Lesson 4
Human Rights
In This Lesson
1. Bill of Rights (Article III)
The Bill of Rights in the 1987 Philippine Constitution guarantees fundamental freedoms and protections to every person.
Key Constitutional Rights
Section 1 - Due Process & Equal Protection
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2 - Search & Seizure
Right against unreasonable searches and seizures. Warrants must be based on probable cause, determined personally by the judge.
Section 3 - Privacy of Communication
Privacy of communication and correspondence is inviolable except upon lawful order of the court or when public safety requires.
Section 4 - Freedom of Speech & Press
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble.
Section 5 - Freedom of Religion
Free exercise and enjoyment of religious profession and worship, without discrimination or preference.
Rights of Persons in Criminal Cases
2. Due Process of Law
Due process is a constitutional guarantee that no person shall be deprived of life, liberty, or property without proper legal procedures.
Procedural Due Process
Ensures fair procedures in legal proceedings:
- • Right to be heard
- • Right to present evidence
- • Right to counsel
- • Impartial tribunal
- • Notice of charges
- • Decision based on evidence
Substantive Due Process
The law itself must be fair and reasonable:
- • Lawful subject (within police power)
- • Lawful means (not arbitrary)
- • Not oppressive
- • Reasonable classification
- • Serves legitimate government interest
3. Anti-Torture Act (RA 9745)
Republic Act 9745, signed in 2009, penalizes torture and other cruel, inhuman, or degrading treatment or punishment.
Definition of Torture
Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as:
- • Obtaining information or confession
- • Punishing for an act committed
- • Intimidating or coercing
- • Any reason based on discrimination
Prohibited Acts of Torture
Physical Torture:
- • Systematic beating
- • Food/water deprivation
- • Electric shock
- • Cigarette burning
- • Suffocation
Mental/Psychological:
- • Blindfolding
- • Threats of harm to self/family
- • Solitary confinement
- • Prolonged interrogation
- • Denial of sleep
Penalties
- If victim dies: Reclusion perpetua
- With mutilation: Reclusion temporal to reclusion perpetua
- Mental torture: Prision mayor in medium to maximum periods
- Conspiracy: Same as principals
Key Provisions
- •No justification: Orders from superior officer NOT a defense
- •Command responsibility: Superiors liable if they knew or should have known
- •No prescription: Crime of torture does not prescribe
- •Evidence inadmissible: Confessions obtained through torture are inadmissible
4. Commission on Human Rights (CHR)
The CHR is an independent constitutional body created to protect and promote human rights in the Philippines.
CHR Powers & Functions (Art. XIII, Sec. 18)
- Investigate human rights violations involving civil and political rights
- Adopt operational guidelines for its operations
- Provide appropriate legal measures for the protection of human rights
- Exercise visitorial powers over jails, detention, and correction facilities
- Establish continuing programs for human rights education
- Monitor government compliance with international human rights treaty obligations
- Grant immunity from prosecution to any person who provides evidence
- Request assistance from any government agency
- Appoint its officers and employees
- Perform other duties as provided by law
CHR Limitations
- • Cannot prosecute: CHR has no prosecutorial power
- • Cannot adjudicate: CHR has no judicial functions
- • Cannot cite for contempt: No power to punish
- • Limited to government: Primarily investigates violations by government agents
5. Human Rights in Police Work
Police officers must observe human rights standards while performing their duties.
Police Obligations
- ✓Respect the dignity of every person
- ✓Use force only when strictly necessary and proportionate
- ✓Inform arrested persons of their rights immediately
- ✓Provide medical attention to injured persons
- ✓Allow access to counsel during investigation
- ✓Document and report any use of force
Prohibited Police Actions
- ✗Torture or cruel, inhuman treatment
- ✗Arbitrary arrest or detention
- ✗Denial of access to counsel
- ✗Incommunicado detention
- ✗Excessive use of force
- ✗Extrajudicial killings
NAPOLCOM Human Rights Tips
- ✓Know the Bill of Rights - memorize key sections and their provisions.
- ✓Understand RA 9745 - Anti-Torture Act and its penalties.
- ✓Learn CHR powers - what they can and cannot do.
- ✓Remember due process - both procedural and substantive aspects.