HUMAN RIGHTS REVIEWER

Midterm, March 2016

Human Rights are rights those rights which emerge from being a member of the
human species. They are not granted by the state nor stemmed from being a citizen
of a country

“All men are free and equal in dignity and liberty”

A. History, Theories of Sources and Development of Human Rights

Rights of men are as old as man himself- human rights existed when man exists

I. Tyrannial Rulers of Greece to the royal autocracy of Kings and princes of

the Middles Ages men
II. Divine Rights of Kings
III. 1215 Magna Carta by King John- First English Constitution, contains
personal liberties and civil rights
IV. Bill of Rights of 1689- prevent arbitrary royal rule and establish freedom
from cruel and unusual punishment and excessive fines
V. Bill of Rights 1776- all men are free. Inherent Rights of life and liberty
and property. Freedom of Speech and Press, freedom to exercise religion.
VI. 1789 French Declaration of Rights of Man- all men are free and equal

B. Theories on Sources of Rights

1. Religious and Theological Approach- concept of dignity of man

He possesses dignity as being created in the image of God and it places him
with high value. Common creator means common humanity and common
fundamental rights. Brotherhood of men.
Disadvantage- only stands as long as man believes in God
2. The Natural Law Theory- conduct of men must always conform to the law
of nature. This nature is believed to be eternal. Law of right of reason in
accordance with the Law of God. The Social impulse to live peacefully and
in harmony with others. Whatever is disturbing to social harmony is wrong
and unjust. Embodied in Magna Carta of England 1215, 1689 England’s Bill
of Rights and American Declaration of Independence 1776. It leaves vague
what is part of the law of nations and, therefore is, inalienable.
 3. Historical Theory- human rights emerged not from the effort of man but that
they already existed through the common consciousness of man of what is
right and just. They existed gradually, spontaneous and evolutionary without
any arbitrary will of any authority
4. Functional or Sociological Approach- human rights existed as a means of
social control. It exists to serve the social interest of the society.. Focuses on
rights in terms of people’s wants and concern
5. Positivist – all rights and authority come from the state and what officials
have promulgated. The only law I what has been commanded by the
sovereign. Natural rights are recognized only if they are enforced by the
state. Main Criticism: authority may not promote human rights
6. Marxist Theory- interest of the society over an individual’s interest.
Indvidual freedom is recognized only after the interest of society is served. It
is concerned with economic and social rights over civil or political rights of
community
7. Theory Based on Equality and Respect- recognition of individual rights in
the enjoyment of basic freedoms (speech, religion, assembly, fair trial and
access to courts)
8. Theory Based on Justice- Each person possesses inviolability founded on
justice. The conception is of fairness and social primary goods and wealth
are to be distributed equally
9. Theory Based on Dignity of Man- Based on the premise that human right s
means sharing values of all identified policies upon which human rights
depend on. The ultimate goal is world community where there is democratic
sharing and distribution of values. Referred to as policy science approach.
10.Utilitarian Theory- based on the notion of rights in terms of tendencies to
promote specified ends such as common good. The greatest happiness to the
greatest number. Everyone is counted equally but not treated equally.

C. Principles of Human Rights

1. Universal- all men have equal rights

2. Interdependence- it does not need any other rights for it to be realized
3. Indivisibility- cannot be divided into smaller fraction. One right depends on
the other.
4. Imprescriptible- No period to expire
 5. Inalienable- cannot be taken away arbitrarily

Non-derogable rights

1. Right to life
2. Right against torture
3. Freedom of Religion
4. Right to be recognized as a person

Mejoff vs. Director of Prisons, 90 Phil 70

Facts: Japanese Secret Agent taken by the US and handed to commonwealth. He

was detained while awaiting deportation.
Dissenting Opinion: The constitutional guarantee that no person shall be deprived
of liberty without due process of law has been intended to protect all inhabitants or
residents who may happen to be under the shadows of Philippine flag.

D. Universal Declaration of Human Rights

E. Obligations of the State

1. Respect 2. Protect 3. Fulfill

Article 1 (3) UN Charter

To achieve international cooperation in solving international problems of an

economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion;

Article 55

With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the United Nations
shall promote:

a. higher standards of living, full employment, and conditions of economic and

social progress and development;
b. solutions of international economic, social, health, and related problems; and
inter-national cultural and educational cooperation; and

c. universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in cooperation
with the Organization for the achievement of the purposes set forth in Article 55.

International Covenant on Civil and Political Rights, Article II

1. Each state party to the present covenant undertakes to respect and to ensure
to all within its territory and subjects to its jurisdiction the rights recognized
in the present Covenant, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures,
each state Party to the present Covenant undertakes to take the necessary
steps, in accordance with its constitutional processes and within the
provisions of the present Covenant, to adopt such legislative or other
measures as may be necessary to give effect to the rights recognized in the
present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in official capacity,
(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
system of the state, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article III. The State Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political rights set forth
in the present Covenant.

Article 2 Section 11, 1987 Constitution

Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.

Stonehill vs. Diokno

Issuance of General warrant undermines the right of private individuals

Oposa vs Factoran

Inter-generational Responsibility- Right to Healthful Ecology

State’s argument- 1. No cause of Action, 2. No law

Supreme Court’s decision is anchored in Natural Law- Right to healthful ecology

predates man.

F. Sources and Foundations of Human Rights

a. Generally Accepted principles of Human Rights

Mejoff vs. Director of Prisons, 90 Phil 70

Facts: Japanese Secret Agent taken by the US and handed to commonwealth. He
was detained while awaiting deportation.

It must be admitted that temporary detention is a necessary step in the process of

exclusion or expulsion of undesirable aliens and that pending arrangements for his
deportation, the Government has the right to hold the undesirable alien under
confinement for a reasonable lenght of time. However, under established
precedents, too long a detention may justify the issuance of a writ of habeas
corpus. Unless it is shown that the deportee is being indefinitely imprisoned under
the pretense of awaiting a chance for deportation3 or unless the Government
admits that itcan not deport him4 or unless the detainee is being held for too long a
period our courts will not interfere.
Dissenting Opinion: The constitutional guarantee that no person shall be deprived
of liberty without due process of law has been intended to protect all inhabitants or
residents who may happen to be under the shadows of Philippine flag.

Kuroda vs. Jalandoni

Facts: EO 68 to try war criminals

Decision: The Incorporation Clause.

To try Kuroda for his war crimes is constitutional by virtue of incorporation clause
in Article II, Section 2 of Philippine Constitution.
The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land

Dissenting Opinion- Executive Order No. 68 is equally offensive to the

Constitution because it violates the fundamental guarantees of the due process and
equal protection of the law. It is especially so, because it permit the admission of
many kinds evidence by which no innocent person can afford to get acquittal and
by which it is impossible to determine whether an accused is guilty or not beyond
all reasonable doubt.

Govt of Hongkong vs. Olaila

Facts: Munoz charged with conspiracy to defraud punishable by Hongkong Law.
He asked to bail when petitioner asked of him for an extradition.
Decision: The time-honored principle of pactasuntservanda demands that the
Philippines honor its obligations under the Extradition Treaty it entered into with
the Hong Kong Special Administrative Region. Failure to comply with these
obligations is a setback in our foreign relations and defeats the purpose of
extradition. However, it does not necessarily mean that in keeping with its treaty
obligations, the Philippines should diminish a potential extraditee’s rights to life,
liberty, and due process. More so, where these rights are guaranteed, not only by
our Constitution, but also by international conventions, to which the Philippines is
a party. We should not, therefore, deprive an extraditee of his right to apply for
bail, provided that a certain standard for the grant is satisfactorily met

G. International Bill of Rights

collective name for the UDHR and two other human right treaties (IICCPR and
ICESCR)
1948 Universal Declaration of Human Rights- is not a treaty but has evolved into
general principles of international law. Contains a preamble and 30 articles.

b. 1966 International Covenant on Civil and Political Rights-

a. First Optional Protocol: jurisdiction of human rights committee to receive and
consider communications from those who are victims of human rights violation. B.
Second Optional Protocol: abolition of death penalty

c. 1966 International Covenant on Economic, Social and Cultural Rights

d. 1987 Philippine Constitution, Contains the Preamble, Article II which

stipulates the State’s principle of adhering to human rights and international laws
promoting the same and Article III which constitutes the Bill of Rights

H. Classification of Human Rights:

1. First Generation- Political Rights and Civil Liberties. Prohibition against

searches and seizures, undue intervention to freedom of expression. Rights
expressed in the “negative”.

A1. Right to Life

ICCPR article 6 (1) Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived of his life.

(2) In countries which have not abolished the death penalty, sentence of death
penalties may be imposed only for the most serious crimes in accordance with the
law in force at the time of the commission of the crime and not contrary to the
provisions of the present Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide. This penalty can only be carried out
pursuant to a final judgement rendered by a competent court.

(4) Anyone sentenced to death shall have the right to seek pardon or commutation
of the sentence. Amnesty, pardon or commutation of the sentence of death may be
granted in all cases.

Simon vs. Commission on Human Rights

Issue involved- whether or not the right to a decent living form part of individual’s
civil rights.
Decision:Negative.

“We are not prepared to conclude that the order for the demolition of the
stalls, sari-sari stores and carinderia of the private respondents can fall within the
compartment of "human rights violations involving civil and political rights"
intended by the Constitution”

“Civil Rights- (t)o those (rights) that belong to every citizen of the state or country,
or, in wider sense, to all its inhabitants, and are not connected with the organization
or administration of the government. They include the rights of property, marriage,
equal protection of the laws, freedom of contract, etc. Or, as otherwise defined
civil rights are rights appertaining to a person by virtue of his citizenship in a state
or community. Such term may also refer, in its general sense, to rights capable of
being enforced or redressed in a civil action. Also quite often mentioned are the
guarantees against involuntary servitude, religious persecution, unreasonable
searches and seizures, and imprisonment for debt”.

Political Rights- “Political rights, on the other hand, are said to refer to the right to
participate, directly or indirectly, in the establishment or administration of
government, the right of suffrage, the right to hold public office, the right of
petition and, in general, the rights appurtenant to citizenship vis-a-vis the
management of government”.

1987 Constitution, Article 3

Section 1. 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 19. (1) Excessive fines 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.

1987 Constitution, Article 2

Section 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 the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will 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 this or Section 17 hereof

shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to the rehabilitation of victims of torture or similar
practices, and their families.

People vs. Echegaray (Supplemental motion for reconsideration)- Death

Penalty
Contentions: a) violation of the constitutional proscription against cruel, degrading
or inhuman punishment, (b) violation of our international treaty obligations, (c)
being an undue delegation of legislative power, and (d) being discriminatory.

Decision:

a. The cruelty against which the Constitution protects a convicted man is cruelty
inherent in the method of punishment, not the necessary suffering involved in any
method employed to extinguish life humanely
b. the Second Optional Protocol to the International Covenant on Civil and
Political Rights, Aiming at the Abolition of the Death Penalty was adopted by the
General Assembly on December 15, 1989. The Philippines neither signed nor
ratified said document.

1987 Constitution, Article II, Section 12. The State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government.

A2. Freedom against torture and inhuman prison conditions

ICCPR article 7 “No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.”

Article 10. 1. All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person. 2. (a) Accused
persons shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status as
unconvicted persons. (b) Accused juvenile persons shall be separated from adults
and brought as speedily as possible for adjudication. 3. The penitentiary system
shall comprise treatment of prisoners the essential aim of which shall be their
reformation and social rehabilitation. Juvenile offenders shall be segregated.

1987 Constitution, Article Section 19- (2) The employment of physical,

psychological, or degrading punishment against any prisoner or detainee or the use
of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.

Article I, Convention Against Torture- “For the purposes of this Convention, the
term "torture" means any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as obtaining from
him or a third person information or a confession, punishing him for an act he or a
third person has committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official
capacity. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.”

People vs. Galit-

“Trial courts are cautioned to look carefully into the circumstances surrounding
the taking of any confession, especially where the prisoner claims having been
maltreated into giving one. Where there is any doubt as to its voluntariness, the
same must be rejected in toto.

A3. Equity before the Law-

Article 26, ICCPR. All persons are equal before the law and are entitled without
any discrimination to the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, .colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status.

Section 1, Article III 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.

A4. Right to Liberty, Freedom from arbitrary Arrest-

Article 8, ICCPR, 1. No one shall be held in slavery; slavery and the slave-trade in
all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No
one shall be required to perform forced or compulsory labour, (o) Paragraph 3 (a)
shall not be held to preclude, in countries where imprison ment with hard labour
may be imposed as a punishment for a crime, the performance of hard labour in
pursuance of a sentence to such punishment by a competent court. (c) For the
purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in sub-paragraph (b), normally required of
a person who is under detention in consequence of a lawful order of a court, or of a
person during conditional release from such detention; (ii) Any service of a
military character and, in countries where conscientious objection is recognized,
any national service required by law of conscientious objectors; (iii) Any service
exacted in cases of emergency or calamity threatening the life or well-being of the
community; (iv) Any work or service which forms part of normal civil obligations.

Article 9, ICCPR. 1. Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one shall be deprived of
his liberty except on such grounds and in accordance with such procedure as are
established by law. 2. Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly informed of any charges
against him. 3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release. It shall
not be the general rule that persons awaiting trial shall be detained in custody, but
release may be subject to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for execution of the judgement. 4.
Anyone who is deprived of his liberty by arrest or detention shall be entitled to
take proceedings before a court, in order that that court may decide without delay
on the lawfulness of his detention and order his release if the detention is not
lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.

Article 11, ICCPR. No one shall be imprisoned merely on the ground of inability
to fulfil a contractual obligation.

Article III, Section 2, Philippine Constitution- The right of the people to be secure
in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.

Section 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 the presence of counsel. (2) No torture,
force, violence, threat, intimidation, or any other means which vitiate the free will
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 this or Section 17 hereof shall be inadmissible in evidence
against him. (4) The law shall provide for penal and civil sanctions for violations
of this section as well as compensation to the rehabilitation of victims of torture or
similar practices, and their families.

Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion, when the public safety requires it.
Section 18. (1) No person shall be detained solely by reason of his political beliefs
and aspirations. (2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.

Rubi vs. Mindoro- Administrative Code, 800 hectares of public land in the sitio of
Tigbao on Naujan Lake be selected as a site for the permanent settlement of
Mangyanes in Mindoro

But does the Constitutional guaranty that 'no person shall be deprived of his
liberty without due process of law' apply to a class of persons who do not have a
correct idea of what liberty is and do not practise liberty in a rightful way?To say
that it does will mean to sanction and defend an erroneous idea of such class of
persons as to what liberty is. It will mean, in the case at bar, that the Government
should not adopt any measures looking to the welfare and advancement of the
class of persons in question. It will mean that this people should be let along in the
mountains and in a permanent state of savagery without even the remotest hope of
coming to understand liberty in its true and noble sense.

Further, one cannot hold that the liberty of the citizen is unduly interfered without
when the degree of civilization of the Manguianes is considered. They are
restrained for their own good and the general good of the Philippines. Nor can one
say that due process of law has not been followed. To go back to our definition of
due process of law and equal protection of the law, there exists a law ; the law
seems to be reasonable; it is enforced according to the regular methods of
procedure prescribed; and it applies alike to all of a class.

Villavicencio vs. Lukban

One fact, and one fact only, need be recalled — these one hundred and seventy
women were isolated from society, and then at night, without their consent and
without any opportunity to consult with friends or to defend their rights, were
forcibly hustled on board steamers for transportation to regions unknown

Warrantless Arrests
Rule 113 SEC. 5. Arrest without warrant; when lawful.—A peace officer or a
private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112, (5a)

Checkpoints:
Valmonte vs. De Villa-

True, the manning of checkpoints by the military is susceptible of abuse by the men
in uniform, in the same manner that all governmental power is susceptible of
abuse. But, at the cost of occasional inconvenience, discomfort and even irritation
to the citizen, the checkpoints during these abnormal times, when conducted within
reasonable limits, are part of the price we pay for an orderly society and a
peaceful community.

A5 Freedom Against Slavery

Article 8. 1. No one shall be held in slavery; slavery and the slave-trade in all their
forms shall be prohibited.

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or compulsory labour, (o)

Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment
with hard labour may be imposed as a punishment for a crime, the performance of
hard labour in pursuance of a sentence to such punishment by a competent court.
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall
not include:

(i) Any work or service, not referred to in sub-paragraph (b), normally required of
a person who is under detention in consequence of a lawful order of a court, or of
a person during conditional release from such detention;
(ii) Any service of a military character and, in countries where conscientious object
tion is recognized, any national service required by law of conscientious objectors
(iii) Any service exacted in cases of emergency or calamity threatening the life or
well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.

1987 Constitution, Section 18 (2) No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have been duly
convicted.

A6. Freedom of Movement

ICCPR, Article 12. 1. Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and freedom to choose his
residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those
which are provided by law, are necessary to protect national security, public order
(ordre public), public health or morals or the rights and freedoms of others, and are
consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.

1987 Constitution, Article III, Section 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except in the interest
of national security, public safety, or public health, as may be provided by law.

Marcos vs. Manglapus- President Aquino Banning the Return of Marcos

Issues Raised:
1. to bar former President Marcos and his family from returning to the Philippines
is to deny them not only the inherent right of citizens to return to their country of
birth but also the protection of the Constitution and all of the rights guaranteed to
Filipinos under the Constitution;2. The President has no power to bar a Filipino
from his own country; if she has, she had exercised it arbitrarily; and
3. There is no basis for barring the return of the family of former President Marcos

A7 Right to Security

ICCPR Article 17. 1. No one shall be subj ected to arbitrary or unlawful

interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference and
attacks.

1987 Constitution, Article III, Section 2

Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.

Purpose of the guaranty:

Alvero vs. Dizon- To prevent violations of private security in person and property
and unlawful invasions of the sanctity of the home by officers of law acting under
legislative or judicial sanction and to give remedy against such usurpation when
attempted.

TO Whom Directed
People vs. Andre Marti- The guarantee under the Bill of Rights can only be
invoked against the state and not against private individuals acting in private
capacity without intervention or participation of the State.

Zulueta vs. Court of Appeals- The constitutional injunction declaring the privacy
of communication and correspondence to be inviolable is no less applicable simply
because it is the wife who is the party against whom the constitutional provision is
to be enforced. A person, by contracting marriage does not shed his right to
privacy as an individual and the constitutional protection is ever available to him.

Who may invoke the Right

1 Stonehill v. Diokno, 20 SCRA 383 (1967)

The individual corporate officer cannot not invoke the right against unreasonable
search and seizure of a corporation because the corporation is a distinct and
separate personality.

2. Bache and Co., vs. Ruiz, 37 SCRA 323 (1971)

If the corporation itself invokes the right, then the evidence obtained against the
corporation must be excluded as it cannot be used against it.

Objects of Seizure

Rule 126, SEC. 3. Personal property to be seized.—A search warrant may be

issued for the search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense.

Warrantless Searches
Valid Waiver

1. People vs. Omaweng, 213 SCRA 462 (1992)

The Court held that a person who consented to the search of his vehicle cannot
thereafter complain that he was illegally searched.

2. Veroy vs. Layague, 210 SCRA 97 (1992)

The consent to check if there were rebels inside the house was not consent to
conduct a room to room search.

3. Lopez vs. Comm. of Customs, 68 SCRA 320 (1975)

The consent of a “manicurist by profession” who was, as the time, in the hotel
room, was a valid waiver that authorized the search of the hotel room.

Incidental to a Lawful Arrest

Rule 126, SEC. 13. Search incident to lawful arrest.—A person lawfully arrested
may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.

1. People v. Malmstedt, 198 SCRA 401 (1991)

The search of a suspicious looking pouch on the waist of Malmstedt was valid
considering that there was probable cause to arrest him. The Court also held that
the search of the two bags under the control of Malmstedt was an incident to a
lawful arrest.

2. People vs. Libnao, et. al., G.R. No. 136860, January 20, 2003

A search at a checkpoint that was set up as a result of months of surveillance and

intelligence information and done contemporaneously with a valid warrantless
arrest is a valid search

PLAIN VIEW

The Plain View Doctrine Objects in the (1) plain view of a law enforcement officer
who has a (2) right to be in the position to have the view are subject to seizure and
may be presented in evidence.

Elements of Plain View:

1. A previous valid intrusion
2. Evidence is inadvertently discovered
3. Evidence is apparently illegal
4. Seizure of the item without further search

Padilla v. CA, 269 SCRA 402 (1997)

The Court held that when Padilla raised his hand and thereby exposed the
handgun tucked in his waist, the gun was a plain view of the officers and may be
seized. Same is true of the armalite magazine in his pocket, as well as the baby
armalite which was in plain view when Padilla opened his vehicle.

Minimum Procedural Guarantees of an accused

ICCPR
Article 9. 1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are established
by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons
for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly

before a judge or other officer authorized by law to exercise judicial power and
shall be entitled to trial within a reasonable time or to release. It shall not be the
general rule that persons awaiting trial shall be detained in custody, but release
may be sub ject to guarantees to appear for trial, at any other stage of the judicial
proceedings, and, should occasion arise, for execution of the judgement

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to

take proceedings before a court, in order that that court may decide without delay
on the lawfulness of his detention and order his release if the detention is not
lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
Article 14. 1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and obligations
in a suit at law, everyone shall be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law. The Press and
the public may be excluded from all or part of a trial for reasons of morals, public
order (ordre public) or national security in a democratic society, or when the
interest of the private lives of the parties so requires, or to the extent strictly
necessary in the opin ion of the court in special circumstances where publicity
would prejudice the interests of justice; but any judgement rendered in a criminal
case or in a suit at law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial disputes or the
guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be

entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of

the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; and to have legal assistance assigned to him, in any case
where the interests of justice so require, and without payment by him in any such
case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same conditions
as witnesses against him; (/) To have the free assistance of an interpreter if he
cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account
of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and
when subsequently his conviction has been reversed or he has been pardoned on
the ground that a new or newly discovered fact shows conclusively that there has
been a miscarriage of justice, the person who has suffered punishment as a result of
such conviction shall be compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he
has already been finally convicted or acquitted in accordance with the law and
penal procedure of each country.

Article 15. 1. No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty
be imposed than the one that was applicable at the time when the criminal offence
was committed. If, subsequent to the commission of the offence, provision is made
by law for the imposition of a lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any per son for
any act or omission which, at the time when it was committed, was criminal
according to the general principles of law recognized by the community of nations.

Article III, 1987 Constitution

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

(2) In all criminal prosecutions, 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 witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been duly
notified and his failure to appear is unjustifiable.

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

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

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

PRESUMPTION OF INNOCENCE

People vs. Dramayo

Contention: Absence of Evidence to convict beyond reasonable doubt

The conscience must be satisfied that on the defendant could be laid the
responsibility for the offense charged; not only did he perpetrate the act but that it
amounted to a crime. What is required is moral certainty. This is to end that the
court’s mind should not be tortured with doubts, that the innocent may not suffer
and the guilty not escaped punishment.

RIGHT TO BAIL

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

SECTION 1. Bail defined.—Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail may
be given in the form of corporate surety, property bond, cash deposit, or
recognizance, (1a)

Teehankee vs. Rovira

All person shall before conviction be bailable except those charged with capital
offense when the evidence of guilt is strong. From the moment he is placed under
arrest, detention or restraint by the officers of law, he can claim his guarantee of
the Bill of Rights and the right retains unless he is charged with a capital offense
and the evidence of guilt is strong. If there is presumption of innocence of one
already formally charged with criminal offense, this presumption should be
indulged in favour of one not yet so charged, although already arrested or
detained.

Enrile vs. Sanddiganbayan

Contentions:
1. Before Judgment of Sandiganbayan, he is bailable as a matter of right
2. He will not be punished by reclusion perpetua because of 2 mitigating
circumstances, (1) he is old (2) he voluntarily surrendered
3. Prosecution failed to prove that the evidence of his guilt is strong
4. He is not a flight risk

Decision:

1. Special humanitarian, compelling reason- Enrile is old and has many sicknesses
2. He is not a flight risk as shown in his respect for legal process.

He should be allowed to bail for it will enable him have his medical condition
properly addressed, aid his preparation for defense, and guarantee his appearance
before the court.