Human Rights
Human Rights
Human Rights
Article 7. All are equal before the Article 2.1. Each State Party to the Article III, Section 1. No person shall be deprived 1. Victims of Oplan Tokhang who were
law and are entitled without any present Covenant undertake to of life, liberty and property without due process of deprived of their right to equal protection
discrimination to equal respect and ensure to all law nor shall any person be denied of the equal of law for being executed without due
individuals within its territory and protection of laws. process.
protection of the law. All are
subject to its jurisdiction the rights
entitled to equal protection
recognized in the 1.
present Article V, Section 1. Suffrage may be exercised 2. Despite of the prohibition for age
against any discrimination in Covenant, without discrimination of by all citizens of the Philippines not otherwise discrimination, some companies still look
violation of this Declaration and any kind as to race, colour, sex, disqualified by law. into the age of the applicant as a factor
against incitement to such language, religion, political or other for employment.
discrimination opinion, national or social origin Labor Laws
property, birth or other status.
RA 6725. An Act Strengthening The Prohibition On
Article 3. The State Parties to the Discrimination Against Women With Respect To
Covenant undertake to ensure the Terms And Conditions Of Employment, Amending
equal right of men and women to te For The Purpose Article One Hundred Thirty-Five
enjoyment of all civil and political Of The Labor Code, As Amended.
rights.
RA 10911. Anti-age discrimination Act
Article 10.1. All persons deprived
of their liberty shall be treated with Age Discrimination in Employment Act of 1967
humanity and with respect for the
inherent dignity of the human RA 9710. The Magna Carta of Women
person
ICESCR
Article 8. Everyone has the right to Article 2. Everyone has the right to Article III, Sec. 1. No person shall be deprived of 1. Alleged Multiple cases of Extra Judicial
an effective remedy by the legal recourse when their right life, liberty, or property without due process of law, Killings related to the Administration's
competent national tribunals for have been violated, even if the nor shall any person be denied the equal protection War on Drugs
acts violating the fundamental rights violator was acting in an official of the laws.
granted him by the constitution or capacity 2. Alleged denial of Senate Blue Ribbon
by law. Article III, Sec. 11. Free access to the courts and Committee for a legal counsel during the
Article 14. The right to equality quasi-judicial bodies and adequate legal assistance impeachment hearing for SC CJ Sereno
before the law; the right to be shall not be denied to any person by reason of
presumed innocent until proven poverty.
guilty and to have an impartial
tribunal Article III, Sec. 16. All persons shall have the right
to a speedy disposition of their cases before all
Human Rights (JD4202) Group 2 – Aguilar, Alfonso, Masangcay, Valencia, Villanueva
Article 9. No one shall be subjected Article 6(1). Every human being Article III, Sec 1. No person shall be deprived of 1. Mayor Espinosa was shot dead inside
to arbitrary arrest, detention or has the inherent right to life. This life, liberty, or property without due process of law, his cell while the police officers are
exile. right shall be protected by law. No nor shall any person be denied the equal protection serving a search warrant to him to search
Human Rights (JD4202) Group 2 – Aguilar, Alfonso, Masangcay, Valencia, Villanueva
one shall be arbitrarily deprived of of the laws. his cell for an alleged hidden illegal drugs
his life. and illegal firearms.
Article III, Sec 2. The right of the people to be
Article 9. secure in their persons, houses, papers, and effects 2. The GMA News reported that the SC
against unreasonable searches and seizures of acquits convict due to unlawful arrest.
1. Everyone has the right to whatever nature and for any purpose shall be The Court said that there was no longer
liberty and security of person. inviolable, and no search warrant or warrant of any reason that would have justified the
No one shall be subjected to arrest shall issue except upon probable cause to be necessity of setting up a checkpoint for
arbitrary arrest or detention. determined personally by the judge after the purpose of searching the getaway
No one shall be deprived of his examination under oath or affirmation of the vehicle. This led the SC to conclude that
liberty except on such grounds complainant and the witnesses he may produce, the checkpoint was not meant to conduct
and in accordance with such and particularly describing the place to be searched a routinary and indiscriminate search of
procedure as are established and the persons or things to be seized. moving vehicles but it was used as bait
by law. to capture Manago.
2. Anyone who is arrested Article III, Section 3(1). The privacy of
shall be informed, at the time communication and correspondence shall be 3. Manila police PO1 Sunny Mercado of
of arrest, of the reasons for his inviolable except upon lawful order of the court, or will face charges of unlawful arrest, grave
arrest and shall be promptly when public safety or order requires otherwise as threat, arbitrary detention, and robbery
informed of any charges prescribed by law. thru extortion after detaining 34-year-old
against him. Michael Belle Dupio, a call center agent
3. Anyone arrested or detained Article III, Section 6. The liberty of abode and of from Makati City, on Aug. 5 at 3 a.m.
on a criminal charge shall be changing the same within the limits prescribed by near a convenience store in Old Sta.
brought promptly before a law shall not be impaired except upon lawful order Mesa Street.
judge or other officer of the court. Neither shall the right to travel be Once at the station, Mercado asked
authorized by law to exercise impaired except in the interest of national security, Dupio to give him P30,000 in exchange
judicial power and shall be public safety, or public health, as may be provided for his freedom. The victim sought help
entitled to trial within a by law. from his friend who transferred money
reasonable time or to release. online that same morning.
It shall not be the general rule Article III, Section 14(1). No person shall be held The victim later sought help from a
that persons awaiting trial shall to answer for a criminal offense without due Radyo Singko program and, following the
be detained in custody, but process of law. show’s recommendation, filed a
release may be subject to complaint at Manila Police District’s
guarantees to appear for trial, Article III, Section 18(1). No person shall be General Assignment Investigation
at any other stage of the detained solely by reason of his political beliefs and Section.
judicial proceedings, and, aspirations.
should occasion arise, for
Human Rights (JD4202) Group 2 – Aguilar, Alfonso, Masangcay, Valencia, Villanueva
necessary to protect national denied not only the inherent right of citizens to
security, public order (ordre return to their country of birth but also the protection
public), public health or morals of the Constitution and all of the rights guaranteed
or the rights and freedoms of to Filipinos under the Constitution. The Court
others, and are consistent with denied the motion for reconsideration of the
the other rights recognized in petitioner and ruled that the President, upon whom
the present Covenant. executive power is vested, has unstated residual
4. No one shall be arbitrarily powers which are implied from the grant of
deprived of the right to enter executive power and which are necessary for her to
his own country. comply with her duties under the Constitution. The
powers of the President are not limited to what are
Article 13. An alien lawfully in the expressly enumerated in the article on the
territory of a State Party to the Executive Department and in scattered provisions
present Covenant may be expelled of the Constitution.
there from only in pursuance of a
decision reached in accordance
with law and shall, except where Astorga v. People of the Philippines (2003)
compelling reasons of national
security otherwise require, be The Court ruled that mayor Astorga was guilty for
allowed to submit the reasons the crime of arbitrary detention when despite of
against his expulsion and to have pleas, the witnesses and the complainants were not
his case reviewed by, and be allowed by petitioner to go home. This refusal was
represented for the purpose quickly followed by the call for and arrival of almost
before, the competent authority or dozen of reinforcements, all armed with military-
a person or persons especially issue rifles, who proceeded to encircle the team,
designated by the competent weapons pointed at the complainants and
authority. witnesses.
Article 17.
Article 10. Everyone is entitled in Article 14 (1). All persons shall be Article III, Section 14(2). In all criminal 1. Clogged courts. It has been a long
full equality to a fair and public equal before the courts and prosecutions, the accused shall be presumed issue in the Philippine judiciary system. It
hearing by an independent and tribunals. In the determination of innocent until the contrary is proved, and shall often takes numerous years to have a
impartial tribunal, in the any criminal charge against him, or enjoy the right to be heard by himself and counsel, case decided.
determination of his rights and of his rights and obligations in a to be informed of the nature and cause of the
obligations and of any criminal suit at law, everyone shall be accusation against him, to have a speedy, impartial,
charge against him. entitled to a fair and public hearing and public trial, to meet the witnesses face to face,
by a competent, independent and and to have compulsory process to secure the
impartial tribunal established by attendance of witnesses and the production of
law. The press and the public may evidence in his behalf. However, after arraignment,
be excluded from all or part of a trial may proceed notwithstanding the absence of
trial for reasons of morals, public the accused: Provided, that he has been duly
order (ordre public) or national notified and his failure to appear is unjustifiable.
security in a democratic society, or
when the interest of the private Rule 115, Section 1(h) of The Revised Rules of
lives of the parties so requires, or Criminal Procedure. The accused shall be
to the extent strictly necessary in entitled To have speedy, impartial and public trial.
the opinion of the court in special
circumstances where publicity
would prejudice the interests of Speedy Trial Act of 1998 (Republic Act No.
justice; but any judgment rendered 8493). An act to ensure a speedy trial of all criminal
cases before the Sandiganbayan, Regional Trial
Human Rights (JD4202) Group 2 – Aguilar, Alfonso, Masangcay, Valencia, Villanueva
in a criminal case or in a suit at law Court, Metropolitan Trial Court, Municipal Trial
shall be made public except where Court, and Municipal Circuit Trial Court,
the interest of juvenile persons appropriating funds therefor, and for other
otherwise requires or the purposes.
proceedings concern matrimonial
disputes or the guardianship of The Revised Guidelines for Continuous Trial of
children. Criminal Cases (A.M. No. 15-06-10-SC). It follows
a series of pilot testing of continuous trial procedure
for criminal cases in several trial courts in Metro
Manila beginning in 2014. The Revised Guidelines
are designed to cut trial duration in criminal cases
from the usual three years to just around three
months.
Perez vs Estrada