HUMAN RIGHTS under Atty.

Principe, Midterms Reviewer

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS Human Rights Those rights, which are inherent in our nature, and without which, we cannot live as human beings. Allow us to develop and use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. Supreme, inherent, and inalienable rights to life, dignity, and self-development. The essence of these rights ma es man human. !asic "haracteristics of Human Rights# $. %nherent &ot granted by any person or authority '. (undamental )ithout them, the life and dignity of man will be meaningless *. %nalienable "annot be rightfully ta en away from a free individual "annot be given away or be forfeited +. %mprescriptible "annot be lost even if man fails to use or assert them, even by a long passage of time ,. %ndivisible &ot capable of being divided "annot be denied even when other rights have already been en-oyed .. /niversal Applies irrespective of one0s origin, status, or condition or place where one lives Rights can be enforced without national border 1. %nterdependent

Stephanie Lu ette M. Macapa!a"Pa!e #

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

The fulfillment or e2ercise of one cannot be had without the reali3ation of the other Human Rights 4rinciples# The dignity of man and human life is inviolable. (rom the dignity of man is derived the right of every person to free development of his personality. A legitimate state should e2ist to assure that in the discharge of the governmental functions, the dignity that is the birthright of every human being is duly safeguarded. "lassification of Rights# According to Source $. &atural Rights 5od-given rights, ac nowledged by everybody to be morally good /nwritten, but prevail as norms of the society '. "onstitutional Rights "onferred and protected by the "onstitution and which cannot be modified or ta en away by the law-ma ing body *. Statutory Rights Those rights which are provided by law promulgated by the law-ma ing body 6ay be abolished by the body that created them According to Recipient $. %ndividual Rights Accorded to individuals '. "ollective Rights Also called 7people0s rights8 or 7solidarity rights8 Rights of the society, those that can be en-oyed only in company with others According to Aspect of 9ife $. "ivil Rights Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the en-oyment of their means of happiness Stephanie Lu ette M. Macapa!a"Pa!e $

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

4arta e of the nature of political rights when they are utili3ed as a means to participate in the government '. 4olitical Rights Rights which enable us to participate in running the affairs of the government either directly or indirectly *. :conomic and Social Rights Those which the law confers upon the people to enable them to achieve social and economic development +. "ultural Rights Rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of national culture based on the principle of unity in diversity in a climate of free artistic and intellectual e2pression. According to Struggle for Recognition $. (irst 5eneration Rights "ivil and political rights which derives primarily from the $1th and $;th centuries0 reformist theories "onceives of human rights more in negative <7freedom from8= than positive <7rights to8= terms (avors the abstention rather the intervention of government in the e2ercise of freedoms and in the quest for human dignity '. Second 5eneration Rights "overs economic, social, and cultural rights which find their origin primarily in the socialist tradition "onceives of human rights more in positive terms (undamental claims to social equality *. Third 5eneration Rights "overs collective rights According to >erogability $. Absolute or &on->erogable Rights

Stephanie Lu ette M. Macapa!a"Pa!e %

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Those that cannot be suspended nor ta en away nor restricted?limited even in e2treme emergency and even if the government invo es national security '. >erogable or "an-!e-9imited Rights 6ay be suspended or restricted or limited depending on the circumstances which call for the preservation of social life 6ust satisfy three requirements for it to be valid# i. %t is provided for by law which is made nown to every citi3en@ ii. There is a state of emergency which necessitates the urgent preservation of the public good, public safety, and public moral@ iii. %t does not e2ceed what is strictly necessary to achieve the purpose. "ategories of Human Rights $. (undamental (reedom in 4olitical Rights i. (reedom of conscience and religion ii. (reedom of thought, belief, opinion and e2pression iii. (reedom of the press and communication iv. (reedom of association, freedom of peaceful assembly v. Rights to privacy, reputation, and human dignity '. >emocratic Rights "ommonly e2ercised in a democratic state i. Right to vote and to participate in the electoral process ii. Right to participate in public or governmental affairs *. 6obility Rights &ational and international in character i. Right to travel ii. Right to return to one0s country iii. (reedom of movement within the country +. Right to 9ife, 9iberty, and Security of the 4erson

Stephanie Lu ette M. Macapa!a"Pa!e &

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Represent the core of fundamental rights which relate to the right to physical and personal integrity, consistent with human dignity i. Right to protection against political and other e2tra-udicial illings, the disappearances of persons, and torture and other cruel inhuman or degrading treatment or punishment ,. 9egal Rights "onstitute due process that can be invo ed by persons accused i. (reedom from arbitrary arrest and detention ii. 4rotection against unreasonable search and sei3ure iii. Right to counsel iv. Right to fair and public trial v. 4resumption of innocence vi. Right against self-incrimination .. Rights of :quality Also nown as the right against discrimination :veryone is equal before the law and is entitled to equal protection or the equal benefit of the law i. 4rotection against discrimination on the grounds of se2, race, religion, ethnic origin, age, marital status, and political and social condition 1. :conomic, Social and "ultural Rights "onsidered more of standards to be observed by the state i. Right to social security, social insurance, protection and assistance to the family ii. Right to an adequate standard of living, adequate food, clothing and housing iii. Right to physical and mental health iv. Right to education v. Right to be part of the artistic and scientific life of the country ;. )or ers0 Rights Stephanie Lu ette M. Macapa!a"Pa!e '

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

i. Right to association ii. Right to organi3e unions iii. Right to bargain collectively iv. 4rohibition of forced labor v. 4rohibition of employment of children vi. 5uarantee of minimum wages and other support A. Aboriginal Rights Associated with the rights of indigenous cultural tribes or communities $B. Reproductive Rights i. Right to found a family and bear children ii. Right to gender sensitivity and the biomedical technology iii. Right to family planning $$. 4rotective Rights of 4ersons in Armed "onflicts 4rovided in the international humanitarian law for the protection of children, women and non-combatants during internal armed conflicts $'. Right of Self-determination i. Right of people to be free from colonial rule ii. Right of people to decide their own destiny $*. 6inority 5roup Rights i. 4rotection of ethnic, linguistic and religious minorities 9aguna 9a e >evelopment Authority v. "A, '*$ S"RA 'A' (acts# A letter-complaint was filed with the 9aguna 9a e >evelopment Authority <99>A=, see ing to stop the operation of the open garbage dumpsite in the Tala :state in "aloocan, due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area. %t was discovered that the open dumpsite did not have an :nvironmental "ompliance "ertificate from the :nvironmental 6anagement !ureau of the >epartment of :nvironmental and &atural Resources, as required under 4residential >ecree &o. $,;., and a clearance from the 99>A as required under Republic Act &o. +;,B. The 99>A then conducted an on-site investigation, monitoring and test sampling of the leachate that seeps from the said dumpsite to the nearby cree which is a tributary of the 6arilao river. The leachate testing revealed the presence of bacteria. As a result, the 99>A issued a "ease and Stephanie Lu ette M. Macapa!a"Pa!e (

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

>esist Crder ordering that the dumping of any form or ind of garbage and other waste matter at the "aloocan dumpsite be completely stopped. )hen tal s on the dumpsite failed to settle the problem, the dumpsite was opened again, prompting the 99>A to issue another "ease and >esist Crder. Thereafter, the 99>A, with the assistance of the 4hilippine &ational 4olice, enforced the Crder by prohibiting the entry of all garbage dump truc s into the "aloocan dumpsite. The "ity 5overnment of "aloocan then filed with the RT" of "aloocan "ity an action for the declaration of nullity of the "ease and >esist Crder, and sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in "aloocan "ity to a balanced ecology within its territorial -urisdiction. %ssues and Rulings# $. >oes the 99>A have the authority to entertain the complaint against the dumping of garbage in the open dumpsite in "aloocan authori3ed by its "ity 5overnment which is allegedly endangering the health, safety, and welfare of the residents therein and the sanitation and quality of the water in the area brought about by e2posure to pollution caused by such open garbage dumpsiteD E:S. The 99>A0s -urisdiction was validly invo ed on the basis of the allegation that the open dumpsite of the "ity 5overnment of "aloocan was underta en without a clearance from the 99>A, as required by RA +;,B. As a general rule, the ad-udication of pollution cases generally pertains to the 4ollution Ad-udication !oard, e2cept in cases where the special law provides for another forum. %t must be recogni3ed that in this regard that the 99>A, by virtue of its special charter, obviously has the responsibility to protect the inhabitants of the 9aguna 9a e region from the deleterious effects of pollutants emanating from the discharges of wastes from the surrounding areas. %n carrying out the national policy of promoting and accelerating the development and balanced growth of the 9aguna 9a e area and the surrounding provinces of Ri3al and 9aguna and the cities of San 4ablo, 6anila, 4asay, Fue3on and "aloocan with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological systems, and the prevention of undue ecological disturbances, deterioration and pollution, the 99>A is mandated, among others, to pass upon and approve or disapprove all plans, programs, and pro-ects proposed by local government offices?agencies within the region, public corporations, and private persons or enterprises where such plans, programs, and?or pro-ects are related to those of the 99>A for the development of the region. '. >oes the 99>A have the power and authority to issue a "ease and >esist Crder to en-oin the dumping of garbage in the Tala :stateD E:S. Although the 99>A was not e2pressly conferred the power to issue an ex parte cease and desist order in e2press terms, the 99>A0s issuance of one, as a practical matter of procedure under the circumstances of the case, is a proper e2ercise of its power and authority under its charter and its amendatory laws. The provision which empowers the 99>A to instituted necessary legal proceedings against any person who shall commence to implement or continue implementation of any pro-ect, plan or program within the 9aguna de !ay region without previous clearance from the 99>A was designed to invest the 99>A with sufficiently Stephanie Lu ette M. Macapa!a"Pa!e )

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

broad powers in the regulation of all pro-ects initiated in the 9aguna 9a e region, whether by the government or the private sector, insofar as the implementation of these pro-ects is concerned. 6oreover, Section $. of Article %% of the $A;1 "onstitution states that# 7The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.8 As a constitutionally guaranteed right of every person, it carries the correlative duty of non-impairment. This is but in consonance with the declared policy of the state 7to protect and promote the right to health of the people and instill health consciousness among them.8 %t is to be borne in mind that the 4hilippines is party to the /niversal >eclaration of Human Rights and the Alma "onference >eclaration of $A1; which recogni3e health as a fundamental human right. The 99>A0s charter is but a response to the demands of 7the necessities of protecting vital public interests8 which gives vitality to the abovementioned state policies and principles.

Stephanie Lu ette M. Macapa!a"Pa!e *

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS History Human rights were asserted by the citi3ens against tyrannical governments. They arose from the struggle of man against in-ustices of despotic rulers. The struggle for the respect of human rights was originally a domestic or national issue. The atrocities committed on masses of people during )orld )ar %% have convinced international -urists that the protection of human rights should be an international concern. o o Respect for human rights mainly concerns individuals without distinction as to nationality or citi3enship. Giolation of human rights are offenses without borders.

Theories of Sources of Rights# $. Religious?Theological Approach o A basis of human rights theory stemming from a law higher than the state and whose source is the Supreme !eing. o o o Human rights are not concessions granted by human institutions or states, or any international organi3ation as they are 5od-given rights.

"entral to the doctrines of all religions is the concept of dignity of man as a consequence of human rights. The divine source gives human beings a high value of worth. The belief of a universal common creation means a common humanity and consequently universal, basic and fundamental rights. And since rights come from a divine source, they are inalienable and cannot be denied by mortal beings. "riticism# Some religions impose so many restrictions on individual freedom@ some religions even tolerate slavery, discrimination against women, and imposition of the death penalty

'. &atural 9aw Theory o o Criginated from the Stoics and elaborated by 5ree philosophers and later by ancient Roman law -urists. 4erceives that the conduct of men must always conform to the law of nature.

Stephanie Lu ette M. Macapa!a"Pa!e +

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

o o

&atural law embodies those elementary principles of -ustice which were right reason, i.e., in accordance with nature, unalterable, eternal. 4hilosophers# Thomas Aquinas H considered natural law as the law of right reason in accordance with the law of 5od, commonly nown as the scholastic natural law Hugo 5rotius H the natural characteristics of human beings are the social impulse to live peacefully and in harmony with others whatever conformed to the nature of men as natural human beings was right and -ust@ whatever is disturbing to social harmony is wrong and un-ust Iohn 9oc e H envisioned human beings in a state of nature, where they en-oyed life, liberty and property which are deemed natural rights

o o

!ecame the basis of the natural rights of man against oppressive rulers &uremberg Trials H rationale for finding the &a3is guilty# the crimes committed were offenses against humanity and there is no need of a law penali3ing the acts

*. 4ositivist Theory?9egal 4ositivism o o o o All rights and authority come from the state and what officials have promulgated. The only law is what is commanded by the sovereign. The source of human rights is to be found only in the enactment of a law with sanctions attached. A right is en-oyed only if it is recogni3ed and protected by legislation promulgated by the state.

+. Historical Theory o Advocates that human rights are not deliberate creation or the effort of man but they have already e2isted through the common consciousness of the people of what is right and -ust. Human rights e2ist through gradual, spontaneous and evolutionary process without any arbitrary will of any authority.

,. Theory of 6ar2ism o :mphasi3es the interest of society over an individual man0s interest. %ndividual freedom is recogni3ed only after the interest of society is served.

Stephanie Lu ette M. Macapa!a"Pa!e #,

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

o o

"oncerned with economic and social rights over civil or political rights of community. Referred to as 7parental8 with the political body providing the guidance in value choice. !ut the true choice is the government set by the state

.. (unctional?Sociological Approach o o Human rights e2ist as a means of social control, to serve the social interests of society. 9ays emphasis of obtaining a -ust equilibrium of multifarious interests among prevailing moral sentiments and the social and economic conditions of the time and place.

1. /tilitarian Theory o o o o o o See s to define the notion of rights in terms of tendencies to promote specified ends such as common good. :very human decision was motivated by some calculation of pleasure and pain. The goal is to promote the greatest happiness of the greatest number. :veryone is counted equally, but not treated equally. Requires the government to ma2imi3e the total net sum of citi3ens. An individual cannot be more important than the entire group. A man cannot simply live alone in disregard of his impulse to society. The composite society of which the individual is a unit has on its own wants, claims and demands. An act is good only when it ta es into consideration the interests of the society and tends to augment the happiness of the entire community.

;. Theory !ased on >ignity of 6an?4olicy Science Approach o o o o Human rights means sharing values of all identified policies upon which human rights depend on. The most important values are respect, power, nowledge, health, and security. The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. All available resources are utili3ed to the ma2imum and the protection of human dignity is recogni3ed.

A. Theories of Iustice Stephanie Lu ette M. Macapa!a"Pa!e ##

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

o o o o

:ach person possesses inviolability founded on -ustice. The rights secured for -ustice are not sub-ect to political bargaining or to social interests. :ach person has equal rights to the whole system of liberties. There is no -ustice in a community where there are social and economic inequalities. The general conception of -ustice is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to be distributed equally.

$B. Theory !ased on :quality and Respect of Human >ignity o o The recognition of individual rights in the en-oyment of the basic freedoms such as freedom of speech, religion, assembly, fair trial and access to courts. 5overnments must treat all their citi3ens equally. (or this purpose, the government must intervene in order to advance general welfare.

Crigin of Human Rights in the 4hilippines 'B Iune $;AA H 6alolos "onstitution# contained several provisions on civil and political rights $AB' H 4hilippine !ill of $AB' $A$. H 4hilippine Autonomy Act of $A$.?Iones 9aw $A*+ H 4hilippine %ndependence Act of $A*+?Tydings-6c>uffee 9aw $A*, H (irst 4hilippine "onstitution# contained !ill of Rights $A1* H Second 4hilippine "onstitution $A;* H 4resent 4hilippine "onstitution (rom $A+' to $A++, the (ilipinos were temporarily deprived of the en-oyment of the civil and political rights during the military rule of Iapan. !ut these were immediately restored in $A+,. The (ilipinos were again sub-ected to violation of human rights during the authoritarian rule of 4resident 6arcos, which was terminated during the (ebruary $A;. revolution. Human Rights %nstruments to which The 4hilippines is a Signatory# $. %nternational "ovenant of :conomic, Social and "ultural Rights <1 Iune $A1+= '. %nternational "ovenant on "ivil and 4olitical Rights <'* Cctober $A;.= *. Cptional 4rotocol %nternational "ovenant on "ivil and 4olitical Rights <'' August $A;A= Stephanie Lu ette M. Macapa!a"Pa!e #$

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

+. %nternational "onvention on the :limination of All (orms of Racial >iscrimination <$, September $A1.= ,. %nternational "onvention on the Suppression and 4unishment of the "rime of Apartheid <'1 Iuly $A;1= .. %nternational "onvention against Apartheid <'1 Iuly $A;1= 1. %nternational "onvention on the :limination of All (orms of >iscrimination Against )omen <, August $A;$= ;. "onvention on the 4olitical Rights of )omen <$' September $A,1= A. "onvention on the Rights of the "hild <'$ August $AAB= $B. Slavery "onvention of $A'. <$' Iuly $A,,= $$. 4rotocol Amending the Slavery "onvention <$1 &ovember $A.,= $'. Supplementary "onvention on the Abolition of Slavery, the Slave Trade and %nstitutions and 4ractices <$1 &ovember $A.,= $*. "onvention on the Suppression of the Traffic ing of 4ersons and the :2ploitation of Cthers <$A September $A,'= $+. "onvention against Torture and other "ruel, %nhuman, or >egrading Treatment or 4unishment <$; Iune $A;.= $,. The "onvention on the "onsent to 6arriage, 6inimum Age for 6arriage and Registration of 6arriage <'$ Ianuary $A.,= $.. %nternational "onvention on the 4rotection of All 6igrant )or ers and 6embers of their (amilies <$* &ovember $AA*= $1. "onvention on the &ationality of 6arried )omen $;. "onvention on the Status of Stateless 4ersons <'' Iune $A,,= $A. "onvention Relating to the Status of Refugees <'' Iuly $A;$= 'B. "onvention on the 4revention and the 4unishment of the "rime of 5enocide <1 Iuly $A,B= '$. "onvention on &on-applicability of Statutory 9imitation on )ar "rimes and "rimes Against Humanity <$, 6ay $A1*= ''. 4rotocol Additional to the 5eneva "onvention of $' August $A+A, Relating to the 4rotection of Gictims of &on-%nternational Armed "onflicts <4rotocol %%= <$$ Iuly $A;1= The 4hilippine "ommission on Human Rights Stephanie Lu ette M. Macapa!a"Pa!e #%

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

"reation# 6andated by the $A;1 "onstitution@ formally constituted by 4resident Aquino0s :2ecutive Crder &o. $.* "omposition and Fualifications# Cne "hairman and four 6embers, who must be natural-born citi3ens of the 4hilippines and a ma-ority of whom shall be members of the !ar <Section $1, Art. J%%%, $A;1 "onstitution= 4owers and (unctions# <Section $;, Art. J%%%, $A;1 "onstitution= <$= %nvestigate, 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 "ourt@ <*= 4rovide appropriate legal measures for the protection of human rights of all persons within the 4hilippines, as well as (ilipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection@ <+= :2ercise visitorial powers over -ails, prisons, or detention facilities@ <,= :stablish a continuing program of research, education, and information to enhance respect for the primacy of human rights@ <.= Recommend to "ongress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families@ <1= 6onitor the 4hilippine 5overnment0s compliance with international treaty obligations on human rights@ <;= 5rant 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@ <A= Request the assistance of any department, bureau, office, or agency in the performance of its functions@ <$B= Appoint its officers and employees in accordance with law@ and <$$=4erform such other duties and functions as may be provided by law. "ariKo v. "ommission on Human Rights, 'B+ S"RA +;* (acts# (or -oining the concerted mass actions of public teachers and for failure to heed the return-to-wor order issued by >:"S Secretary "ariKo, eight teachers from the Ramon 6agsaysay High School, namely 5raciano !udoy, Iulieta !abaran, :lsa %babao, Helen 9upo, Amparo 5on3ales, 9u3 del "astillo, :lsa Reyes and Apolinario :sber were administratively Stephanie Lu ette M. Macapa!a"Pa!e #&

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

charged, preventively suspended for AB days, and temporarily replaced. The said eight teachers, led by their counsel, subsequently staged a wal out signifying their intent to boycott the proceedings. Thereafter, Secretary "ariKo rendered a decision ordering the dismissal from service of :sber, and the A-month suspensions of !abaran, !udoy, and del "astillo. The eight teachers then complained to the "ommission on Human Rights on the ground that they were denied due process. Secretary "ariKo filed a motion to dismiss with the "HR on the ground that the "HR had no -urisdiction over the case. %ssue and Ruling# #. )?& the "HR has the power under the "onstitution to try and decide, or hear and determine, certain specific type of cases, li e alleged human rights violations involving civil or political rights. &C. The "HR was not meant by the "onstitution to be another court or quasi--udicial agency in this country. The most that may be conceded to the "HR in the way of ad-udicative power is that it may investigate, i.e., receive evidence and ma e findings of fact as regards claimed human rights violations involving civil and political rights. (act finding is not ad-udication, and cannot be li ened to the -udicial function of a court of -ustice, or even a quasi-udicial agency or official. The function of receiving evidence and ascertaining therefrom the facts of a controversy is not a -udicial function, properly spea ing. To be considered such, the faculty of receiving evidence and ma ing factual conclusions in a controversy must be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be decided or determined authoritatively, finally and definitively, sub-ect to such appeals or modes of review as may be provided by law. This function, to repeat, the "ommission does not have. The "onstitution clearly and categorically grants to the "HR the power to investigate all forms of human rights violations involving civil and political rights. %t can e2ercise that power on its own initiative or complaint of any person. %t may e2ercise that power pursuant to such rules of procedure as it may adopt and, in cases of violations of said rules, cite for contempt in accordance with the Rules of "ourt. %n the course of any investigation conducted by it or under its authority, it may 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. %t may also request the assistance of any department, bureau, office, or agency in the performance of its functions, in the conduct of its investigation or in e2tending such remedy as may be required by its findings. !ut it cannot try and decide cases <or hear and determine causes= as courts of -ustice, or even quasi--udicial bodies do. To investigate is not to ad-udicate or ad-udge. )hether in the popular or in the technical sense, these terms have well understood and quite distinct meanings. Simon v. "ommission on Human Rights, ''A S"RA 1 (acts# A >emolition &otice was sent by the Cffice of the Fue3on "ity 6ayor to the officers and members of the &orth :>SA Gendors Association <&:GA=, which gave the latter three days to Stephanie Lu ette M. Macapa!a"Pa!e #'

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

vacate their stalls in order to give way to the 74eople0s 4ar .8 The &:GA, led by the 4resident Roque (ermo, filed a letter-complaint with the "HR, as ing that a letter be addressed to then 6ayor !rigido Simon, Ir. of Fue3on "ity to stop the demolition of their stalls, sari-sari stores, and carinderia along :>SA. The "HR subsequently issued an Crder directing the F" Cfficers to desist from demolishing the stalls and shanties at &orth :>SA pending resolution of the vendors0 complaint before the "ommission. &otwithstanding said Crder, the F" Cfficers carried out the demolition of the stalls, sarisari stores, and carinderia, prompting the "HR to order the disbursement of financial assistance of not more than 4'BB,BBB.BB in favor of the vendors to purchase light housing materials and food under the "HR0s supervision and again directed the F" Cfficers to desist from further demolition, with the warning that violation of said Crder would lead to a citation for contempt and arrest. The F" Cfficers filed a motion to dismiss, questioning the "HR0s -urisdiction. Subsequently, the "HR cited the F" Cfficers in contempt for carrying out further demolition on the stalls, sari-sari stores, and carinderia despite the order to desist, and imposed a fine of 4,BB.BB on each of them. %ssues and Ruling# $. )?& the "HR has -urisdiction to investigate the violation of the rights of those vendors whose stalls were demolished by the F" Cfficers at the instance and authority given by & 6ayor of F". &C. The order for the demolition of the stalls, sari-sari stores and carinderia of the vendors does not fall within the compartment of 7human rights violations involving civil and political rights8 intended by the "onstitution. '. )?& the "HR has -urisdiction to impose a fine of 4,BB.BB on each of the F" Cfficers. &C. Although the "HR is constitutionally authori3ed to adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of "ourt, and accordingly, the "HR 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 "ourt, the power to cite in contempt should be understood to apply only to violations of its adopted operational guidelines and rules of procedure essential to carry out its investigatorial powers. The order to desist is not investigatorial in character but prescinds from an ad-udicative power that it does not possess. &CT:# Human rights seems to closely identify with the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.

Stephanie Lu ette M. Macapa!a"Pa!e #(

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

THE INTERNATIONAL BILL OF HUMAN RIGHTS 6ain ob-ective of the /nited &ations# the recognition and respect of human rights 4urpose of the /&# the promotion and encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, se2, language, or religion The /& "harter contains at least seven articles on human rights# $. Article $*, which directs the 5eneral Assembly the tas of initiating studies and recommendations for the purpose of assisting in the reali3ation of human rights and fundamental freedom '. Article ,,<c=, which commits the /& to promote universal respect for an observance of human rights and fundamental freedoms *. Article ,., which provides for the clear legal obligation of all members to pledge themselves and ta e -oint and separate actions in cooperation with the /& for the advancement of the purposes set forth in Article ,,<c= +. Article .'<'=, which states that the :conomic and Social "ouncil may ma e recommendations for the purpose of promoting respect for an observance for human rights and fundamental freedom for all ,. Article 1., which mandates the Trusteeship System to encourage respect for the human rights and for fundamental freedom for all without distinction as to race, se2, language, or religion and to encourage recognition of the interdependence of the peoples of the world .. Article $B, which suggests to the 5eneral Assembly to discuss any matter within the scope of the "harter which may concern human rights 1. Article .A<'=, which provides that the :conomic and Social "ouncil, with the approval of the 5eneral Assembly, may perform services at the request of any member state !asis for the advisory services program on human rights such as providing e2perts or granting fellowships or organi3ing seminars &CT:# %n fine, every article in the /& "harter which refers to the purposes of the /& is deemed to include the promotion of human rights. /& "ommission on Human Rights (ormally established by the :conomic and Social "ouncil to assist in all matters relating in human rights "omposed of +* members Stephanie Lu ette M. Macapa!a"Pa!e #)

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

>eals with all aspects of human rights issues involving the participation of all sectors of the international committee /nderta es special tas s assigned to it by the 5eneral "ouncil, including the investigation of all allegations of human rights violations "oordinates activities relating to human rights through the /& System Sub-commissions of independent e2perts are elected and empowered to underta e studies and to ma e recommendations to prevent discrimination, protect minority rights and fundamental freedoms Special rapporteurs or wor ing groups are appointed to deal with special topics o o o o o o o o o >iscrimination in education, religion and the administration of -ustice The adverse consequences for human rights caused by political, military, economic and other forms of assistance to colonial and racist regimes The rights of ethnic, religious, and linguistic minorities %ssues related to self-determination The reali3ation of economic, social and cultural rights The rights of indigenous populations The new international economic order and the promotion of human rights The right to adequate food as a human right The e2ploitation of child labor

The >eclaration of Human Rights A mere declaration of norms to serve as a common standard of achievement for all nations /& did not direct its members to enforce them@ no sanctions or enforcement machinery was set up Article ,, of the /& "harter directs members to pledge themselves to the -oint and separate action in cooperation with the /& to achieve universal respect for an observance of human rights and fundamental freedoms Although it is not a legally binding document, most nations have recogni3ed the principles of the >eclaration which have gained moral weight and persuasion in the domestic offices

Stephanie Lu ette M. Macapa!a"Pa!e #*

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

%ts principles have been adopted in most state constitutions $. (reedom and :quality (irst eight articles emphasi3e that all human beings, without distinction, are born free and equal in dignity and rights Article $. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article '. :veryone is entitled to all the rights and freedoms set forth in this >eclaration, without distinction of any ind, such as race, color, se2, language, religion, political or other opinion, national or social origin, property, birth or other status. (urthermore, no distinction shall be made on the basis of the political, -urisdictional, or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article *. :veryone has the right to life, liberty, and security of person. Article +. &o one shall be held in slavery or servitude@ slavery and the slave trade shall be prohibited in all their forms. Article ,. &o one shall be sub-ected to torture or to cruel, inhuman or degrading treatment or punishment. Article .. :veryone has the right to recognition everywhere as a person before the law. Article 1. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this >eclaration and against any incitement to such discrimination. Article ;. :veryone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. '. 9iberty, Security, and Recognition of 4ersons Article +, supra. Article ,, supra. Article ., supra. Article 1, supra. Article A. &o one shall be sub-ected to arbitrary arrest, detention or e2ile. Article $B. :veryone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Stephanie Lu ette M. Macapa!a"Pa!e #+

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Article $$. <$= :veryone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. <'= &o one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. &or shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed. Article $'. &o one shall be sub-ected to arbitrary interference with his privacy, family, home or correspondence, nor to attac s upon his honor and reputation. :veryone has the right to the protection of the law against such interference or attac s. Article $+. <$= :veryone has the right to see and en-oy in other countries asylum from persecution. <'= This right may not be invo ed in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the /nited &ations.

*. Right to 4rivacy Article $', supra. Article $*. <$= :veryone has the right to freedom of movement and residence within the borders of each state. <'= :veryone has the right to leave any country, including his own, and to return to his country.

+. &ationality and the (amily Article $,. <$= :veryone has the right to a nationality. <'= &o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article $..

Stephanie Lu ette M. Macapa!a"Pa!e $,

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<$= 6en and women of full age, without any limitation due to race, nationality or religion, have the right to marry and found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. <'= 6arriage shall be entered into only with the free and full consent of the intending spouses. <*= The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

,. Right to Cwn 4roperty Cwnership of e2ternal goods assures a person a highly necessary sphere for the e2ercise of his personal and family autonomy and ought to be considered as an e2tension of human freedom. Article $1. <$= :veryone has the right to own property alone as well as in association with others <'= &o one shall be arbitrarily deprived of his property.

.. (reedom of Thought, "onscience, and Religion Article $;. :veryone has the right to freedom of thought, conscience and religion@ this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article $A. :veryone has the right to freedom of opinion and e2pression@ this right includes freedom to hold opinions without interference and to see , receive and impart information and ideas through any media and regardless of frontiers. 1. :conomic, Social, and "ultural Rights Article ''. :veryone, as a member of society, has the right to social security and is entitled to reali3ation, through national effort and international cooperation and in accordance with the organi3ation and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article '*. <$= :veryone has the right to wor , to free choice of employment, to -ust and favorable conditions of wor and to protection against unemployment. <'= :veryone, without any discrimination, has the right to equal pay for equal wor . Stephanie Lu ette M. Macapa!a"Pa!e $#

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<*= :veryone who wor s has the right to -ust and favorable remuneration ensuring for himself and his family an e2istence worthy of human dignity, and supplemented, if necessary, by other means of social protection. <+= :veryone has the right to form and -oin trade unions for the protection of his interests. Article '+. :veryone has the right to rest and leisure, including reasonable limitation of wor ing hours and periodic holidays with pay. Article ',. <$= :veryone has a right to a standard of living himself and of his family, including food, necessary social services, and the right to sic ness, disability, widowhood, old age or beyond his control. adequate for the health and well-being of clothing, housing and medical care and security in the event of unemployment, other lac of livelihood in circumstances

<'= 6otherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedloc , shall en-oy the same social protection.

;. Rights to :ducation and "ultural >evelopment Article '.. <$= :veryone has the right to education. :ducation shall be free, at least in the elementary and fundamental stages. :lementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. <'= :ducation shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. %t shall promote understanding, tolerance, and friendship among all nations, racial or religious groups, and shall further the activities of the /nited &ations for the maintenance of peace. <*= 4arents have a prior right to choose the ind of education that shall be given to their children. Article '1. <$= :veryone has the right freely to participate in the cultural life of the community, to en-oy the arts and to share in scientific advancement and its benefits. <'= :veryone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.

A. >evelopment of 4ersonality Stephanie Lu ette M. Macapa!a"Pa!e $$

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Article ';. :veryone is entitled to a social and international order in which the rights and freedoms set forth in this >eclaration can be fully reali3ed. Article 'A. <$= :veryone has duties to the community in which alone the free and full development of his personality is possible. <'= %n the e2ercise of his rights and freedoms, everyone shall be sub-ect only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the -ust requirements of morality, public order and the general welfare in a democratic society. <*= These rights and freedoms may in no case be e2ercised contrary to the purposes and principles of the /nited &ations. Article *B. &othing in this >eclaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. $B. Cther Rights Article 'B. <$= :veryone has the right to freedom of peaceful assembly and association. <'= &o one may be compelled to belong to an association. Article '$. <$= :veryone has the right to ta e part in the government of his country, directly or through freely chosen representatives. <'= :veryone has the right of equal access to public service in his country. <*= The will of the people shall be the basis of the authority of government@ this will shall be e2pressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. The %nternational !ill of Human Rights "omposed of $. The %nternational "ovenant on :conomic, Social and "ultural Rights <%":S"R= '. The %nternational "ovenant on "ivil and 4olitical Rights <%""4R= *. The /niversal >eclaration of Human Rights

Stephanie Lu ette M. Macapa!a"Pa!e $%

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

The %":S"R and the %""4R are legally binding on the States that ratify them. 6echanisms through which the %":S"R and the %""4R are enforced# o o %":S"R H "ommittee on :conomic, Social, and "ultural Rights reviews the States 4arties programs %""4R H Human Rights "ommittee, an independent body of e2perts

Hindrances in the %mplementation of Human Rights %nstruments $. Authoritarian regimes headed by dictators and ruthless leaders '. Article ', par. 1 of the /& "harter, which states that# 7&othing contained in the present "harter shall authori3e the /nited &ations to intervene in matters which are essentially within the domestic -urisdiction of any state or shall require the 6embers to submit such matters to settlement under the present "harter@ but this principle shall not pre-udice the application of enforcement measures under "hapter G%%.8 *. 4rovisions in international treaties that are not self-e2ecuting They cannot be applied unless implementing local legislations are enacted +. :conomic, social and cultural rights have no fi2ed and well-defined forum to redress violations ,. Human rights violations are rarely reported

Stephanie Lu ette M. Macapa!a"Pa!e $&

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

REPUBLIC ACT NO. 9851 AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES !e it enacted by the Senate and House of Representatives of the 4hilippines in "ongress assembled# CHAPTER I INTRODUCTORY PROVISIONS Se !"#$ 1. Short Title. - This Act shall be nown as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity". Se !"#$ %. Declaration of Principles and State Policies. <a= The 4hilippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of peace, equality, -ustice, freedom, cooperation and amity with all nations. <b= The state values the dignity of every human person and guarantees full respect for human rights, including the rights of indigenous cultural communities and other vulnerable groups, such as women and children@ <c= %t shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in order to promote the goal of L"hildren as Mones of 4eaceL@ <d= The state adopts the generally accepted principles of international law, including the Hague "onventions of $AB1, the 5eneva "onventions on the protection of victims of war and international humanitarian law, as part of the law our nation@ <e= The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by ta ing measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the duty of every State to e2ercise its criminal -urisdiction over those responsible for international crimes@ <f= The State shall guarantee persons suspected or accused of having committed grave crimes under international law all rights necessary to ensure that their trial will be fair and prompt in strict accordance with national and international law and standards for fair trial, %t shall also protect victims, witnesses and their families, and provide appropriate redress to victims and their families, %t shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict, and Stephanie Lu ette M. Macapa!a"Pa!e $'

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<g=The State recogni3es that the application of the provisions of this Act shall not affect the legal status of the parties to a conflict, nor give an implied recognition of the status of belligerency CHAPTER II DEFINITION OF TERMS Se !"#$ &. For purposes of this Act, the term: <a= LApartheidN means inhumane acts committed in the conte2t of an institutionali3ed regime of systematic oppression and domination by one racial group or groups and committed with the intention of maintaining that regime <b= LArbitrary deportation or forcible transfer of populationL means forced displacement of the persons concerned by e2pultion by e2pulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under domestic or international law. <c= LArmed conflictL means any use of force or armed violence between States or a protracted armed violence between governmental authorities and organi3ed armed groups or between such groups within that State# 4rovided, That such force or armed violence gives rise, or may give rise, to a situation to which the 5eneva "onventions of $' August $A+A, including their common Article *, apply. Armed conflict may be international, that is, between two <'= or more States, including belligerent occupation@ or non-international, that is, between governmental authorities and organi3ed armed groups or between such groups within a state. %t does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature. <d= LArmed forcesL means all organi3ed armed forces, groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be sub-ect to an internal disciplinary system which enforces compliance with %nternational Humanitarian 9aw <e= LAttac directed against any civilian populationL means a course of conduct involving the multiple commission of acts referred to in Section . of this Act against any civilian population, pursuant to or in furtherance of a State or organi3ational policy to commit such attac . <f= L:ffective command and controlL or L effective authority and controlL means having the material ability to prevent and punish the commission of offenses by subordinates. <g= L:nforced or involuntary disappearance of personsL means the arrest, detention, or abduction of persons by, or with the authori3ation support or acquiescence of, a State or a political organi3ation followed by a refusal to ac nowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing from the protection of the law for a prolonged period of time

Stephanie Lu ette M. Macapa!a"Pa!e $(

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<h= L:nslavementL means the e2ercise of any or all of the powers attaching to the right of ownership over a person and includes the e2ercise of such power in the course of traffic ing in persons, in particular women and children. <i= L:2terminationL means the international infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of a part of a population. <-= L (orced pregnancyL means the unlawful confinement of a women to be forcibly made pregnant, with the intent of affecting the ethnic composition of any population carrying out other grave violations of international law. < = LHors de Combat" means a person who# <$= is in the power of an adverse party@ <'= has clearly e2pressed an intention to surrender@ or <*= has been rendered unconscious or otherwise incapacitated by wounds or sic ness and therefore is incapable of defending himself# 4rovided, that in any of these cases, the person form any hostile act and does not attempt to escape. <l= L6ilitary necessityL means the necessity of employing measures which are indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by %nternational Humanitarian 9aw <m= L&on-defended localityL means a locality that fulfills the following conditions# <$= all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated@ <'= no hostile use of fi2ed military installations or establishments must have been made@ <*= no acts of hostility must have been committed by the authorities or by the population@ and <+= no activities in support of military operations, must have been underta en. <n= L&o quarter will be givenN means refusing to spare the life of anybody, even of persons manifestly unable to defend themselves or who clearly e2press their intention to surrender. <o= L4erfidyL means acts which invite the confidence of an adversary to lead him?her to believe he?she is entitled to, or is obliged to accord, protection under the rules of %nternational Humanitarian 9aw, with the intent to betray that confidence, including but not limited to# <$= feigning an intent to negotiate under a flag of truce@ Stephanie Lu ette M. Macapa!a"Pa!e $)

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<'= feigning surrender@ <*= feigning incapacitation by wounds or sic ness@ <+= feigning civilian or noncombatant status@ and <,= feigning protective status by use of signs, emblems or uniforms of the /nited &ations or of a neutral or other State not party to the conflict. <p= L4ersecutionL means the international and severe deprivation of fundamental rights contrary to international law by reason of identity of the group or collectivity. <q= L4rotect personL in an armed conflict means# <$= a person wounded, sic or shipwrec ed, whether civilian or military@ <'= a prisoner of war or any person deprived of liberty for reasons related to an armed conflict@ <*= a civilian or any person not ta ing a direct part or having ceased to ta e part in the hostilities in the power of the adverse party@ <+= a person who, before the beginning of hostilities, was considered a stateless person or refugee under the relevant international instruments accepted by the parties to the conflict concerned or under the national legislation of the state of refuge or state of residence@ <,= a member of the medical personnel assigned e2clusively to medical purposes or to the administration of medical units or to the operation of or administration of medical transports@ or <.= a member of the religious personnel who is e2clusively engaged in the wor of their ministry and attached to the armed forces of a party to the conflict, its medical units or medical transports, or non-denominational, noncombatant military personnel carrying out functions similar to religious personnel. <r= L SuperiorL means# <$= a military commander or a person effectively acting as a military commander@ or <'= any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior. <s= LTortureL means the intentional infliction of severe pain or suffering, whether physical, mental, or psychological, upon a person in the custody or under the control of the accused@ e2cept that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

Stephanie Lu ette M. Macapa!a"Pa!e $*

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<t= L)or s and installations containing dangerous forcesL means wor s and installations the attac of which may cause the release of dangerous forces and consequent severe losses among the civilian population, namely# dams, di es, and nuclear, electrical generation stations. CHAPTER III CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY Se !"#$ '. ar Crimes. - (or the purpose of this Act, Lwar crimesL or Lcrimes against %nterntional Human Humanitarian 9awL means# <a= %n case of an international armed conflict , grave breaches of the 5eneva "onventions of $' August $A+A, namely, any of the following acts against persons or property protected under provisions of the relevant 5eneva "onvention# <$= )illful illing@ <'= Torture or inhuman treatment, including biological e2periments@ <*= )illfully causing great suffering, or serious in-ury to body or health@ <+= :2tensive destruction and appropriation of property not -ustified by military necessity and carried out unlawfully and wantonly@ <,= )illfully depriving a prisoner of war or other protected person of the rights of fair and regular trial@ <.= Arbitrary deportation or forcible transfer of population or unlawful confinement@ <1= Ta ing of hostages@ <;= "ompelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power@ and <A= /n-ustifiable delay in the repatriation of prisoners of war or other protected persons. <b= %n case of a non-international armed conflict, serious violations of common Article * to the four <+= 5eneva "onventions of $' August $A+A, namely , any of the following acts committed against persons ta ing no active part in the hostilities, including member of the armed forces who have laid down their arms and those placed hors de combat by sic ness, wounds, detention or any other cause@ <$= Giolence to life and person, in particular, willful illings, mutilation, cruel treatment and torture@ <'= "ommitting outrages upon personal dignity, in particular, humiliating and degrading treatment@ Stephanie Lu ette M. Macapa!a"Pa!e $+

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<*= Ta ing of hostages@ and <+= The passing of sentences and the carrying out of e2ecutions without previous -udgment pronounced by a regularly constituted court, affording all -udicial guarantees which are generally recogni3ed as indispensable. <c= Cther serious violations of the laws and customs applicable in armed conflict, within the established framewor of international law, namely# <$= %nternationally directing attac s against the civilian population as such or against individual civilians not ta ing direct part in hostilities@ <'= %ntentionally directing attac s against civilian ob-ects, that is, ob-ect which are not military ob-ectives@ <*= %ntentionally directing attac s against buildings, material, medical units and transport, and personnel using the distinctive emblems of the 5eneva "onventions or Additional 4rotocol %%% in conformity with intentional law@ <+= %ntentionally directing attac s against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peace eeping mission in accordance with the "harter of the /nited &ations, as ling as they are entitled to the protection given to civilians or civilian ob-ects under the international law of armed conflict@ <,= 9aunching an attac in the nowledge that such attac will cause incidental loss of life or in-ury to civilians or damage to civilian ob-ects or widespread, longterm and severe damage to the natural environment which would be e2cessive in relation to the concrete and direct military advantage anticipated@ <.= 9aunching an attac against wor s or installations containing dangerous forces in the nowledge that such attac will cause e2cessive loss of life, in-ury to civilians or damage to civilian ob-ects, and causing death or serious in-ury to body or health . <1= Attac ing or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military ob-ectives, or ma ing non-defended localities or demilitari3ed 3ones the ob-ect of attac @ <;= Oilling or wounding a person in the nowledge that he?she is hors de combat, including a combatant who, having laid down his?her arms or no longer having means of defense, has surrendered at discretion@ <A= 6a ing improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or of the /nited &ations, as well as of the distinctive emblems of the 5eneva "onventions or other protective signs under %nternational Humanitarian 9aw, resulting in death, serious personal in-ury or capture@

Stephanie Lu ette M. Macapa!a"Pa!e %,

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<$B= %ntentionally directing attac s against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sic and wounded are collected, provided they are not military ob-ectives. %n case of doubt whether such building or place has been used to ma e an effective contribution to military action, it shall be presumed not to be so used@ <$$= Sub-ecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific e2periments of any ind, or to removal of tissue or organs for transplantation, which are neither -ustified by the medical, dental or hospital treatment of the person concerned nor carried out in his?her interest, and which cause death to or seriously endanger the health of such person or persons@ <$'= Oilling, wounding or capturing an adversary by resort to perfidy@ <$*= >eclaring that no quarter will be given@ <$+= >estroying or sei3ing the enemyNs property unless such destruction or sei3ure is imperatively demanded by the necessities of war@ <$,= 4illaging a town or place, even when ta en by assault@ <$.= Crdering the displacements of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand@ <$1= Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory@ <$;= "ommiting outrages upon personal dignity, in particular, humiliating and degrading treatments@ <$A= "ommiting rape, se2ual slavery, enforced prostitution, forced pregnancy, enforced sterili3ation, or any other form of se2ual violence also constituting a grave breach of the 5eneva "onventions or a serious violation of common Article * to the 5eneva "onvensions@ <'B= /tili3ing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations@ <'$= %ntentionally using starvation of civilians as a method of warfare by depriving them of ob-ects indespensable to their survival, including willfully impeding relief supplies as provided for under the 5eneva "onventions and their Additional 4rotocols@ <''= %n an international armed conflict, compelling the nationals of the hostile party to ta e part in the operations of war directed against their own country, Stephanie Lu ette M. Macapa!a"Pa!e %#

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

even if they were in the belligerentNs service before the commencement of the war@ <'*= %n an international armed conflict, declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party@ <'+= "ommiting any of the following acts# <i= "onscripting, enlisting or recruiting children under the age of fifteen <$,= years into the national armed forces@ <ii= "onscripting, enlisting or recruiting children under the age of eighteen <$;= years into an armed force or group other than the national armed forces@ and <iii= /sing children under the age of eighteen <$;= years to participate actively in hostilities@ and <',= :mploying means of warfare which are prohibited under international law, such as# <i= 4oison or poisoned weapons@ <ii= Asphy2iating, poisonous or other gases, and all analogous liquids, materials or devices@ <iii= !ullets which e2pand or flatten easily in the human body, such as bullets with hard envelopes which do not entirely cover the core or are pierced with incisions@ and <iv= )eapons, pro-ectiles and material and methods of warfare which are of the nature to cause superfluous in-ury or unecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict. Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided under Section 1 of this Act. Se !"#$ 5. !enocide - <a= (or the purpose of this Act, LgenocideL means any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such# <$= Oilling members of the group@ <'= "ausing serious bodily or mental harm to members of the group@ <*= >eliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part@ Stephanie Lu ette M. Macapa!a"Pa!e %$

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<+= %mposing measures intended to prevent births within the group@ and <,= (orcibly transferring children of the group to another group. <b= %t shall be unlawful for any person to directly and publicly incite others to commit genocide. Any person found guilty of committing any of the acts specified in paragraphs <a= and <b= of this section shall suffer the penalty provided under Section 1 of this Act. Se !"#$ (. "ther Crimes A#ainst Humanit$. - (or the purpose of this act, Lother crimes against humanityL means any of the following acts when committed as part of a widespread or systematic attac directed against any civilian population, with nowledge of the attac # <a= )illful illing@ <b= :2termination@ <c= :nslavement@ <d= Arbitrary deportation or forcible transfer of population@ <e= %mprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law@ <f= Torture@ <g= Rape, se2ual slavery, enforced prostitution, forced pregnancy, enforced sterili3ation, or any other form of se2ual violence of comparable gravity@ <h= 4ersecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, se2ual orientation or other grounds that are universally recogni3ed as impermissible under international law, in connection with any act referred to in this paragraph or any crime defined in this Act@ <i= :nforced or involuntary disappearance of persons@ <-= Apartheid@ and < = Cther inhumane acts of a similar character intentionally causing great suffering, or serious in-ury to body or to mental or physical health. Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 1 of this Act. CHAPTER IV PENAL PROVISIONS

Stephanie Lu ette M. Macapa!a"Pa!e %%

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Se !"#$ ). Penalties. - Any person found guilty of committing any of the acts provided under Sections +, , and . of this Act shall suffer the penalty of reclusion temporal in its medium to ma2imum period and a fine ranging from Cne hundred thousand pesos <4hp $BB,BBB.BB= to (ive hundred thousand pesos <4hp ,BB,BBB.BB=. )hen -ustified by the e2treme gravity of the crime, especially where the commision of any of the crimes specified herein results in death or serious physical in-ury, or constitutes rape, and considering the individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from (ive hundred thousand pesos <4hp ,BB,BBB.BB= to Cne million pesos <4hp $,BBB,BBB.BB= shall be imposed. Any person found guilty of inciting others to commit genocide referred to in Section ,<b= of this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos <4hp $B,BBB.BB= to Twenty thousand pesos <4hp 'B,BBB.BB=. %n addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from that crime, without pre-udice to the rights of bona fide third <*rd= parties. The court shall also impose the corresponding accessory penalties under the Revised 4enal "ode, especially where the offender is a public officer. CHAPTER V SOME PRINCIPLES OF CRIMINAL LIABILITY Se !"#$ 8. %ndi&idual Criminal 'esponsibilities. - <a= %n addition to e2isting provisions in 4hilippine law on principles of criminal responsibility, a person shall be criminally liable as principal for a crime defined and penali3ed in this Act if he?she# <$= "ommits such a crime, whether as an individual, -ointly with another or through another person, regardless of whether that other person is criminally responsible@ <'= Crders, solicits or induces the commission of such a crime which in fact occurs or is attempted@ <*= %n any other way contributes to the commission or attempted commission of such a crime by a group of person acting with a common purpose. Such contribution shall be intentional and shall either# <i= be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime defined in this Act@ or <ii= be made in the nowledge of the intention of the group to commit the crime. <b= A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and penali3ed in this Act if he?she aids, abets or otherwise assists in its commission or attempted commission, including providing the means for its commission.

Stephanie Lu ette M. Macapa!a"Pa!e %&

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<c= A person shall be criminally liable for a crime defined and penali3ed in this Act if he?she attempts to commit such a crime by ta ing action that commences its e2ecution by means of a substantial step, but the crime does not occur because of circumstances independent of the personNs intention. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Act for the attempt to commit the same if he?she completely and voluntarily gave up the criminal purpose. Se !"#$ 9. %rrele&ance of "fficial Capacit$. - This Act shall apply equally to all persons without any distinction based on official capacity. %n particular, official capacity as a head of state or government, a member of a government or parliament, an elected representative or a government official shall in no case e2empt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However# <a= %mmunities or special procedural rules that may be attached to the official capacity of a person under 4hilippine law other than the established constitutional immunity from suit of the 4hilippine 4resident during his?her tenure, shall not bar the court from e2ercising -urisdiction over such a person@ and <b= %mmunities that may be attached to the official capacity of a person under international law may limit the application of this Act, nut only within the bounds established under international law. Se !"#$ 1*. 'esponsibilit$ of Superiors. - %n addition to other grounds of criminal responsibility for crimes defined and penali3ed under this Act, a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his?her effective command and control, or effective authority and control as the case may be, as a result of his?her failure to properly e2ercise control over such subordinates, where# <a= That superior either new or, owing to the circumstances at the time, should have nown that the subordinates were committing or about to commit such crimes@ <b= That superior failed to ta e all necessary and reasonable measures within his?her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. Se !"#$ 11. (on)prescription. - The crimes defined and penali3ed under this Act, their prosecution, and the e2ecution of sentences imposed on their account, shall not be sub-ect to any prescription. Se !"#$ 1%. "rders from a Superior. - The fact that a crime defined and penali3ed under this Act has been committed by a person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless all of the following elements occur# <a= The person was under a legal obligation to obey orders of the government or the superior in question@ <b= The person did not now that the order was unlawful@ and

Stephanie Lu ette M. Macapa!a"Pa!e %'

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

<c= The order was not manifestly unlawful. (or the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful. CHAPTER VI P+#!e !"#$ #, V" !"-. /$0 W"!$e..e. Se !"#$ 1&. Protection of *ictims and itnesses. - %n addition to e2isting provisions in 4hilippine law for the protection of victims and witnesses, the following measures shall be underta en# <a= The 4hilippine court shall ta e appropriate measures to protect the safety, physical and physiological well-being, dignity and privacy of victims and witnesses. %n so doing, the court shall have regard of all relevant factors, including age, gender and health, and the nature of the crime, in particular, but not limited to, where the crime involves se2ual or gender violence or violence against children. The prosecutor shall ta e such measures particularly during the investigation and prosecution of such crimes. These measures shall not be pre-udicial to or inconsistent with the rights of the accused and to a fair and impartial trial@ <b= As an e2ception to the general principle of public hearings, the court may, to protect the victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. %n particular, such measures shall be implemented in the case of the victim of se2ual violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly the views of the victim or witness@ <c= )here the personal interests of the victims are affected, the court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the court in manner which is not pre-udicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the court considers it appropriate in accordance with the established rules of procedure and evidence@ and <d= )here the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment of the security of a witness for his?her family, the prosecution may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be e2ercised in a manner which is not pre-udicial to or inconsistent with the rights of the accused and to a fair and impartial trial. Se !"#$ 1'. 'eparations to *ictims. - %n addition to e2isting provisions in 4hilippine law and procedural rules for reparations to victims, the following measures shall be underta en# <a= The court shall follow the principles relating to the reparations to, or in respect of, victims,including restitution, compensation and rehabilitation. Cn this basis, in its decision, the court may, wither upon request or on its own motion in e2ceptional

Stephanie Lu ette M. Macapa!a"Pa!e %(

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

circumstances, determine the scope and e2tent of any damage, loss and in-ury to, or in respect of, victims and state the principles on which it is acting@+a&&phi+ <b= The court may ma e an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation@ and <c= !efore ma ing an order under this section, the court may invite and shall ta e account of representations from or on behalf of the convicted person, victims or other interested persons. &othing in this section shall be interpreted as pre-udicing the rights of victims under national or international law. CHAPTER VII A112" /3"2"!4 #, I$!e+$/!"#$/2 L/5 /$0 O!6e+ L/5. Se !"#$ 15. Applicabilit$ of %nternational ,a-.- %n the application and interpretation of this Act, 4hilippine courts shall be guided by the following sources# <a= The $A+; 5enocide "onvention@ <b= The $A+A 5enava "onventions %-%G, their $A11 Additional 4rotocols % and %% and their 'BB, Additional 4rotocol %%%@ <c= The $A,+ Hague "onvention for the 4rotection of "ultural 4roperty in the :vent of Armed "onflict, its (irst 4rotocol and its $AAA Second 4rotocol@ <d= The $A;A "onvention on the Rights of the "hild and its 'BBB Cptional 4rotocol on the %nvolvement of "hildren in Armed "onflict@ <e= The rules and principles of customary international law@ <f= The -udicial decisions of international courts and tribunals@ <g= Relevant and applicable international human rights instruments@ <h= Cther relevant international treaties and conventions ratified or acceded to by the Republic of the 4hilippines@ and <i= Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of international law. Se !"#$ 1(. Suppletor$ Application of the 'e&ised Penal Code and "ther !eneral or Special ,a-s. - The provisions of the Revised 4enal "ode and other general or special laws shall have a suppletory application to the provisions of this Act.

Stephanie Lu ette M. Macapa!a"Pa!e %)

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

CHAPTER VII JURISDICTION Se !"#$ 1). .urisdiction.- The State shall e2ercise -urisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penali3ed in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met# <a= The accused is a (ilipino citi3en@ <b= The accused, regardless of citi3enship or residence, is present in the 4hilippines@ or <c= The accused has committed the said crime against a (ilipino citi3en. %n the interest of -ustice, the relevant 4hilippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or underta ing the prosecution of such crime. %nstead, the authorities may surrender or e2tradite suspected or accused persons in the 4hilippines to the appropriate international court, if any, or to another State pursuant to the applicable e2tradition laws and treaties. &o criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penali3ed in this Act if they have been tried by a competent court outside the 4hilippines in respect of the same offense and acquitted, or having been convicted, already served their sentence. Se !"#$ 18. Philippine Court, Prosecutors and %n&esti#ators. - The Regional Trial "ourt of the 4hilippines shall have original and e2clusive -urisdiction over the crimes punishable under this Act. Their -udgments may be appealed or elevated to the "ourt of Appeals and to the Supreme "ourt as provided by law. The Supreme "ourt shall designate special courts to try cases involving crimes punishable under this Act. (or these cases, the "ommission on Human Rights, the >epartment of Iustice, the 4hilippine &ational 4olice or other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be. The State shall ensure that -udges, prosecutors and investigators, especially those designated for purposes of this Act, receive effective training in human rights, %nternational Humanitarian 9aw and %nternational "riminal 9aw. CHAPTER I7 FINAL PROVISIONS Se !"#$ 19. Separabilit$ Clause. - %f, for any reason or reasons, any part or provision of this Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. Se !"#$ %*. 'epealin# Clause. ) All laws, presidential decrees and issuances, e2ecutive orders, rules and regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified accordingly.

Stephanie Lu ette M. Macapa!a"Pa!e %*

HUMAN RIGHTS under Atty. Principe, Midterms Reviewer

Se !"#$ %1. /ffecti&it$. - This Act shall ta e effect fifteen <$,= days after its complete publication in the "fficial !a0ette or in two <'= newspapers general circulation.

Stephanie Lu ette M. Macapa!a"Pa!e %+