. Members of the armed forces of a Party to the conflict as well as
members of militias or volunteer corps forming part of such armed
forces.
2. Persons who accompany the armed forces without actually being
members thereof, such as civilian members of military aircraft
crews, war correspondents, supply contractors, etc.
3. Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to the
conflict.
4. Inhabitants of a non-occupied territory, who on the approach of the
enemy spontaneously take up arms to resist the invading forces
Note: chaplains and medical
personnel attached to armies if fall
into the hands of the enemy they
shall not be treated as prisoners of
war.
Rights of the POWs
1. The PoWs cannot be compelled to give any information
other than their name, rank, age and service number.
2. If because of his physical or mental condition, he is
unable to answer the question, he should be handed to
the medical corps.
3. A PoW must be allowed to keep with him all his
personal possessions which does not include arms and
military papers.
4. The PoWs shall be released and repatriated
immediately after the cessation of active hostilities.
5. They should be treated with honour and humanely.
Rights of the POWs

6. PoWs should be allowed to inform the International

Committee of Red Cross of their capture.
7. They should be allowed to inform their family of
their status.
8. If held captive for a long period of time, they should
be allowed to contact their relatives on a regular basis.
9. They are allowed to receive packages.
10. PoWs should be provided with adequate food.
Rights of the POWs
11. When held captive for long, they should be
provided with housing as well as clothing.
12. They should not be made to do any dangerous
or degrading work.
13. They should be reimbursed if any work was
done by them.
14. If a PoW has been wounded in the battlefield, he
shall receive help from the International Committee
of Red Cross.
International Committee of Red Cross
An independent, neutral organization ensuring
humanitarian protection and assistance for victims of
armed conflict and other situations of violence. Salient core
tasks of the committee (derived from the Geneva
Conventions and its own statutes) to monitor compliance
of warring parties with the Geneva Conventions to organize
nursing and care for those who are wounded on the
battlefield to supervise the treatment of prisoners of war to
help with the search for missing persons in an armed
conflict
War Crimes Are those violations of international
humanitarian law (treaty or customary law) that
incur during the conduct of war.

Examples: intentionally directing attacks against

the civilian population; intentionally directing
attacks against buildings dedicated to religion,
education, art, or hospitals; Rape or sexual
slavery, enlisting children under the age of 15
years into armed forces or groups
Note: The Conventions and Proto col make
clear that grave breaches must be punished.
However, no specific penalties set. Instead,
they expressly require States to enact
criminal legislation to punish those
responsible for grave breaches. Human
Rights
Human Rights Legal Framework in the Philippines
Philippines signatories to 8 UN core human rights treaties:
1. The International Convention on the Elimination of Racial
Discrimination or (ICERD),
2. The International Covenant on Economic, Social and Cultural Rights or
(ICESR),
3. The Convention on the Elimination of All Forms of Discrimination
Against Women or (CEDAW),
4. The Convention Against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment or (CAT),
5. The International Covenant on Civil and Political Rights or (ICCPR),
6. The Convention on the Rights of the Child or (CRC),
7. The International Convention on the Protection of the Rights of AII
Migrant Workers and Members of their Families or (CMW),
8. The Convention on the Rights of Persons with Disabilities or (CRPD),
 Human rights violations during the
Colonial Period; Tracing its origins.

During the colonial period in the Philippines, both

Spanish and American administrations were
responsible for various human rights violations.
These injustices had profound impacts on the
indigenous population and shaped the socio-
political landscape of the country.
 Spanish
Colonial Period
(1565-1898)
Origins and Violations:
• Forced Labor (Polo y Servicios): The Spanish
imposed a system of forced labor on Filipinos,
requiring them to work on public projects such as
building roads and churches without fair
compensation. This system often led to harsh
conditions and abuse.
o The construction of the Intramuros walls in Manila
and the Galleon Trade routes relied heavily on
forced labor from Filipino men.
• Encomienda System:
• This system granted Spanish settlers'
control over local populations, including
the right to extract tribute and labor. It
often led the encomenderos in various
regions imposed heavy tributes and labor
demands, leading to widespread
discontent and uprisings.
• Religious Persecution:
• The Spanish colonial authorities
enforced Catholicism rigorously and
persecuted those who practiced
indigenous religions or belonged to
other faiths.
• Censorship and Repression of
Intellectuals:
• Persecuted intellectuals who
criticized Spanish rule or
promoted nationalist ideas.
• Indigenous Resistance
Suppression:
• Spanish authorities frequently
suppressed indigenous revolts
and resistance through violent
means.
 American
Colonial Period
(1898-1946)
• Pacification Campaigns:
• The American administration used military
force to suppress resistance against
colonial rule, particularly during the
Philippine-American War. These
campaigns involved significant human
rights abuses, including summary
executions and torture.
o The Balangiga Massacre (1901)
involved brutal retaliation by
American troops against Filipino
villagers who had attacked a garrison,
resulting in widespread violence
against civilians.
• Land Grabbing and Exploitation:
American policies favored large-scale
agricultural and industrial enterprises,
often at the expense of local farmers
and communities. This led to land
dispossession and economic
exploitation.
o : The establishment of large
sugar and hemp plantations
displaced many local farmers,
contributing to their
economic marginalization.
Displacement of Indigenous Communities:
American colonial policies often led to the
displacement of indigenous communities to make
way for development projects and resource
extraction.
• The forced relocation of the Igorot peoples from
the Cordillera region to clear land for American-
owned mining companies disrupted their
traditional land use and social structures.
Repression of the Hukbalahap Movement:
Description:
The Hukbalahap (Hukbong Bayan Laban sa Hapon)
movement, initially a resistance group against Japanese
occupation, faced severe repression under American rule due to
its anti-colonial stance.
• The post-World War II crackdown on the Hukbalahap by the
American-backed Philippine government led to numerous
extrajudicial killings and widespread human rights abuses
against suspected members and sympathizers.
 JAPANESE
OCCUPATION
PERIOD (1942-1945)
BATAAN DEATH MARCH
o After the surrender of American and Filipino troops
in Bataan in April 1942, thousands of prisoners of
war were forced to march approximately 65 miles to
a prison camp under brutal conditions. during the
Bataan Death March, prisoners were subjected to
physical abuse, starvation, and summary executions.
The harsh conditions and brutal treatment resulted in
the deaths of thousands of soldiers and civilians.
MANILA MASSACRE
o As American forces approached Manila in early
1945, Japanese troops committed widespread
atrocities against civilians and prisoners.
During the Manila Massacre in February 1945,
Japanese soldiers systematically murdered an
estimated 100,000 civilians, including women
and children, in an effort to prevent their
liberation.
COMFORT WOMEN SYSTEM
o The Japanese military established a system of
sexual slavery, forcing women, including many
Filipinas, into prostitution in military brothels
known as "comfort stations." Thousands of Filipino
women were coerced or abducted into sexual
slavery by the Japanese military. These women,
referred to as "comfort women," endured severe
physical and psychological trauma.
FORCED LABOR
o Many Filipinos were subjected to forced labor
by the Japanese military for various wartime
projects, including infrastructure construction
and resource extraction. Filipinos were
conscripted to work on the construction of
airstrips, bunkers, and other military facilities
under harsh conditions. Many suffered from
inadequate food, medical care, and were often
subjected to physical abuse.
REPRESSION AND SUPPRESSION OF
RESISTANCE
o Description: The Japanese occupation forces
repressed any form of resistance or dissent,
including executing suspected guerrillas and
sympathizers. The Japanese military conducted
mass executions of suspected resistance fighters and
their supporters. One notable instance is the
execution of suspected guerilla members and their
families in the town of Batangas.
FUNDAMENTAL POWERS OF THE
STATE
The 1987 Philippine Constitution outlines
three fundamental powers of the state:
legislative, executive, and judicial. These
powers are essential for maintaining a
functional government and ensuring the rule
of law
LEGISLATIVE POWER:
• This power is vested in the Congress
of the Philippines, which consists of
the Senate and the House of
Representatives. The legislative
branch is responsible for creating,
amending, and repealing laws.
EXECUTIVE POWER:
• This power is vested in the President of the
Philippines and extends to the administration of
government policies and enforcement of laws.
The executive branch is responsible for
implementing and enforcing laws, managing
public administration, and directing foreign
policy.
JUDICIAL POWER:
• Description: This power is vested in
the Supreme Court and lower courts.
The judiciary interprets laws,
resolves disputes, and ensures that
laws are applied fairly and
consistently
Due Process
Due process is a constitutional guarantee
that ensures fair treatment through the
judicial system. It is a fundamental right
enshrined in Article III, Section 1 of the
1987 Philippine Constitution. Due process
is essential for protecting individual rights
and maintaining justice.
Procedural Due Process:
This involves the fairness of the procedures
used in legal proceedings, including the right to
a fair trial, the right to be heard, and the right to
an impartial judge. It ensures that individuals
are not deprived of their rights or liberties
without a fair and just legal process.
Substantive Due Process:
This involves the protection of
fundamental rights from government
interference. It ensures that laws and
policies are not arbitrary or unreasonable
and do not infringe upon individuals'
fundamental rights and freedoms.
Branches of the government
and their roles in
safeguarding Filipino
human rights
1. Executive Branch
Role and Functions:
• Headed by: The President of the
Philippines
• Key Responsibilities: Implementing and
enforcing laws, managing public
administration, and upholding human rights
through various agencies.
Human Rights Safeguarding Mechanisms:
Enforcement of Laws: Agencies like the Department of
Justice and the Commission on Human Rights investigate
violations and ensure legal protections.
Human Rights Commissions: The Commission on Human
Rights (CHR) addresses complaints and advocates for
victims.
Law Enforcement Oversight: The Philippine National
Police (PNP) and National Bureau of Investigation (NBI)
are monitored to ensure they respect human rights.
Presidential Orders: The President
can issue directives to address
specific human rights issues.
International Cooperation: The
Executive represents the Philippines
in global human rights forums and
treaties.
Legislative Branch
Role and Functions:
• Headed by: The Congress of the Philippines
(Senate and House of Representatives)
• Key Responsibilities: Crafting laws,
overseeing the Executive, and ensuring
accountability.
Human Rights Safeguarding
Mechanisms:
Lawmaking: Congress enacts laws like the
Magna Carta for Women and the Anti-Torture
Act to protect human rights.
Oversight: Congressional committees, such as
the Committee on Human Rights, investigate
and review human rights issues.
Advocacy: Legislators advocate for human
rights through bills and public campaigns.
Budget Appropriations: Congress allocates
funds for human rights programs and
agencies.
Treaty Ratification: Congress ratifies
international human rights treaties,
incorporating them into national law.
Judiciary
Role and Functions:
• Composed of The Supreme Court of the
Philippines and lower courts.
• Key Responsibilities: Interpreting laws,
resolving disputes, and ensuring justice
by applying laws fairly and impartially.
Human Rights Safeguarding Mechanisms:
[Link] of Cases:
o The Judiciary handles cases involving human
rights violations, ensuring that individuals
receive a fair trial and that justice is served.
[Link] Review:
o Courts can review and nullify laws or
government actions that violate constitutional
rights, thereby protecting individual freedoms.
Protection of Rights:
o The Judiciary upholds fundamental rights by
enforcing legal protections and ensuring that
human rights are respected in legal
proceedings.
Precedent Setting:
o Court decisions establish legal precedents
that shape the interpretation and application
of human rights laws.
The Bill of Rights in the 1987 Philippine
Constitution (Article III)
-serves as a fundamental safeguard for the
protection of individual liberties and rights against
abuses by the state and other entities. It guarantees
civil, political, and human rights for all citizens
and serves as the cornerstone of Philippine
democracy.
And it is composed of (22 SECTIONS)
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires otherwise, as prescribed by law.
Section 4. No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people peaceably
to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof.
Section 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and
to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use
without just compensation.
Section 10. No law impairing the obligation of contracts shall be
passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason
of poverty.

Section 12. (1) Any person under investigation for the commission of
an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in
writing and in the presence of counseL
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided
by law.
Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas
corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires
it.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a
witness against himself.
Section 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall the death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt
or non-payment of a poll tax.
Section 21. No person shall be twice put in
jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder
shall be enacted
Republic Act No. 7438
An Act Defining Certain Rights of
Persons Arrested, Detained, or Under
Custodial Investigation and Duties of the
Arresting, Detaining, and Investigating
Officers, and Providing Penalties for
Violations Thereof.
Republic Act No. 7438, passed in 1992,
outlines the rights of persons under custodial
investigation in the Philippines and establishes
the duties of law enforcement officers in
protecting those rights. It is designed to ensure
that individuals who are arrested, detained, or
being investigated by authorities are treated
fairly and humanely, and that their basic human
rights are not violated.
Right to Be Informed: Persons arrested or
detained must be informed of their rights, such
as the right to remain silent and the right to
counsel, in a language or dialect they understand.
Right to Counsel: The detainee has the right to
consult with an independent and competent
attorney. If the detainee cannot afford legal
representation, the state will provide one
Prohibition of Torture and
Coercion:
Any form of physical, psychological, or
mental force, intimidation, or violence
used to obtain information or a
confession is strictly prohibited. This
provision protects the detainee from
human rights abuses.
Miranda Rights
The Miranda Rights stem from the landmark
U.S. Supreme Court case Miranda v. Arizona
(1966), which established that individuals in
custody must be informed of their rights before
interrogation. Though it originated in the
United States, its principles have influenced
criminal justice systems globally, including the
Philippines.
 Right to Remain Silent: The suspect must be informed that they
have the right to remain silent. Anything they say can be used
against them in court.
Right to Counsel: The suspect has the right to an attorney during
questioning. If they cannot afford one, a lawyer will be provided
by the state.
Inadmissibility of Statements: Any confession or statement made
without the suspect being informed of their Miranda Rights is
generally inadmissible in court.
Waiver of Rights: If the suspect chooses to waive their rights, this
waiver must be voluntary, and the suspect must fully understand
the consequences of doing so.
COMMISSION ON HUMAN RIGHTS
Commission on Human Rights was created in
response to the 1986 People Power Revolution,
which led to the fall of the Marcos dictatorship and
the restoration of democracy in the Philippines. The
new 1987 Philippine Constitution included
provisions for human rights protection, and thus the
CHR was established.
Constitutional Mandate:
The CHR was formally created under Article
XIII, Section 17 of the 1987 Constitution. Its
establishment was a response to the
widespread human rights abuses committed
during Martial Law (1972-1986) and was
further institutionalized by Executive Order
No. 163 in 1987, which defined its powers and
functions.
Commission on Human Rights is an
independent body composed of a Chairperson
and four Commissioners and the Chairperson
and Commissioners are appointed by the
President of the Philippines and they must be
natural-born citizens of the Philippines,
recognized experts in human rights, and must
not have been candidates for any elective office
immediately prior to their appointment
FUNCTIONS AND MANDATE
Investigating Human Rights Violations:
The CHR is empowered to investigate human
rights abuses, including those committed by
state actors such as the police, military, and
other government agencies. It has the authority
to receive complaints, initiate investigations,
and make recommendations for prosecution.
Monitoring Government Compliance:

The CHR monitors the compliance of the

Philippine government with international
human rights treaties and agreements, such
as the International Covenant on Civil and
Political Rights (ICCPR) and the Convention
Against Torture (CAT).
Education and Advocacy:

The CHR conducts human rights education

programs to raise awareness and promote a culture
of respect for human rights among the public,
government institutions, and law enforcement
agencies. It also engages in advocacy efforts to
advance human rights policies and reforms.
Assisting Victims of Human Rights
Violations:

The CHR provides legal assistance and advice to

victims of human rights abuses. It may file cases
on behalf of victims or recommend action to
other governmental agencies to ensure that
violators are held accountable.
Recommendations for Legislation:
The CHR can recommend to
Congress and the President changes
or improvements to existing laws, or
the enactment of new laws, to better
protect human rights in the country.
Preventing and Monitoring Torture:
The CHR is a key agency in the enforcement
of the Anti-Torture Act of 2009 (Republic
Act No. 9745), which prohibits the use of
torture by law enforcement and military
personnel. It also monitors the treatment of
prisoners and detainees to ensure their rights
are respected.
International Cooperation:
The CHR represents the Philippines in
various international human rights
forums and collaborates with United
Nations agencies, international human
rights organizations, and other
countries to promote global human rights
standards.
International Cooperation:
The CHR represents the Philippines in
various international human rights forums
and collaborates with United Nations
agencies, international human rights
organizations, and other countries to
promote global human rights standards.
REFERENCES:
• [Link]

• [Link]

• [Link]

• 1987 Philippine Constitution - Article XIII, Section 17

• [Link]
20(Philippines).pdf

• Keesing, Felix M. "El Encargado: Spanish Colonial Administration in the Philippines" (1987).

• Constantino, Renato. "The Philippines: A Past Revisited" (1975).

• Herring, George C. "The American Century: A History of the United States Since 1890" (2000).

• Tadem, Teresa S. "The Philippine Experience Under American Rule" (1989).

• Kessler, David. "The Manila Massacre: A Study in War Crimes" (1985).