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 makes man human. Basic Characteristics of Human Rights: 1 . I n h e r e n t Not granted by any person or authority 2.Fundamental Without them, the life and dignity of man will be meaningless 3. Inalienable Cannot be rightfully taken away from a free individual Cannot be given away or be forfeited 4.Imprescriptible Cannot be lost even if man fails to use or assert them, even by a long passage of time 5. Indivisible Not capable of being divided Cannot be denied even when other rights have already been enjoyed 6 U n i v e r s a l Applies irrespective of ones origin, status, or condition or place where one lives Rights can be enforced without national border

7. Interdependent The fulfillment or exercise of one cannot be had without the realization of the other

HUMAN RIGHTS PRINCIPLES: The dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his personality. A legitimate state should exist to assure that in the discharge of t h e g o v e r n m e n t a l functions, the dignity that is the birthright of every human being is duly safeguarded CLASSIFICATION OF RIGHTS: ACCORDING TO SOURCE 1. Natural Rights God-given rights, acknowledged by everybody to be morally good Unwritten, but prevail as norms of the society 2.Constitutional Rights Conferred and protected by the Constitution and which cannot be modified or taken away by the law-making body 3.Statutory Rights Those rights which are provided by law promulgated by the law-making body May be abolished by the body that created them ACCORDING TO RECIPIENT 1.Individual Rights Accorded to individuals 2.Collective Rights Also called peoples rights or solidarity rights Rights of the society, those that can be enjoyed only in company with others ACCORDING TO ASPECT OF LIFE 1.Civil Rights Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness -Partake of the nature of political rights when they are utilized as a m e a n s t o participate in the government 2.Political Rights Rights which enable us to participate in running the affairs of the government either directly or indirectly 3. Economic and Social Rights

Those which the law confers upon the people to enable them to achieve social and economic development.

4. Cultural 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 expression. ACCORDING TO STRUGGLE FOR RECOGNITION 1.First Generation Rights Civil and political rights which derives primarily from the 17 th and 18 th centuries reformist theories. Conceives of human rights more in negative (freedom from) than p o s i t i v e (rights to) terms Favors the abstention rather the intervention of government in the exercise of freedoms and in the quest for human dignity 2. Second Generation Rights Covers economic, social, and cultural rights which find their origin primarily inthe socialist tradition Conceives of human rights more in positive terms Fundamental claims to social equality 3.Third Generation Rights Covers collective rights According to Derogability 1.Absolute or Non-Derogable Rights Those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency and even if the government invokes national security 2.Derogable or Can-Be-Limited Rights May be suspended or restricted or limited depending on the circumstances which call for the preservation of social life MUST SATISFY THREE REQUIREMENTS FOR IT TO BE VALID :i.It is provided for by law which is made known to every citizen ;i i . T h e r e i s a s t a t e o f e m e r g e n c y w h i c h n e c e s s i t a t e s t h e u r g e n t p r e s e r v a t i o n of the public good, public safety, and public moral; iii.It does not exceed what is strictly necessary to achieve the p urpose. CATEGORIES OF HUMAN RIGHTS 1.Fundamental Freedom in Political Rights

i.Freedom of conscience and religion ii.Freedom of thought, belief, opinion and expression iii.Freedom of the press and communication iv.Freedom of association, freedom of peaceful assembly v.Rights to privacy, reputation, and human dignity 2. Democratic Rights Commonly exercised in a democratic state i.Right to vote and to participate in the electoral process ii.Right to participate in public or governmental affairs 3.Mobility Rights National and international in character i.Right to travel ii.Right to return to ones country iii.Freedom of movement within the country 4.Right to Life, Liberty, and Security of the Person Represent the core of fundamental rights which relate to the right to physical andpersonal integrity, consistent with human dignity i.Right to protection against political and other extrajudicial killings, thedisappearances of persons, and torture and other cruel inhuman o r degrading treatment or punishment 5.Legal Rights Constitute due process that can be invoked by persons accused i.Freedom from arbitrary arrest and detention ii.Protection against unreasonable search and seizure iii.Right to counsel iv.Right to fair and public trial v.Presumption of innocence vi.Right against self -incrimination 6.Rights of Equality Also known as the right against discrimination Everyone is equal before the law and is entitled to equal protection or the equal benefit of the law i.Protection against discrimination on the grounds of sex, race, r e l i g i o n , ethnic origin, age, marital status, and political and social condition 7.Economic, Social and Cultural Rights Considered more of standards to be observed by the state i.Right to social security, social insurance, protection and assistance to thefamily

ii.Right to an a d e q u a t e s t a n d a r d o f l i v i n g , a d e q u a t e f o o d , c l o t h i n g a n d 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 8.Workers Rights. i.Right to association ii.Right to organize unions iii.Right to bargain collectively iv.Prohibition of forced labor v.Prohibition of employment of children vi.Guarantee of minimum wages and other support 9.Aboriginal Rights Associated with the rights of indigenous cultural tribes or communities 10.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 11.Protective Rights of Persons in Armed Conflicts Provided in the international humanitarian law for the protection of children, women and non-combatants during internal armed conflicts 12.Right of Self-determination i.Right of people to be free from colonial rule ii.Right of people to decide their own destiny 13.Minority Group Rights i.Protection of ethnic, linguistic and religious minorities Laguna Lake Development Authority v. CA, 231 SCRA 292 Facts: A lettercomplaint was filed with the Laguna Lake Development Authority (LL D A ) , seeking to stop the operation of the open garbage dumpsite in the Tala Estate in Caloocan, due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area. It was discovered that the open dumpsite did not have an Environmental Compliance Certificate from the Environmental Management Bureau of the Department of Environmental and Natural Res ources, as required under Presidential Decree No. 1586, and a clearance from the LLDA as required under Republic Act No. 4850. The LLDA then conducted an on-site

investigation, monitoring and test sampling of the leachate that seeps f r o m t h e s a i d dumpsite to the nearby creek which is a tributary of the Marilao r i v e r . T h e leachate testing revealed the presence of bacteria. As a result, the LLDA issued a Cease and Desist Order ordering that the dumping of any form or kind of garbage and other waste matter at the Caloocan dumpsite be completely stopped. When talks on the dumpsite failed to settle the problem, the dumpsite was opened again, prompting the LLDA to issue another Cease andD e s i s t O r d e r . T h e r e a f t e r , t h e L L D A , w i t h t h e a s s i s t a n c e o f t h e P h ilippine National Police,enforced the Order by prohibiting the entry o f a l l g a r b a g e d u m p t r u c k s i n t o t h e C a l o o c a n dumpsite. The City Government of Caloocan then filed with the RTC of Caloocan City an action for the declaration of nullity of the Cease and Desist Order, and sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in Caloocan City to a balanced ecology within its territorial jurisdiction. Issues and Rulings: 1.Does the LLDA have the authority to entertain the complaint a g a i n s t t h e d u m p i n g o f garbage in the open dumpsite in Caloocan authorized by its City Government 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 exposure to pollution caused by such open garbage dumpsite? YES. The LLDAs jurisdiction was validly invoked on the basis of the allegation that the open dumpsite of the City Government of Calooca n was undertaken without a clearance from t h e L L D A , a s r e q u i r e d b y R A 4 8 5 0 . A s a g e n e r a l r u l e , t h e a d j u d i c a t i o n o f p o l l u t i o n c a s e s generally pertains to the Pollution Adjudication Board, except in cases where the special law provides for another forum. It must be recognized that in this regard that the LLDA, by virtue of its special charter, obviously has the responsibility to protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutants emanating from the discharges of wastes from the surrounding areas. In carrying out the national policy of promoting and accelerating the development and balanced growth of the Laguna Lake area and the surrounding provinces of Rizal and Laguna and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan with due regard and adequate provisions for environmental management and control, preservation of theq u a l i t y o f h u m a n l i f e a n d e c o l o g i c a l s y s t e m s , a n d t h e p r e v e n t i o n o f u n d u e e c o l o g i c a l disturbances, deterioration and pollution, the LLDA is mandated, among others, to pass upon and approve or

disapprove all plans, programs, and projects proposed by local government offices/agencies within the region, public corporations, and private persons or enterprises where such plans, programs, and/or projects are related to those of the LLDA for the development of the region. 2.Does the LLDA have the power and authority to issue a Cease and Desist Order to enjoin the dumping of garbage in the Tala Estate? YES. Although the LLDA was ex parte cease and desist order in express terms, the LLDAs issuance of one, as a practical matter of procedure under the circumstances of the case, is a proper exercise of its power and authority u n d e r i t s c h a r t e r a n d its amendatory laws. The provision w h i c h e m p o w e r s t h e L L D A t o instituted necessary legal proceedings against any person who shall commence to implement or c o n t i n u e i m p l e m e n t a t i o n o f a n y p r o j e c t , p l a n o r p r o g r a m w i t h i n t h e L a g u n a d e B a y r e g i o n without previous clearance from the LLDA was designed to invest the LLDA w ith sufficiently broad powers in the regulation of all projects initiated in the Laguna Lake region, whether by the government or the private sector, insofar as the implementation of these projects is concerned. Moreover, Section 16 of Article II of the 1987 Constitution states that:The State shall protect and advance the right of the people to a b a l a n c e d a n d h e a l t h f u l e c o l o g y i n a c c o r d w i t h t h e r h y t h m a n d harmony of nature. As a constitutionally guaranteed right of every person, it carries the correlat ive duty of non-impairment. This is but in consonance with the declared policy of the state to protect and promote the right to health of the people and instill health consciousness among them. It is to be borne in mind that the Philippines is party to the Universal Declaration of Human Rights and the Alma Conference Declaration of 1978 which recognize health as a fundamental human right. The LLDAs charter is but a response to the demands of the necessities of protecting vital public interests which gives vitality to the abovementioned state policies and principles. HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS History Human rights were asserted by the citizens against tyrannical governments. They arose from the struggle of man against injustices 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 W orld W ar II have convincedinternational jurists that the protection of human rights sho u l d b e a n i n t e r n a t i o n a l concern. o Respect for human rights mainly concerns individuals without distinction as to nationality or citizenship.

o Violation of human rights are offenses without borders

THEORIES OF SOURCES OF RIGHTS: 1. Religious/Theological Approach o A basis of human rights theory stemming from a law higher than the state and whose source is the Supreme Being. Human rights are not concessions granted by human institutions or states, or any international organization as they are God-given rights. o Central to the doctrines of all religions is the concept of dignity of m a n a s a consequence of human rights. o The divine source gives human beings a high value of worth. oT h e b e l i e f o f a u n i v e r s a l c o m m o n c r e a t i o n m e a n s a c o m m o n h u m a n i t y a n d consequently universal, basic and fundamental rights. And since rights come from a divine source, they are inalienable and cannot be denied by mortal beings. o Criticism: Some religions impose so many restrictions on individual freedom;s o m e r e l i g i o n s e v e n t o l e r a t e s l a v e r y , d i s c r i m i n a t i o n a g a i n s t w o m e n , a n d imposition of the death penalty 2. Natural Law Theory o Originated from the Stoics and elaborated by Greek philosophers and later by ancient Roman law jurists. o Perceives that the conduct of men must always conform to the law of nature Natural law embodies those elementary principles of justice which were rightreason, i.e., in accordance with nature, unalterable, eternal. o Philosophers: Thomas Aquinas considered natural law as the law of right reason ina c c o r d a n c e w i t h t h e l a w o f G o d , c o m m o n l y k n o w n a s t h e s c h o l a s t i c natural law Hugo Grotius the natural characteristics of human beings are the sociali m p u l s e t o l i v e p e a c e f u l l y a n d i n h a r m o n y w i t h o t h e r s w h a t e v e r conformed to the nature of men as natural human beings was right and just; whatever is disturbing to social harmony is wrong and unjust John Locke envisioned human beings in a state of natur e, where they enjoyed life, liberty and property which are deemed natural rights o Became the basis of the natural rights of man against oppressive rulers

o Nuremberg Trials rationale for finding the Nazis guilty: the crimes committed were offenses against humanity and there is no need of a law penalizing the acts

3. Positivist Theory/Legal Positivism o All rights and authority come from the state and what officials have promulgated. o The only law is what is commanded by the sovereign. o The source of human rights is to be found only in the enactment of a law with sanctions attached. o A right is enjoyed only if it is recognized and protected by legislation promulgated by the state. 4. Historical Theory o Advocates that human rights are not deliberate creation or the effort of man but they have already existed through the common consciousness of the people of what is right and just. =Human rights exist through gradual, spontaneous and evolutionary p r o c e s s without any arbitrary will of any authority. 5. Theory of Marxism o Emphasizes the interest of society over an individual mans interest. Individual freedom is recognized only after the interest of society is served. Concerned with economic and social rights over c i v i l o r p o l i t i c a l r i g h t s o f community. o Referred to as parental with the political body providing the guidance in valuechoice. But the true choice is the government set by the state. 6.Functional/Sociological Approach o Human rights exist as a means of social control, to serve the social interests of society. o Lays emphasis of obtaining a just equilibrium of multifarious interests among prevailing moral sentiments and the social and economic conditions of the time and place. 7. Utilitarian Theory o Seeks to define the notion of rights in terms of tendencies to promote specified ends such as common good. o Every human decision was motivated by some calculation of pleasure and pain. The goal is to promote the greatest happiness of the greatest number. o Everyone is counted equally, but not treated equally. o Requires the government to maximize the total net sum of citizens. o An individual cannot be more important than the entire group. A man cannot simply live alone in disregard of his impulse to society.

o 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 takes into consideration the interests of the society and tends to augment the happiness o f t h e e n t i r e community.

.8.Theory Based on Dignity of Man/Policy Science Approach o Human rights means sharing values of all identified policies upon which human rights depend on. o The most important values are respect, power, knowledge, health, and security. o The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. o All available resources are utilized to the maximum and the protection of human dignity is recognized. 9.Theories of Justice o Each person possesses inviolability founded on justice. o The rights secured for justice are not subject to political bargaining or to social interests. o Each person has equal rights to the whole system of liberties. There is no justice in a community where there are social and economic inequalities. o The general conception of justice is one of fairness and those social primary g o o d s s u c h a s o p p o r t u n i t y , i n c o m e a n d w e a l t h a n d s e l f - r e s p e c t a r e t o b e distributed equally.10.Theory Based on Equality and Respect of Human Dignity o The recognition of individual rights in the enjoyment of the basic freedoms suchas freedom of speech, religion, assembly, fair trial and access to courts. Governments must treat all their citizens equally. For this pur p o s e , t h e government must intervene in order to advance general welfare. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES 20 June 1899 Malolos Constitution: contained several provisions on civil and political rights 1902 Philippine Bill of 1902 1916 Philippine Autonomy Act of 1916/Jones Law 1934 Philippine Independence Act of 1934/Tydings-McDuffee Law 1935 First Philippine Constitution: contained Bill of Rights 1973 Second Philippine Constitution 1983 Present Philippine Constitution

From 1942 to 1944, the Filipinos were temporarily deprived of the enjoyment of the civil a n d political rights during the military rule of Japan. But these were imm e d i a t e l y restored in 1945. The Filipinos were again subjected to violation of human rights during the authoritarian rule of President Marcos, which was terminated during the February 1986 revolution. Human Rights Instruments to which The Philippines is a Signatory: 1.International Covenant of Economic, Social and Cultural Rights (7 June 1974) 2.International Covenant on Civil and Political Rights (23 October 1986) 3.Optional Protocol International Covenant on Civil and Political Rights (22 August 1989) 4.International Convention on the Elimination of All Forms of Racial Discrimination (15September 1976) 5.International Convention on the Suppression and Punishment of the Crime of Apartheid(27 July 1987) 6.International Convention against Apartheid (27 July 1987) 7.International Convention on the Elimination of All Forms of D i s c r i m i n a t i o n A g a i n s t Women (5 August 1981) 8.Convention on the Political Rights of Women (12 September 1957) 9.Convention on the Rights of the Child (21 August 1990) 10.Slavery Convention of 1926 (12 July 1955) 11.Protocol Amending the Slavery Convention (17 November 1965) 12.Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices (17 November 1965) 13.Convention on the Suppression of the Trafficking of Persons and t h e E x p l o i t a t i o n o f Others (19 September 1952 )1 4 . C o n v e n t i o n a g a i n s t T o r t u r e a n d o t h e r C r u e l , I n h u m a n , o r D e g r a d i n g T r e a t m e n t o r Punishment (18 June 1986) 15.The Convention on the Consent to Marriage, Minimum A g e f o r M a r r i a g e a n d Registration of Marriage (21 January 1965) 16.International Convention on the Protection of All Migrant W orkers a n d M e m b e r s o f their Families (13 November 1993) 17.Convention on the Nationality of Married Women 18.Convention on the Status of Stateless Persons (22 June 1955) 19.Convention Relating to the Status of Refugees (22 July 1981) 20.Convention on the Prevention and the Punishment of the Crime o f G e n o c i d e ( 7 J u l y 1950) 21.Convention on Nona p p l i c a b i l i t y o f S t a t u t o r y L i m i t a t i o n o n W a r C r i m e s a n d C r i m e s Against Humanity (15 May 1973)

22.Protocol Additional to the Geneva Convention of 12 August 1 9 4 9 , R e l a t i n g t o t h e Protection of Victims of Non-International Armed Conflicts (Protocol II) (11 July 1987) THE PHILIPPINE COMMISSION ON HUMAN RIGHTS Creation: Mandated by the 1987 Constitution; formally constituted by P r e s i d e n t A q u i n o s Executive Order No. 163 Composition and Qualifications: One Chairman and four Members, who must be natural-borncitizens of the Philippines and a majority of whom shall be members of the Bar (Section 17, Art.XIII, 1987 Constitution) Powers and Functions: (Section 18, Art. XIII, 1987 Constitution) (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 f o r c o n t e m p t f o r violations thereof in accordance with the Rules of Court; (3)Provide appropriate legal measures for the protection o f h u m a n r i g h t s o f a l l p e r s o n s within the Philippines, as well as Filipinos residing abroad, and provide for preventivemeasures 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 inform a t i o n t o e n h a n c e respect for the primacy of human rights; (6)Recommend to Congress effective measures to promote human rights and to provide forcompensation to victims of violations of human rights, or their families; (7)Monitor the Philippine Governments compliance with international treaty obligationson 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 performanceof 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. Cario v. Commission on Human Rights, 204 SCRA 483 Facts:For joining the concerted mass actions of public teachers and for failure to heed ther e turn-towork order issued by DECS Secretary Cario, eight teachers from th e R a m o n Magsaysay High School, namely Graciano Budoy, Julieta Babaran, Elsa Ibabao, Helen Lupo, Amparo Gonzales, Luz del Castillo, Elsa Reyes and Apolinario Esber were administratively charged, preventively suspended for 90 days, and temporarily replaced. The said eight teachers,l e d b y t h e i r c o u n s e l , s u b s e q u e n t l y s t a g e d a w a l k o u t s i g n i f y i n

g t h e i r i n t e n t t o b o y c o t t t h e proceedings. Thereafter, Secretary Cario rendered a decision ordering the dismissal from service of Esber, and the 9-month suspensions of Babaran, Budoy, and del Castillo. The eight teachers then complained to the Commission on Human Rights on the ground that they were denied due process. Secretary Cario filed a motion to dismiss with the CHR on the ground that the CHR had no jurisdiction over the case. Issue and Ruling: 1. W / N t h e C H R h a s t h e p o w e r u n d e r t h e C o n s t i t u t i o n t o t r y a n d d e c i d e , o r h e a r a n d determine, certain specific type of cases, like alleged human rights violations involving civil or political rights. NO. The CHR was not meant by the Constitution to be another court or quasi-judicial agency in this country. The most that may be conceded to the CHR in the way of adjudicative p o w e r i s t h a t i t m a y i n v e s t i g a t e , i . e . , receive evidence and make findings of fact as regardsclaimed human rights violations involving civil and political ri g h t s . F a c t f i n d i n g i s n o t adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi- judicial agency or official. The function of receiving evidence and ascertaining t here from the facts of a controversy is not a judicial function, properly speaking. To be considered such, thef a c u l t y o f r e c e i v i n g e v i d e n c e a n d m a k i n g f a c t u a l c o n c l u s i o n s i n a c o n t r o v e r s y m u s t b e 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, subject to s u c h a p p e a l s or modes of review as may be provided by law. This function, to r e p e a t , t h e Commission does not have. The Constitution clearly and categorically grants to the CHR the power to investigate all forms of human rights violations involving civil and political rights. It can exercise that power on its own initiative or complaint of any person. It may exercise 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 Court. In 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. It may also request the assistance of any department, bureau, office, or agency in the performance o f i t s f u n c t i o n s , i n t h e c o n d u c t o f i t s i n v e s t i g a t i o n o r i n e x t e n d i n g s u c h r e m e d y a s m a y b e required by its findings. But it cannot try and decide cases (or hear and determine causes) as courts of justice, or even quasi-judicial bodies do. To investigate is not to adjudicate or adjudge. Whether in the popular or in the technical sense, these terms have well understood and quite distinct meanings. SIMON V. COMMISSION ON HUMAN RIGHTS, 229 SCRA 7 Facts: A Demolition Notice was sent by the Office of the Quezon City Mayor to the officers and members of the North EDSA Vendors Association (NEVA), which

gave

the

latter

three

days

to

vacate their stalls in order to give way to the Peoples Park. The NEVA, led by the President Roque Fermo, filed a letter-complaint with the CHR, asking that a letter be addressed to thenMayor Brigido Simon, Jr. of Quezon City to stop the demolition of their stalls, sari-sari stores,and carinderia along EDSA. The CHR subsequently issued an Order directing the QC Officers to desist from demolishing the stalls and s h a n t i e s a t N o r t h E D S A p e n d i n g r e s o l u t i o n o f t h e vendors complaint before the Commission. Notwithstanding said Order, the QC Officers carried out the demolition of the stalls, sari-sari stores, and carinderia, prompting the CHR to order the disbursement of financial assistance of not more than P200,000.00 in favor of the vendors to purchase light housing materials and food under the CHRs supervision and again directed the QC Officers to desist from further demolition, with the warning that violation of said Order would lead to a citation for contempt a n d a r r e s t . The QC Officers filed a motion to dismiss, questioning the CHRs j u r i s d i c t i o n . Subsequently, the CHR cited the QC Officers 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 P500.00 on each of them. ISSUES AND RULING: 1.W/N the CHR has jurisdiction to investigate the violation of the rights of those vendors whose stalls were demolished by the QC Officers at the instance and authority given by N Mayor of QC. NO. The order for the demolition of the stalls, sari-sari stores and carinderia of the vendors does not fall within the compartment of human rights violations involving civil and political rightsintended by the Constitution. 2.W/N the CHR has jurisdiction to impose a fine of P500.00 on each of the QC Officers. NO. Although the CHR is constitutionally authorized to adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court, and accordingly, the CHR acted within its authority in providing in its revised rules, its power to cite or hold any person in direct or indirect contempt, and to impose the appropriate penalties in accordance with the procedure and sanctions provided for in the Rules of Court, the p o w e r t o c i t e i n c o n t e m p t s h o u l d b e u n d e r s t o o d t o a p p l y o n l y t o v i o l a t i o n s o f i t s a d o p t e d 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 adjudicative power that it does not possess. NOTE: 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.

THE INTERNATIONAL BILL OF HUMAN RIGHTS Main objective of the United Nations: the recognition and respect of human rights Purpose of the UN: the promotion and encouragement of respect for h u m a n r i g h t s a n d f o r m fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Charter contains at least seven articles on human rights: 1.Article 13, which directs the General Assembly the tas k o f i n i t i a t i n g s t u d i e s a n d recommendations for the purpose of assisting in the realization of human rights and fundamental freedom\ 2.Article 55(c), which commits the UN to promote universal respect for an observance of human rights and fundamental freedoms 3.Article 56, which provides for the clear legal obligation of a l l m e m b e r s t o p l e d g e themselves and take joint and s e p a r a t e a c t i o n s i n c o o p e r a t i o n w i t h t h e U N f o r t h e advancement of the purposes set forth in Article 55(c )4 . A r t i c l e 6 2 ( 2 ) , w h i c h s t a t e s t h a t t h e E c o n o m i c a n d S o c i a l C o u n c i l m a y m a k e recommendations for the purpose of promoting respect for an observance for human rights and fundamental freedom for all 5.Article 76, which mandates the Trusteeship System to encourage respect for the human rights and for fundamental freedom for all without distinction as to race, sex, language ,or religion and to encourage recognition of the interdependence of the peoples of the world 6.Article 10, which suggests to the General Assembly to discuss any m a t t e r w i t h i n t h e scope of the Charter which may concern human rights 7.Article 69(2), which provides that the Economic and Social Council, with the approval of the General Assembly, may perform services at the request of any member state Basis for the advisory services program on human rights such as pr o v i d i n g experts or granting fellowships or organizing seminars. NOTE: In fine, every article in the UN Charter which refers to the purposes of the UN is deemed to include the promotion of human rights. UN COMMISSION ON HUMAN RIGHTS Formally established by the Economic and Social Council to assist in all matters relating in human rights Composed of 43 members Deals with all aspects of human rights issues involving the participation of all sectors of the international committee Undertakes special tasks assigned to it by the General Coun c i l , i n c l u d i n g t h e investigation of all allegations of human rights violations

Coordinates activities relating to human rights through the UN System Subcommissions of independent experts are elected and empowered to u n d e r t a k e studies and to make recommendations to prevent discrimination, protect minority right sand fundamental freedoms Special rapporteurs or working groups are appointed to deal with special topics o Discrimination in education, religion and the administration of justice o The adverse consequences for human rights caused by politic a l , m i l i t a r y , economic and other forms of assistance to colonial and racist regimes o The rights of ethnic, religious, and linguistic minorities o Issues related to self-determination o The realization of economic, social and cultural rights o The rights of indigenous populations o The new international economic order and the promotion of human rights o The right to adequate food as a human right o The exploitation of child labor THE DECLARATION OF HUMAN RIGHTS A mere declaration of norms to serve as a common standard of a c h i e v e m e n t f o r a l l nations UN did not direct its members to enforce them; no sanctions or enforcement machinery was set up Article 55 of the UN Charter directs members to pledge themselves to the joint ands e p a r a t e a c t i o n i n c o o p e r a t i o n w i t h t h e U N t o a c h i e v e u n i v e r s a l r e s p e c t f o r a n observance of human rights and fundamental freedoms Although it is not a legally binding document, most nations have r e c o g n i z e d t h e principles of the Declaration which have gained moral weight and persuasion in the domestic offices

Its principles have been adopted in most state constitutions 1.Freedom and Equality First eight articles emphasize that all human beings, without distinction, are bornfree and equal in dignity and rights Article 1. 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 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall bem a d e o n t h e b a s i s o f t h e p o l i t i c a l , j u r i s d i c t i o n a l , o r i n t e r n a t i o n a l s t a t u s o f t h e c o u n t r y o r territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3. Everyone has the right to life, liberty, and security of person. Article 4. No one shall be held in slavery or servitude; slavery and t h e s l a v e t r a d e s h a l l b e prohibited in all their forms. Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any d i s c r i m i n a t i o n t o e q u a l protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone 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. 2.Liberty, Security, and Recognition of Persons Article 4, supra . Article 5, supra . Article 6, supra . Article 7, supra Article 9. No one shall be subjected to arbitrary arrest, detention or exile. Article 10. Everyone 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.

Article 11.( 1 ) E v e r y o n e c h a r g e d w i t h a p e n a l o f f e n s e h a s t h e r i g h t t o b e p r e s u m e d i n n o c e n t u n t i l proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2)No 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 wheni t w a s c o m m i t t e d . N o r s h a l l a h e a v i e r p e n a l t y b e i m p o s e d t h a n t h e o n e t h a t w a s applicable at the time the penal offense was committed. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to theprotection of the law against such interference or attacks. Article 14 (1)Everyone has the right to seek and enjoy in other countries asylum from persecution. (2)This right may not be invoked in the case of prosecutions genuinely arising from non-p o l i t i c a l c r i m e s o r f r o m a c t s c o n t r a r y t o t h e p u r p o s e s a n d p r i n c i p l e s o f t h e U n i t e d Nations. 3 . R i g h t t o P r i v a c y Article 12, supra . Article 13.(1)Everyone has the right to freedom of movement and residence within the borders of eachstate.( 2 ) E v e r y o n e h a s t h e r i g h t t o l e a v e a n y c o u n t r y , i n c l u d i n g h i s o w n , a n d t o r e t u r n t o h i s country.4 . N a t i o n a l i t y a n d t h e F a m i l y Article 15.(1)Everyone has the right to a nationality.(2)No one shall be arbitrarily deprived of his nationality nor denied the right to change hisnationality. Article 16.