Documentos de Académico
Documentos de Profesional
Documentos de Cultura
COURSE DESCRIPTION
(as provided by the Legal Education Board)
[A course of] study focused on the aspects of protecting, defending, and seeking redress for
violations of human rights in the Philippines.
COURSE SYLLABUS
I. INTRODUCTION
A. Definitions
What are human rights?
Right v. Duty
Civil rights
Political rights
B. Origins
The Cyrus Cylinder
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
1
Zulueta v. Court of Appeals, 253 SCRA 699, February 20, 1996
Waterous Drug v. NLRC, 280 SCRA 735 , October 16 1997
G. Limitations (The Fundamental Powers of the State)
JMM Promotion and Management, Inc. v. Court of Appeals, 260 SCRA 319 ,
August 05, 1996
Agustin v. Edu, 88 SCRA 195, February 2, 1979
Ichong v. Hernandez, 101 Phil. 1117, May 31, 1957
Association of Small Landowners v. Secretary of DAR, 175 SCRA 343, July 14,
1989
Kwong Sing v. City of Manila, 41 Phil. 103, October 11, 1920
Tablarin v . Gutierrez, 152 SCRA 730, July 31, 1987
City Government of Quezon City v. Ericta, 122 SCRA 759, Jun 24, 1983
Tatel v. Municipality of Virac, 207 SCRA 157, March 11, 1992
People v. Fajardo, 104 Phil. 443, August 29, 1958
NAPOCOR v. Gutierrez, 193 SCRA 1, January 18, 1991
Punsalan v. Municipal Board of Manila, 95 Phil. 46, May 26, 1954
Reyes v. National Housing Authority, 395 SCRA 494, January 20, 2003
City of Baguio vs. NAWASA, 106 Phil. 144 , August 31, 1959
Manosca v. CA, 252 SCRA 412, January 29, 1996
Smith v. Doe, 538 U.S. 84 (2003)
United States v. Cors :: 337 U.S. 325 (1949)
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
2
Pharmaceutical and Health Care Association of the Phil.ippines v. Duque III,
535 SCRA 265 , October 09, 2007
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
3
UDHR, Article 3
ICCPR, Article 6
CRC, Article 6
Echegaray v. Secretary of Justice, 301 SCRA 96 , January 19, 1999 (including
separate opinions)
Secretary of National Defense v. Manalo, 568 SCRA 1 , October 07, 2008
D. Prohibition Against Torture
1987 Phil. Consti., Article 3, Section 12 (2)
UDHR, Article 5
ICCPR, Article 7
CRC, Article 37
Hadhoum Hmeed Mohamed v. Libya, Communication No. 2046/2011
Boodoo v. Trinidad and Tobago, Communication No. 721/1996
E. Prohibition Against Slavery / Forced Labor
1987 Phil. Consti., Article 3, Section 18 (2)
UDHR, Article 4
ICCPR, Article 8
CRC, Article 19
People v. Casio, 744 SCRA 113 , December 03, 2014
Rubi v. Provincial Board of Mindoro., 39 Phil. 660 , March 07, 1919
Caunca v. Salazar, 82 Phil. 851, January 1, 1949
F. Liberty and Security of Persons
1987 Phil. Consti., Article 3, Sections 2, 12, 14, 15
UDHR, Article 3
ICCPR, Article 9
Government of Hong Kong Special Administrative Region v. Olalia, Jr., 521
SCRA 470 , April 19, 2007
Rubi v. Provincial Board of Mindoro., 39 Phil.., 660 , March 07, 1919
Boodoo v. Trinidad and Tobago, Communication No. 721/1996
G. Right to Privacy
1987 Phil. Consti., Article 3, Sections 2, 3
UDHR, Article 12
ICCPR, Article 17
CRC, Article 16
Stonehill v. Diokno, 20 SCRA 383 , June 19, 1967
People v. Sy Chua, 396 SCRA 657, 4 February 2003
Toonen v. Australia, Communication No. 488/1992
Hadhoum Hmeed Mohamed v. Libya, Communication No. 2046/2011
Winata v. Australia, Communication No. 930/2000
Boodoo v. Trinidad and Tobago, Communication No. 721/1996
Katz v. United States, 389 U.S. 347 (1967)
Terry v. Ohio, 392 U.S. 1 (1968)
United States v. Place, 462 U.S. 696 (1983)
H. Right to Marriage and Family
1987 Phil. Consti., Article 2, Section 12; Article 15
UDHR, Article 16
ICCPR, Article 23
Joslin et al. v. New Zealand, Communication No. 902/1999
Winata v. Australia, Communication No. 930/2000
Loving v. Virginia, 388 U.S. 1 (1967)
Obergefell v. Hodges, 576 U.S. ___ (2015)
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
4
EM (Lebanon) (FC) v. Secretary of State for the Home Department, United
Kingdom: House of Lords (Judicial Committee), 22 October 2008
I. Right to a Nationality
UDHR, Article 15
ICCPR, Article 24
CRC, Article 7
Poe-Llamanzares v. COMELEC and Elamparo, G.R. No. 221697, March 8,
2016
J. Right to Property
1987 Phil. Consti., Article 3, Sections 9 and 10
UDHR, Article 17
Orquiola v. Court of Appeals, 386 SCRA 301 , August 06, 2002
Cassanovas v. Hord, 8 Phil. 125, March 22, 1907
Agan, Jr. v. PIATCO, 402 SCRA 612, 5 May 2003
Rutter v. Esteban, 93 PHIL. 68, May 18, 1953
I.D.G. v. Spain, Communication No. 2/2014
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)
Kelo v. City of New London, 545 U.S. 469 (2005)
MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005)
K. Right to Recognition as a Person Before the Law
UDHR, Article 6
ICCPR, Article 16
Arias et al. v. Colombia, Communication No. 2134/2012
L. Equality Before the Law
1987 Phil. Consti., Article 3, Sections 1, 11, 14
UDHR, Articles 7, 8, 11
ICCPR, Articles 9, 14, 26
CRC, Article 40
People v. Cayat, 68 PHIL. 12, May 5, 1939
PASEI v. Drilon, 163 SCRA 386, June 30, 1988
Lacson v. Executive Secretary, 301 SCRA 298, January 29, 1999
International School Alliance v. Quisumbing, 333 SCRA 13, June 1, 2000
Yu Cong Eng v. Trinidad, 47 Phil. 385, February 6, 1925
Aniag v. COMELEC, 237 SCRA 194, October 7, 1994
Galman v. Sandiganbayan, 144 SCRA 43, September 12, 1986
In Re: Request for Live TV of Trial of Joseph Estrada, 360 SCRA 248, June 29,
2001
Javier v. Commission on Elections, 144 SCRA 194 , September 22, 1986
Pinchuk v. Belarus, Communication No. 2165/2012
Hadhoum Hmeed Mohamed v. Libya, Communication No. 2046/2011
Omar Sharif Baban v. Australia, Communication No. 1014/2001
Lawrence v. Texas, 539 U.S. 558 (2003)
Loving v. Virginia, 388 U.S. 1 (1967)
Obergefell v. Hodges, 576 U.S. ___ (2015)
M. Freedom of Thought, Conscience, Religion
1987 Phil. Consti., Article 3, Section 5
UDHR, Article 18
ICCPR, Article 18
CRC, Article 14
American Bible Society v. City of Manila, 101PHIL. 386, 30 April 30, 1957
German v. Barangan, 135 SCRA 514, March 27, 1985
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
5
Estrada v. Escritor, 492 SCRA 1, June 22, 2006
Islamic Da'Wah Council of the Philippines v. Executive Secretary, 405 SCRA
497, July 9, 2003
Iglesia Ni Cristo v. CA, 259 SCRA 529, July 26, 1996
Boodoo v. Trinidad and Tobago, Communication No. 721/1996
Young-Kwan Kim et al. v. Republic of Korea, Communication No. 2179/2012
Min-Kyu Jeong et al. v. Republic of Korea, Communication No. 1642-
1741/2007
N. Freedom of Opinion and Expression
1987 Phil. Consti., Article 3, Sections 4, 18
UDHR, Article 19
ICCPR, Article 19
Article 13
Iglesia Ni Cristo v. CA, 259 SCRA 529, July 26, 1996
Adiong v. COMELEC, 207 SCRA 712, March 31, 1992
United States v. Bustos., 37 Phil.. 731 , March 08, 1918
Reyes v. Bagatsing, 125 SCRA 553, November 9, 1983
Primicias v. Fugoso, 80 Phil. 71, Januaryy 27, 1948
Non v. Dames, 185 SCRA 523, May 20, 1990
Morse v. Frederick, 551 US 393 (2007)
Hudgens v. National Labor Relations Board, 424 US 507 (1976)
Miller v. California, 413 US 15 (1973)
Brandenburg v. Ohio, 395 US 444 (1969)
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)
Near v. Minnesota, 283 US 697 (1931)
Schenck v. United States, 249 U.S. 47 (1919)
O. Freedom of Assembly and Association
1987 Phil. Consti., Article 3, Sections 4, 8, 15
UDHR, Article 20
ICCPR, Articles 21, 22
ICESCR, Article 8
CRC, Article 15
Primicias v. Fugoso, 80 Phil. 71, Januaryy 27, 1948
Reyes v. Bagatsing, 125 SCRA 553, November 9, 1983
Franz Wallmann et al. v. Austria, Communication No. 1002/2001
Pinchuk v. Belarus, Communication No. 2165/2012
NAACP v. Alabama, 357 US 449 (1958)
NAACP v. Button, 371 U.S. 415 (1963)
Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000)
P. Freedom to Petition Government for Redress of Grievances
1987 Phil. Consti., Article 3, Sections 4
Phil.ippine Blooming Mills Employees Organization v. Phil.ippine Blooming
Mills Co., Inc., 51 SCRA 189 , June 05, 1973
NAACP v. Button, 371 U.S. 415 (1963)
Meyer v. Grant, 486 U.S. 414 (1988)
Q. Freedom of Movement
1987 Phil. Consti., Article 3, Section 6
UDHR, Article 13
ICCPR, Articles 12, 13
Marcos v. Manglapus, 177 SCRA 668 , September 15, 1989
Villavicencio v. Lukban., 39 Phil.., 778 , March 25, 1919
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
6
Caunca v. Salazar, 82 Phil. 851, January 1, 1949
Manotoc v. CA, 142 SCRA 149, May 30, 1986
Silverio v. CA, 195 SCRA 760, April 8, 1991
Rubi v. Provincial Board of Mindoro., 39 Phil.., 660 , March 07, 1919
Kent v. Dulles, 357 US 116 (1958)
Mansour Ahani v. Canada, Communication No. 1051/2002
R. Freedom to Participate in Public Affairs
1987 Phil. Consti., Article 5, Section 1
UDHR, Article 21
ICCPR, Article 25
Risos-Vidal v. Commission on Elections, 747 SCRA 210 , January 21, 2015 (J.
Brion Separate Opinion)
S. Right to Information
1987 Phil. Consti., Article 3, Section 7
UDHR, Article 19
ICCPR, Article 19 (2)
CRC, Article 13
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
7
1987 Phil. Consti., Article 2, Section 17; Article 14, Sections 1, 2, 5 (1)
UDHR, Article 26
CRC, Article 28
Soriao v. Pineda, CA-G.R. SP No. 31546, August 10, 1994
Department of Education, Culture and Sports v. San Diego, 180 SCRA 533,
December 21, 1989
Non v. Dames, 185 SCRA 523, May 20, 1990
Philippine Merchant Marine School, Inc. v. Court of Appeals, 244 SCRA 770 ,
June 02, 1995
X. REMEDIES
A. Civil Remedies
Civil suits invoking The New Civil Code, Chapter 2: Human Relations,
Articles 19, 20, 21, 26, 27, 32, 34
B. Penal Remedies
Criminal prosecution invoking the Revised Penal Code, Chapter 1, Title 2,
Book 5; Chapters 1-6, Title 7, Book 5; Chapter 1-2, Title 8, Book 2; Chapters 1-
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
8
3, Title 9, Book 2; Chapters 1-10, Title 10, Book 2; Chapters 1-5, Title 11, Book
2; Chapters 1-2, Title 13, Book 2; Title 14, Book 2
Special laws
Complaints with the Ombudsman
C. Administrative Remedies
Administrative Complaints invoking R.A. 6713
D. Special Proceedings
The Writ of Amparo
The Writ of Habeas Data
Secretary of National Defense v. Manalo, 568 SCRA 1 , October 07, 2008
Lozada, Jr. v. Macapagal-Arroyo, 670 SCRA 545 , April 24, 2012
Rodriguez v. Macapagal-Arroyo, 660 SCRA 84 , November 15, 2011
Gamboa v. Chan, 677 SCRA 385 , July 24, 2012
E. Diplomatic Protection of Individual Rights
Republic of Guinea v. Democratic Republic of Congo: Case Concerning
Ahmadou Sadio Diallo
Greece v. United Kingdom: Mavrommatis Cases
BOOK REFERENCES
CLASSROOM RULES
Attendance
Attendance, which is actual presence during each and every roll call at the beginning of
class, will be rewarded at final grading. (See Grading, below.)
Academic Honesty
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
9
A student is expected to attribute and cite sources in their work. Group work is permitted
only when specifically allowed by the instructor, and in such cases, students must acknowledge the
extent of the contribution of everyone in the group.
Grading
A Final Exam typically has a wider coverage than a Midterm Exam, thus the Final Exam
comprises a higher percentage of the students final grade than the Midterm Exam.
Students with perfect attendance will have two (2) percentage points added to their final,
non-transmuted grade. Students who missed one roll call will have one (1) percentage point added
to their final, non-transmuted grade.
Attire
Others
There is a no screen policy in this class. Students are required to put away all electronic
devices, kept in silent mode.
Eating and drinking inside the classroom will be allowed only if the student brought enough
for everyone in the class.
No text book is required for this class. While this outline lists two (2) book sources, the
decision to acquire such book is entirely up to the student. Readings are comprised mainly of
provisions of law, cases, and articles which are readily accessible to students.
Some topics do not have assigned readings or illustrative cases. As law is a professional
degree, students are expected to be responsible enough to research the topics on their own.
- WOS
If you want to build a ship, don't drum up people to collect wood and don't assign them tasks and work,
but rather, teach them to long for the endless immensity of the sea. Antoine de Saint-Exupery
10