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COLLEGE OF CRIMINOLOGY
HUMAN RIGHTS EDUCATION
CLJ2
A.Y: 2024-2025 (1st Semester)
Prepared By: Glyzl Jee Edrolin-Latoza, JD
 The Bill of Rights is basically a list of the Liberty- denotes not merely freedom from
most important rights to the citizens of a physical restraint. It also includes the right of
country. Its primary purpose is to protect man to use his faculties with which he has
those rights against intrusion from public been endowed by his creator subject only to
officials and private citizens. the limitation that he does not violate the law
Looking at the other sphere, the Bill of or the rights of others.
Rights are the protected and granted rights by Property- may refer to the thing itself or to the
law which is the basis of all other laws right over the thing.
respecting human rights. Equal protection of the laws- all persons or
Full government control is something things similarly situated should be treated
that almost everyone fears at some point. The alike both as to rights conferred and
fear that a policeman might arrest you for the responsibilities imposed.
way you look or the way you dress. Or
soldiers forcing you to nurture and care for Section 2. “The right of the people to be secure in their
them. persons, houses, papers, and effects against
The Bill of Rights is the instrument that unreasonable searches and seizures of whatever nature
shields the citizens from government control and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
and intrusion, it is something that keeps guard
probable cause to be determined personally by the judge
of the basic human rights of a person. Without after examination under oath or affirmation of the
such, there will be no basis of protection from complainant and the witnesses he may produce, and
government and private citizen’s intrusion, particularly describing the place to be searched and the
much less, no human rights to speak of. persons or things to be seized.”
In other words, the Bill of Rights The purpose of this provision is to
somewhat sets the standard of respect to protect the privacy and sanctity of the person
Human Rights and keeps the order in a and of his house and other possessions found
society. Without which, the world will not be therein against arbitrary intrusions by the
a better place for human. agents of the state.
Search Warrant- is an order in writing, issued
ARTICLE III- BILL OF RIGHTS in the name of the people of the Philippines,
signed by a judge and directed to a peace
Section 1. “No person shall be deprived of life, officer, commanding him to search for certain
liberty, or property without due process of law, nor personal property and bring it before the
shall any person be denied the equal protection of court.
the laws.” Warrant of Arrest- is a written order issued by
Due Process- is the legal requirement that a court, in the name of the people of the
requires the state to respect all the legal rights Philippines, authorizing a peace officer to
owed to a person. Due process balances the arrest a person, and put him under the
power of the state and protects the individual custody of the court.
person from the power of the state. Requisites of a valid search warrant:
a. Procedural Due Process- refers to 1. Must be issued upon probable cause;
the method or manner by which the 2. Probable cause must be issued
law is enforced; personally by the judge himself;
b. Substantive Due Process- which 3. Determination of the existence of
requires that the law itself, not probable cause must be made after
merely the procedures by which the examination by the judge of the
law would be enforced, is fair, complainant and the witnesses he may
reasonable and just. produce; and
Life- means something more than mere 4. It must particularly describe the place
animal existence. It extends to all the limbs to be searched and the person or things
and faculties by which life is enjoyed. to be seized.
Probable cause- meant such facts and petition the government for redress of grievances.”
circumstances antecedent to the issuance of a Includes the freedom to hold opinions
warrant sufficient in themselves to induce a and to receive and impart information and
cautious man to rely upon them and act in ideas without interference by public authority.
pursuance thereof. Although the freedom of expression
was granted by the constitution, the person
Valid warrantless search & seizure: enjoying the same has the duty to behave
1. Consent or waiver; responsibly and to respect other people’s
2. Search is incident to a lawful arrest; right, as this freedom is not absolute and it
3. Moving vehicle; comes with limitations.
4. Inspection, supervision and regulation
in the exercise of police power; Section 5. “No law shall be made respecting an
5. Stop and frisk; establishment of religion, or prohibiting the free
6. Exigent and emergency circumstances; exercise thereof. The free exercise and enjoyment of
7. Palin view religious profession and worship, without
Valid warrantless Arrest: discrimination or preference, shall forever be
1. In Flagrante Delicto; allowed. No religious test shall be required for the
2. Hot Pursuit; exercise of civil or political rights.”
3. Arrest of escaped prisoners; and There are two (2) guarantees in this
4. Citizen arrest provision:
1. Non-establishment clause;
Section 3. 2. Free exercise clause
1. The privacy of communication and
correspondence shall be inviolable except Section 6. “The liberty of abode and of changing
upon lawful order of the court, or when the same within the limits prescribed by law shall
public safety or order requires otherwise, as not be impaired except upon lawful order of the
prescribed by law. court. Neither shall the right to travel be impaired
2. Any evidence obtained in violation of this except in the interest of national security, public
or the preceding section shall be safety, or public health, as may be provided by
inadmissible for any purpose in any law.”
proceeding. Pertains to the right of a person to have
The person has the right to be free from his home in whatever place chosen by him and
undesired publicity, or disclosure of his thereafter to change it at will, and to go where
communication and correspondence and he pleases, except in the interest of national
has right to live without unwarranted security, public safety and public health. This
interference by the public in matters which right shall be impaired only upon lawful order
the public is not necessarily concerned. of the court and within the limits prescribed
As a rule, the government cannot by law.
intrude into the privacy of communication
and correspondence, except when the court Section 7. “The right of the people to information
allows the intrusion, and when public on matters of public concern shall be recognized.
safety and order so demands. Access to official records, and to documents and
Exclusionary rule- any evidence papers pertaining to official acts, transactions, or
unlawfully obtained is inadmissible as decisions, as well as to government research data
evidence before the courts (see “Fruit of the used as basis for policy development, shall be
poisonous tree”) afforded the citizen, subject to such limitations as
may be provided by law.”
Section 4. “No law shall be passed abridging the This covers information on matters of
freedom of speech, of expression, or of the press, or public concern. It pertains to access to
the right of the people peaceably to assemble and financial records, documents and papers
pertaining to official acts, transactions or except in writing and in the presence of
decisions, as well as to government research counsel.
data used as basis for policy development. 2. No torture, force, violence, threat,
intimidation, or any other means which
Section 8. “The right of the people, including vitiate the free will shall be used against
those employed in the public and private sectors, to him. Secret detention places, solitary,
form unions, associations, or societies for purposes incommunicado, or other similar forms of
not contrary to law shall not be abridged.” detention are prohibited.
Freedom of association includes one’s 3. Any confession or admission obtained in
freedom to choose not to associate or if already violation of this or Section 17 hereof shall be
a member of any association, to disaffiliate. inadmissible in evidence against him.
Right to unionize is an economic and 4. The law shall provide for penal and civil
labor right while the right to association in sanctions for violations of this Section as
general is a civil-political right. well as compensation to the rehabilitation of
victims of torture or similar practices, and
their families.
Section 9. “Private property shall not be taken for
public use without just compensation.” The Miranda Rights:
Power of eminent Domain- the right or power 1. Right to remain silent;
2. Right to a competent and independent
of the state to expropriate/use private
property for public purposes upon paying to counsel, preferably of his own choice;
the owner a just compensation. 3. Right to be reminded that if he cannot
Conditions for the exercise of the power of afford the services of a counsel, he
eminent domain: would be provided with one;
1. Taking of private property 4. Right to be informed of his rights;
2. For public use 5. Right against torture, force violence,
3. Just compensation threat, intimidation, or any other
4. Observance of due process means which vitiate the free will;
6. Right against secret detention places,
Section 10. “No law impairing the obligation of solitary incommunicado, or similar
contracts shall be passed.” forms of detention;
Compliance to the terms and 7. Right to have confessions or
conditions of any contracts in good faith admissions obtained in violation of
provided that the contract is not contrary to these rights considered inadmissible in
law, morals, good customs, public order, or evidence.
public policy. Rights that may be waived:
1. Right to remain silent;
Section 10. “No law impairing the obligation of 2. Right to counsel.
contracts shall be passed.” Requisites for a valid waiver:
This provision imposes a duty on the 1. Made voluntarily, knowingly, and
judicial branch of the government. intelligently;
2. In writing;
Section 12. 3. In the presence of counsel
1. Any person under investigation for the Section 13. “All persons, except those charged
commission of an offense shall have the with offenses punishable by reclusion perpetua
right to be informed of his right to remain when evidence of guilt is strong, shall, before
silent and to have competent and conviction, be bailable by sufficient sureties, or
independent counsel preferably of his own be released on recognizance as may be provided
choice. If the person cannot afford the by law. The right to bail shall not be impaired
services of counsel, he must be provided even when the privilege of the writ of habeas
with one. These rights cannot be waived
 corpus is suspended. Excessive bail shall not be 1. Existence of actual invasion or
required.” rebellion;
Bail- is a security given for the release of a 2. When public safety requires the
person in custody of law, furnished by him suspension.
or a bondsman, conditioned upon his Section 16. All persons shall have the right to a
appearance before any court as required. speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 14. A “speedy trial” basically means that
1. No person shall be held to answer for a the defendant for alleged crimes be tried
criminal offense without due process of law. within a reasonable amount of time after being
2. In all criminal prosecutions, the accused arrested.
shall be presumed innocent until the
contrary is proved, and shall enjoy the right Section 17. No person shall be compelled to be a
to be heard by himself and counsel, to be witness against himself.
informed of the nature and cause of the Incriminating question- when the answer of
accusation against him, to have a speedy, the accused or the witness would establish a
impartial, and public trial, to meet the fact which would be necessary link in a chain
witnesses face to face, and to have of evidence to prove the commission of a
compulsory process to secure the crime by the accused or the witness.
attendance of witnesses and the production
of evidence in his behalf. However, after Section 18.
arraignment, trial may proceed 1. No person shall be detained solely by
notwithstanding the absence of the accused:
reason of his political beliefs and
Provided, that he has been duly notified and aspirations.
his failure to appear is unjustifiable. 2. No involuntary servitude in any form
Presumption of innocence- is the legal shall exist except as a punishment for a
principle that one is considered innocent crime whereof the party shall have been
until proven guilty. It is the legal right of duly convicted.
the accused in a criminal trial. Voluntary servitude- is a condition where
Trial in Absentia- the trial may proceed one is compelled by force, coercion, or
even when accused is absent provided imprisonment, and against his will, to labor
that: for another, whether he is paid or not.
a. Accused has been validly
arraigned Section 19.
b. Accused has been duly notified 1. Excessive fines shall not be imposed, nor
of the dates of the hearing; cruel, degrading or inhuman punishment
c. Failure to appear is unjustifiable. inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
Section 15. “The privilege of the writ of habeas involving heinous crimes, the Congress
corpus shall not be suspended except in cases of hereafter provides for it. Any death penalty
invasion or rebellion, when the public safety already imposed shall be reduced to
requires it.” reclusion perpetua.
Writ of Habeas Corpus- is a writ directed to 2. The employment of physical, psychological,
the person detaining another, commanding or degrading punishment against any
him to produce the body of the detainee at a prisoner or detainee or the use of
designated time and place, and to show the substandard or inadequate penal facilities
cause of his detention. under subhuman conditions shall be dealt
Privilege of the writ- right to have an with by law.
immediate determination of the legality of the Cruel and inhumane penalty- involves
deprivation of physical liberty. torture or lingering suffering.
When can the privilege of writ be suspended:
Degrading Penalty- exposes a person to to. It was the first international agreement on
public humiliation. the basic principles of human rights.
The Universal Declaration of Human
Section 20. No person shall be imprisoned for Rights (UDHR) is a milestone document in the
debt or non-payment of a poll tax. history of human rights. Drafted by
Debt- any civil obligation arising from representatives with different legal and
contracts. cultural backgrounds from all regions of the
Poll Tax- a specific sum levied upon any world, it set out, for the first time,
person belonging to a certain class without fundamental human rights to be universally
regard to property or occupation. protected.

Section 21. No person shall be twice put in Article 1

jeopardy of punishment for the same offense. If an All human beings are born free and equal in
act is punished by a law and an ordinance, dignity and rights. They are endowed with
conviction or acquittal under either shall reason and conscience and should act towards
constitute a bar to another prosecution for the one another in a spirit of brotherhood.
same act.
Double Jeopardy- when a person was Article 2
charged with an offense and the case was Everyone is entitled to all the rights and
terminated by acquittal or conviction or any freedoms set forth in this Declaration, without
other manner without his consent, he cannot distinction of any kind, such as race, colour,
be again charged with the same or identical sex, language, religion, political or other
offense. opinion, national or social origin, property,
Requisites of double jeopardy: birth or other status.
1. Court of competent jurisdiction Furthermore, no distinction shall be
2. Valid complaint or information made on the basis of the political,
3. Arraignment and plea by the accused jurisdictional or international status of the
4. Conviction, acquittal, or dismissal of country or territory to which a person belongs,
the case without the express consent of whether it be independent, trust, non-self-
the accused. governing or under any other limitation of
sovereignty.
Section 22. No ex post facto law or bill of
attainder shall be enacted. Article 3
Ex post facto law- a criminal statute that Everyone has the right to life, liberty and the
punishes actions retroactively, thereby security of person.
criminalizing conduct that was legal when
originally performed. Article 4
Bill of attainder- is a legislative act that No one shall be held in slavery or servitude;
inflicts punishment without trial, its essence slavery and the slave trade shall be prohibited
being the substitution of legislative fiat for a in all their forms.
judicial determination of guilt.
Article 5
THE UNIVERSAL DECLARATION OF No one shall be subjected to torture or to cruel,
HUMAN RIGHTS inhuman or degrading treatment or
See: https://www.ohchr.org/en/universal- punishment.
declaration-of-human-rights
Article 6
The Universal Declaration of Human Everyone has the right to recognition
Rights is a historic document which outlined everywhere as a person before the law.
the rights and freedoms everyone is entitled
Article 7 1. Everyone has the right to freedom of
All are equal before the law and are entitled movement and residence within the
without any discrimination to equal borders of each State.
protection of the law. All are entitled to equal 2. Everyone has the right to leave any
protection against any discrimination in country, including his own, and to
violation of this Declaration and against any return to his country.
incitement to such discrimination.
Article 14
Article 8 1. Everyone has the right to seek and to
Everyone has the right to an effective remedy enjoy in other countries asylum from
by the competent national tribunals for acts persecution.
violating the fundamental rights granted him 2. This right may not be invoked in the
by the constitution or by law. case of prosecutions genuinely arising
from non-political crimes or from acts
Article 9 contrary to the purposes and principles
No one shall be subjected to arbitrary arrest, of the United Nations.
detention or exile.
Article 15
Article 10 1. Everyone has the right to a nationality.
Everyone is entitled in full equality to a fair 2. No one shall be arbitrarily deprived of
and public hearing by an independent and his nationality nor denied the right to
impartial tribunal, in the determination of his change his nationality.
rights and obligations and of any criminal
charge against him. Article 16
1. Men and women of full age, without
Article 11 any limitation due to race, nationality
1. Everyone charged with a penal offence or religion, have the right to marry and
has the right to be presumed innocent to found a family. They are entitled to
until proved guilty according to law in equal rights as to marriage, during
a public trial at which he has had all the marriage and at its dissolution.
guarantees necessary for his defence. 2. Marriage shall be entered into only
2. No one shall be held guilty of any penal with the free and full consent of the
offence on account of any act or intending spouses.
omission which did not constitute a 3. The family is the natural and
penal offence, under national or fundamental group unit of society and
international law, at the time when it is entitled to protection by society and
was committed. Nor shall a heavier the State.
penalty be imposed than the one that
was applicable at the time the penal Article 17
offence was committed. 1. Everyone has the right to own property
alone as well as in association with
Article 12 others.
No one shall be subjected to arbitrary 2. No one shall be arbitrarily deprived of
interference with his privacy, family, home or his property.
correspondence, nor to attacks upon his
honour and reputation. Everyone has the right Article 18
to the protection of the law against such Everyone has the right to freedom of thought,
interference or attacks. conscience and religion; this right includes
freedom to change his religion or belief, and
Article 13 freedom, either alone or in community with
others and in public or private, to manifest his 2. Everyone, without any discrimination,
religion or belief in teaching, practice, worship has the right to equal pay for equal
and observance. work.
3. Everyone who works has the right to
Article 19 just and favourable remuneration
Everyone has the right to freedom of opinion ensuring for himself and his family an
and expression; this right includes freedom to existence worthy of human dignity,
hold opinions without interference and to and supplemented, if necessary, by
seek, receive and impart information and other means of social protection.
ideas through any media and regardless of 4. Everyone has the right to form and to
frontiers. join trade unions for the protection of
his interests.
Article 20 Article 24
1. Everyone has the right to freedom of Everyone has the right to rest and leisure,
peaceful assembly and association. including reasonable limitation of working
2. No one may be compelled to belong to hours and periodic holidays with pay.
an association.
Article 25
Article 21 1. Everyone has the right to a standard of
1. Everyone has the right to take part in living adequate for the health and well-
the government of his country, directly being of himself and of his family,
or through freely chosen including food, clothing, housing and
representatives. medical care and necessary social
2. Everyone has the right of equal access services, and the right to security in the
to public service in his country. event of unemployment, sickness,
3. The will of the people shall be the basis disability, widowhood, old age or other
of the authority of government; this lack of livelihood in circumstances
will shall be expressed in periodic and beyond his control.
genuine elections which shall be by 2. Motherhood and childhood are entitled
universal and equal suffrage and shall to special care and assistance. All
be held by secret vote or by equivalent children, whether born in or out of
free voting procedures. wedlock, shall enjoy the same social
protection.
Article 22
Everyone, as a member of society, has the right Article 26
to social security and is entitled to realization, 1. Everyone has the right to education.
through national effort and international co- Education shall be free, at least in the
operation and in accordance with the elementary and fundamental stages.
organization and resources of each State, of Elementary education shall be
the economic, social and cultural rights compulsory. Technical and
indispensable for his dignity and the free professional education shall be made
development of his personality. generally available and higher
education shall be equally accessible to
Article 23 all on the basis of merit.
1. Everyone has the right to work, to free 2. Education shall be directed to the full
choice of employment, to just and development of the human personality
favourable conditions of work and to and to the strengthening of respect for
protection against unemployment. human rights and fundamental
freedoms. It shall promote
understanding, tolerance and
 friendship among all nations, racial or perform any act aimed at the destruction of
religious groups, and shall further the any of the rights and freedoms set forth herein.
activities of the United Nations for the
maintenance of peace. INTERNATIONAL COVENANT ON CIVIL
3. Parents have a prior right to choose the AND POLITICAL RIGHTS (ICCPR)
kind of education that shall be given to
their children. Is a multilateral treaty that commits nations to
respect the civil and political rights of
Article 27 individuals, including the right to
1. Everyone has the right freely to life, freedom of religion, freedom of
participate in the cultural life of the speech, freedom of assembly, electoral rights
community, to enjoy the arts and to and rights to due process and a fair trial. It
share in scientific advancement and its was adopted by United Nations General
benefits. Assembly Resolution 2200A (XXI) on 16
2. Everyone has the right to the protection December 1966 and entered into force on 23
of the moral and material interests March 1976 after its thirty-fifth ratification or
resulting from any scientific, literary or accession. As of June 2024, the Covenant has
artistic production of which he is the 174 parties and six more signatories without
author. ratification, most notably the People's
Republic of China and Cuba; North Korea is
Article 28 the only state that has tried to withdraw. It
Everyone is entitled to a social and enables people to enjoy a wide range of
international order in which the rights and human rights, including those relating to:
freedoms set forth in this Declaration can be • freedom from torture and other cruel,
fully realized. inhuman or degrading treatment or
punishment
Article 29 • fair trial rights
1. Everyone has duties to the community • freedom of thought, religion and
in which alone the free and full expression
development of his personality is • privacy, home and family life
possible. • equality and non-discrimination
2. In the exercise of his rights and
freedoms, everyone shall be subject INTERNATIONAL COVENANT ON
only to such limitations as are ECONOMIC, SOCIAL AND CULTURAL
determined by law solely for the RIGHTS (ICESCR)
purpose of securing due recognition
and respect for the rights and freedoms Is a multilateral treaty adopted by the United
of others and of meeting the just Nations General Assembly (GA) on 16
requirements of morality, public order December 1966 through GA. Resolution
and the general welfare in a democratic 2200A (XXI), and came into force on 3 January
society. 1976. It commits its parties to work toward the
3. These rights and freedoms may in no granting of economic, social, and cultural
case be exercised contrary to the rights (ESCR) to all individuals including
purposes and principles of the United those living in Non-Self-Governing and Trust
Nations. Territories. The rights include labour rights,
the right to health, the right to education, and
Article 30 the right to an adequate standard of living. As
Nothing in this Declaration may be of February 2024, the Covenant has 172
interpreted as implying for any State, group or parties. A further four countries, including the
person any right to engage in any activity or to
United States, have signed but not ratified the • Part III (Articles 10–14) describes the
Covenant. economic and social rights of women,
It ensures the enjoyment of economic, social particularly focusing on education,
and cultural rights, including the rights to: employment, and health. Part III also
• education includes special protections for rural
• fair and just conditions of work women and the problems they face.
• an adequate standard of living • Part IV (Article 15 and 16) outlines
• the highest attainable standard of women's right to equality in marriage
health and family life along with the right to
• social security equality before the law.
• Part V (Articles 17–22) establishes the
CONVENTION ON THE ELIMINATION Committee on the Elimination of
OF ALL FORMS OF DISCRIMINATION Discrimination against Women as well
AGAINST WOMEN (CEDAW) as the states parties' reporting
Is an international treaty adopted in 1979 by procedure.
the United Nations General Assembly. • Part VI (Articles 23–30) describes the
Described as an international bill of effects of the convention on other
rights for women, it was instituted on 3 treaties, the commitment of the states
September 1981 and has been ratified by 189 parties and the administration of the
states. Over fifty countries that have ratified convention.
the convention have done so subject to certain
declarations, reservations, and objections, HUMAN RIGHTS INITIATIVES IN THE
including 38 countries who rejected the PHILIPPINES
enforcement article 29, which addresses
means of settlement for disputes concerning On February 20, 1986,
the interpretation or application of the then President Ferdinand Marcos signed
convention. Australia's declaration noted the Presidential Decree No. 2036 creating
limitations on central government power the Commission on Human Rights with the Vice
resulting from its federal constitutional President being the chairperson and Prime
system. The United States and Palau have Minister as Vice Chairperson and shall be
signed, but not ratified the treaty. The Holy attached to the Office of the President for
See, Iran, Somalia, Sudan, and Tonga are not general direction and coordination. This
signatories to CEDAW. decree, which was Marcos' last issued
The convention has a similar format to presidential decree was not implemented as
the Convention on the Elimination of All he fled to the United States days after and
Forms of Racial Discrimination, "both with replaced by Corazon Aquino through the
regard to the scope of its substantive EDSA People Power Revolution. Nearly a
obligations and its international monitoring month later, on March 18, 1986, then President
mechanisms". Aquino by virtue of the 1986 Freedom
The convention is structured in six parts Constitution, signed Executive Order No. 8
with 30 articles total. creating the Presidential Committee on Human
• Part I (Articles 1–6) focuses on non- Rights. (See E.O No. 163)
discrimination, sex stereotypes, and sex Today, we have significant laws that
trafficking. amplify protection of human rights, such as,
• Part II (Articles 7–9) outlines women's but not limited to:
rights in the public sphere with an • The Indigenous Peoples' Rights Act of
emphasis on political life, 1997 (IPRA)
representation, and rights to • R.A No. 9262- An Act Defining
nationality. Violence Against Women And Their
Children
• REPUBLIC ACT 9003 ECOLOGICAL
SOLID WASTE MANAGEMENT ACT
OF 2000
• REPUBLIC ACT 9275 PHILIPPINE
CLEAN WATER ACT OF 2004