HUMAN RIGHTS SARMIENTO Chap 1

HUMAN RIGHTS LAWCHAPTER 1 NATURE OF HUMAN RIGHTS

INTRODUCTION Human Rights law – branch of public law that deals with the body of laws, rules,

procedures, and institutions designed to respect, promote and protect human rights and the national, regional and international levels

UN Chartero reaffirm faith in fundamental human rights, in the dignity and worth of the

human person, in the equal rights of men and women and of the nations large and small

o to promote social programs and better standards of life in larger freedom 1987 Constitution Article 2 Sec 11

o State value the dignity of every ho uman person and guarantees full respect for human rights

1984 Universal Declaration of Human Rightso basic source of human rights

CHAPTER 1 THE NATURE OF HUMAN RIGHTS

Definition aggregate of privileges, claim, benefits, entitlements and moral guarantees that

pertain to man because of his humanity system of values or elements which are inherent to human dignity why does man have rights? human person possesses rights because of the very fact

that it is a person, a whole, master of itself and of its acts and which consequently is not merely a reason to an end but an end which must be treated as such

connection between a human person and his possession of his rights - any human society if it is to be well ordered and productive must lay down as a foundation the principle that ever human being is a person, and that his nature is endowed with intelligence and full will. By virtue of this he has rights and duties flowing directly and simultaneously from his very nature

legal and moral entitlements that have evolved as a basis for constructing how state power is used and particularly to limit its use against the rights of citizens

Kinds/ Generation of Rights Karl Vask’s division follows the French Revolutions slogans – Liberty Equality Fraternity

1st Gen of Civil and Political Rights aka 1st gen of liberty rightso individual rights against the state and are partly seen as negativeo due to the development of democratic society o serves as the protection of the individuals form arbitrary exercise of police

powero examples

right to life, liberty and security of person right against torture right to equal protection against discrimination right against arbitrary arrest and detention right to a fair and public hearing by an independent and impartial

tribunal right to be presumed innocent until proven guilty right to privacy, freedom of opinion and expression

2nd Gen of Economic, Social and Cultural rights aka 2nd generation of equality rights o people realized that possession of first generation of liberty rights would be

valueless without the enjoyment if economic, social and cultural rightso struggle against Comlonialism, Socialism and encyclicals of the Pope o ex

right to work


right to social security right to form and to join trade unions right to education right to rest and leisure right to health right to shelter

3rd Gen Solidarity or Collective rights aka 3rd generation of solidarity rightso benefits individuals, groups and people o realization will need global cooperation based on international solidarityo examples

right to peace right to development environmental rights right of self determination right to food rights of women rights of children right to humanitarian disaster relief right to water

Principles Universality

o rights belong to and are to be enjoyed by all human beings without distinction of any kind, such as race, color, sex or language, religion, political and other opinion, national or social origin, property , birth or other stature

o HR belongs to everyone wherever they are because they are human beings endowed with dignity

o Internationally recognized human rights are the basic core minimum to be observed everywhere without regional differences

o HR belongs to everyone, everywhere by virtue of being humano no one, no group, no place in the world should be denied the enjoyment of

human rights Indivisibility and Interdependence

o first generation of liberty rights and second generation of equality rights are inter related and are co equal in importance

o forms an indivisible whole and only if these rights are guaranteed that an individual can live decently and in dignity

o international community must treat human rights in equal manner, same footing and same emphasis

o we cannot enjoy civil and political rights unless we enjoy economic, cultural and social rights must enjoy economic cultural and social rights (equality) to be able to enjoy civil and political rights (liberty)

Characteristics Inherent

o rights are the birthright of all human beingso exists independently of the will of either individual human being or groupo not obtained and granted through any human action or interventiono when one is born, he carries with them these rights, they cannot be separated

or detached from him Inalienable

o no person can deprive any person these rights and no person can repudiate these rights by himself

o rights cannot be subject of the commerce of man


Universalo rights belong to every human being no matter what he or she is likeo promotion and protection are the duty of all states, regardless of cultural,

economic or political systemsStages

Idealizationo notions about human rights have started in the realm of ideas that reflect a

consciousness against oppression, dehumanization or inadequate performance by the state

Positivizationo support for the ideas become strong o stage is set to incorporate them in o some legal instrument, whether domestic

or international law Realization

o last stage where these rights are enjoyed by citizens of the state by transformation of the social economic and political order

Three Obligations of Stage Parties to International Covenants Respect - art 2(1) of the International Covenant on Civil and Political Rights

o indicates that the negative character of civil and political rightso commands State Parties to refrain from restricting the exercise of these rights

where such is not expressly allowed ex. Act 7 of ICCPR – prohibits torture in absolute terms under all

circumstances provisions which prohibit only arbitrary interference

Art 6(1) right to life Art 17 right to privacy

provisions which authorize the state parties to impose restrictions political freedoms in Art. 18 – 22

Ensure – art 2(1) o positive character of civil and political rights and economic social and cultural

rightso state parties must be proactive to enable individuals to enjoy their rightso obligation to adopt executive, judicial and legislative measures to provide an

effective remedy to victims of human rights violators under o safeguard certain rights by means of procedural guarantees and legal

institutions Protect

o preventing private individuals, groups or entities from interfering with the individuals civil and political rights

o horizontal efforts (application of human rights between individuals or other private subjects) depend on the wording of such rights

o ex. of provisions which apply on the horizontal level prohibition of slavery prohibition of advocacy of racial hatred right to protection of law - need to take positive means to protect

children, family and rights to life liberty and equality

1. MAYOR SIMON, JR., CARLOS QUIMPO, CARLITO ABELARDO, AND GENEROSO OCAMPO, , vs.COMMISSION ON HUMAN RIGHTS, ROQUE FERMO, AND OTHERS AS JOHN DOES,.

warning. long case.


FACTS

Quimpo, one of the petitioners, is an Executive Officer of the QC Integrated Hawkers Management Council under the Office of the City Mayor.

Private respondents are officers and members of the North EDSA Vendors Association Incorporated (NEVAI).

Quimpo informed NEVAI that their stalls should be removed from the questioned premises to give way to Peoples Park.

Quimpo later on signeda DEMOLITION NOTICE, which was sent to NEVAIo given a grace period of 3 days (until July 12 1990) to vacate the questioned

premises of North EDSA On July 12 1990, NEVAI, led by their Pres. Fermo filed a complaint with CHR

o NEVAI wanted CHR to write a letter to Mayor Simon to stop the demolition of NEVAI’s stalls, sari sari stores and carinderia along North EDSA

CHR issued an order in favor of NEVAI o directing petitioners to desist from demolishing stalls and shanties at North

EDSA pending the resolution of the vendors complaint before the Commissiono ordering petitioners to appear before the HR

July 28 1990, petitioners carried out the demolition and as a result, CHR came out with a resolution

o ordering the disbursement of financial assistance of not more than P200,000.00 in favor of NEVAI to purchase light housing materials and food under the Commissions supervision

o directed petitioners to desist from further demolition, with warning that violation of order would lead to a citation for contempt and arrest

Petitioners filed a MOTION TO DISMISS but this was denied. o questioning CHR’s jurisidictiono CHR’s authoritiy should be confined only to investigation of violations of civil

and political rights, and that the right allegedly violated in this case is only a privilege to engage in business.

Petitioners filed a petition for PROHIBITION o praying for a restraining order and preliminary injunctiono prayed to prohibit CHR from further hearing and investigations

ISSUES

Whether or not CHR has the jurisdiction to investigate alleged violations of the business rights of private respondents whose stalls were demolished by petitioners at instance and authority given by the Mayor? NO.

Whether or not the CHR has the authority to issue an order to desist? NO.

HELD - petition GRANTED. The Commission on Human Rights is hereby prohibited from further proceeding with CHR Case No. 90-1580 and from implementing the P500.00 fine for contempt.

Powers and functions of the Commission under the 1987 Constitution

Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights

Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive


measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

Exercise visitorial powers over jails, prisons, or detention facilities; Establish a continuing program of research, education, and information to enhance

respect for the primacy of human rights; Recommend to the Congress effective measures to promote human rights and to

provide for compensation to victims of violations of human rights, or their families Monitor the Philippine Government's compliance with international treaty obligations

on human rights; Grant immunity from prosecution to any person whose testimony or whose

possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

Request the assistance of any department, bureau, office, or agency in the performance of its functions;

Appoint its officers and employees in accordance with law; and Perform such other duties and functions as may be provided by law.

CHR is not a quasi- judicial body

not meant by fundamental law to be another court or quasi-judicial agency most that may be conceded to 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 violations involving civil and political rights.

fact finding is not adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi-judicial agency or official.

CHR’s investigative power

Section 18, Article XIII, of the 1987 Constitution - empowers the Commission on Human Rights to "investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights"

Application to the case

what are sought to be demolished are the stalls, sari sari sotres and carinderias as well as temporary shanties, erected by private respondents on a land which is planned to be developed into a "People's Park".

the land adjoins the North EDSA of Quezon City which is a busy national highway. The order for the demolition of the stalls, sari-sari stores and carinderia of the private

respondents do not fall within the compartment of "human rights violations involving civil and political rights" intended by the Constitution.

CHR Contempt powers

constitutionally authorized to "adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court."

CHR acted within its authority in providing in its revised rules, its power "to cite or hold any person in direct or indirect contempt, and to impose the appropriate penalties in accordance with the procedure and sanctions provided for in the Rules of Court."

That power to cite for contempt should apply only to violations of its adopted operational guidelines and rules of procedure essential to carry out its investigatorial


powers. power to cite for contempt could be exercised against persons who refuse to

cooperate with the said body, or who unduly withhold relevant information, or who decline to honor summons, and the like, in pursuing its investigative work.

CHR cannot issue an order to desist

not investigatorial in character but prescinds from an adjudicative power that it does not possess.

The constitutional provision directing the CHR to "provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection" may not be construed to confer jurisdiction on the Commission to issue a restraining order or writ of

"preventive measures and legal aid services" mentioned in the Constitution refer to extrajudicial and judicial remedies which the CHR may seek from proper courts on behalf of the victims of human rights violations.

CHR has no jurisdiction to issue the writo may only be issued "by the judge of any court in which the action is pending

Commission does have legal standing to indorse, for appropriate action, its findings and recommendations to any appropriate agency of government.

There was also a long discussion Re: Human Rights

Human Rights

basic rights which inhere in man by virtue of his humanity same in all parts of the world, include civil rights,

o such as the right to life, liberty, and property; freedom of speech, of the press, of religion, academic freedom, and the rights of the accused to due process of law;

political rights, o such as the right to elect public officials, to be elected to public office, and to

form political associations and engage in politics; social rights,

o such as the right to an education, employment, and social services. entitlement that inhere in the individual person from the sheer fact of his humanity. not granted by the State but can only be recognized and protected by it.

Universal Declaration of Human Rights.o International Covenant on Economic, Social and Cultural Rights and o International Covenant on Civil and Political Rights,

part of his natural birth, right, innate and inalienable.

Civil Rights

belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not connected with the organization or administration of the government.

rights of property, marriage, equal protection of the laws, freedom of contract, etc rights appertaining to a person by virtue of his citizenship in a state or community. rights capable of being enforced or redressed in a civil action.


guarantees against involuntary servitude, religious persecution, unreasonable searches and seizures, and imprisonment for debt.

Political Rights

right to participate, directly or indirectly, in the establishment or administration of government,

right of suffrage, right to hold public office, right of petition and, rights appurtenant to citizenship vis-a-vis the management of government.

2. SORIANO V. PINEDA CA- GR SP NO 31546 aug 10 1994 – JOBEN

This is all I have so far with the digest. Gonna try to get the actual case tomorrow through dad’s office

Facts: Louie Soriao was a high school student in the sub province of Dinalungan, Aurora (S.Y. 1993 to 1994). Due to his reputation of talking back to school authority during the past years, he was refused readmission to complete his fourth and final year of high school through a verbal notice not to readmit.

Soriao questioned the notice, averring that he was deprived of a hearing on the matter and thus the verbal notice was a denial of his right to due process. The administration ignored the student’s plea to reconsider its decision to deny him readmission claiming, “it was their prerogative.” Seeking further remedies to no avail, Soriao filed a petition for certiorari to the CA.

Issue: Whether or not the petitioner was denied his right to education.

Ruling: YES. The Court of Appeals ordered Pineda, Head Teacher of the Juan C. Angara Memorial High School to allow Soriao to enroll and study after he was meted out a disciplinary action without due process. The Court of Appeals invoked the 1987 Constitution and the Universal Declaration of Human Rights. Article XIV, Sections 1 and 2 and Article II, Sections 13 and 17 of the 1987 Constitution provide:

Article XIV, Section 1: The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

Section 2: The State shall:(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age;(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;


(4) Encourage non-formal, informal, and indigenous learning system, as well as self-study programs particularly those that respond to community needs; and(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Article II, Section 13: The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 17: The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Also since it is the Constitution which granted petitioner the right of education, he may only deprived of such right with due process of law as stated in Art. III, Sec. 1 of the 1987 Constitution, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the laws.

3. OPOSA V. FACTORNA 224 SCRA 792 1993 - ALEX

Facts: The principal plaintiffs are minors duly represented and joined by their parents. They are joined by Philippine Ecological Network Inc. Plaintiffs are instituting this taxpayer’s class suit “representing their generation as well as generations yet unborn” for the sake of the Virgin tropical rainforests. They hope to cancel all existing timber license agreements in the country and cease and desist from approving the same in the future. They aver that in order to maintain a balanced and healthful ecology, the country must maintain a ration of 54% of forest cover. Without it, the resulting environmental tragedies will include water shortage, salinization of water table, massive erosion, global warming, drought spells…etc. Plaintiffs make these claims on their constitutional right to a balanced and healthful ecology and on the premise that the timber license agreements (TLA) are contrary to public policy, violative of their rights to self-preservation, and to conserve and promote the nation’s cultural heritage and resources.

Issues: Is the complaint presented judicially actionable or does it raise political questions?

Held: It is actionable. The Court finds enough cause of action to show a violation of the claimed rights. They may thus be granted the reliefs prayed for. What is involved here is the enforcement of a right vis-à-vis policies already formulated and expressed in legislation. Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. This right carries with it the correlative duty to refrain from impairing the environment. It is the DENR’s duty to protect and advance said right. What is considered here is the “rhythm and harmony of nature”, indispensably including the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present and future generations. Even the non-impairment clause for the effectivity of TLAs must yield to the police power of the state.

4. BALDOZA V. DIMAANO 71 SCRA 152 1976 - CARA


Facts:Municipal Secretary of Taal, Batangas, charges Municipal Judge Dimaano with abuse of authority in refusing to allow employees of the Municipal Mayor to examine the criminal docket records of the Municipal Court to secure data in connection with their contemplated report on peace and order conditions of the municipality. Respondent answered that there has never been an intention to refuse access to official court records but that the same is always subject to reasonable regulation as to who, when, where and how they may be inspected. He further asserted that a court has the power to prevent an improper use or inspection of its records and furnishing copies may be refuse when the motivation is not serious and legitimate interest, out of whim or fancy or mere curiosity or to gratify private site or promote public scandal. In his answer, respondent observed; Restrictions are imposed by the Court for fear of an abuse in the exercise of the right. There has been recent tampering of padlocks of the door of the Court and with this, to allow an indiscriminate and unlimited exercise of the right to free access, might do more harm than good. Request of such a magnitude cannot b immediately granted without adequate deliberation and advisement. Authority should first be secured from the Supreme Court Case was referred to Judge Riodique for investigation and report. At the preliminary hearing, Taal Mayor Corazon Caniza filed a motion to dismiss the complaint to preserve harmony and cooperation among officers. This motion was denied by Investigating Judge but he recommended the exoneration of respondent. Investigating Judge’s report avers that complainant was aware of the motion to dismiss and he was in conformity with it. Communications between complainant and respondent reveal that respondent allowed the complainant to open and view the docket books of the respondent under certain conditions and under his control and supervision. Under the conditions, the Court found that the respondent has not committed any abuse of authorityIssue: WON respondent acted arbitrarily in the premises when he allowed the complainant to open and view the docket books of respondentHeld: No. The respondent allowed the complainant to open and view the docket books of respondent under certain conditions and under his control and supervision. It has not been shown that the rules and condition imposed by the respondent were unreasonable. The access to public records is predicated on the right of the people to acquire information on public concern. The New Constitution now expressly recognizes that the people are entitled to information on matters of public concern and thus are expressly granted access to official records, as well as documents of official acts, or transactions, or decisions, subject to such limitations imposed by law.

5. DAVID V. PRES. GLORIA MACAPAGAL ARROYO GR NO. 171396 2006 – ZEP

case is Malabo. focused on executive powers, not HR.

Facts: 7 consolidated cases alleging that President Gloria Macapagal-Arroyo committed

grave abuse of discretion in issuing Presidential Proclamation No. 1017 (PP 1017) and General Order No. 5 (G.O. No. 5),

PP 1017 - declared a state of national emergency o saying that the Communist insurgents are in a systematic conspiracy to bring

down the government with Magdalo Group and Gen. Lim and Marine Commander Ariel Querubin (clear and present danger); suppress terrorism and lawless violence

warrantless arrests and take-over of facilities may be done


o During dispersal of the rallyists along EDSA, police arrested (without warrant) petitioner Randolf S. David, a professor at the University of the Philippines and newspaper columnist.

Also arrested was his companion, Ronald Llamas, president of party-list Akbayan

o At around 12:20 in the early morning of February 25, 2006, operatives of the Criminal Investigation and Detection Group (CIDG) of the PNP, on the basis of PP 1017 and G.O. No. 5, raided the Daily Tribune offices in Manila. The raiding team confiscated news stories by reporters, documents, pictures, and mock-ups of the Saturday issue

Issue: WON the implementation of PP 1017 is unconstitutional.

PP 1017 is CONSTITUTIONAL as far as the ‘calling out of the military’ to suppress lawless violence.

PP 1017 is UNCONSTITUTIONAL when it comes to promulgating Decrees. o Only the 2 Howuses of Congress can legislate laws

Warrantless arrests and seizures conducted without proof that they are part of rebellion, lawless violence, and takeover is UNCONSTITUTIONAL

o It violates the constitutional guarantees of freedom of the press, of speech and of assembly

Ratio Decidendi: Generally, Congress is the repository of emergency powers. However, knowing that

during grave emergencies. However, the Constitution allows Congress to grant emergency powers to the President, subject to certain conditions

o There must be a war or other emergency.o The delegation must be for a limited period onlyo The delegation must be subject to such restrictions as the Congress may

prescribe.o The emergency powers must be exercised to carry out a national policy

declared by Congress Assailed PP 1017 is unconstitutional insofar as it grants President Arroyo the

authority to promulgate “decrees.” o Legislative power is peculiarly within the province of the Legislature. Sec. 1,

Art. VI categorically states that “the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives.” To be sure, neither Martial Law nor a state of rebellion nor a state of emergency can justify President Arroyo’s exercise of legislative power by issuing decrees

President also cannot call the military to enact laws such as laws on family, corporate laws, obligations and contracts, etc. Under the PP 1017, she can only call out the military to suppress lawless violence

President is authorized to declare a state of national emergency. However, without legislation, she has no power to take over privately-owned public utility or business affected with public interest.

President has no absolute authority to exercise all the powers of the State under Section 17, Article VII in the absence of an emergency powers act passed by Congress

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HUMAN RIGHTS SARMIENTO Chap 1