Human Rights - Philippines




Human Rights - Philippines as State Party in United Nations



CLASSIFICATION OF RIGHTS
Example are arrange by the Human Rights Advocacy Promotions


Rights can be classified according to following:

1.  Individual Rights - are those rights being accorded to individuals.

     A.  Right to Life - Natural Rights
     B.  Rights Guaranteed by the Constitution - Bill of Rights - Legal Rights

                  1.  The Right of a person to be secure in his/her person, house, papers, and effects against
                                unreasonable searches and seizures.
                                           
                                            a.  Right of a Person not to allow his person, house, office, papers, and effects to
                                                        be  searched, without a search warrant issued by a judged.  The search
                                                        warrant must be particularly describe the places to be searched and the
                                                         person or things to be seized.   
                                    
                  2.  Rights of person Under Investigations; - see below
                  3.  Rights of an Accused - see below
                  4.  Rights of a Person under Arrest; and
                  5.  Rights of Person Under Detentions - see below

 
    

                HUMAN RIGHTS DURING CUSTODIAL INVESTIGATION AND

                                       TACTICAL INTERROGATION


            Right of the Accused

  1. Rights of a Person prior to investigation

                

                        Miranda Doctrine

 

-         The right to be warned prior to any questioning that he has the right to remain silent, that anything that he says can be used against him in a court of law, that he has the right to presence of any attorney, and that if he cannot afford attorney, one will be appointment for him prior to any questioning if he so desires…..

 

     2.    Rights of a Person under Investigation

 

          Article III – Bill of Rights ( 1987 Constitution )

 

1.      Right to remain silent

2.      Right to counsel

3.      Right against torture

4.      Right against secret detention

 

                    Sec. 11  Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any by reason of poverty.

    

                    Sec. 12  (1) Any person under investigation for the  commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.  If the person cannot afford the services of counsel, he must be provided with one.  These rights cannot be waived except in writing and in presence of counsel.

   

(2)   No torture force, violence, threat, intimidation, or any other means which shall be used against him.  Secret detention places solitary, incommunicado, or other similar forms of detention are prohibited.

(3)   Any confession or admission obtained in violation of his or Section 17 hereof shall be inadmissible in evidence against him.

 

Sec. 13 All persons, except those charged with offense punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognized as may be provided by law. The right to bail shall not be impaired even the privilege of the writ of habeas corpus is suspended.  Excessive bail shall not be required.  

 

Sec.  14 (1)  No person shall be held to answer for a criminal offense without due process of law.

 

(2)   In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial and public trial, to meet the witness face to face, and to have compulsory of evidence in his behalf.  However, after the arraignment of the trial my proceed notwithstanding the absence of the accused provided that he been duly and his failure to appeal is unjustifiable.

          

            Sec. 15 The privilege of the writ of habeas corpus shall not be suspended except before in cases of invasion, or rebellion when the public safety requires it.

 

            Sec. 16 All person shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

 

            Sec. 17 No person shall be compelled to be a witness against himself.

 

           Sec. 18 (1) No person shall detained solely by reason of his political belief and aspirations.

           Sec. 19 (1) excessive fine shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it.  Any Death penalty already imposed shall be reduced to reclusion perpetua.

 

                       (2) The employment of Physical, psychological, or degrading punishment against prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman condition shall be dealt with by law.

 

            Sec. 22 No ex post facto law of bill of attainder shall be enacted.

 

 

         3.  Rights of Accused at the Trial

 

Sec. 1 Rules of Court annotated, 1991 first edition, by Paras

 

  In all criminal prosecutions, the accused shall be entitled;

 

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt;            

            (b) To be informed of the nature and cause of the accusations against him;

      

           (c) To be presented defend in person and by counsel at every stage or the proceedings, from the arraignment to the promulgation of the judgment.  The Accused may, however, wave his presence at the trial pursuant to the stipulation set forth in his bail bond, unless his presence is specially ordered by the court for the purpose of identification. The absence of the accused without any justifiable cause at the trial on a particular date of which he had notice shall be considered waiver of his right to be present during trial.  When an accused under custody had been notified of the date of the trial and escape, he shall be deemed to have waived his right to be present on said date and on all subsequent trial dates until custody is regained.  Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that can properly protect his right without assistance of counsel.

 

          (d) To testify as a witness in his own behalf but subject to cross examination on matters covered direct examination. His silence in any manner shall not prejudiced him.

 

         (e) To Confront and cross-examined the witness against him at the trail.  Either party may utilized as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having had the opportunity to cross examine him;

       

         (g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf;

        

         (h) To have a speedy, process issued to secure the attendance of witnesses and production of other evidence in his behalf;

 


2.  Collective Rights -  (also called " people rights" or "solidarity rights" are those rights of the society that can be enjoyed only in company with others. 


                   1.  Right to Peaceably Assemble
                   2.  Right to peace
                   3.  Right to development
                   4.  Right to self determination
                   5.  Right to environment.


3.  Civil Rights - are those 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.  They include the rights against involuntary servitude and imprisonment for non-payment of debt or poll tax; the constitutional rights of the accused; the social and economic rights; liberty of the abode and changing the same.

                             
1. Right of all the people to self determination
2. Right to life
3. Right not be subject to torture or cruel, inhuman or degrading treatment or punishment.
4. Freedom form slavery
5. Right to liberty and security of Person
6. Freedom of Movement
7. Right to equality before the law
8. Rights of accused persons
9. Right against retroactive penal laws
10. Right to recognition as a person before the law
11. Right to privacy
12. Freedom of thought conscience and religion
13. Freedom of opinion and expression
14. Right to international peace and security
15. Right of Peaceful assembly
16. Freedom of association, family and marriage rights
17. Right of Children
18. Right of Citizen
19. Rights of minorities
20.  Right to form an associations are likewise civil rights.  however, they partake of the nature of
                political rights when they are utilized as a means to participate in the government.



           A.    Under Civil Code in Sections 2 Human Relations

 

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

(1)  Freedom of religion;

(2)  Freedom of speech;

(3)  Freedom to write for the press or to maintain a periodical publication;

(4)  Freedom from arbitrary or illegal detention;

(5)  Freedom of suffrage;

(6)  The right against deprivation of property without due process of law;

(7)  The right to a just compensation when private property is taken for public use;

(8)  The right to the equal protection of the laws;

(9)  The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;

(10)  The liberty of abode and of changing the same;

(11)  The privacy of communication and correspondence;

(12)  The right to become a member of associations or societies for purposes not contrary to law;

(13)  The right to take part in a peaceable assembly to petition the government for redress of grievances;

(14)  The right to be free from involuntary servitude in any form;

(15)  The right of the accused against excessive bail;

(16)  The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

(17)  Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;

(18)  Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19)  Freedom of access to the courts.

      




4.  Political Rights - are those rights which enable us to participate in running the affairs of the government either directly or indirectly. 

                     1.  Right to Vote
                     2.  Rights to information on matters of public concern
                     3.  Right to initiative and referendum. 
                     4.  Right to form an associations
                     5.  Rights of accused persons


5.  Economic and Social Rights - are those which the law confers upon the people to enable them to achieve social and economic development, thereby ensuring them their well being, happiness and financial security.

                                                    
                      1.  Right of all peoples to self determination
                      2.  Right to Work
                      3.  Right to enjoy and favorable conditions of work
                      4.  Right of Trade Unions
                      5.  Right to social security
                      6.  Marriage and family rights
                      7.  Right to adequate standard living
                      8.  Right to Health
                      9.  Right to Education
                     10. Right to property
                     11. Education   
                     12. Promotion of social justice. 



6.  Cultural Rights - are those 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 and diversity in a climate of free artistic and intellectual expression.

            
                     1.  Right to Culture, Arts and Science




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