I. INTRODUCTION 10.

Utilitarian Theory- a moral theory by which

Human Rights requires the government to make decisions for majority
-inalienable, fundamental rights "to which a of the public. ("greater happiness of everyone", sabi ni
person inherently entitled simply because he or she Ma'am)
is a human being", regardless of race, sex,
nationality, ethnicity, language, religion, or any Classification of Human Rights
other status.
-it includes the right to life and liberty, 1.Classic and Social Rights - Classic rights are often
freedom from slavery and torture, freedom of seen to require the non-intervention of the state
opinion and expression, the right to work and (negative obligation) and Social Rights requires active
education, and many more. intervention on the part of the state (positive
-Everyone is entitled to these rights, without obligation)
discrimination.
2.Civil, Political, Economic, Social and Cultural
Theories of Sources of Human Rights Rights- "the physical integrity rights", it is concerned
1.Religious or Theological Approach- rights of the with the right to life, liberty an security of the person,
people came from the Creator (God) and which offer protection from physical violence
against person, torture and inhuman treatment,
2.Natural Law Theory - individuals enter in arbitrary arrest, detention, exile, slavery and servitude,
society with certain basic rights and no government can interference with one's privacy.
deny these rights.
3.Fundamental and Basic Rights - are taken to
3.Historical Theory- human rights are not created mean such rights as the right to life an inviolability of
by the state, but they are the products of historical the person.
evolution. The modern state human rights are
recognized and upheld by the law, ancient times Characteristics of Human Rights
human rights were based on customs and usages. 1.Inherent - human rights are not granted by any
person or authority, it does not have to be bought,
4.Functional or Sociological Approach- Human earned or inherited. They belong to people simply
rights exist as a form of social control. because they are human.
2.Fundamental - without Human Rights, the life and
5. Positivist Theory - human rights are created and dignity of man will be meaningless.
maintained by the State. The State is the only source of 3.Inalienable - Human Rights cannot be taken away;
right and outside the State an individual has no right at No one has the right to deprive another of Human
all. Human rights are NOT natural to man. Rights for any reason.

6.Marxist Theory- Social interest precedes individual a.Human Rights are inalienable because:
interest. ● They cannot be rightfully taken away from a
free individual.
7.Theory Based on Equality and Respect - all ● They cannot be given away to be forfeited.
human beings are born free and equal in dignity and
rights placed equality at the top of the international 4.Imprescriptible- HR does not prescribe and
human rights agenda more than 50 years ago. Since cannot be lost even if man fails to use or assert them,
them the right to equality and prohibition of even by a long passage of time.
discrimination have been incorporated into an array of
constitutional and international instruments. 5. Indivisible - not capable of being divided.
6.Universal - they apply irrespective of one's origin,
8.Theory Based on Justice - all human beings have status, condition or place.
fundamental interest in living a minimally flourishing 7.Independent - the fulfillment or exercise of one
Life of which autonomy and well-being are central cannot be had without the realization of the other.
components.
4 Generations of Human Rights
9.Theory Based on Dignity of Man - Human -refers to the order in time when a particular set of
rights is derived from the vision that it needs to rights began to develop and gain recognition by States
promote and protect human dignity. -these are succession of periods
Political and Civil Rights (1st Gen). II. SOURCES OF HUMAN RIGHTS
("no one shall rights") -negative rights. It prohibits A.Primary sources
the State from doing something. 1)International Convention and Treaties - these
are contracts signed between states. They are legally
Examples: binding and impose mutual obligations on the states
(1) prohibition form searches and seizures that are party to any particular treaty. The main
(2) interruption of peaceful meetings particularity of human rights treaties is that they
(3) undue intervention to the freedom of expression impose obligations on states about the manner in
which they treat all individuals within their jurisdiction
Economic, Social and Cultural Rights (2ndGen) 2) International Customs as evidence of a
("State shall rights")- positive rights. It enjoins the general practice accepted as law -Customary
State to perform an act or do something for the international law plays a crucial role in international
enjoyment of these rights by the people. human rights law. The Statute of the International
Examples: Court of Justice refers to"general practice accepted as
(1) right to work law".
(2) right to education 3)General Principles of Law-In the application of
(3) right to food both national and international law, general or guiding
principles are used. In international law, they have
Collective Rights (3rdGen) ('solidarity rights") been defined as "logical propositions resulting from
-rights for the vulnerable of the society. judicial reasoning on the basis of existing pieces of
Examples: international law."
(1) right to development
(2) right to live a healthful and B.Secondary Sources
balanced ecology 1)Subsidiary means for the determination of
(3)right to live in peace rules of law -According to Art 38 of the Statute of
International Court of Justice, judicial decisions and
Digital Rights (4th Gen)- Genetic Engineering, the teachings of the most qualified publicists are
Artificial Intelligence, Internet Freedom, Robotic subsidiary means for the determinations of rules of
Techonology, "free public WiFI" law.
Jus Cogens- also referred to as "peremptory norm
Development of Human Rights of international law". It literally means "compelling
1.Magna Carta of Human Rights- the Great Charter of law". A norm accepted and recognized by the
Liberties. It was accepted by King John of England in international community of States as a whole as a
1215 and granted certain rights to English noblemen. norm from which no derogation is permitted and
which can be modified only by a subsequent norm
2. In 1215, after King John of England violated a of general international law having the same
number of ancient laws and customs by which England character. ( Vienna Convention on the Law of Treaties,
had been governed, his subjects forced him to sign the Art. 53)
Magna Carta, which enumerated what later came to be
thought of as human rights. Obligations Erga Omnes- an obligation of every
2.American Bill of Rights- In 1787, when the blueprint State towards the international community as a whole.
For self-government- the American Constitution was All states have a legal interest in its compliance, and
being drafted, the draft was remarkable but deeply thus all States are entitled to invoke responsibility for
flawed, because it does not contain the declaration breach of such an obligation. (Case Concerning the
of individual rights. The ABR inspired by Jefferson and Barcelona Traction, ICJ 1970)
drafted by James Madison, was adopted, and in 1791
the American Constitution's first ten amendment Examples:
became the law of the land. 1) Outlawing of acts of aggression
2)Outlawing of genocide
3.French Declaration of Rights of Man and the Citizen 3)Basic human rights
- the content of the document emerged largely form the 4)Protection from Slavery and racial discrimination
ideals of the Enlightenment. The key drafts were
drafted by Lafayette, working at times with his close Actio Popularis - is a Latin term that means a
friend Thomas Jefferson. It was influenced by the lawsuit maybe brought by a 3rd party in the interest
doctrine of "Natural right." of the public as a whole.
 It is sometimes used in the context of genocide (2) Adopt its operational guidelines and rules of
And terrorism prosecution under international law. procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;
Doctrine of Incorporation - it means that the rule (3) Provide appropriate legal measures for the
of international law form part of the law of the land protection of human rights of all persons within the
and no further legislative action is needed to make Philippines, as well as Filipinos residing abroad, and
such rules applicable in the domestic sphere. provide for preventive measures and legal aid services
to the under-privileged whose human rights have been
Under this doctrine, as accepted by the majority violated or need protection;
of states, such principles are deemed incorporated in (4) Exercise visitorial powers over jails, prisons, or
the law of every civilized states as a condition and detention facilities;
consequence of its membership in the society, the (5) Establish a continuing program of research,
state is automatically obligated to comply with these education, and information to enhance respect for the
principles. primacy of human rights;
(6) Recommend to Congress effective measures to
Judicial decisions and teachings of highly promote human rights and to provide for
qualified publicists - According to Art 38 of the compensation to victims of violations of human rights,
Statute of International Court of Justice, judicial or their families;
decisions and the teachings of the most qualified (7) Monitor the Philippine Government's compliance
publicists Are subsidiary means for the determinations with international treaty obligations on human rights;
of rules of law. (8) Grant immunity from prosecution to any person
whose testimony or whose possession of documents or
Kuala Lumpur War Crimes Commission - it is a other evidence is necessary or convenient to determine
Malaysian organization established 2007 by the truth in any investigation conducted by it or under
Mahathir Mohamad to investigate war crimes. its authority;
(9) Request the assistance of any department, bureau,
office, or agency in the performance of its functions;
COMMISSION ON HUMAN RIGHTS (10) Appoint its officers and employees in accordance
with law; and
(11) Perform such other duties and functions as may be
ARTICLE XIII
provided by law
HUMAN RIGHTS

SECTION 19.
SECTION 17. The Congress may provide for other cases of violations
of human rights that should fall within the authority of
(1) There is hereby created an independent office called the Commission, taking into account its
the Commission on Human Rights. recommendations. The Commission on Human Rights
(2) The Commission shall be composed of a Chairman (CHR) is an independent National Human Rights
and four Members who must be natural-born citizens Institution (NHRI) created under the 1987 Philippine
of the Philippines and a majority of whom shall be Constitution, established on 05 May 1987 by virtue of
members of the Bar. The term of office and other Executive Order No. 163. It is an independent
qualifications and disabilities of the Members of the constitutional office created under the 1987
Commission shall be provided by law. Constitution of the Philippines, with the primary
(3) Until this Commission is constituted,the existing function of investigating all forms of human rights
Presidential Committee on Human Rights shall violations involving civil and political rights in the
continue to exercise its present functions and powers. Philippines.
(4) The approved annual appropriations of the
Commission shall be automatically and regularly Is the CHR a Constitutional Commission?
released. NO! It is an independent office or institution created by
the Constitution specifically by Sec. 17 Art. XIII and
SECTION 18. enjoys fiscal autonomy.
The Commission on Human Rights shall have the
following powers and functions: CHR IS NOT A QUASI- JUDICIAL BODY
(1) Investigate, on its own or on complaint by any Not meant by fundamental law to be another court or
party, all forms of human rights violations involving quasi- judicial agency Most that may be conceded to
civil and political rights; the Commission in the way of adjudicative power is
that it may investigate, receive evidence and make ______________________________________
findings of fact as regards claimed human rights UNITED NATIONS
violations involving civil and political rights. PURPOSE
Fact finding is not adjudication, and cannot be likened The United Nations (UN) is an international
to the judicial function of a court of justice, or even a organization created in 1945, shortly after the end of
quasi-judicial agency or official WWII. The UN was formed by 51 countries in order to
encourage resolution of international conflicts without
MANDATE war and to form policies on international issues. Like
The Commission is mandated to conduct investigations most organizations, the UN was formed in order to
on human rights violations against marginalized and meet certain goals and purposes. Article I of the
vulnerable sectors of the society, involving civil and Charter of United Nations specifies the purposes of
political rights. It also promotes the protection of, the UN. The Charter of United Nations (UN Charter) is
respect for, and enhancement of people's civil, political, the UN's governing document, much like the
economic, social, and cultural rights. Constitution of the United States of America.

POWERS & FUNCTIONS The UN Charter sets out five main purposes:
The CHR derives its powers and authorities from
national and international statutes. Its powers and ● Maintaining worldwide peace and security
functions are stipulated in the Constitution and ● To protect Human Rights
reiterated in E.O No. 163. ● Fostering cooperation between nations in order
to solve economic, social, cultural, or
1) Investigate, on its own or on complaint by any party, humanitarian international problems or
all forms of human rights violations involving civil and delivering humnitarian aid.
political rights; ● Promote Sustainable Development
(2) Adopt its operational guidelines and rules of ● Uphold International Law
procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court; PRINCIPAL ORGANS
(3) Provide appropriate legal measures for the The Security Council
protection of human rights of all persons within the The Security Council has a primary responsibility
Philippines, as well as Filipinos residing abroad, and under the UN Charter to maintain international peace
provide for preventive measures and legal aid services and security.
to the under-privileged whose human rights have been Unlike the General Assembly, the Security Council does
violated or need protection; not hold regular meetings. It can be convened at any
(4) Exercise visitorial powers over jails, prisons, or time, whenever international peace is threatened. In
detention fact, it meets almost every day.
facilities;
(5) Establish a continuing program of research, The Economic and Social Council (ECOSOC) is
education, and information to enhance respect for the the central body for coordinating the economic and
primacy of human rights; social work of the United Nations and the UN System
(6) Recommend to Congress effective measures to The Council recommends and directs activities aimed
promote human rights and to provide for at promoting economic growth of developing countries,
compensation to victims of violations of human rights, supporting human rights and fostering world
or their families; cooperation to fight poverty and under-development.
(7) Monitor the Philippine Government's compliance
with international treaty obligations on human rights; The Trusteeship Council was assigned under the
(8) Grant immunity from prosecution to any person UN Charter to supervise the administration of 11 Trust
whose testimony or whose possession of documents or Territories—former colonies or dependent territories—
other evidence is necessary or convenient to determine which were placed under the International Trusteeship
the truth in any investigation conducted by it or under System. The system was created at the end of the
its authority; World War II to promote the advancement of the
(9) Request the assistance of any department, bureau, inhabitants of those dependent Territories and their
office, or agency in the performance of its functions; progressive development towards self-governance or
(10) Appoint its officers and employees in accordance independence.
with law; and
(11) Perform such other duties and functions as may be The International Court of Justice (ICJ) is the
provided by law. UN's main judicial organ, located in The Hague,
Netherlands. Established in 1945, the ICJ, or "World ● Promote international cooperation for human
Court" assumed its functions in 1946. The Court settles rights
legal disputes only between nations and not between
individuals, in accordance with international law. If a ● Stimulate and coordinates action for human
country does not wish to takepart in a proceeding, it rights throughout the United Nations system
does not have to do so, unless required by special treaty
provisions. Once a country accepts the Court's ● Promote universal ratification and
jurisdiction, it must comply with its decision. implementation of international standards

The Secretariat is responsible for servicing the other ● Assist in the development of new norms
organs of the United Nations and administering the
programmes and policies laid down by them. The ● Support human rights organs and treaty
Secretariat is headed by the Secretary-General, who is monitoring bodies
appointed by the General Assembly on the
recommendation of the Security Council for a 5-year ● Respond to serious violations of human rights
term and is responsible for implementing decisions
taken by various organs of the United Nations. As the ● Undertakes preventive human rights action
chief Administrative officer of the Organization, the
Secretary-General directs the work of staff known as ● Promote the establishment of national human
"international civil servants" rights infrastructures
______________________________________
International Bodies that Protect and Promote ● Undertake human rights field activities and
Human operations
Rights Office of the United Nations High
Commissioner for Human Rights ● Provide education, information advisory
services and technical assistance in the field of
It is a United Nations agency that works to promote human rights
and protect the human rights that are guaranteed
under international law and stipulated in the Universal The Human Rights Committee is the body of
Declaration of Human Rights of 1948. The office was independent experts that monitors implementation of
established by the UN General Assembly on 20 the International Covenant on Civil and Political Rights
December 1993 in the wake of the 1993 World by its State parties. All States parties are obliged to
Conference on Human Rights. submit regular reports to the Committee on how the
The mandate of OHCHR derives from Articles 1, 13 and rights are being implemented. States must report
55 of the Charter of the United Nations, the Vienna initially one year after acceding to the Covenant and
Declaration and Programme of Action and General then whenever the Committee requests (usually every
Assembly resolution 48/141 of 20 December 1993, by four years). The Committee examines each report and
which the Assembly established the post of United addresses its concerns and recommendations to the
Nations High Commissioner for Human Rights. In State party in the form of "concluding observations".
connection with the programme forreform of the
United Nations (A/51/950, para. 79), the OHCHR and The Committee Against Torture (CAT) is the body
The Centre for Human Rights were consolidated into a of 10 independent experts that monitors
single OHCHR on 15 September 1997. implementation of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
The objectives of OHCHR are to: Punishment by its State parties.

● Promote universal enjoyment of all human The United Nations Committee on the
rights by giving practical effect to the will and Elimination of Discrimination against Women
resolve of the world community as expressed by (CEDAW), an expert body established in 1982, is
the United Nations composed of 23 experts on women's issues from
around the world. The Committee's mandate is very
● Play the leading role on human rights issues specific: it watches over the progress for women made
and emphasizes the importance of human in those countries that are the States parties to the 1979
rights at the international and national levels Convention on the Elimination of All Forms of
Discrimination against Women. A country becomes a
State party by ratifying or acceding to the Convention
and thereby accepting a legal obligation to counteract Committee on the Rights of the Child
discrimination against women. The Committee It is the body of 18 Independent experts that monitors
monitors the implementation of national measures to implementation of the Convention on the Rights of the
fulfill this obligation. Child by its State parties. It also monitors
implementation of two Optional Protocols to the
The Committee on the Elimination of Racial Convention, on involvement of children in armed
Discrimination (CERD) is the body of independent conflict and on sale of children, child prostitution and
experts that monitors implementation of the child pornography. On 19 December 2011, the UN
Convention on the Elimination of All Forms of Racial General Assembly approved a third Optional Protocol
Discrimination by its State parties. on a communications procedure, which will allow
individual children to submit complaints regarding
All States parties are obliged to submit regular reports specific violations of their rights under the Convention
to the Committee on how the rights are being and its first two optional protocols. The Protocol
implemented. States must report initially one year after entered into force in April 2014.
acceding to the Convention and then every two years.
The Committee examines each report and addresses its Distinguish UNCHR from United Nations
concerns and recommendations to the State party in Human Rights
the form of "concluding observations". Committee or United Nations Human Rights Council
The UN Human Rights Committee should not be
The Committee on the Rights of Persons with confused with the more high-profile UN Human Rights
Disabilities (CRPD) is the body of independent Council, or its predecessor, the UN Commission on
experts which monitors implementation of the Human Rights.
Convention by the States Parties. Whereas the Human Rights Council (since June 2006)
All States parties are obliged to submit regular reports and the Commission on Human Rights (before that
to the Committee on how the rights are being date) are UN political bodies, composed of states,
implemented. States must report initially within two established by a UN General Assembly resolution and
years of accepting the Convention and thereafter every The UN Charter, respectively, which discuss the entire
four years. The Committee examines each report and range of human rights concerns, the Human Rights
shall make such suggestions and general Committee is a UN expert body, composed of persons,
recommendations on the report as it may consider established by the ICCPR, which discusses matters
appropriate and shall forward these to the State Party pertaining only to the ICCPR.
concerned.
The Economic and Social Council (ECOSOC) is
The Committee on Enforced Disappearances the central body for coordinating the economic and
(CED) is the body of independent experts Which social work of the United Nations and the UN System
monitors implementation of the Convention by the The Council recommends and directs activities aimed
States Parties Committee on Economic, Social, and at promoting economic growth of developing countries,
Cultural Rights Enforced Disappearance - occurs supporting human rights and fostering world
when a person is secretly abducted or imprisoned by a cooperation to fight poverty and under-development.
state or political organization or by a third party with
the authorization, support, or acquiescence of a state or Sub-Commission of Experts and Rapporteurs
political organization, followed by a refusal to Pursuant to General Assembly resolution 60/251 of 15
acknowledge the person's fate and whereabouts, with March 2006 entitled 'Human Rights Council', all
the intent of placing the victim outside the protection mandates, Mechanisms, functions and responsibilities
of the law of the Commission on Human Rights, including the
Sub- Commission on the Promotion and Protection of
Committee on Economic, Social, and Cultural Human Rights, were assumed, as of 19 June 2006, by
Rights A United Nations body of 18 experts that the Human Rights Council.
usually meets twice per year in Geneva to consider the
five-yearly reports submitted by UN member states on The Sub-Commission on the Promotion and Protection
their compliance with the International Covenant on of Human Rights was replaced by the Advisory
Economic, Social and Cultural Rights (ICESCR). Committee. In its decision 1/102 of 30 June 2006, the
Members are elected for a term of four years by States Human Rights Council decided to extend exceptionally
parties in accordance with ECOSOC Resolution for one year, subject to the review to be undertaken by
1985/17 of 28 May 1985. Members serve in their the Council in conformity with General Assembly
personal capacity and may be re-elected if nominated.
resolution 60/251, the mandates and mandate-holders The Sub-Commission's main functions are to
of the Sub-commission. undertake studies on human rights issues, to make
The Council, in this regard, requested the Sub- recommendations concerning the prevention of
Commission to continue with the implementation of its discrimination of any kind relating to human rights
mandate. The Council also decided that the final and fundamental freedoms and the protection of racial,
session of the Sub- Commission should be convened national, religious and linguistic minorities, and to
'starting 31 July for a period of up to four weeks, if so carry out any other functions which may be entrusted
decided by the Sub- Commission, including its pre- to it. Studies undertaken have addressed various
sessional and in-sessional working groups'. The aspects of the realization of human rights, the
Council further decided that 'the working groups and administration of justice, combating discrimination
the Social Forum of the Sub- Commission shall be and protecting the human rights of minorities,
convened to hold their annual sessions in accordance indigenous peoples and other vulnerable groups. The
with current practices'. Sub-Commission is often described as a 'think tank'.

The schedule of meetings of the Sub-Commission and The Sub-Commission on the Promotion and Protection
its subsidiary bodies as announced on 30 June 2006, of Human Rights was replaced by the Advisory
during the first session of the Human Rights Council, Committee.
was as follows:
The Organization's work in human rights is carried out
● From 31 July to 4 August 2006: Working Group by a number of bodies. When researching human rights
on Indigenous Populations; issues, a distinction must be made between Charter-
● From 3 to 4 August 2006: the Social Forum; based and treaty-based human rights bodies.

The following weeks were dedicated to other working CHARTER BASED MECHANISMS
groups of the Sub-Commission and to its plenary
meetings as follows: Ü Derive their establishment from
Provisions contained in the Charter of the
The Working Group on Contemporary Forms of United Nations
Slavery and the Working Group on Minorities met
alternatively in parallel to the plenary during the first Ü Hold broad human rights mandates
week of the session of the Sub-Commission (7 to 11
August); Ü Address an unlimited audience

At the 2nd meeting of its fifty-eighth session, on 7 Ü Take action based on majority voting
August 2006, the Sub-Commission decided to utilize
all three weeks of meeting time available to it in order The Human Rights Council and its predecessor, the
to be able to carry out its programme of work. See Commission on Human Rights, are called "Charter-
decision 2006/101. based" as they were established by resolutions of
principal organs of the UN whose authority flows from
Background information on the Sub-Commission the UN Charter.
The United Nations Sub-Commission on the
Promotion and Protection of Human Rights, the main The current Charter-based bodies are the Human
subsidiary body of the former Commission on Human Rights Council and its subsidiaries, including the
Rights, was established in 1947 with 12 members. Universal Periodic Review Working Group and the
Originally the 'Sub Commission on Prevention of Advisory Committee. Previously, the Charter-based
Discrimination and Protection of Minorities', it was bodies were the Commission on Human Rights and its
renamed in 1999. subsidiaries, including the Sub- commission on the
Promotion and Protection of Human Rights.
Today, it is comprised of 26 independent experts in the
field of human rights who were elected with due regard The Special Procedures, such as Special Rapporteurs,
to equitable geographical distribution, and who act in have carried on their work since 1947, reporting first to
their personal capacity. In 2006, the membership the Commission, then to the Council.
consists of seven experts from Africa, five from Asia,
five from Latin America, three from Eastern Europe During its 60th session, the General Assembly adopted
and six from Western European and other States. the World Summit Outcome, resolution 60/1 of
September 2005, which called, inter alia, for
strengthening of the UN's human rights mechanisms.
CHARTER-BASED TREATY-BASED
This led to the establishment, later in the session, of
the Human Rights Council.
Human Rights Council Human Rights
TREATY BASED MECHANISMS Committee(CCPR)

Ü Derive their existence from provisions

contained in a specific legal instrument; Universal Periodic Committee on Economic,
Review Social, and Cultural
Ü Hold more narrow mandates: the set of Rights
issues codified in the legal instrument; (CESCR)

Commission on Human Committee on the

Ü Address a limited audience: only those
Rights (replaced by Elimination of Racial
countries
Human Rights Council) Discrimination (CERD)
that have ratified the legal instrument; and
Special Procedure of the Committee on the
Ü Base their decision-making on consensus. Human Rights Council Elimination of
Nine UN human rights conventions have monitoring Discrimination
bodies to oversee the implementation of the treaty
provisions. The treaty bodies are composed of Human Right Council
independent experts and meet to consider State Complain Procedure
parties' reports as well as individual complaints or
communications. They may also publish general
The United Nations Guiding Principles on
comments on human rights topics related to the
Business and Human Rights (UNGPs) is an
treaties they oversee. The treaty-based bodies tend to
instrument consisting of 31 principles implementing
follow similar patterns of documentation.
the United Nations 'Protect, Respect and Remedy'
framework on this issue of human rights and
Following the completion of the reform of the Charter-
transnational corporations and other business
based human rights bodies and the establishment of
enterprises. Developed by the Special Representative of
the Human Rights Council, focus shifted to the reform
the Secretary-General (SRSG) John Ruggie, these
of the treaty- bodies. On 9 April 2014, the General
Guiding Principles provided the first global standard
Assembly adopted a resolution on "Strengthening and
for preventing and addressing the risk of adverse
enhancing the effective functioning of the human rights
impacts on human rights linked to business activity,
treaty body system" (A/RES/68/268).
and continue to provide the internationally accepted
Framework for enhancing standards and practice
The Secretary-General issues a "Compilation of
regarding business and human rights. On June 16,
guidelines on the form and content of reports to be
2011, the United Nations Human Rights Council
submitted by States parties to the international human
unanimously endorsed the Guiding Principles for
Rights treaties" (HRI/GEN/2/Rev.6). This document
Business and Human Rights, making the framework
provides details on the reporting requirements,
the first corporate human rights responsibility
including the core document, and treaty-specific
initiative to be endorsed by the United Nations.
documents.
The UNGPs encompass three pillars outlining how
The Committees may also issue general comments on
states and businesses should implement the
thematic issues. These have been issued in
framework:
"International human rights instruments:
● The state duty to protect human rights
Compilation of General Comments and General
Recommendations adopted by human rights treaty
● The corporate responsibility to respect human
bodies"
rights

● Access to remedy for victims of business-related

abuses
The UNGPs have received wide support from states, president Omar al-Bashir, Kenyan president Uhuru
civil society organizations, and even the private sector, Kenyatta, Libyan leader Muammar Gaddafi, Ivorian
this has further solidified their status as the key global president Laurent Gbagbo, and Congolese vice-
foundation for business and human rights. The UNGP president Jean-Pierre Bemba.
are informally known as the "Ruggie Principles" or
The "Ruggie Framework" due to their authorship by PRESIDENCY
John Ruggie, who conceived them and led the process The Presidency is responsible for the proper
for their consultation and implementation administration of the Court (apart from the Office of
the Prosecutor). It comprises the President and the
The International Criminal Court (ICC or ICCt) First and Second Vice- Presidents—three judges of
is an intergovernmental organization and international the Court who are elected to the Presidency by their
tribunal that sits in The Hague in the Netherlands. The fellow judges for a maximum of two three-year terms.
ICC has the jurisdiction to prosecute individuals for the
international crimes of genocide, crimes against The current president is Chile Eboe-Osuji who was
humanity, and war crimes. elected 11 March 2018, succeeding Silvia Fernández de
Gurmendi (first female president).
The ICC is intended to complement existing national
judicial systems and it may therefore only exercise its JUDICIAL DIVISIONS
jurisdiction when certain conditions are met, such as The Judicial Divisions consist of the 18 judges of the
when national courts are unwilling or unable to Court, organized into three chambers—the Pre-Trial
prosecute criminals or when the United Nations Chamber, Trial Chamber and Appeals Chamber—which
Security Council or individual states refer situations to carry out the judicial functions of the Court. Judges are
the Court. elected to the Court by the Assembly of States Parties.

The ICC began functioning on 1 July 2002, the date They serve nine- year terms and are not generally
that the Rome Statute entered into force. The Rome eligible for re-election. All judges must be nationals of
Statute is a multilateral treaty which serves as the ICC's states parties to the Rome Statute, and no two judges
foundational and governing document. States which may be nationals of the same state. They must be
become party to the Rome Statute, for example by "persons of high moral character, impartiality and
ratifying it, become member states of the ICC. integrity who possess the qualifications required in
their respective States for appointment to the highest
Currently, there are 123 states which are party to the judicial offices".
Rome Statute and therefore members of the ICC.
The Prosecutor or any person being investigated or
The ICC has four principal organs: prosecuted may request the disqualification of a judge
1. the Presidency- most senior judge chosen by from "any case in which his or her impartiality might
his or her peers in the Judicial Division, which reasonably be doubted on any ground". Any request for
hears cases before the Court the disqualification of a judge from a particular case is
2. The Judicial Divisions, - decided by an absolute majority of the other judges. A
3. the Office of the Prosecutor-headed by judge may be removed from office if he or she "is found
4. the Prosecutor who investigates crimes and to have committed serious misconduct or a serious
initiates proceedings before the Judicial breach of his or her duties" or is unable to exercise his
Division. or her functions.
5. The Registry- headed by the Registrar and is
charged with managing all the administrative The removal of a judge requires both a two-thirds
functions of the ICC, including the majority of the other judges and a two-thirds majority
headquarters, detention unit, and public of the state's parties.
defense office.
OFFICE OF THE PROSECUTOR
The Office of the Prosecutor (OTP) is responsible for
conducting investigations and prosecutions. It is
The Office of the Prosecutor has opened ten official headed by the Chief Prosecutor, who is assisted by one
investigations and is also conducting an additional or more Deputy Prosecutors. The Rome Statute
eleven preliminary examinations. Thus far, 39 provides that the Office of the Prosecutor shall act
individuals have been indicted in the ICC, including independently; as such, no member of the Office may
Ugandan rebel leader Joseph Kony, Sudanese seek or act on instructions from any external source,
such as states, international organisations, non- ➢ Executive officials may implement programs to
governmental organisations or individuals. enhance the conditions of the people and
enforce laws for the observance of those
The Prosecutor may open an investigation under three parameters
circumstances:
➢ Supreme Court may issue orders and writs to
1. when a situation is referred to him or her by a protect human rights
state party;
➢ The delicate balance can only be achieved if the
2. when a situation is referred to him or her by the State promotes the respect for human rights,
United Nations Security Council, acting to and members of society acknowledge that the
address a threat to international peace and enjoyment of certain rights is subject to the
security; or State's prudent and reasonable exercise of
Police Power.
3. when the Pre-Trial Chamber authorises him or
her to open an investigation on the basis of 2 .Human Rights and the Rule of Law
information received from other sources, such
as individuals or non-governmental ➢ Rule of Law - " the law is preeminent and can
organisations. serve as a check against abuse of power "

REGISTRY ➢ Rule by Law - the law serves " as a mere tool for
The Registry is responsible for the non-judicial aspects a government that suppresses in a legalistic
of the administration and servicing of the Court. This fashion "
includes, among other things, "the administration of
legal aid matters, court management, victims and ➢ Dexterous juggling of procedural rules may
witnesses matters, defence counsel, detention unit, and sometimes give an illusion of legality to an act,
the traditional services provided by administrations in but could in fact be "suppression in a legalistic
international organisations, such as finance, fashion"—an anathema to the Rule of Law
translation, building management, procurement and which pertains to "rules" as a set of prescribed
personnel". regulations, rather than to "rule" as the
The Registry is headed by the Registrar, who is elected authority for good governance.
by the judges to a five-year term. The current Registrar
is Herman von Hebel, who was elected on 8 March ➢ Rules are not supposed to subvert the law, and
2013. the law must conform to constitutional
______________________________________ limitations.
Domestic State Responsibility
1. State as guarantor of Human Rights ➢ The genuine concept of Rule of Law is and
should be an ideal that promotes and respects
➢ The State must recognize that the people have human rights
rights and freedoms that are inherent and
cannot be taken away. With this recognition is 3. Role of the Judiciary
the State's duty to guarantee the continued
enjoyment by the people of their rights. 4. Violations by "State actors"

➢ As guarantor, the State may be held ➢ States are entities; they do not act on their own,
accountablewhen people are deprived of their but through their agents, or "state actors."
rights by its action or inaction.
➢ A violation of an individual's human rights by a
➢ The State may regulate or limit certain activities state actor is deemed a violation by the State
of its people by virtue of the Police Power: itself.

➢ Congress may pass laws to uphold and promote 5. Violations by private individuals Violations
human rights as well as set parameters within committed by private individuals are treated and
which they can be enjoyed punished under the criminal law system

For that to happen, the act or omission must be

defined and penalized under an existing domestic
law ( nulla poena sine lege). Both instances of derivative responsibility have
the same elements of:
In order that human rights violations committed
by non-State actors can be properly dealt with, it a)That State does so with knowledge of the
is necessary that: circumstances of the internationally wrongful act

A. The State, through its lawmaking body, must b)The act would be internationally wrongful
Enact the appropriate laws to criminalize the if committed by that State
human rights violations; and
8. Prohibition on unreasonable searches and
B. The State, through its judiciary, must provide seizures
adequate judicial remedies
This prohibition is a restraint against the State, and
6.State liability for HR violations committed by not against private individuals.
"non-State actors"
People v. Andre Marti- the accused was convicted for
A. State liability may attach for violations violation of the dangerous drugs law. Upon inspection
committed by non-State actors if the State on him as part of standard operating procedure, he was
failed to pass laws to protect its people from found in possession of marijuana. SC ruled that illegal
these violations, and to provide for adequate articles could be admitted as evidence even if these
judicial remedy. were products of a search conducted without a warrant,
because the person who did the search was a civilian,
B. The State's role as guarantor of human rights not a government agent.
carries with it the obligation to ensure that
State actors and non-State actors do not violate The constitutional proscription could only be
them. invoked against the State to whom it is imposed.

7. Derivative State responsibility for complicity 9.Command Responsibility: Yamashita

Standard
General rules on attributing State Responsibility:
● Liability for human rights violations may be
● Direct responsibility of the State committed incurred by an act or omission.
by State actors
● The failure of a superior officer to stop human
● Responsibility for acts committed by non- rights violations committed by his
State actors when the State failed to pass subordinates, even proof of his direct order is
laws, prevent and punish violations, and to absent, could stillmake him liable as well for
provide adequate legal remedies such acts.

Can a State be held liable for the acts of another In Re: Yamashita
State? Under International Law, a State may be - General Yamashita was charged for violations of the
held liable for a human rights violation even if it laws of war by "unlawfully disregarding and failing to
did not directly commit the act constituting the discharge his duty as a commander to control the acts
violation, provided that it assisted in the commission of of members of his command by permitting them to
the act or allowed it to happen. commit war crimes," from the allegation that the army
under his command massacred a large part of civilian
Articles on State Responsibility -"Derivative population. A Philippine military commission heard
Responsibility" is present where: the case, and was subsequently elevated to the US
Supreme Court which ruled that under International
● The State aids and assists in the commission Law on the law of war, violations of war "have to be
by another of the internationally wrongful avoided through the control of the operations of war by
act (Art. 16 ) commanders who to some extent are responsible for
their subordinates."
● The State exercises direction and control over
the commission of the act (Art. 17)
Elements of command responsibility: (refer to ➢ Voluntary - the competent patient asked to die
EO 226)
a) Existence of a superior-subordinate ➢ Involuntary - the competent patient has not
relationship been consulted to die
b) The superior should have known that the crime
shall be committed, is being committed, or has ➢ Non-voluntary- the patient is incompetent to
been committed make a decision or request to die
c) The superior does not do something to prevent
or correct it either before, during, or ➢ Passive - the patient asked for the withdrawal of
immediately after its commission treatment,
e.g.,
disabling
Civil and Political Rights life-support machines
1. Definition and Nature of Civil and Political
Rights ● Abortion

● Class of rights that protect the individuals' ● Prohibition Against Slavery and Involuntary
freedom from infringement by governments, Servitude
social organizations, and private individuals.
They ensure one's ability to participate in the ➢ The right against slavery is jus cogens . Includes
civil and political life of the society and state all forms of slavery such as human trafficiking.
without discrimination or repression.
● Sources: UDHR Articles 3 to 21 and ICCPR ➢ ICCPR Article 8 - " slavery and the slave trade
shall be prohibited in all their forms "
2. International Convention on Civil and
Political Rights (ICCPR) ➢ "Forced or compulsory labor" shall not include
work or service required:
● 2 additional protocols: -of a prisoner
1)First Optional Protocol - provides for the jurisdiction -of a military nature
of the HR Committee to receive and consider -which forms part of normal civil obligations
communications from individuals who claim to be - necessary during calamities
victims of human rights violations set forth in the
ICCPR. ● Involuntary Servitude-It is the condition where
one is compelled by force, coercion, or
2) Second Optional Protocol - aimed at the abolition of imprisonment, and against his will, to labor for
death penalty. another, whether he is paid or not.

3). Right to Life, Liberty, and Security GR: No involuntary servitude shall exist.
● Death Penalty XPNs:
● Legal and Ethical Considerations on Euthanasia -Punishment for a crime for which the party has been
● Difference between assisted dying and duly convicted
euthanasia -Personal military or civil service in the interest of
national defense
○ Assisted-suicide-It is the patient himself -In naval enlistment, a person who enlists in a
who takes his life. The doctor merely merchant ship may be compelled to remain in service
provides the instructions and the means until the end of a voyage
to commit suicide.Requires both the - Posse comitatusor the conscription of able- bodied
patient's request and action to die. men for the apprehension of criminals
- Return-to-work order issued by the DOLE Secretary
● Euthanasia or the President
The patient's life is taken by another person, - Minors under patria potestas are obliged to
generally a doctor. obey their parents

➢ May take place with or without the patient's ● Torture,Cruel,Inhuman or Degrading

knowledge or involvement. Punishment and Treatment
 ➢ Torture - any act by which severe pain or regained. Upon motion, the accused may be
suffering, whether physical or mental, is allowed to defend himself in person when it
intentionally inflicted on a person for such sufficiently appears to the court that he can
purposes as obtaining from him or a third properly protect his rights without the
person information or a confession, punishing assistance of counsel.
him for an act he or a third person has
committed or Is suspected of having D. To testify as a witness in his own behalf but
committed, or intimidating or coercing him or a subject
third person, or for any reason based on E. To cross-examination on matters covered by
discrimination of any kind, when such pain or direct examination. His silence shall not in any
suffering is inflicted by or at the instigation of manner prejudice him.
or with the consent or acquiescence of a public
official or other person acting in an official F. To be exempt from being compelled to be a
capacity. witness against himself.

➢ The use of torture can never be justified. G. To confront and cross-examine the witnesses
against him at the trial. Either party may utilize
➢ Cruel,inhuman,and degrading (CID) as part of its evidence the testimony of a witness
punishment or treatment usually do not involve who is deceased, out of or cannot with due
the infliction of physical injuries, but still cause diligence be found in the Philippines,
the victim to undergo physical or mental unavailable, or otherwise unable to testify,
suffering. given in another case or proceeding, judicial or
administrative, involving the same parties and
➢ Torture is regarded as a jus cogens crime. States subject matter, the adverse party having the
may proceed against another State who opportunity to cross-examine him.
commits torture, by Invoking universal
jurisdiction. H. To have compulsory process issued to secure
the attendance of witnesses and production of
➢ It is non-derogable and the principles of other evidence in his behalf.
extraterritoriality and universal jurisdiction
may apply. I. To have speedy, impartial and public trial.
● To appeal in all cases allowed an in the manner
➢ Arbitrary Arrest and Detention prescribed by law.

4.Rights of the Accused [at trial] ( Rule 115, CrimPro) [IV. ROLE OF JUDICIARY IN THE
A. To be presumed innocent until the contrary is PROMOTION OF HUMAN RIGHTS]
proved beyond reasonable doubt I. WRIT OF AMPARO
SEC. 1. Petition. - The petition for a writ of amparo is
B. To be informed of the nature and cause of the A remedy available to any person whose right to life,
accusation against him liberty and security is violated or threatened with
violation by an unlawful act or omission of a public
C. To be present and defend in person and by official or employee, or of a private individual or entity.
counsel at every stage of the proceedings, from The writ shall cover extralegal killings and enforced
arraignment to promulgation of the judgment. disappearances or threats thereof.

The accused may, however, waive his presence SEC. 2. Who May File. - The petition may be filed by
at the trial pursuant to the stipulations set forth the aggrieved party or by any qualified person or entity
in his bail, unless his presence is specifically in the following order:
Ordered by the court For purposes of ➔ Any member of the immediate family , namely:
identification. The absence of the accused the spouse, children and parents of the
without justifiable cause at the trial of which he aggrieved party;
had notice shall be considered a waiver of his ➔ Any ascendant, descendant or collateral relative
right to be present thereat. When an accused of the aggrieved party within the fourth civil
under custody escapes, he shall be deemed to degree of consanguinity or affinity, in default of
have waived his right to be present on all those mentioned in the preceding paragraph; or
subsequent trial dates until custody over him is
 ➔ Any concerned citizen, organization, association how such threat or violation is committed with
or the attendant circumstances detailed in
➔ Institution , if there is no known member of the supporting affidavits;
immediate family or relative of the aggrieved 3. The investigation conducted , if any, specifying
party. the names, personal circumstances, and
➔ The filing of a petition by the aggrieved party addresses of the investigating authority or
suspends the right of all other authorized individuals, as well as the manner and conduct
parties to file similar petitions. Likewise, the of the investigation, together with any report;
filing of the petition by an authorized party on 4. The actions and recourses taken by the
behalf of the aggrieved party suspends the right petitioner to determine the fate or whereabouts
of all others, observing the order established of the aggrieved party and the identity of the
herein. person responsible for the threat, act or
omission; and
SEC. 3. Where to File. 5. The relief prayed for
- The petition may be filed on any day and at any time 6. The petition may include a general prayer for
with the Regional Trial Court of the place where the other just and equitable reliefs
threat, act or omission was committed or any of its
elements occurred , or with the Sandiganbayan , the SEC. 6. Issuance of the Writ.
Court of Appeals , the Supreme Court , or any justice of - Upon the filing of the petition, the court, justice or
such courts. The writ shall be enforceable anywhere in judge shall immediately order the issuance of the writ
the Philippines. When issued by a Regional Trial Court If on its face it ought to issue . The clerk of court shall
or any judge thereof, the writ shall be returnable before issue the writ under the seal of the court; or in case of
such court or judge. When issued by the urgent necessity, the justice or the judge may issue the
Sandiganbayan or the Court of Appeals or any of their writ under his or her own hand, and may deputize any
justices, it may be returnable before such court or any officer or person to serve it.
justice thereof, or to any Regional Trial Court of the The writ shall also set the date and time for summary
place where the threat, act or omission was committed hearing of the petition which shall not be later than
or any of its elements occurred. seven (7) days from the date of its issuance.

When issued by the Supreme Court or any of its SEC. 7. Penalty for Refusing to Issue or Serve the Writ.
justices, it may be returnable before such Court or any - A clerk of court who refuses to issue the writ after its
justice thereof, or before the Sandiganbayan or the allowance, or a deputized person who refuses to serve
Court of Appeals or any of their justices, or to any the same, shall be punished by the court, justice or
Regional Trial Court of the place where the threat, act judge for contempt without prejudice to other
or omission was committed or any of its elements disciplinary actions.
occurred.
SEC. 8. How the Writ is Served.
SEC. 4. No Docket Fees. - The writ shall be served upon the respondent by a
- The petitioner shall be exempted from the payment of judicial officer or by a person deputized by the court,
the docket and other lawful fees when filing the justice or judge who shall retain a copy on which to
petition. The court, justice or judge shall docket the make a return of service.. In case the writ cannot be
petition and act upon it immediately. served personally on the respondent, the rules on
substituted service shall apply.
SEC. 5. Contents of Petition
- The petition shall be signed and verified and shall SEC. 9. Return; Contents.
allege the following: - Within seventy-two (72) hours after service of the writ
- The personal circumstances of the petitioner ; , the respondent shall file a verified written return
1. The name and personal circumstances of the together with supporting affidavits which shall, among
respondent responsible for the threat, act or other things, contain the following:
omission, or, if the name is unknown or - The lawful defenses to show that the respondent did
uncertain, the respondent may be described by not violate or threaten with violation the right to life,
an assumed appellation; liberty and security of the aggrieved party, through any
2. The right to life, liberty and security of the act or omission;
aggrieved party violated or threatened with - The steps or actions taken by the respondent to
violation by an unlawful act or omission of the determine the fate or whereabouts of the aggrieved
respondent, and
party and the person or persons responsible for the SEC. 12. Effect of Failure to File Return.
threat, act or omission; — In case the respondent fails to file a return, the court,
- All relevant information in the possession of the justice or judge shall proceed to hear the petition ex
Respondent pertaining to the threat, act or omission parte.
against the aggrieved party; and
- If the respondent is a public official or employee , the SEC. 13. Summary Hearing.
return shall further state the actions that have been or — The hearing on the petition shall be summary.
will still be taken: However, the court, justice or judge may call for a
● to verify the identity of the aggrieved party; preliminary conference to simplify the issues and
● to recover and preserve evidence related to the determine the possibility of obtaining stipulations and
death or disappearance of the person identified admissions from the parties. The hearing shall be from
in the petition which may aid in the prosecution day to day until completed and given the same priority
of the person or persons responsible; as petitions for habeas corpus.
● to identify witnesses and obtain statements
from them concerning the death or SEC. 14. Interim Reliefs.
disappearance; — Upon filing of the petition or at anytime before final
● to determine the cause, manner, location and judgment, the court, justice or judge may grant any of
time of death or disappearance as well as any the following reliefs:
pattern or practice that may have brought about (a) Temporary Protection Order. - The court, justice or
the death or disappearance; judge, upon MOTION or MOTU PROPRIO may order
● to identify and apprehend the person or that the petitioner or the aggrieved party and any
persons involved in the death or disappearance; member of the immediate family be protected in a
and government agency or by an accredited person or
● to bring the suspected offenders before a private institution capable of keeping and securing
competent court. their safety.
● The return shall also state other matters If the petitioner is an organization, association or
relevant to the investigation, its resolution and institution referred to in Section 3(c) of this Rule, the
the prosecution of the case. protection may be extended to the officers involved.
A general denial of the allegations in the petition shall The Supreme Court shall accredit the persons and
not be allowed. private institutions that shall extend temporary
protection to the petitioner or the aggrieved party and
SEC. 10. Defenses not Pleaded Deemed Waived. any member of the immediate family, in accordance
— All defenses shall be raised in the return, otherwise, with guidelines which it shall issue.
they shall be deemed waived. The accredited persons and private institutions shall
comply with the rules and conditions that may be
SEC. 11. Prohibited Pleadings and Motions. - The imposed by the court, justice or judge.
following pleadings and motions are prohibited:
(b) Inspection Order.— The court, justice or judge,
1. Motion to dismiss; upon verified motion and after due hearing , may order
2. Motion for extension of time to file return, Any person in possession or control of a designated
opposition, land or other property, to permit entry for the purpose
3. affidavit, position paper and other pleadings; of inspecting, measuring,surveying, or photographing
4. Dilatory motion for postponement; the property or any relevant object or operation
5. Motion for a bill of particulars; thereon.
6. Counterclaim or cross-claim; The motion shall state in detail the place or places to be
7. Third-party complaint; Inspected . It shall be supported by affidavits or
8. Reply; testimonies of witnesses having personal knowledge of
9. Motion to declare respondent in default; the enforced disappearance or whereabouts of the
10. Intervention; aggrieved party.
11. Memorandum; If the motion is opposed on the ground of national
12. Motion for reconsideration of interlocutory security or of the privileged nature of the information
orders or interim relief orders; and , the court, justice or judge may conduct a hearing in
13. Petition for certiorari, mandamus or chambers to determine the merit of the opposition.
prohibition against The movant must show that the inspection order is
14. any interlocutory order. necessary to establish the right of the aggrieved party
alleged to be threatened or violated.
The inspection order shall specify the person or person The respondent who is a private individual or entity
authorized to make the inspection and the date, time, must prove that ordinary diligence as required by
place and manner of making the inspection and may applicable laws, rules and regulations was observed in
prescribe other conditions to protect the constitutional The performance of duty. The respondent who is a
rights of all parties. The order shall expire five (5) days public official or employee must prove that
after the date of its issuance, unless extended for extraordinary diligence as required by applicable laws,
justifiable reasons. rules and regulations was observed in theperformance
of duty.
(c) Production Order. - The court, justice or judge, The respondent public official or employee cannot
upon verified motion and after due hearing , may order invoke the presumption that official duty has been
Any person in possession, custody or control of any regularly performed to evade responsibility or liability.
designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in SEC. 18. Judgment.
digitized or electronic form, which constitute or — The court shall render judgmentwithin ten (10) days
contain evidence relevant to the petition or the return, from the time the petition is submitted for decision. If
to produce and permit their inspection, copying or the allegations in the petition are proven by substantial
photographing by or on behalf of the movant. The evidence, the court shall grant the privilege of the writ
motion may be opposed on the ground of national and such reliefs as may be proper and appropriate;
security or of the privileged nature of the information otherwise, the privilege shall be denied.
, in which case the court, justice or judge may conduct a
hearingin chambers to determine the merit of the SEC. 19. Appeal
opposition. The court, justice or judge shall prescribe - Any party may appeal from the final judgment or
other conditions to protect the constitutional rights of order to the Supreme Court under Rule 45. The appeal
all the parties. may raise questions of fact or law or both. The period
of appeal shall be five (5) working days from the date of
(d) Witness Protection Order. - The court, justice or notice of the adverse judgment. The appeal shall be
judge, upon MOTION or MOTU PROPRIO , may refer given the same priority as in habeas corpus cases.
the witnesses to the Department of Justice for
admission to the Witness Protection , Security and SEC. 20. Archiving and Revival of Cases.
Benefit Program , pursuant to Republic Act No. 6981. - The court shall not dismiss the petition , but shall
The court, justice or judge may also refer the witnesses archive it , if upon its determination it cannot proceed
to other government agencies , or to accredited persons for a valid cause such as the failure of petitioner or
or private institutions capable of keeping and securing witnesses to appear due to threats on their lives.
their safety. A periodic review of the archived cases shall be made
by the amparo court that shall, motu proprio or upon
SEC. 15. Availability of Interim Reliefs to Respondent- Motion by any party, order their revival when ready for
Upon verified motion of the respondent and after due further proceedings.
Hearing , the court, justice or judge may issue an The petition shall be dismissed with prejudice upon
inspection order or production order under paragraphs failure to prosecute the case after the lapse of two (2)
(b) and (c) of the preceding section. years from notice to the petitioner of the order
A motion for inspection order under this section shall archiving the case.
be supported by affidavits or testimonies of witnesses The clerks of court shall submit to the Office of the
having personal knowledge of the defenses of the Court Administrator a consolidated list of archived
respondent. cases under this Rule not later than the first week of
January of every year.
SEC. 16. Contempt. - The court, justice or judge may
order the respondent who refuses to make a return, or SEC. 21. Institution of Separate Actions.
who makes a false return , or any person who otherwise — This Rule shall not preclude the filing of separate
disobeys or resists a lawful process or order of the court criminal, civil or administrative actions.
to be punished for contempt. The contemnor may
beimprisoned or imposed a fine. SEC. 22. Effect of Filing of a Criminal Action.
- When a criminal action has been commenced ,no
SEC. 17. Burden of Proof and Standard of Diligence separate petition for the writ shall be filed . The reliefs
Required. - The parties shall establish their claims by under the writ shall be available by motion in the
substantial evidence. criminal case.
The procedure under this Rule shall govern the determined by a court of justice, and to have
disposition of the reliefs available under the writ of ascertained if he is held under lawful authority.
amparo.
Petition for the issuance of a writ of habeas
SEC. 23. Consolidation corpus a special proceeding:
- When a criminal action is filed subsequent to the -a petition for the issuance of a writ of habeas
filing of a petition for the writ, the latter shall be corpus is a special proceeding governed by Rule
consolidated with the criminal action. When a criminal 102 of the Rules of Court, as amended. Habeas
action and a separate civil action are filed subsequent corpus is that of a civil Proceeding in
to a petition for a writ of amparo, the latter shall be character. It seeks the enforcement of civil
consolidated with the criminal action. After rights.
consolidation, the procedure under this Rule shall
continue to apply to the disposition of the reliefs in the -Resorting to the writ is not to inquire into the
petition. criminal act of which the complaint is made but
into the right of liberty , notwithstanding the
SEC.24. Substantive Rights. act and the immediate purpose to be served is
—This Rule Shall Not diminish, increase or modify relief from illegal restraint. The rule applies
substantive rights recognized and protected by the even when instituted to arrest a criminal
Constitution. prosecution and secure freedom.

SEC. 25. Suppletory Application of the Rules of Court. - When a prisoner petitions for a writ of habeas
- The Rules of Court shall apply suppletorily insofar as corpus, he thereby commences a suit and
it is not inconsistent with this Rule. prosecutes a case in that court .

SEC. 26. Applicability to Pending Cases. Nature of the writ; what it is and what it is not
- This Rule shall govern cases involving EXTRALEGAL As a special proceeding under Rule 102 of the
KILLINGS and ENFORCED DISAPPEARANCES or Rules of Court, habeas corpus has the following
THREATS thereof pending in the trial and appellate Characteristics:
courts.
➢ Habeas corpus is not in the nature of a writ of
SEC. 27. Effectivity. error; nor intended as substitute for the trial
- This Rule shall take effect on October 24, 2007, court's function;
following its publication in three (3) newspapers of ➢ It cannot take the place of appeal, certiorari or
general circulation. writ of error;
➢ The writ cannot be used to investigate and
consider questions of error that might be raised
II. WRIT OF HABEAS CORPUS relating to procedure or on the merits;
● it is an order issued by a court of law to a prison ➢ The inquiry in a habeas corpus proceeding is
warden or law enforcement agency holding an addressed to the question of whether the
individual in custody to deliver that prisoner to proceedings and the assailed order are, for any
the court so a judge can decide whether or not reason, null and void.
that prisoner had been lawfully imprisoned or ➢ The writ is not ordinarily granted where the law
not, whether or not he should be released from provides for other remedies in the regular
custody. course, and in the absence of exceptional
● "to produce the body" circumstances;
● given priority by the Supreme Court ➢ Habeas corpus should not be granted in
● so broad that its lapses are being filled in by the advance of trial;
➢ The orderly course of trial must be pursued and
WRIT OF AMPARO the usual remedies exhausted before resorting
● The writ of habeas corpus was devised and to the writ where exceptional circumstances are
exists as a speedy and effectual remedy to relive extant;
persons from unlawful restraint, and as the best ➢ Habeas corpus cannot be issued as a writ of
and only sufficient defense of personal freedom. error or as a means of reviewing errors of law
● It secures to a prisoner the right to have the and irregularities not involving the questions of
cause of his detention examined and jurisdiction occurring during the course of the
trial, subject to the caveat that constitutional
 safeguards of human life and liberty must be of any person is withheld from the person entitled
preserved, and not destroyed; thereto.
➢ Where restraint is under legal process, mere Sec. 2. Who may grant the writ. - The writ of habeas
errors and irregularities, which do not render corpus may be granted by the Supreme Court , or any
the proceedings void, are not grounds for relief member thereof , on any day and at any time , or by the
by habeas corpus because in such cases, the Court of Appeals or any member thereof in the
restraint is not illegal; instances authorized by law, and if so granted it shall
➢ Habeas corpus is a summary remedy; be enforceable anywhere in the Philippines, and may
➢ It is analogous to a proceeding in rem when be made returnable before the court or any member
instituted thereof, or before the Court of First Instance, or any
➢ For the sole purpose of having the person of judge thereof for the hearing and decision on the
restraint merits.
➢ presented before the judge in order that the It may also be granted by a Court of First Instance , or a
cause of his detention may be inquired into and judge thereof, on any day and at any time, and
his statements final; returnable before himself, enforceable only within his
➢ The writ of habeas corpus does not act upon the judicial district.
prisoner who seeks relief, but upon the person Sec. 3. Requisites of application therefor . - Application
who holds him in what is alleged to be the for the writ shall be by petition signed and verified
unlawful authority ; either by the party for whose relief it is intended , or by
➢ In habeas corpus proceedings, the only parties some person on his behalf , and shall set forth:
before the court are the petitioner (prisoner)
and the person holding the petitioner in (a) That the person in whose behalf the application is
custody; made is imprisoned or restrained of his liberty;
➢ The only question to be resolved in a habeas (b) The officer or name of the person by whom he is so
corpus petition is whether the custodian has imprisoned or restrained; or, if both are unknown or
authority to deprive the petitioner of his uncertain, such officer or person may be described by
liberty ; and an assumed appellation , and the person who is served
➢ The writ may be denied if the petitioner fails to with the writ shall be deemed the person intended;
show facts that he is entitled thereto (c) The place where he is so imprisoned or restrained ,
if known;
Application of writ (d) A copy of the commitment or cause of detention of
- The writ of habeas corpus applies to all cases of illegal such person , if it can be procured without impairing
confinement or detention in which individuals are the efficiency of the remedy; or, if the imprisonment or
deprived of liberty. restraint is without any legal authority, such fact shall
- It was devised as a speedy and effectual remedy to appear.
relieve persons from unlawful restraint or, more
specifically, to obtain immediate relief for those who Sec. 4. When writ not allowed or discharge authorized.
may have been illegally confined or imprisoned without - If it appears that the person alleged to be restrained
sufficient cause and thus deliver them from unlawful of his liberty is in the custody of an officer under
custody. process issued by a court or judge or by virtue of a
- It is therefore a writ of inquiry intended to test the judgment or order of a court of record, and that the
circumstances under which a person is detained. Writ court or judge had jurisdiction to issue the process,
generally cannot be suspended; exceptions render the judgment, or make the order , the writ shall
not be allowed; or if the jurisdiction appears after the
GR: The privilege of the writ of habeas corpus cannot writ is allowed , the person shall not be discharged by
be suspended reason of any informality or defect in the process,
XPNs: judgment, or order. Nor shall anything in this rule be
1) invasion, when the public safety requires it; or held to authorize the discharge of a person charged
2) rebellion, when the public safety requires it ( 15, with or convicted of an offense in the Philippines, or of
Art. III, 1987 Consti.). a person suffering imprisonment under lawful
Sec. 1. To what habeas corpus extends. judgment.
- Except as otherwise expressly provided by law, the
writ of habeas corpus shall extend to all cases of illegal Sec. 5. When the writ must be granted and issued.
confinement or detention by which any person is - A court or judge authorized to grant the writ must,
deprived of his liberty , or by which the rightful custody when a petition therefor is presented and it appears
that the writ ought to issue, grant the same forthwith,
And immediately thereupon the clerk of the court shall Sec. 10. Contents of return. - When the person to be
issue the writ under the seal of the court; or in case of produced is imprisoned or restrained by an officer, the
emergency, the judge may issue the writ under his own person who makes the return shall state therein, and in
hand, and may depute any officer or person to serve it. other cases the person in whose custody the prisoner is
found shall state, in writing to the court or judge before
Sec. 6. To whom writ directed, and what to require. - In whom the writ is returnable, plainly and
case of imprisonment or restraint by an officer, the writ unequivocably:
shall be directed to him, and shall command him to
have the body of the person restrained of his liberty (a) Whether he has or has not the party in his
before the court or judge designated in the writ at the custody or power, or under restraint;
time and place therein specified. In case of (b) If he has the party in his custody or power,
imprisonment or restraint by a person not an officer, or under restraint, the authority and the true
the writ shall be directed to an officer, and shall and whole cause thereof, set forth at large, with
command him to take and have the body of the person a copy of the writ, order, execution, or other
restrained of his liberty before the court or judge process, if any, upon which the party is held;
designated in the writ at the time and place therein (c) If the party is in his custody or power or is
specified, and to summon the person by whom he is restrained by him, and is not produced,
restrained then and there to appear before said court or particularly the nature and gravity of the
judge to show the cause of the imprisonment or sickness or infirmity of such party by reason
restraint. of which he cannot, without danger, be brought
before the court or judge;
Sec. 7. How prisoner designated and writ served. (d) If he has had the party in his custody or
- The person to be produced should be designated power, or under restraint, and has transferred
in the writ by his name , if known, but if his name is not such custody or restraint to another,
known he may be otherwise described or identified. particularly to whom, at what time, for what
The writ may be served in any province by the sheriff cause, and by what authority such transfer was
or other proper officer, or by a person deputed by the made.
court or judge . Service of the writ shall be made by
leaving the original with the person to whom it is Sec. 11. Return to be signed and sworn to . - The return
directed and preserving a copy on which to make or statement shall besigned by the person who makes it
return of service . If that person cannot be found, or ; and shall also be sworn to by him if the prisoner is not
has not the prisoner in his custody, then the service produced, and in all other cases unless the return is
shall be made on any other person having or exercising made and signed by a sworn public officer in his official
such custody. capacity.

Sec. 8. How writ executed and returned. Sec. 12. Hearing on return; Adjournments . - When the
- The officer to whom the writ is directed shall convey writ is returned before one judge, at a time when the
the person so imprisoned or restrained, and named in court is in session, he may forthwith adjourn the case
the writ, before the judge allowing the writ, or, in case into the court, there to be heard and determined. The
of his absence or disability, before some other judge of court or judge before whom the writ is returned or
the same court, on the day specified in the writ, unless, adjourned must immediately proceed to hear and
from sickness or infirmityof the person directed to be examine the return , and such other matters as are
produced, such person cannot, without danger, be properly submitted for consideration, unless for good
brought before the court or judge; and the officer shall cause shown the hearing is adjourned, in which event
make due return of the writ , together with the day and the court or judge shall make such order for the
the cause of the caption and restraint of such person safekeeping of the person imprisoned or restrained as
according to the command thereof. the nature of the case requires. If the person
imprisoned or restrained is not produced because of
Sec. 9. Defect of form . his alleged sickness or infirmity, the court or judge
- No writ of habeas corpus can be disobeyed for defect must be satisfied that it is so grave that such person
of form , if it sufficiently appears therefrom in whose cannot be produced without danger, before proceeding
custody or under whose restraint the party imprisoned to hear and dispose of the matter.
or restrained is held and the court or judge before
whom he is to be brought. On the hearing the court or judge shall disregard
matters of form and technicalities in respect to any
warrantor order of commitment of a court or officer therefor, a true copy of the warrant or order of
authorized to commit by law. commitment, shall forfeit to the party aggrieved the
sum of one thousand pesos, to be recovered in a proper
Sec. 13. When the return evidence, and when only a action, and may also be punished by the court or judge
plea.- If it appears that the prisoner is in custody under as for contempt.
a warrant of commitment in pursuance of law, the
return shall be considered prima facie evidence Sec. 17. Person discharged not to be again imprisoned.
of the cause of restraint; but if he is restrained of his - A person who is set at liberty upon a writ of habeas
liberty by any alleged private authority, the return shall corpus shall not be again imprisoned for the same
be considered only as a plea of the facts therein set offense unless by the lawful order or process of a court
forth, and the party claiming the custody must prove having jurisdiction of the cause or offense; and a
such facts. person who knowingly, contrary to the provisions of
this rule, recommits or imprisons, or causes to be
Sec. 14. When person lawfully imprisoned committed or imprisoned, for the same offense or
recommitted, and when let to bail. - If it appears that pretended offense, any person so set at liberty, or
the prisoner was lawfully committed, and is plainly and knowingly aids or assists therein, shall forfeit to the
specifically charged in the warrant of commitment with party aggrieved the sum of one thousand pesos, to be
an offense punishable by death, he shall not be recovered in a proper action, notwithstanding any
released, discharged, or bailed. If he is lawfully colorable pretense or variation in the warrant of
imprisoned or restrained on a charge of having commitment, and may also be punished by the court or
committed an offense not so punishable, he may be judge granting writ as for contempt.
recommitted to imprisonment or admitted to bail in
the discretion of the court or judge. If he be admitted to Sec. 18. When prisoner may be removed from one
bail, he shall forthwith file a bond in such sum as the custody to another. - A person committed to prison, or
court or judge deems reasonable, considering the in custody of an officer, for any criminal matter, shall
circumstances of the prisoner and the nature of the not be removed therefrom into the custody of another
offense charged, conditioned for his appearance before officer unless by legal process, or the prisoner be
the court where the offense is properly cognizable to delivered to an inferior officer to carry to jail, or, by
abide its order or judgment; and the court or judge order of the proper court or judge, be removed from
shall certify the proceedings, together with the bond, one place to another within the Philippines for trial, or
forthwith to the proper court. If such bond is not so in case of fire, epidemic, insurrection, or other
filed, the prisoner shall be recommitted to necessity or public calamity; and a person who, after
confinement. such commitment, makes, signs, or countersigns any
order for such removal contrary to this section, shall
Sec. 15. When prisoner discharged if no appeal. forfeit to the party aggrieved the sum of one thousand
- When the court or judge has examined into the cause pesos, to be recovered in a proper action.
of caption and restraint of the prisoner, and is satisfied
that he is unlawfully imprisoned or restrained, he shall Sec. 19. Record of writ, fees and costs. - The
forthwith order his discharge from confinement, but proceedings upon a writ of habeas corpus shall be
such discharge shall not be effective until a copy of the recorded by the clerk of the court, and upon the final
order has been served on the officer or person disposition of such proceedings the court or judge shall
detaining the prisoner. If the officer or person make such order as to costs as the case requires. The
detaining the prisoner does not desire to appeal, the fees of officers and witnesses shall be included in the
prisoner shall be forthwith released. chan robles virtual costs taxed, but no officer or person shall have the right
law library to demand payment in advance of any fees to which he
is entitled by virtue of the proceedings.
Sec. 16. Penalty for refusing to issue writ, or for
disobeying the same . - A clerk of a court who refuses to When a person confined under color of proceedings in
issue the writ after allowance thereof and demand a criminal case is discharged, the costs shall be taxed
therefor, or a person to whom a writ is directed, who against the Republic of the Philippines, and paid out of
neglects or refuses to obey or make return of the same its Treasury; when a person in custody by virtue or
according to the command thereof, or makes false under color of proceedings in a civil case is discharged,
return thereof, or who, upon demand made by or on the costs shall be taxed against him, or against the
behalf of the prisoner, refuses to deliver to the person person who signed the application for the writ, or both,
demanding, within six (6) hours after the demand as the court shall direct.
III. WRIT OF HABEAS DATA Sec. 6. Petition.
Sec. 1. Habeas Data. - A verified written petition for a writ of habeas data
- The writ of habeas data is a remedy available to any should contain:
person whose right to privacy in life, liberty or security (a) The personal circumstances of the petitioner and
is violated or threatened by an unlawful act or omission the respondent;
of a public official or employee, or of a private (b) The manner the right to privacy is violated or
individual or entity engaged in the gathering, collecting Threatened and how it affects the right to life, liberty or
or storing of data or information regarding the person, security of the aggrieved party;
family, home and correspondence of the aggrieved (c) The actions and recourses taken by the petitioner
party. To secure the data or information;
(d) The location of the files, registers or databases, the
Sec. 2. Who May File. - Any aggrieved party may file a government office, and the person in charge, in
petition for the writ of habeas data. However, in cases possession or in control of the data or information, if
of EXTRALEGAL KILLINGS and ENFORCED known;
DISAPPEARANCES , the petition may be filed by: (e) The reliefs prayed for , which may include the
(a) Any member of the immediate family of the updating, rectification, suppression or destruction of
aggrieved party, namely: the spouse, children and the database or information or files kept by the
parents; or respondent. In case of threats, the relief may include a
(b) Any ascendant, descendant or collateral relative of prayer for an order enjoining the act complained of;
the aggrieved party within the fourth civil degree of and
consanguinity or affinity , in default of those (f) Such other relevant reliefs as are just and equitable.
mentioned in the preceding paragraph; or
Sec. 7. Issuance of the Writ. - Upon the filing of the
Sec. 3. Where to File.- The petition may be filed with petition, the court, justice or judge shall immediately
the Regional Trial Court where the petitioner or order the issuance of the writ if on its face it ought to
respondent resides, or that which has jurisdiction over issue. The clerk of court shall issue the writ under the
the place where the data or information is gathered, seal of the court and cause it to be served within three
collected or stored, at the option of the petitioner. The (3) days from the issuance; or, in case of urgent
petition may also be filed with the Supreme Court or necessity, the justice or judge may issue the writ under
The Court of Appeals or the Sandiganbayan his or her own hand, and may deputize any officer or
when the action concerns public data files of person serve it. The writ shall also set the date and time
government offices. for summary hearing of the petition which shall not be
later than ten (10) work days from the date of its
Sec. 4. Where Returnable; Enforceable. - When the writ issuance.
is issued by a Regional Trial Court or any judge thereof,
it shall be returnable before such court or judge. Sec. 8. Penalty for Refusing to Issue or Serve the Writ. -
When issued by the Court of Appeals or the A clerk of court who refuses to issue the writ after its
Sandiganbayan or any of its justices, it may be allowance, or a deputized person who refuses to serve
returnable before such court or any justice the same, shall be punished by the court, justice or
thereof, or to any Regional Trial Court judge for contempt without prejudice to other
of the place where the petitioner or respondent resides, disciplinary actions.
or that which has jurisdiction over the place where the
data or information is gathered, collected or stored. Sec. 9. How the Writ is Served. - The writ shall be
When issued by the Supreme Court or any of its served upon the respondent by a judicial officer or by a
justices, it may be returnable before such Court or any person deputized by the court, justice or judge who
justice thereof, or before the Court of Appeals or the shall retain a copy on which to make a return of
Sandiganbayan or any service.In case the writ cannot be served personally on
the respondent, the rules on substituted service shall
Sec. 5. Docket Fees.-No docket and other lawful fees apply.
shall be required from an indigent petitioner. The
petition of the indigent shall be docked and acted upon Sec. 10. Return; Contents. - The respondent shall file a
immediately, without prejudice to subsequent verified written return together with supporting
submission of proof of indigency not later than fifteen affidavits within five (5) working days from service of
(15) days from the filing of the petition. the writ, which period may be reasonably extended by
the Court for justifiable reasons. The return shall,
among other things,contain the following:
(a) The lawful defenses such as national security, state relief as the petition may warrant unless the court in its
secrets, privileged communications, confidentiality of discretion requires the petitioner to Submit evidence.
the source of information of media and others;
(b) In case of respondent in charge, in possession or in Sec. 15. Summary Hearing. - The hearing on the
control of the data or information subject of the petition shall be summary. However, the court, justice
petition; or judge may call for a preliminary conference to
(i) a disclosure of the data or information about simplify the issues and determine the possibility of
thePetitioner , the nature of such data or obtaining stipulations and admissions from the parties.
information,and the purpose for its collection;
(ii) the steps or actions taken by the respondent Sec. 16. Judgment.- The court shall render judgment
To ensure the security and confidentiality of the within ten (10) days from the time the petition is
data or information; and submitted for decision. If the allegations in the petition
(iii) the currency and accuracy of the data or are proven by substantial evidence, the court shall
information held; enjoin the act complained of, or order the deletion,
(c)Other allegations relevant to the resolution of the destruction, or rectification of the erroneous data or
Proceeding .A general denial of the allegations in the information and grant other relevant reliefs as may be
petition shall not be allowed. just and equitable; otherwise, the privilege of the writ
shall be denied. Upon its finality, the judgment shall be
Sec. 11. Contempt. -The court, justice or judge may enforced by the sheriff or any lawful officers as may be
punish with imprisonment or fine a respondent who designated by the court, justice or judge within five (5)
commits contempt by making a false return or refusing working days.
to make a return ; or any person who otherwise
disobeys or resist a lawful process or order of the court. Sec. 17. Return of Service. - The officer who executed
the final judgment shall, within three (3) days from its
Sec. 12. When Defenses May be Heard in Chambers. - A enforcement, make a verified return to the court . The
hearing in chambers may be conducted where the return shall contain a full statement of the proceedings
respondent invokes the defense that the release of the under the writ and a complete inventory of the
data or information in question shall compromise database or information, or documents and articles
national security or state secrets , or when the data or inspected, updated, rectified, or deleted, with copies
information cannot be divulged to the public due to its served on the petitioner and the respondent. The
nature or privileged character. officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well
Sec. 13. Prohibited Pleadings and Motions. - The as all objections of the parties regarding the manner
following pleadings and motions are prohibited: and regularity of the service of the writ.

● Motion to dismiss; Sec. 18. Hearing on Officer-s Return. - The court shall
● Motion for extension of time to file return, set thereturn for hearing with due notice to the parties
opposition, and act accordingly.
● affidavit, position paper and other pleadings;
● Dilatory motion for postponement; Sec. 19. Appeal. - Any party may appeal from the final
● Motion for a bill of particulars; judgment or order to the Supreme Court under Rule
● Counterclaim or cross-claim; 45. The appeal may raise questions of fact or law or
● Third-party complaint; both.
● Reply;
● Motion to declare respondent in default; The period of appeal shall be five (5) working days
● Intervention; from the date of notice of the judgment or final order.
● Memorandum; The appeal shall be given the same priority as in habeas
● Motion for reconsideration of interlocutory corpus and amparo cases.
orders or interim relief orders; and
● Petition for certiorari, mandamus or Sec. 20. Institution of Separate Actions. - The filing of a
prohibition against any interlocutory order. petition for the writ of habeas data shall not preclude
the filing of separate criminal, civil or administrative
Sec. 14. Return; Filing.- In case the respondent fails to actions.
file areturn, the court, justice or judge shall proceed to
hear the petition ex parte , granting the petitioner such Sec. 21. Consolidation. - When a criminal action is filed
subsequent to the filing of a petition for the writ, the (d) All relevant and material evidence consisting of the
latter shall be consolidated with the criminal action. affidavits of witnesses, documentary evidence,
When a criminal action and a separate civil action are scientific or other expert studies, and if possible, object
filed subsequent to a petition for a writ of habeas data, evidence;
the petition shall be consolidated with the criminal (e) The certification of petitioner under oath that:
action. After consolidation, the procedure under this 1. petitioner has not commenced any action or
Rule shall continue to govern the disposition of the filed any claim involving the same issues in any
reliefs in the petition. court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein;
Sec. 22. Effect of Filing of a Criminal Action. - When a 2. if there is such other pending action or claim, a
criminal action has been commenced, no separate complete statement of its present status;
petition for the writ shall be filed. The relief under the 3. if petitioner should learn that the same or
writ shall be available to an aggrieved party by motion similar action or claim has been filed or is
in the criminal case. pending, petitioner shall report to the court that
The procedure under this Rule shall govern the fact within five (5) days therefrom; and
disposition of the reliefs available under the writ of (f) The reliefs prayed for which may include a prayer
habeas data. for the issuance of a TEPO.

Sec. 23. Substantive Rights. - This Rule shall not Section 3. Where to file. - The petition shall be filed
diminish,increase or modify substantive rights. with the Supreme Court or with any of the stations of
the Court of Appeals.
Sec. 24. Suppletory Application of the Rules of Court. -
The Rules of Court shall apply suppletorily insofar as it Section 4. No docket fees. - The petitioner shall be
is not inconsistent with this Rule. exempt from the payment of docket fees.

Sec. 25. Effectivity. -This Rule shall take effect on Section 5. Issuance of the writ. - Within three (3) days
February 2, 2008, following its publication in three (3) from the date of filing of the petition, if the petition is
newspapers of general circulation. sufficient in form and substance , the court shall give
an order:
IV. WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy A. issuing the writ ; and
available to a natural or juridical person, entity B. requiring the respondent to file a verified return
authorized by law, people's organization, non- As provided in Section 8 of this Rule. The clerk
governmental organization, or any public interest of court shall forthwith issue the writ under the
group accredited by or registered with any government seal of the court including the issuance of a
agency, on behalf of persons whose constitutional right cease and desist order and other temporary
to a balanced and healthful ecology is violated, or reliefs effective until further order.
threatened with violation by an unlawful act or
omission of a public official or employee, or private Section 6. How the writ is served - The writ shall be
individual or entity, involving environmental damage served upon the respondent by a court officer or any
of such magnitude as to prejudice the life, health or person deputized by the court , who shall retain a copy
property of inhabitants in two or more cities or on which to make a return of service . In case the writ
provinces. cannot be served personally, the rule on substituted
service shall apply.
Section 2. Contents of the petition. - The verified
petition shall contain the following: Section 7. Penalty for refusing to issue or serve the writ.
(a) The personal circumstances of the petitioner; - A clerk of court who unduly delays or refuses to issue
(b) The name and personal circumstances of the the writ after its allowance or a court officer or
Respondent or if the name and personal circumstances deputized person who unduly delays or refuses to serve
are unknown and uncertain, the respondent may be the same shall be punished by the court for contempt
described by an assumed appellation; without prejudice to other civil, criminal or
(c) The environmental law, rule or regulation violated administrative actions.
or threatened to be violated , the act or omission
complained of , and the environmental damage of such Section 8. Return of respondent; contents- Within a
magnitude as to prejudice the life, health or property of non-extendible period of ten (10) days after service of
inhabitants in two or more cities or provinces. the writ, the respondent shall file a verified return
which shall contain all defenses to show that After hearing, the court may order any person in
respondent did not violate or threaten to violate , or possession or control of a designated land or other
allow the violation of any environmental law, rule or property to permit entry for the purpose of inspecting
regulation or commit any act resulting to or photographing the property or any relevant object or
environmental damage of such magnitude as to operation thereon.
prejudice the life, health or property of inhabitants in The order shall specify the person or persons
two or more cities or provinces. authorized to make the inspection and the date, time,
place and manner of making the inspection and may
All defenses not raised in the return shall be deemed prescribe other conditions to protect the constitutional
waived.The return shall include affidavits of witnesses, rights of all parties.
documentary evidence, scientific or other expert
studies, and if possible,object evidence, in support of (b)Production or inspection of documents or things;
the defense of the respondent. order- The motion must show that a production order
is necessary to establish the magnitude of the violation
A general denial of allegations in the petition shall be or the threat as to prejudice the life, health or property
considered as an admission thereof. of inhabitants in two or more cities or provinces. After
hearing, the court may order any person in possession,
Section 9. Prohibited pleadings and motions-The custody or control of any designated documents,
following pleadings and motions are prohibited: papers, books, accounts, letters, photographs, objects
or tangible things, or objects in digitized or electronic
● Motion to dismiss; form, which constitute or contain evidence relevant to
● Motion for extension of time to file return; the petition or the return, to produce and permit their
● Motion for postponement; inspection, copying or photographing by or on behalf of
● Motion for a bill of particulars; the movant.
● Counterclaim or cross-claim The production order shall specify the person or
● Third-party complaint; persons authorized to make the production and the
● Reply; and date, time, place and manner of making the inspection
● Motion to declare respondent in default. or production and may prescribe other conditions to
protect the constitutional rights of all parties
Section 10. Effect of failure to file return.- In case the
respondent fails to file a return, the court shall proceed Section 13. Contempt- The court may after hearing
To hear the petition ex parte punish the respondent who refuses or unduly delays
the filing of a return , or who makes a false return , or
Section 11. Hearing. - Upon receipt of the return of the any person who disobeys or resists a lawful process or
respondent, the court may call a preliminary order of the court for indirect contempt under Rule 71
conference to simplify the issues, determine the of the Rules of Court.
possibility of obtaining stipulations or admissions from
the parties, and set the petition for hearing. Section 14. Submission of case for decision; filing of
memoranda- After hearing , the court shall issue an
The hearing including the preliminary conference shall Order submitting the case for decision. The court may
not extend beyond sixty (60) days and shall be given require the filing of memoranda and if possible, in its
the same priority as petitions for the writs of habeas electronic form, within a non-extendible period of
corpus, amparo and habeas data. thirty (30) days from the date the petition is submitted
for decision
Section 12. Discovery Measures - A party may file a
verified motion for the following reliefs: Section 15. Judgment- Within sixty (60) days from the
time the petition is submitted for decision, the court
(a)Ocular Inspection; order — The motion must show shall render judgment granting or denying the privilege
that an ocular inspection order is necessary to establish of the writ of kalikasan.
the magnitude of the violation or the threat as to The reliefs that may be granted under the writ are the
prejudice the life, health or property of inhabitants in following:
two or more cities or provinces . It shall state in detail
the place or places to be inspected . It shall be (a) Directing respondent to permanently cease and
supported by affidavits of witnesses having personal desist from committing acts or neglecting the
knowledge of the violation or threatened violation of performance of a duty in violation of environmental
environmental law. laws resulting in environmental destruction or damage;
(b) Directing the respondent public official, LIMITATIONS ON THESE FREEDOMS
government agency, private person or entity 1) CLEAR AND PRESENT DANGER TEST
to protect, preserve, rehabilitate or restore the - All forms of media, whether print or broadcast, are
environment; entitled to the broad protection of the freedom of
(c) Directing the respondent public official, speech and expression clause. The test for limitations
government agency, private person or entity to monitor on freedom of expression continues to be clear and
Strict compliance with the decision and orders of the present danger rule - are such of a nature as to create a
court; clear and present danger that will bring about
(d) Directing the respondent public official, substantive evils that which the lawmakers has a right
government agency, or private person or entity to prevent.
to make periodic reports on the execution of the final The test to determine whether freedom of expression
judgment; and may be limited is the clear and present danger of an
(e) Such other reliefs which relate to the right of the evil of a substantive character that the State has a right
people to a balanced and healthful ecology or to the to prevent. Such danger must not only be clear but
protection, preservation, rehabilitation or restoration must also be present. There should be no doubt that
of the environment , except the award of damages to what is feared may be traced to the expression
individual petitioners. complained of; the casual connection must be evident.
Also, there must be reasonable apprehension about its
Section 16. Appeal- Within fifteen (15) days from the imminence. The time element cannot be ignored.
date of notice of the adverse judgment or denial of > clear and imminent danger
motion for reconsideration, any party may appeal to > substantive evil
the Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact. 2) DANGEROUS TENDENCY TEST
- If the words uttered create a dangerous tendency
Section 17. Institution of separate actions. which the State has a right to prevent, then such words
- The filing of a petition for the issuance of the writ of are punishable. It is not necessary that some definite or
kalikasan shall not preclude the filing of separate civil, immediate acts of force, violence, or unlawfulness be
Criminal or administrative actions. advocated . It is sufficient that such acts be advocated
in general terms nor is it necessary that the language
GR: human rights are absolute and inherent, it cannot used be reasonably calculated to incite person to acts of
be restrained. force, violence or unlawfulness . It is sufficient if the
XPN: natural tendency and probable effect of the utterance
The exercise of human rights can be restricted, be to bring about the substantive evil which legislative
regulated, or controlled. Protected speech includes body seeks to prevent.
every form of expression, whether oral, written, tape or
disc recorded. It includes motion pictures as well as 3) BALANCING OF INTEREST TEST
what is known as symbolic speech such as the wearing - Courts should balance the public interest served by
of an armband as a symbol of protest. Peaceful Legislation on one hand and the freedom of speech
picketing has also been included within the meaning of (or any other constitutional right) on the other.
speech. - The COURTS will then decide where the greater
weight should be placed.
Section 4. No law shall be passed abridging the (ex: picketing: er-ee rel)
freedom of speech, of expression, or of the press, or the ● executive
right of the people peaceably to assemble and petition ● individual
the government for redress of grievances.(sec 4, 1987 ● role of the COURTS
Constitution)
COMMERCIAL SPEECH - communication which no
1) freedom of speech More than proposes a commercial transactions.
2) freedom of expression - ads, billboards, commercials, etc.
3) freedom of the press
4) right of the people peaceably to assemble TO ENJOY PROTECTION:
5) right of the people to petition the government for > must not be false or misleading
redress of grievances > should not propose an illegal transaction
> even truthful and lawful commercial speech may be
regularized if:
- Government has substantial interest to protect 17 SUSTAINABLE DEVELOPMENT GOALS
- Regulation directly advances the interest... - sustained by itself - continuously overtime
- It is more extensive than necessary to protect that - development that meets both present & future
interest generation's needs

RULES ON ASSEMBLY IN PUBLIC PLACES 1) No poverty

- Applicant should inform the licensing authority of 2) Zero hunger
date. 3) Good health and well being
- File ahead of time to enable the public official 4) Quality education
concerned to appraise whether there are valid 5) Gender equality
objections to the grant of the permit; the grant or 6) Clean water and sanitation
refusal should be based on the application of clear and 7) Affordable and clean energy
present danger test. 8) Decent work and economic growth
- If the public authority is of the view that there is an 9) Industry, Innovation, and Infrastructure
imminent and grave threat, the applicant must be 10) Reduced inequalities
heard on the matter. 11) Sustainable cities and communities
- Decision must be transmitted to applicant at earliest 12) Responsible consumption and production
opportunity so that they may, if they so desire. 13) Climate action
14) Life below water
CRITERIA FOR A COMMUNICATION TO BE 15) Life on land
ACCEPTED FOR EXAMINATION 16) Peace, Justice, and Strong institutions
-A communication related to a violation of human 17) Partnership for the goals
rights and fundamental freedoms is ADMISSIBLE,
provided that: STATE RESPONSIBILITY OF
INTERNATIONALLY WRONGFUL ACTS [PART
1. it is not manifestly politically motivated ONE: THE INTERNATIONALLY WRONGFUL
a. and its object is consistent with the ACT OF A STATE]
Charter of the UN, the UDHR, and other CHAPTER I: GENERAL PRINCIPLES
applicable instruments in the field of Article l: Responsibility of a State for its internationally
human rights law. wrongful acts. Every internationally wrongful act of a
2. it gives a factual description of the alleged State entails the international responsibility of that
violations. State.
3. it's language is not abusive. Article 2: Elements of an internationally wrongful act
4. it is submitted by a person or a group of of a State There is an internationally wrongful act of a
persons Claiming to be the victims of violations State when conduct consisting of an action or
of human rights and other fundamental omission:
freedoms. It is submitted by any person or (a) is attributable to the State under international law;
group of persons, including non-governmental and
organizations: (b) constitutes a breach of an international obligation
● acting in good faith in accordance with of the State.
theprinciples of human rights Article 3: Characterization of an act of a State as
● not resorting to politically motivated internationally wrongful The characterization of an act
stands contrary to the provisions of the of a State as internationally wrongful is governed by
Charter of the UN international law. Such characterization is not affected
● claiming to have direct and reliable by the characterization of the same act as lawful by
knowledge of the violation concerned internal law.

5. not exclusively based on reports disseminated CHAPTER II: ATTRIBUTION OF CONDUCT TO

by mass media. A STATE
6. already being dealt with by a special procedure, Article 4: Conduct of organs of a State
a treaty body or other UN or similar regional 1. The conduct of any State organ shall be considered
complaints procedure in the field of human an act of that State under international law, whether
rights. the organ exercises legislative, executive, judicial or any
7. domestic remedies have been exhausted, unless other functions, whatever position it holds in the
it appears that such remedies would be organization of the State, and whatever its character as
ineffective or unreasonably prolonged. an organ of the central Government or of a territorial
unit of the State. 3. This article is without prejudice to the attribution to
2. An organ includes any person or entity which has a State of any conduct, however related to that of the
that status in accordance with the internal law of the movement concerned, which is to be considered an act
State. of that State by virtue of articles 4 to 9.

Article 5: Conduct of persons or entities exercising Article 11: Conduct acknowledged and adopted by a
elements of governmental authority The conduct of a State as its own Conduct which is not attributable to a
person or entity which is not an organ of the State State under the preceding articles shall nevertheless be
under article 4 but which is empowered by the law of considered an act of that State under international law
that State to exercise elements of the governmental if and to the extent that the State acknowledges and
authority shall be considered an act of the State under adopts the conduct in question as its own.
international law, provided the person or entity is
acting in that capacity in the particular instance. CHAPTER III: BREACH OF AN
INTERNATIONAL
Article 6: Conduct of organs placed at the disposal of a OBLIGATION
State by another State The conduct of an organ placed Article 12: Existence of a breach of an international
at the disposal of a State by another State shall be Obligation. There is a breach of an international
considered an act of the former State under obligation by a State when an act of that State is not in
international law if the organ is acting in the exercise of conformity with what is required of it by that
elements of the governmental authority of the State at obligation, regardless of its origin or character.
whose disposal it is placed.
Article 13: International obligation in force for a State
Article 7: Excess of authority or contravention of An act of a State does not constitute a breach of an
instructions.The conduct of an organ of a State or of a international obligation unless the State is bound by
person or entity empowered to exercise elements of the the obligation in question at the time the act occurs.
governmental authority shall be considered an act of
the State under international law if the organ, person Article 14: Extension in time of the breach of an
or entity acts in that capacity, even if it exceeds international obligation
its authority or contravenes instructions.
1. The breach of an international obligation by an act
Article 8: Conduct directed or controlled by a State of a State not having a continuing character occurs at
the moment when the act is performed, even if its
The conduct of a person or group of persons shall be
effects continue.
considered an act of a State under international law if
the person or group of persons is in fact acting on the 2. The breach of an international obligation by an act
instructions of, or under the direction or control of, of a State having a continuing character extends over
that State in carrying out the conduct. the entire period during which the act continues and
remains not in conformity with the international
Article 9: Conduct carried out in the absence or default obligation.
of the official authorities The conduct of a person or
group of persons shall be considered an act of a State 3. The breach of an international obligation requiring
under international law if the person or group of a State to prevent a given event occurs when the event
occurs and extends over the entire period during
persons is in fact exercising elements of the which the event continues and remains not in
governmental authority in the absence or default of the conformity with that obligation.
official authorities and in circumstances such as to call
for the exercise of those elements of authority. Article 15: Breach consisting of a composite act

Article 10: Conduct of an insurrectional or other 1. The breach of an international obligation by a State
movement through a series of actions or omissions defined in
1. The conduct of an insurrectional movement which aggregate as wrongful occurs when the action or
becomes the new Government of a State shall be omission occurs which, taken with the other actions or
omissions, is sufficient to constitute the wrongful act.
considered an act of that State under international law.
2. The conduct of a movement, insurrectional or other,
2. In such a case, the breach extends over the entire
which succeeds in establishing a new State in part of period starting with the first of the actions or
the territory of a pre-existing State or in a territory omissions of the series and lasts for as long as these
under its administration shall be considered an act of actions or omissions are repeated and remain not in
the new State under international law. conformity with the international obligation.
CHAPTER IV: RESPONSIBILITY OF A STATE The wrongfulness of an act of a State is precluded if
IN CONNECTION WITH THE ACT OF the act constitutes a lawful measure of self-defense
ANOTHER STATE taken in conformity with the Charter of the United
Nations.
Article 16: Aid or assistance in the commission of an
internationally wrongful act A State which aids or Article 22: Countermeasures in respect of an
assists another State in the commission of an internationally wrongful act.The wrongfulness of an act
internationally wrongful act by the latter is of a State not in conformity with an international
internationally responsible for doing so if: obligation towards another State is precluded if and to
the extent that the act constitutes a countermeasure
(a) that State does so with knowledge of the taken against the latter State in accordance with
circumstances of the internationally wrongful act;and chapter II of part three.

(b) the act would be internationally wrongful if Article 23: Force majeure
committed by that State.
1. The wrongfulness of an act of a State not in
Article 17: Direction and control exercised over the conformity with an international obligation of that
commission of an internationally wrongful act A State State is precluded if the act is due to force majeure, that
which directs and controls another State in the is the occurrence of an irresistible force or of an
commission of an internationally wrongful act by the unforeseen event, beyond the control of the State,
latter is internationally responsible for that act if: making it materially impossible in the circumstances to
perform the obligation.
(a) that State does so with knowledge of the
circumstances of the internationally wrongful act; 2. Paragraph 1 does not apply if:
and
(a) the situation of force majeure is due, either alone or
(b) the act would be internationally wrongful if in combination with other factors, to the conduct of the
committed by that State. State invoking it; or

Article 18: Coercion of another State.A State which (b) the State has assumed the risk of that situation
coerces another State to commit an act is occurring.
internationally responsible for that act if:
Article 24: Distress
(a) the act would, but for the coercion, be an
internationally wrongful act of the coerced State; and 1. The wrongfulness of an act of a State not in
conformity with an international obligation of that
(b) the coercing State does so with knowledge of the State is precluded if the author of the act in question
circumstances of the act. has no other reasonable way, in a situation of distress,
of saving the author's life or the lives of other persons
Article 19: Effect of this chapter entrusted to the author's care.

This chapter is without prejudice to the international

responsibility, under other provisions of these articles,
of the State which commits the act in question, or of 2. Paragraph 1 does not apply if:
any other State.
(a) the situation of distress is due, either alone or in
combination with other factors, to the conduct of the
State invoking it; or
CHAPTER V: CIRCUMSTANCES PRECLUDING
WRONGFULNESS (b) the act in question is likely to create a comparable
or greater peril.
Article 20: Consent
Article 25: Necessity
Valid consent by a State to the commission of a given
act by another State precludes the wrongfulness of 1. Necessity may not be invoked by a State as a ground
that act in relation to the former State to the extent for precluding the wrongfulness of an act not in
that the act remains within the limits of that consent. conformity with an international obligation of that
State unless the act:
Article 21: Self-defense
(a) is the only way for the State to safeguard an (a) to cease that act, if it is continuing;
essential interest against a grave and imminent peril;
and (b) to offer appropriate assurances and guarantees of
non- repetition, if circumstances so require.
(b) does not seriously impair an essential interest of the
State or States towards which the obligation exists, or Article 31: Reparation
of the international community as a whole.
1. The responsible State is under an obligation to make
2. In any case, necessity may not be invoked by a State full reparation for the injury caused by the
as a ground for precluding wrongfulness if: internationally wrongful act.

(a) the international obligation in question excludes the 2. Injury includes any damage, whether material or
possibility of invoking necessity; or moral, caused by the internationally wrongful act of a
State.
(b) the State has contributed to the situation of
necessity. Article 32: Irrelevance of internal law

Article 26: Compliance with peremptory norms The responsible State may not rely on the provisions of
its internal law as justification for failure to comply
Nothing in this chapter precludes the wrongfulness of with its obligations under this part.
any act of a State which is not in conformity with an
obligation arising under a peremptory norm of general Article 33: Scope of international obligations set out in
international law. this part

Article 27: Consequences of invoking a circumstance 1. The obligations of the responsible State set out in
precluding wrongfulness this part may be owed to another State, to several
States, or to the international community as a whole,
The invocation of a circumstance precluding depending in particular on the character and content of
wrongfulness in accordance with this chapter is the international obligation and on the circumstances
without prejudice to: of the breach.

(a) compliance with the obligation in question, if and to 2. This part is without prejudice to any right, arising
the extent that the circumstance precluding from the international responsibility of a State, which
wrongfulness no longer exists; may accrue directly to any person or entity other than a
State.
(b) the question of compensation for any material loss
caused by the act in question. CHAPTER II: REPARATION FOR INJURY

[PART TWO: CONTENT OF THE Article 34: Forms of reparation Full reparation for the
INTERNATIONAL RESPONSIBILITY OF A injury caused by the internationally wrongful act shall
STATE] take the form of restitution, compensation and
satisfaction, either singly or in combination, in
CHAPTER I: GENERAL PRINCIPLES accordance with the provisions of this chapter.

Article 28: Legal consequences of an internationally Article 35: Restitution

wrongful act.The international responsibility of a State
which is entailed by an internationally wrongful act in A State responsible for an internationally wrongful act
accordance with the provisions of part one involves is under an obligation to make restitution, that is, to re-
legal consequences as set out in this part. establish the situation which existed before the
wrongful act was committed, provided and to the
Article 29: Continued duty of performance extent that restitution:

The legal consequences of an internationally wrongful (a) is not materially impossible;

act under this part do not affect the continued duty of
the responsible State to perform the obligation (b) does not involve a burden out of all proportion to
breached. the benefit deriving from restitution instead of
compensation.
Article 30: Cessation and non-repetition
Article 36: Compensation
The State responsible for the internationally wrongful
act is under an obligation:
1. The State responsible for an internationally wrongful
act is under an obligation to compensate for the 1. States shall cooperate to bring to an end through
damage caused thereby, insofar as such damage is not lawful means any serious breach within the
made good by restitution.
meaning of article 40.
2. The compensation shall cover any financially
2. No State shall recognize as lawful a situation created
assessable damage including loss of profits insofar as it
is established. by a serious breach within the meaning of article 40,
nor render aid or assistance in maintaining that
Article 37: Satisfaction situation.

1. The State responsible for an internationally wrongful 3. This article is without prejudice to the other
act is under an obligation to givesatisfaction for the consequences referred to in this part and to such
injury caused by that act insofar as it cannot be made further consequences that a breach to which this
good by restitution or compensation. chapter applies may entail under international law.

2. Satisfaction may consist in an acknowledgement of [PART THREE: THE IMPLEMENTATION OF

the breach, an expression of regret, a formal apology or THE INTERNATIONAL RESPONSIBILITY OF A
another appropriate modality. STATE]
CHAPTER I: INVOCATION OF THE
3. Satisfaction shall not be out of proportion to the RESPONSIBILITY OF A STATE
injury and may not take a form humiliating to the Article 42: Invocation of responsibility by an injured
responsible State. State
A State is entitled as an injured State to invoke the
responsibility of another State if the obligation
breached is owed to:
Article 38: Interest A. that State individually; or
1. Interest on any principal sum due under this chapter B. a group of States including that State, or the
shall be payable when necessary in order to ensure full international community as a whole, and the
reparation. The interest rate and mode of calculation breach of the obligation:
shall be set so as to achieve that result. ● (i) specially affects that State; or
2. Interest runs from the date when the principal sum ● (ii) is of such a character as radically to change
should have been paid until the date the obligation to the position of all the other States to which the
pay is fulfilled. obligation is owed with respect to the further
performance of the obligation.
Article 39: Contribution to the injury
In the determination of reparation, account shall be Article 43: Notice of claim by an injured State
taken of the contribution to the injury by willful or 1. An injured State which invokes the responsibility of
negligent action or omission of the injured State or any another State shall give notice of its claim to that State.
person or entity in relation to whom reparation is 2. The injured State may specify in particular:
sought. (a) the conduct that the responsible State
should take in order to cease the wrongful act, if
CHAPTER III: SERIOUS BREACHES OF it is Continuing;
OBLIGATIONS UNDER PEREMPTORY NORMS (b) what form reparation should take in
OF GENERAL INTERNATIONAL LAW accordance with the provisions of part two.
Article 40: Application of this chapter
1. This chapter applies to the international Article 44: Admissibility of claims
responsibility which is entailed by a serious breach by a
State of an obligation arising under a peremptory norm The responsibility of a State may not be invoked if:
of general international law.
(a) the claim is not brought in accordance with any
2. A breach of such an obligation is serious if it involves applicable rule relating to the nationality of
a gross or systematic failure by the responsible State to claims;
fulfil the obligation. (b) the claim is one to which the rule of exhaustion of
local remedies applies and any available and effective
Article 41: Particular consequences of a serious breach local remedy has not been exhausted.
of an obligation under this chapter
Article 45: Loss of the right to invoke responsibility
The responsibility of a State may not be invoked if: CHAPTER II: COUNTERMEASURES
(a) the injured State has validly waived the claim; Article 49: Object and limits of countermeasures
(b) the injured State is to be considered as having, by 1. An injured State may only take countermeasures
reason of its conduct, validly acquiesced in the lapse of against a State which is responsible for an
the claim. internationally wrongful act in order to induce that
State to comply with its obligations under part two.
Article 46: Plurality of injured States 2. Countermeasures are limited to the non-
Where several States are injured by the same performance for thebtime being of international
internationally wrongful act, each injured State may obligations of the State taking the measures towards
separately invoke the responsibility of the State which the responsible State.
has committed the internationally wrongful act. 3. Countermeasures shall, as far as possible, be taken in
such a way as to permit the resumption of performance
Article 47: Plurality of responsible States of the obligations in question.
1. Where several States are responsible for the
same internationally wrongful act, the Article 50: Obligations not affected by
responsibility of each State may be invoked in countermeasures
relation to that act.
1. Countermeasures shall not affect:
2. Paragraph 1: (a) the obligation to refrain from the threat or use of
force as embodied in the Charter of the United Nations;
(a) does not permit any injured State to recover, by way (b) obligations for the protection of fundamental
of compensation, more than the damage it has human rights;
suffered; (c) obligations of a humanitarian character prohibiting
(b) is without prejudice to any right of recourse against reprisals;
the other responsible States. (d) other obligations under peremptory norms of
general international law.
Article 48: Invocation of responsibility by a State other
than an injured State 2. A State taking countermeasures is not relieved from
fulfilling its obligations:
1. Any State other than an injured State is entitled to (a) under any dispute settlement procedure applicable
invoke the responsibility of another State in accordance between it and the responsible State;
with paragraph 2 if: (b) to respect the inviolability of diplomatic or consular
agents, premises, archives and documents.
(a) the obligation breached is owed to a group
of States including that State, and is established Article 51: Proportionality
for the protection of a collective interest of the Countermeasures must be commensurate with the
group; or injury suffered, taking into account the gravity of the
(b) the obligation breached is owed to the internationally wrongful act and the rights in question.
international community as a whole.
Article 52: Conditions relating to resort to
2. Any State entitled to invoke responsibility under countermeasures
paragraph 1 may claim from the responsible
State: 1. Before taking countermeasures, an injured State
(a) cessation of the internationally wrongful act, and shall:
assurances and guarantees of non-repetition in (a) call upon the responsible State, in accordance with
accordance with article 30; and article 43, to fulfil its obligations under part two;
(b) performance of the obligation of reparation in (b) notify the responsible State of any decision to take
accordance with the preceding articles, in the interest countermeasures and offer to negotiate with that State.
of the injured State or of the beneficiaries of the
obligation breached. 2. Notwithstanding paragraph 1 (b), the injured State
may take such urgent countermeasures as are
3. The requirements for the invocation of responsibility necessary to preserve its rights.
by an injured State under articles 43, 44 and 45 apply
to an invocation of responsibility by a State entitled 3. Countermeasures may not be taken, and if already
to do so under paragraph 1. taken mustbe suspended without undue
delay if: ______________________________________
(a) the internationally wrongful act has ceased; and RESTRICTIONS AND LIMITATIONS ON THE
(b) the dispute is pending before a court or tribunal EXERCISE
which has the authority to make decisions binding on OF HUMAN RIGHTS
the parties.
GR: the substance of human rights cannot be taken
4. Paragraph 3 does not apply if the responsible State away from human beings.
fails to implement the dispute settlement procedures in
good faith. XPN: its exercise may, however, be regulated.
UNRESTRICTED EXERCISE OF RIGHTS could
Article 53: Termination of countermeasures infringe on the rights of others , or could be
Countermeasures shall be terminated as soon as the detrimental to public health, public morals, or national
responsible State has complied with its security.
obligations under part two in relation to the
internationally wrongful act. STATES - do not have the absolute discretion and
prerogative to restrict the exercise of human rights.
Article 54: Measures taken by States other than an Their actions must be bounded by certain parameters
injured State and they must take into consideration the ff:
This chapter does not prejudice the right of any State, [CS PLS]
entitled under article 48, paragraph 1, to invoke the 1) there must be a clear legal provision of law
responsibility of another State, to take lawful measures 2) the restriction must be
against that State to ensure cessation of the breach and a specific legitimate purpose
reparation in the interest of the injured State or of the 3) the proportionality test must be applied
beneficiaries of the obligation breached. 4) the least intrusive measure should be applied
5) the law must be strictly interpreted against
[PART FOUR: GENERAL PROVISIONS] restriction
Article 55: Lex specialis
These articles do not apply where and to the extent that DEROGATION:
the conditions for the existence of an internationally Some human rights are non-derogable and some may
wrongful act or the content or implementation of the be suspended or restricted by States.
international responsibility of a State are governed by
special rules of international law. Article 4 of ICCPR- allows the derogation of rights,
provided that:
Article 56: Questions of State responsibility not [POE NN]
regulated by these articles 1) there is a public emergency which threatens the life
The applicable rules of international law continue to of the nation.
govern questions concerning the responsibility of a 2) the existence of public emergency if officially
State for an internationally wrongful act to the extent proclaimed .
that they are not regulated by these articles. 3) the derogation is to the extent strictly required by
the exigencies of the situation .
Article 57: Responsibility of an international 4) the measures taken are not inconsistent with the
organization These articles are without prejudice to any State's other obligations under international law.
question of the responsibility under international law 5) the measures taken do not involve discrimination
of an international organization, or of any State for the Solely on the ground of race, color, sex, language,
conduct of an international organization. religion, or social origin.

Article 58: Individual responsibility

These articles are without prejudice to any question of
the individual responsibility under international law of
any person acting on behalf of a State.

Article 59: Charter of the United Nations

These articles are without prejudice to the Charter of
the United Nations.