Philippine College of Criminology

Academic Affairs Division

College of Criminology

Course Module for

HUMAN RIGHTS EDUCATION (CLJ2)

Author: ATTY. MARY GRACE P. AQUINO

Week Topics Intended Learning Outcomes

No.

13 Philippine Human Rights At the end of the learning period, the students should be able
Commission to:
a. Understand the functions of the CHR and its impact on
the country.
b. Evaluate the relevance of the CHR in dealing with
human rights violations.

14 United Nations a. Identify the different agencies assisting the UN to

achieve its human rights objectives.
b. Appreciate the efforts of the UN and its people in
securing treaties that shaped the human rights
advocacies.

15 International Court of Justice and a. Distinguish International Court of Justice from

International Criminal Court International Criminal Court
b. Distinguish the difference between the two international
courts in dealing with human rights issues.

16 Domestic Enforcement of Human a. Recognize the different modes of adopting

Rights international human rights law into the Philippines
domestic sphere.
b. Construct the best but effective way on how the local
courts would handle issues involving human rights.

Final Examination

WEEK 13 - PHILIPPINE COMMISSION ON HUMAN RIGHTS

History

The Commission on Human Rights (CHR) is an independent National Human Rights Institution (NHRI) created
under the 1987 Philippine Constitution, established on 05 May 1987 by virtue of Executive Order No. 163. It was
created during the early terms of President Corazon Aquino, through her vested legislative power. It superseded the

existing Presidential Commission of Human Rights.

The CHR was created as a response to the atrocities committed during Martial Law. When the 1987 Philippine
Constitution was drafted, Article XIII on Social Justice and Human Rights clearly defined the creation of the
Commission.

It is an independent body where their annual appropriations shall be automatically and regularly released. This
means that their annual budget shall be released in a mechanical, spontaneous, and perfunctory or in other words,
without any condition.

The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote the rights and dignity of
every human being in the country. The State values the dignity of every human person and guarantees full respect
for human rights. (Sec. 11, Art. II, Philippine Constitution)

The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic and political inequalities, and remove cultural inequalities by
equitably diffusing wealth and political power for the common good. (Sec. 1, Art. XIII, Philippine Constitution)

VISION
A just and humane Philippine society of persons equal in opportunity, living a life of dignity, and forever vigilant
against abuses and oppression.

MISSION
As conscience of government and the people, we seek truth in human rights issues and prevent incidence of human
rights violations. As beacon of truth, we make people aware of their rights, and guide government and society
towards actions that respect the rights of all, particularly those who cannot defend themselves — the disadvantaged,
marginalized, and vulnerable.

MANTRA
CHR: Dignity of all

FUNCTIONS OF THE CHR

Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to protect the civil and
political rights of citizens in the Philippines.

In particular, the Commission on Human Rights shall have the following powers and functions:
1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil
and political rights;
 2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in
accordance with the Rules of Court;

3. 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
under-privileged whose human rights have been violated or need protection;

4. Exercise visitorial powers over jails, prisons, or detention facilities;

5. Establish a continuing program of research, education, and information to enhance respect for the primacy
of human rights;

6. Recommend to Congress effective measures to promote human rights and to provide for compensation to
victims of violations of human rights, or their families;

7. Monitor the Philippine Government's compliance with international treaty obligations on human rights;

8. 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;

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

10. Appoint its officers and employees in accordance with law; and

11. Perform such other duties and functions as may be provided by law.

NATURE OF CHR

A. CHR is not a quasi-judicial agency that can act like a court. It cannot render judgment defining the
rights and obligations of the parties concerned. The best thing that CHR can do is to be an investigative
body on issues concerning alleged human rights violations. If the results showed that indeed there is a
violation, the CHR can recommend the prosecution of the violators.

A quasi-judicial agency or body is an organ of government other than a court and other than a legislature,
which affects the rights of private parties through either adjudication or rule-making.

B. The Constitution generally empowers the CHR to investigate only violations of civil and political
rights. It includes protection of rights of political detainees, treatment of prisoners and prevention of
tortures, fair and public trials, cases of disappearance, salvaging and hamletting and other crimes
committed against the religious.

In so far as the economic, social and cultural rights are involved, violations of such may only be monitored
by the CHR for the following reasons:
1. To assess the economic, social and cultural rights situation of a particular group or community of
persons or sector of society;
2. To determine the basic obligations of the government on the matter;
3. To determine the level of government’s compliance with international human rights standards;
and
 4. To recommend and advice government of the appropriate legislative, administrative, judicial,
policy and program measures necessary to fully address the economic, social and cultural rights of
the people in the country.

C. The CHR has no power to issue injunction orders in cases involving alleged violations of human
rights.

CHR, as previously mentioned, is not considered as a court of justice or even as quasi-judical agency. Thus,
it is not authorized to issue restraining or injunctions orders on cases involving human rights violations. It
can only request from a proper court the issuance of restraining order to protect human rights or prevent its
abuses.

D. The CHR can be a party-in-intervention or an amicus curiae in cases involving human rights
violations.

Under our Rules of Court, what qualifies a person or an entity to intervene is his or its possession of a
legal interest in the matter in litigation or in the success of either of the parties, or an interest against
both; or when he or it is so situated as to be adversely affected by a distribution or other disposition of

property in the custody of the court or an officer thereof.

Amicus curiae - An amicus curiae (literally, "friend of the court") is someone who is not a party to a case
who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.

In the case of Ang Ladlad LGBT Party vs. COMELEC ( G.R. No. 190582, April 8, 2010), the CHR
submitted its position that the “denial of Ang Ladlad’s petition to take part in the party-list election based
on moral grounds violated the standards and principles of the Constitution, the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights”.

COMPOSITION OF CHR
The CHR is composed of a chairman and four commissioners, who shall be appointed by the President for single
seven-year terms. The qualifications for the chairman and commissioners are as follows:

1. a natural-born citizen of the Philippines;

2. at least thirty-five years of age; and
3. has not been a candidate for any elective position preceding their appointment.

In addition, the constitution states that a majority of the abovementioned officials must be members of the Philippine
Bar.

Fro Appointed by
Commission Chairperson Commissioners To
m
Abelardo L. Aportadera, Jr. Corazon Aquino

Samuel M. Soriano
Mary Concepcion
1987 1992
Bautista
Hesiquio R. Mallillin

Narciso C. Monteiro
1st
Samuel M. Soriano Fidel V. Ramos

Hesiquio R. Mallillin
Sedfrey A. Ordoñez 1992 1994
Narciso C. Monteiro

Paulyn P. Sicam
Jorge R. Coquia

Vicente P. Sibulo
Aurora P. Navarette-
2nd 1994 2001
Reciña
Mercedes V. Contreras

Nasser A. Marohomsalic
3rd Purificacion Quisumbing Eligio P. Mallari 2002 2008 Gloria Macapagal-
Arroyo
Dominador N. Calamba II
 Wilhem D. Soriano

Malik G. Marandang

Quintin B. Cueto III

Cecilia Rachel V.
Quisumbing
Leila de Lima 2008 2010
Victoria V. Cardona
4th
Norberto Dela Cruz
Benigno Aquino III
Loretta Ann Rosales 2010 2015
Jose Manuel S. Mamauag
Karen Lucia Gomez-
Dumpit

Gwendolyn Pimentel-Gana
5th Jose Luis Martin Gascon 2015 2022
Leah Tanodra-Armamento

Roberto Eugenio Cadiz

Beda A. Epres Ferdinand Marcos Jr.
Hon. Richard P.Palpal-
6th 2022 2029
Latoc
Faydah Dumarpa

WEEK 14 - UNITED NATIONS

Human rights knows no boundaries for it seeks to define and uphold the rights of every individual regardless of
nationality. It deals with the way the State acts towards a person, a group and more particularly, its own citizens.

Among the forerunners in the international field, the United Nations has the mandate over international human rights
standards: the General Assembly, the Economic and Social Council and the Human Rights Council.

A. The United Nations General Assembly (UNGA)

It is one of the six (6) principal organs of the United Nations and is considered as its highest deliberative
organ. It is the only body in which every member of the organization is represented and allowed to vote.

It is not a legislative body but can exercise deliberative, supervisory, financial and elective functions.
It can initiate studies and make recommendations for the purpose of assisting in the realization of human
rights and fundamental freedoms. However, it has no power to enforce its resolution or compel state
action.

Further, the UNGA has the mandate to carry out the UN’s vision to promote “universal respect for,
and observance of, human rights and fundamental freedoms.”

Thus, the UNGA engages itself in human rights standard setting such as the UDHR which was made by
UNGA into a resolution. Also through UNGA, human rights treaties such as the following were made into
a legally-binding agreement:
1. International Convention on Civil and Political Rights (ICCPR)
2. Internationational Convention on Economic, Social and Cultural Rights (ICESCR)
3. 1965 International Convention on the Elimination of All Forms of Racial Discrimination
4. 1979 Convention on the Elimination of All Forms of Discrimination againts Women (CEDAW)
5. 1980 International Convention of the Protection of the Rights of All Migrant Workers and
Members of their Families (Migrant Workers Convention)
 6. 1984 Convention Against Torture and Other Cruel. Inhuman or Degrading Treatment or
Punishment (Torture Convention)
7. 1989 Convention on the Rights of the Child (CRC)

UNGA is likewise involved in the enforcement of the said human rights standards. As a result, the UN Human
Rights Council was established by the UNGA in response to the mandate.

B. The United Nations Human Rights Council (UNHRC)

The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States
responsible for the promotion and protection of all human rights around the globe.

It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the
year. It meets at the UN Office at Geneva.

The Human Rights Council replaced the former United Nations Commission on Human Rights.

Membership

The Council is made of 47 Member States, which are elected by the majority of members of the General Assembly
of the United Nations through direct and secret ballot. The General Assembly takes into account the candidate
States' contribution to the promotion and protection of human rights, as well as their voluntary pledges and
commitments in this regard.

The Council's Membership is based on equitable geographical distribution. Seats are distributed as follows:
1. African States: 13 seats
2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats

Members of the Council serve for a period of three years and are not eligible for immediate re-election after
serving two consecutive terms.

With membership on the Council comes a responsibility to uphold high human rights standards. This is a criteria
insisted on by States themselves when they adopted the resolution creating the Human Rights Council.
Among the mandates of UNHRC are the promotion of human rights education and learning as well as advisory
services, technical assistance and capacity-building, to be provided in consultation with and with the consent of
Member States concerned; serves as a forum for dialogue on thematic issues on all human rights; and make
recommendations to the General Assembly for the further development of international law in the field of human
rights. Likewise, UNHRC shall undertake a universal periodic review, based on objective and reliable information,
of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures
universality of coverage and equal treatment with respect to all States.

C. The United Nations Office of the High Commissioner for Human Rights (UN OHCHR)

The Office of the High Commissioner for Human Rights is the leading UN entity on human rights. It
represents the world's commitment to the promotion and protection of the full range of human rights and freedoms
set out in the Universal Declaration of Human Rights.

The UN General Assembly established The Office of the High Commissioner for Human Rights in December
1993 through a resolution which includes its mandates. This was just a few months after the World Conference on
Human Rights adopted the Vienna Declaration and Plan of Action.

Adopted by 171 States, the Vienna Declaration renewed the world's commitment to human rights. It also called for
strengthening and harmonizing the monitoring capacity of the United Nations system with regards to human rights.

The missions of UN OHCHR are as follows:

1. Gives priority to addressing the most pressing human rights violations, both acute and chronic,
particularly those that put life in imminent peril
2. Focuses attention on those who are at risk and vulnerable on multiple fronts
3. Pays equal attention to the realization of civil, cultural, economic, political, and social rights,
including the right to development
4. Measures the impact of its work through the substantive benefit that is accrued, through it, to
individuals around the world

D. The United Nations Treaties on Human Rights

1. International Convention on Civil and Political Rights (ICCPR)
 The ICCPR is a multilateral treaty adopted by the UNGA on December 16, 1966. It entered
into force on March 23, 1976. As of March 28, 2014, it has 74 signatories and 167 parties. The
Philippines signed it on December 19, 1966 and ratified it on October 23, 1986.

The rights stated in the ICCPR are recognized as the first generation rights for they were the
earliest human rights to receive recognition.

Likewise, it advocates the right of the people to self-determination. Thus, people are free to
determine their political status and free to pursue their economic, social and cultural development.

2. Internationational Convention on Economic, Social and Cultural Rights (ICESCR)

The ICESCR is a multilateral treaty adopted by the UNGA on December 16, 1966. It entered
into force on January 3, 1976. As of 2015, it has 71 signatories and 164 parties.

While both ICCPR and ICESCR were adopted at the same time, the rights conferred in ICESCR
are most often referred to as the second generation rights.

3. 1965 International Convention on the Elimination of All Forms of Racial Discrimination

Racial Discrimination - any distinction, exclusion, restriction or preference based on race, color,
descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognitionm enjoyment, or exercise, on an equal footing, of human rights, and fundamental
freedoms in the political, economic, social, cultural, or any other field of public life.
4. 1979 Convention on the Elimination of All Forms of Discrimination againts Women (CEDAW)

Discrimination against women - any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any other
field.

5. 1980 International Convention of the Protection of the Rights of All Migrant Workers and Members
of their Families (Migrant Workers Convention)

Migrant worker - is a person who is to be engaged, is engaged or has been engaged in a

remunerated activity in a State of which he or she is not a national.

The rights of a migrant worker that shall be protected by law are as follows:

a. Freedom to leave to leave any State, including their State of origin. Likewise, migrant workers and
members of their families shall have the right at any time to enter and remain in their State of origin.
b. Not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

c. Not to be held in slavery or servitude nor shall be required to perform forced or compulsory labour.
d. Right to Freedom of thought, conscience and religion.
e. Right to hold opinions without interference.
f. Not to be subjected to arbitrary or unlawful interference with his or her privacy, family, , correspondence or
other communications, or to unlawful attacks on his or her honour and reputation.
g. Not to be arbitrarily deprived of property, whether owned individually or in association with others.
h. Right to liberty and security of person.
i. Migrant workers and members of their families who are deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person and for their cultural identity.
j. Right to equality with nationals of the State concerned before the courts and tribunals.

6. 1984 Convention Against Torture and Other Cruel. Inhuman or Degrading Treatment or
Punishment (Torture Convention)

Torture - any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an official capacity.
It does not include pain or suffering arising only from, inherent in or incidental to lawful
sanctions.

7. 1989 Convention on the Rights of the Child (CRC)

Child - is every human being below the age of eighteen years unless under the law applicable to
the child, majority is attained earlier.

Rights of the Child:

a. Right to be registered after birth.

 b. Right to acquire nationality.

c. Right to know and be cared for by his parents.

d. Right not to be separated from his parents against their will.
e. Freedom of expression.
f. Freedom of thought, conscience and religion.
g. Freedom of association.
h. Freedom of peaceful assembly.
i. Freedom from all forms of physical or mental violence, injury, abuse, neglect, negligent treatment,
maltreatment, or exploitation, sexual abuse.
j. Enjoyment of the highest attainable standard of health.
k. Right to benefit from social security.
l. Right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social
development.
m. Right to education.
n. Not to be denied of the right to enjoy his own culture, to profess and practice own
religion, or to use his own language.
o. Right to leisure and rest.
p. Protection from economic exploitation.
q. Protection from all forms of sexual exploitation and sexual abuse.

1999 Worst Forms of Child Labor Convention (Worst Forms of Child Labor)

a. All forms of slavery or practices similar to slavery.

b. Use, procuring, or offering of a child for prostitution and production of pornography.
c. Production and trafficking of drugs.
d. Work which, by its nature or the circumstances in which it is carried out, is likely to harm
the safety, health and morals of children.
WEEK 15: INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT

A. International Court of Justice (ICJ) is one of the six (6) principal organs of the United Nations. It was
established in June 1945 by the Charter of the United Nations and began work in April 1946.

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by
States and to give advisory opinions on legal questions referred to it by authorized United Nations
organs and specialized agencies. The Court decides disputes between countries, based on the voluntary
participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to
comply with the Court’s decision.
 It settles disputes between states in accordance with international law and gives advisory opinions on
international legal issues. The ICJ is the only international court that adjudicates general disputes
between countries, with its rulings and opinions serving as primary sources of international law.

Membership:
i. The court shall consist of fifteen (15) members, no two of whom may be nationals of the same state.
ii. The members shall be elected by absolute majority vote in both the General Assembly and the Security
Council simultaneously but separately.
iii. Members of the Court have a term of nine (9) years, and may be reelected.
iv. The qualifications are as follows:
a. Independent judges
b. Elected regardless of their nationality
c. Of high moral character
d. Possesses the qualifications required in their respective countries for appointment to their highest
judicial offices or a juris consults of recognized competence in international law.
v. Once elected, a member of the Court is a delegate neither of the government of his own country nor that of
any other state.

The current president of the ICJ is Joan E. Donoghue of the United States of America. She assumed
office on February 8, 2021.

The ICJ is located in The Hague, The Netherlands.

Jurisdiction in Contentious Cases

All cases which the parties refer to it and all matters specially provided for in the UN CHarter or in treaties
and conventions in force. The ICJ has only jurisdiction on contentious cases where only states are
parties thereto and their consent is needed. Nothing in the UN Charter prevents UN Member States from
entrusting the solution of their differences to other tribunals by virtue of their agreements already in
existence or which may be concluded in the future.

Limitations on Jurisdiction:
1. Only states may be parties in cases before it; and
2. Consent of the parties is needed for the court to acquire jurisdiction over the case.

B. International Criminal Court (ICC)

The International Criminal Court was established by the Rome Statute on July 17, 1988. It is the first
permanent treaty-based, international criminal court established to promote the rule of law and
ensure that the gravest international crimes do not go unpunished. It shall have the power to exercise
its jurisdiction over persons for the most serious crimes of international concern, as referred to in the
 Rome Statute, and shall be complementary to national criminal jurisdictions.

Crimes within the Jurisdiction of the ICC:

a. Genocide - it is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial
or religious group by killing its members or by other means: causing serious bodily or mental harm to
members of the group; deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part; imposing measures intended to prevent births within the group; or
forcibly transferring children of the group to another group.

b. Crimes against humanity - these are serious violations committed as part of a large-scale attack against
any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include
offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of
women and children, sexual slavery, torture, apartheid and deportation.

c. War crimes - are grave breaches of the Geneva conventions in the context of armed conflict and include,
for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war;
 intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion,
education, art, science or charitable purposes.

d. Crime of aggression (Crimes against Peace) - is the use of armed force by a State against the sovereignty,
integrity or independence of another State.

Membership:
a. The ICC's 18 judges are elected by the Assembly of States Parties for their qualifications, impartiality and
integrity, and serve 9-year, non-renewable terms.
b. They ensure fair trials and render decisions, but also issue arrest warrants or summonses to appear,
authorize victims to participate, order witness protection measures, and more.
c. They also elect, from among themselves, the ICC President and two Vice-Presidents, who head the Court.

The President of ICC is Piotr Hofmański of Poland who was on March 11, 2021

The ICC is located in The Hague, The Netherlands.

The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when
States do not are unwilling or unable to do so genuinely.

As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on
cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to
the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences.

While not a part of the United Nations organization, the Court has a cooperation agreement with the United
Nations. When a situation is not within the Court’s jurisdiction, the United Nations Security Council can refer the
situation to the ICC granting it jurisdiction. This has been done in the situations in Darfur (Sudan) and Libya.

The ICC actively works to build understanding and cooperation in all regions. The Court cooperates with both States
Parties and non-States Parties.

The Philippines Status

The Philippines deposited its instrument of ratification of the Rome Statute on 30 August 2011, granting the ICC
jurisdiction over Rome Statute crimes committed on the territory of the Philippines or by its nationals from 1
November 2011onwards. The Philippines' withdrawal from the Rome Statute was notified on 17 March 2018 and
became effective on 17 March 2019. Pursuant to article 127.2 of the Statute and based on prior ICC ruling in the
situation in Burundi, the Court retains its jurisdiction over crimes committed during the time in which the State was
party to the Statute and may exercise this jurisdiction even after the withdrawal became effective.
WEEK 16: DOMESTIC ENFORCEMENT OF HUMAN RIGHTS
In order for international human rights standards to be adopted and enforced in the Philippines, it must comply with
either of the two recognized theories of adaptation. These are:

1. Incorporation - a State is, by reason of its membership in the family of nations, bound by the generally
accepted principles of international law, the same being considered as part of its own laws.

2. Transformation - applied through the treaty-making power of the President. Through this power, rules and
principles embodied in a treaty in force would be transformed into Philippine Law and shall become valid
and effective upon the concurrence of two-thirds (⅔) of all the members of the Senate.

Rules in the Resolution of Conflict between International Law and National Law

General Rule: Attempt to reconcile apparent contradiction and thereby give effect if possible to both systems of
law. It is presumed that municipal law is always enacted by each state with due regard for and never in defiance of
the generally accepted principles of international law.

Conflict Resolved by Local Court: The Philippine, as the highest law of the land, should be upheld as against a
conflicting international law. Rules of international law are given a standing equal, not superior, to national
legislative enactments.

Conflict Resolved by International Tribunal: National laws must yield to the laws of nations because
international law provides the standards by which the legality of State conduct is to be determined.

So how does a domestic court or municipal court enforce human rights?

A. The Court can enforce human rights through judicial power.

Judicial power is defined as the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
 abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality

of the Government.

Before the Court can take cognizance of a case, there must be a justiciable issue which means that there
should be a clear, demandable and enforceable right provided under the law as well as an act or omission
which violates such right. Thus, there must be a law granting such rights and a person or an entity violates
such rights so that a court can act upon it.

The civil and political rights enshrined under the Constitution are self-executory, hence, these are
generally justiciable rights which the Court can readily take cognizance of even in the absence of a law
coming from the Congress.

The economic, social and cultural rights enshrined in the Constitution are generally not self-
executory, hence, these rights are not justiciable issues. As such, a violation of these will not be acted upon
by the Court through its judicial power unless there is a legislation coming from the Congress.

However, in one of the celebrated cases decided by the Supreme Court, the right to a balanced and
healthful ecology, although considered as an economic, social and cultural rights, is held to be a justiciable
issue. The Court held that even though the right to a balanced and healthful ecology is under the
Declaration of Principles and State Policies of the Constitution and not under the Bill of Rights, it does not
follow that it is less important than any of the rights enumerated in the latter: “[it] concerns nothing less
than self-preservation and self-perpetuation, the advancement of which may even be said to predate all
governments and constitutions”. The right is linked to the constitutional right to health, is “fundamental”,
“constitutionalised”, “self-executing” and “judicially enforceable”. It imposes the correlative duty to refrain
from impairing the environment. (Oposa vs. Factoran, G.R. No. 101083, July 30, 1993).

B. The Supreme Court can also take a direct and active part in the enforcement of human rights
through its rule-making power. It means that it has the exclusive power to promulgate rules concerning
the protection and enforcement of constitutional rights. Such rules shall not diminish, increase, or modify
substantive rights. .

Under this authority, the Supreme Court issued the following:

1. Rule 102 of the Rules of Court on the Writ of Habeas Corpus

The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which
any person is deprived of his liberty, or by which the rightful custody of any person is withheld
from the person entitled thereto.
 The writ shall be directed as follows:
i. In case of imprisonment or restraint by an officer, the writ shall be directed to him, and shall command him
to have the body of the person restrained of his liberty before the court or judge designated in the writ at the
time and place therein specified.
ii. In case of imprisonment or restraint by a person not an officer, the writ shall be directed to an officer, and
shall command him to take and have the body of the person restrained of his liberty before the court or
judge designated in the writ at the time and place therein specified, and to summon the person by whom he
is restrained then and there to appear before said court or judge to show the cause of the imprisonment or
restraint.

2. Administrative Matter (A.M.) No. 08-1-16-SC or the Rule on the Writ of Habeas Data

The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty
or security is violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing of data
or information regarding the person, family, home and correspondence of the aggrieved party.

Thus, in the case of Gamboa vs. Chan (G.R. No. 193636, July 24, 2012), it held that iIn order
for the Writ of Habeas Data to be proper, there must be a connection between the person’s
right to privacy on one hand and his right to life, liberty, or security on the other.

The writ of habeas data is an independent and summary remedy designed to protect the image,
privacy, honor, information, and freedom of information of an individual, and to provide a forum
to enforce one’s right to the truth and to informational privacy. It seeks to protect a person’s right
to control information regarding oneself, particularly in instances in which such information is
being collected through unlawful means in order to achieve unlawful ends.

It must be emphasized that in order for the privilege of the writ to be granted, there must exist a
nexus between the right to privacy on the one hand, and the right to life, liberty or security on the
other.

3. Administrative Matter (A.M.) No. 07-9-12-SC or the Rule on the Writ of Amparo

The writ of amparo is a remedy available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats thereof.

The remedy of the Writ of Amparo is an equitable and extraordinary remedy to safeguard
the right of the people to life, liberty and security as enshrined in the 1987 Constitution. The
Rule on the Writ of Amparo was issued as an exercise of the Supreme Court's power to
promulgate rules concerning the protection and enforcement of constitutional rights. It aims to
address concerns such as, among others, extrajudicial killings and enforced disappearances. (De
Lima vs. Gatdula, G.R. No. 204528, February 19, 2013)

4. Administrative Matter (A.M.) No. 07-9-12-SC or the Rule on the Writ of Kalikasan

The Writ of Kalikasan is a remedy available to a natural or juridical person, entity authorized by
law, people’s organization, non-governmental organization, or any public interest group accredited
by or registered with any government agency, on behalf of persons whose constitutional right to a
 balanced and healthful ecology is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more
cities or provinces.

Any Filipino may file an action to enforce environmental rights or obligation in representation of
others including minors and generations yet unborn. (Oposa vs. Factoran)

Dear Students:

Hello!

I just want to congratulate you for a job well done. You are almost done
with the 1st semester. Though our mode of learning is not the usual way,
I hope somehow you have learned something from the module-lectures. I
may not personally teach you but rest assured that I have done my best
to include all possible topics you may use especially on your Board
Exam. I wish you all the best and hope to meet you soon, under the
“new” normal!

Good luck and stay safe!

Atty. Grace Aquino