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University of the Visayas

GULLAS SCHOOL OF LAW


Human Rights Law
Preliminary Examination
SY 2016-2017
Instructions: Write your name at the back portion of the examination booklet.
Begin answering on the first page. A mere Yes or No answer will have no
merit. Answer clearly, legibly and concisely. Observe proper margin and
indention. An answer to a sub-question must start in the new page with the
exception of Item I.
I.
(10%)
State whether the statement is true or not.
a. All members of the Commission on Human Rights shall be members of
the Bar.
b. The Commission on Human Rights can prosecute cases against public
officers or employees who have been accused of committing human
rights violation.
c. The Commission on Human Rights may motu propio investigate all forms
of human rights violations involving civil and political rights.
d. The term of office of the members of the Commission on Human Rights
is fixed by the Constitution.
e. Human rights are not inalienable, imprescriptible and indivisible.
II.
a. Give at least three multilateral conventions on Human rights adopted
under the direct auspices of the United Nations? (3%)
b. Define the following under the terms laid down by international law:
b.1
b.2
b.3
b.4

Genocide (2%)
Torture (2%)
Slavery (2%)
Racial Discrimination (2%)

c. Enumerate the classification of rights under their respective aspects, viz:


c.1
c.2
c.3
c.4

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According
According
According
According

to
to
to
to

source (3%)
recipient (3%)
aspect of life (3%)
struggle for recognition (3%)

III.
a. Define the writ of Amparo. (5%)
b. Nerio and Ray were rumoured to be marijuana planters in Barangay
Tabunan, Cebu City. On 17 March 2008, barangay tanods Alivia, Carmela,
and Roberta raided the ampalaya farm of Nerio and Ray but yielded no
result, as there was no marijuana plant found.
After the raid, Nerio and Ray received an invitation for a conference from
Barangay Captain Arcayana. The letter of invitation was referred to their
counsel, who advised them not to attend and, instead, send a letter-reply to
Barangay Captain Arcayana. When Arcayana received the reply letter, he got
hold of one copy, read its contents but refused to sign a receipt of the
document.
On the basis of the raid conducted, the sending of invitation letters, the
refusal of the barangay captain to receive the letter-reply as well as the
possibility of more harassment cases, false accusations, and possible
violence from respondents, they filed a verified petition for issuance of Writ
of Amparo against the Barangay Captain and the Barangay Tanods.
If you are the judge, will you issue the writ of Amparo? (8%)
IV
Joe, an American, and Maria, a Filipino, were married on August 28, 1998
in the Catholic Evangelical Church at the United Nations, Avenue Manila. A
year later, Maria gave birth to a baby girl whom they named Jennifer.
After three years, Marai grew restless and bored as a plain housewife. She
wanted to return to her old job as a guest relation officer in a nightclub,
with the freedom to go out with her friends. Whenever Joe is out of the
country, Maria was also often out with her friends, leaving her daughter in
the care of the househelp.
Maria left the family home with her daughter Jennifer without notifying Joe.
She told the servants that she was bringing Jennifer in Lamitan, Basilan.
Joe filed a petition for habeas corpus in the designated Family Court in
Makati City. However, the petition was dismissed because the allegation in
the petition states that the child is in Basilan. Thus, the court has no
jurisdiction over the same. When Joe searched for his daughter in Basilan,
he could not find Jennifer.
Thus, he filed another petition this time with the Court of Appeals so that
the writ will be enforceable in the entire country. However, the petition was
denied on the ground that it did not have jurisdiction over the case because
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RA 8369 grants the exclusive jurisdiction of habeas corpus in relation to the


custody of minor to the Family Court. Decide. (10%)
V.
Squatters and vendors have put up structures in an area intended for a
Peoples Park, which are impending the flow of traffic in the adjoining
highway. Mayor Cruz gave notice for the structures to be removed, and the
area vacated within a month, or else, face demolition and ejectment. The
occupants filed a case with the Commission on Human Rights to stop the
Mayors move.
The CHR then issued an order to desist against Mayor Cruz with warning
that he would be held in contempt should he fail to comply with the
desistance order. When the allotted time lapsed, Mayor Cruz caused the
demolition and removal of the structures.
a. What is your concept of human rights? Does this case involve violations of
human rights within the scope of the CHRs jurisdiction? (6%)
b. Can the CHR issue an order to desist or restraining order? (6%)
c. Is the CHR empowered to declare Mayor Cruz in contempt? Does it have
contempt powers at all? (6%)
VI.
The City Mayor issues an Executive Order declaring that the city promotes
responsible parenthood and upholds natural family planning. He prohibits all
hospitals operated by the city from prescribing the use of artificial methods of
contraception, including condoms, pills, intrauterine devices and surgical
sterilization. As a result, poor women in his city lost their access to affordable
family planning programs. Private clinics, however, continue to render family
planning counsel and devices to paying clients.
a. Is the Executive Order in any way constitutionally infirm? (5%)
b. Is the Philippines in breach of any obligation under international law?
(5%)
VII.
In 1993, historian confirmed that during World War II, comfort women were
forced into serving the Japanese military. These women were either abducted
against their will to have sex with Japanese soldiers on a daily basis during the
course of the war, and often suffered from severe beatings and venereal
diseases. The Japanese government contends that the comfort stations were
run as onsite military brothels by private operators, and not by the Japanese
military. There were many Filipina comfort women.
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a. Name at least one basic principle or norm of international humanitarian


law that was violated by the Japanese military in the treatment of the
comfort women. (8%)
b. The surviving Filipina comfort women sued the Japanese government
for damages before Philippine courts. Will that case prosper? (8%)

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