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What are Human Rights?

Equality and non- discrimination:
Human rights are rights that are inherent to all Substantive right
human beings. They acknowledge that every individual
is entitled to enjoy his or her human rights without Basic Characteristics of Human Rights
discrimination based on gender, age, language, color, There are different characteristics that human
religion, political view and opinion. From a legal rights possess. Some of the most important
standpoint, human rights are the sum of individual and characteristics are as follows:
collective rights that the state has recognized through
national legislation and international community through Human rights are inherent – They are not granted by
international human rights norms. All individuals, who are any person or authority;
considered rights- holders, states and duty bearers are
obligated to protect, respect and fulfill human rights laws. Human rights are inalienable – They cannot be
rightfully taken away from an individual;
Human Rights Laws guarantees individuals with
protection against actions that might interfere with Human rights are imprescriptible – They cannot be
fundamental freedoms and human dignity. It is only after denied even when other rights have already been
post- World War II regulations that human dignity formed enjoyed;
its meaning in legal and political discussions. In the
Human rights are indivisible – They cannot be denied
aftermath of World War II, the Universal Declaration of
even when other rights have already been enjoyed;
Human Rights was created. According to the Universal
Declaration of Human Rights or UDHR, all human beings Human rights are interdependent – The fulfillment or
are born free and equal in dignity and rights. The UDHR exercise of a right cannot be had without the realization
was adopted by the United Nations General Assembly in of other rights;
December 1948. The Declaration recognizes that the
inherent dignity of all human beings is the foundation for Human rights are universal – They are available to all
the world to achieve freedom, justice and peace. The human beings irrespective of their origin, status or
Declaration also dictates that no person should be condition, or place where they live; and
subjected to slavery or torture or be deprived of his or
Human rights are fundamental – Without them, the life
her nationality. Every human being should have the right
and dignity of man will be meaningless.
to recognition and fair judgment.
Sources of Human Rights
These rights are expressed in treaties, customary
international laws, body of principles and other sources Customary international law (or simply, Custom)
of laws. Human rights law obligates states to act in a
certain manner and also prohibits specific actions that One that is developed through the general and
might work against an individual or a population. consistent practice of states and is followed out of a
sense of legal obligation.
Basic Human Rights and their Categories
Treaty law
Civil and Political Rights:
Human rights provided in international
Right to life, prohibition of torture, prohibition of agreements such as treaties, covenants and conventions
slavery, right to personal liberty and security, right to a have been collectively (either bilaterally or unilaterally)
fair trial, right to private and family life, freedom of developed, signed, and ratified by different states.
conscience and religion, freedom of expression, freedom
of association and assembly, freedom of movement, Treaty laws may be:
right to vote, and right to property
 General
Economic, Social and Cultural Rights:  Specific
 Specific as to coverage/ protected persons
Rights to work and free choice of employment,
just and favorable condition of work, form trade unions, Philosophical and Pragmatic Approaches
social security, adequate standard of living, health and
education, and take part in cultural life and enjoyment of Two main approaches may be adopted to explain
scientific processes. the nature of human rights. These approaches are
philosophical approach and pragmatic approach.
Solidarity/ Collective Rights:
The philosophical approach, also known as the
Rights to self- determination, rights of indigenous theoretical approach, has been categorized into five
peoples or minorities (cultural heritage and participation), theories:
and right to development.
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The Natural Rights Theory • Vedas means “knowledge” in that they are
thought to contain the fundamental knowledge
According to John Locke, an American relating to the underlying cause of, function of,
philosopher, human beings are born with inalienable and personal response to existence.
natural rights. According to Locke, these rights are God-
given rights and can never be taken away. Locke also • Considered to be the oldest religious works in
stated that the fundamentals of natural rights are life, the world.
liberty and property.
The Code of Hammurabi
The Legal Rights Theory
• The Code of Hammurabi a collection of 282
The principle of Legal Rights Theory is that rules, established standards for commercial
human rights completely depend on the recognition by interactions and set fines and punishments to
states and institutions. The theory provides that an meet the requirements of justice.
individual cannot claim his or her rights if these are not
recognized by his or her state and institution. • Carved onto a massive, finger-shaped black
stone stele (pillar) that was looted by invaders
The Historical Theory of Rights and finally rediscovered in 1901.
This theory states that the rights of human beings The Bible
are not created by the state but the product of historical
evolution of humans. • The Bible is a collection of religious texts,
writings, or scriptures sacred
The Social Welfare Theory of Rights in Judaism, Samaritanism, Christianity, Islam, R
astafari, and many other faiths.
The theory believes that human rights are
created by society based on and in consideration of the • It appears in the form of an anthology, a
common welfare of human beings. The theory also compilation of texts of a variety of forms that are
assumes that if the society does not approve of the right, all linked by the belief that they are
then it will not be recognized. collectively revelations of God.
The Idealistic Theory of Rights The Quran
The Idealistic Theory of Rights, also known as • The Quran (Koran) is the central religious
Personality Rights Theory, suggests that human rights text of Islam, believed by Muslims to be
are the external factors affecting the internal and real a revelation from God (Allah).
development of an individual. This theory treats the
rights to personality as a supreme and absolute right. • It is widely regarded as the finest work
in classical Arabic literature.
Human Rights are rights that every person has as a
consequence of being a human being. It is a right that is Analects of Confucius
universal. This means that every person, regardless of • The Analects of Confucius is an ancient Chinese
his or her gender, race, religion, political view, and other book composed of a large collection of sayings
differences, is being protected by it and its laws. It is and ideas attributed to the Chinese
inalienable – no person can take it away from an philosopher Confucius and his contemporaries,
individual, subject to exceptions. It is indivisible, traditionally believed to have been compiled and
interrelated and interdependent – all human rights written by Confucius's followers.
should be honored and given importance equally.
Cyrus Cylinder
Social Institutions
• Cyrus II began his reign as the King of Persia by
– Family decreeing a reform in 539-530 BC.
– Religion • The reform also established racial equality,
– Community including religious freedom for all people of the
Persian Empire.
– State or Government
• One of the oldest evidence of human rights
History recognition.
The Golden Rule states: The Magna Carta
“Do not do to others what what you do not want others • In 1215, King John of England signed the Magna
do unto you” Carta also known as the “Great Charter”.
The Hindu Vedas
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• Established the idea that everybody, including • Human rights violation became an integral
the king, is subject of the law. element in the strategy of controlling the citizens
of the country.
Petition of the Right
• After the end of the Marcos regime, the 1987
• Sent by the English Parliament to the king of Philippine Constitution was drafted, under the
England, King Charles I. new administration of the late President Cory
• Was raised when Charles I started to force loans Aquino.
on his people and tax them excessively, sending • The Commission on Human Rights, or CHR,
to prison those who did not pay. was created in response to human rights
• Initiated by Sir Edward Coke, and it was based violations committed during the Martial Law.
on the earlier statutes and charters of the Magna • The mission of this commission is to promote
Carta and the Cyrus Cylinder. equal treatment and opportunity among
The Bill of Rights Filipinos, to provide a life of dignity, and to
protect against the abuse and oppression.
• The Bill of Rights limits the power of the
government of the United States of America and INTERNATIONAL CONVENTIONS ON HUMAN
protects the rights of all citizens, residents, and RIGHTS
visitors in American territories.
The United Nations DEFINITION OF TERMS
• The United Nations (UN) was established in • Conventions – Formal agreements, which are
1945 for the maintenance of international peace legally binding on contracting states; also
and prevention of conflicts. referred to as treaty.
• The goal was to ensure that what happened in • UN Human Rights Office of the High
World War II will never happen again, Commissioner – A United Nations agency
particularly that no one will ever be unjustly responsible for the promotion and protection of
denied of life, freedom, shelter, food and human rights.
nationality.
International Convention on the Elimination of All
4 essential freedoms: Forms of Racial Discrimination (ICERD)
• Freedom of speech • Adopted on December 21, 1965
• Freedom of religion • This convention upholds that “the existence of
• Freedom from want racial barriers is repugnant to the ideals of any
human society”.
• Freedom from fear
• It seeks to combat all forms of racial
Human Rights in the Philippines discrimination.

• The Philippines has gone through a period of • Racial Discrimination, defined as “any
colonialism that lasted for 333 years under distinction, exclusion, restriction, or preference
Spanish colonialism and 48 years under based on race, color, descent, or national or
American rule. ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment
• The country gained its independence from
American colonialism in 1945. or exercise, on an equal footing, of human rights
and fundamental freedoms in the political,
• The Universal Declaration of Human Rights was economic, social, cultural, or any other field of
adopted by the general assembly of the United public life”.
Nations as the UN Resolution on December 10,
1948, and the country is one of the 48 countries The specific rights identified in this convention can be
who voted in favor of the declaration. found in Part 1, Article 5. Some of these rights are as
follows:
• In 1972, the Philippines was placed under
Martial Law under the late President Marcos’ 1. Equal treatment before tribunals and
dictatorship. other organs of administering justice
2. Right to security of person and
protection by the state
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3. Political Rights – Right to Social Security. Social
protection and adequate standard of
4. Civil Rights living (Art. 9- 11);
5. Right to access to any place or service – Right to highest attainable standard of
for public use health- both physical and mental (Art.
2. International Covenant on Civil and Political 12)
Rights (ICCPR) – Right to Education (Art. 13- 14); and
1. Adopted on December 16, 1966. – Right to cultural rights, enjoyment of
2. This convention states that “by virtue of scientific progress and technologies,
that right they freely determine their and enjoyment of benefits from one’s
political status and freely pursue their creative production (Art. 15), among
economic, social and cultural others.
development.” Convention on the Elimination of All Forms
Some of the salient provisions in this convention of Discrimination Against Women (CEDAW)
are as follows: – Adopted on December 16, 1979.
– Right to self- determination (Art. 1) – This convention upholds the equality of
– Right to effective remedy, determined by rights of men and women in line with
competent authorities (Art. 2) existing international covenants on
human rights. However, the same
– Inherent right to life (Art. 4), with recognizes that despite these
provisions on death penalty in countries instruments, the discrimination of
imposing such; women persists, which necessitates the
creation of this specific theory.
– Prohibition on torture and other forms of
cruel and inhuman treatment/ The convention defines “discrimination against
punishment, with emphasis on the need women” as “any distinction, exclusion or
for consent when participating in human restriction made on the basis of sex which has
experimentation; the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by
– Prohibition on slavery and forced/ women” (Art. 1)
compulsory labor
• Specific provisions of the convention include:
– Right to fair trial and presumption of
innocence (Art. 14) – An embodiment of gender equality in
national laws (Art. 2)
– Right to freedom of thought and opinion
(Art 18- 19) – Ensuring women development (Art. 2)
and
– Others
– Gender equity in political and civil
International Covenant on Economic, Social endeavors (Art. 7- 9), education (Art.
and Cultural Rights (ICESCR) 10), employment (Art. 11), and health
care (Art. 12), among others.
– Adopted on December 16, 1996
Convention Against Torture and Other Cruel,
– This convention provides “to ensure the
Inhuman or Degrading Treatment or
equal right of men and women to the
Punishment (CAT)
enjoyment of all economic, social, and
cultural rights.” – Adopted on December 10, 1984.
Some of the economic, social and cultural rights – This convention was anchored on the
identified are as follows: Universal Declaration of Human Rights
and the ICCPR. It upholds that “no one
– Right to work and just and favourable
shall be subjected to torture or to cruel,
conditions at work (Art. 6-7)
inhuman or degrading treatment or
– Right to form trade unions and the right punishment.”
to strike, as long as in conformity with
Convention Against Torture and Other Cruel,
the laws of the country (Art.8)
Inhuman or Degrading Treatment or
Punishment (CAT)
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– Adopted on December 10, 1984. As the campaign started, bodies upon bodies of people
reportedly involved in drugs have been reported. Police
– This convention was anchored on the forces have started acting upon the lives of the people
Universal Declaration of Human Rights without sanction of any legal process. Minors started
and the ICCPR. It upholds that “no one becoming casualties as masked unidentified gunmen
shall be subjected to torture or to cruel, also started taking part in the campaign, which was said
inhuman or degrading treatment or to have no connection with the police and were isolated
punishment.” cases. The extrajudicial killings or EJKs have caused
• Torture is defined by the convention as “any act public disagreement, as some believe that human rights
of people should still be prioritized, and some agree that
by which severe pain or suffering, whether
killing people involved with drugs would help the country
physical or mental, is intentionally inflicted on a
in general.
person for such purposes as obtaining from him
or a third person has committed or is suspected Martial Law - Essentially placing civil functions under
of having committed, or intimidating or coercing the military control for specific reasons, such as "lawless
him or a third person, or for any reason based violence, invasion, or rebellion" (Art. VII, Sec. 18, 1987
on discrimination of any kind, when such pain or Philippine Constitution)
suffering is inflicted by or at the instigation of or The Kian delos Santos Case
with the consent or acquiescence of a public
official or other person acting in an official This case was one of the infamous examples of EJK,
capacity”. (Art. 1) among the many casualties of the war on drugs. Then
17-year-old Kian Loyd delos Santos was shot and killed
Other International Conventions during the Oplan Galugad that took place on the night of
August 16, 2017 in Caloocan City. The victim allegedly
– Convention on the Rights of the Child "fought back at the police and shot a gun against them"
(CRC), adopted on November 20, 1989, when confronted by the police. A gun and two sachets of
serves as the foundation of the pillars of shabu were recovered from the body of Kian, which the
children’s rights. relatives said neither belonged to him. A CCTV footage
– International Convention on the came out, falsifying the claim against Kina, and it
Protection of the Rights of All Migrant showed that Kian was on the floor, begging for his life
Workers and Members of their before a series of gunshots. This caused a public outcry,
Families (ICMW), adopted on and the three police involved in the case were criticised
December 19, 1990, defines the various by the public.
types of migrant workers. The Martial Law in Mindanao
– International Convention for the On May 23, 2017, the rising conflicts in Mindanao,
Protection of All Persons from specifically in Marawi between the Armed Forces of the
Enforced Disappearance (CPED), Philippines and the Islamist group forced the president to
adopted on December 20, 2006, defines place the whole of Mindanao, including Basilan, Sulu,
enforced disappearance as “the arrest, and Tawi- Tawi under Martial Law. The major implication
detention, abduction, or any other form of this was that the writ of habeas corpus was going to
of deprivation of liberty by agents of the be suspended, whihc meant that public officials are
State or by persons or groups of allowed to detain individuals without bringing the said
persons acting with the authorization, person to the court of law. This caused public fear and
support or acquiescence of the State, dismay, as many have theorized that Duterte was going
followed by a refusal to acknowledge to use this and extend Martial Law not only in Mindanao,
the deprivation of liberty or by but also over the country. It is well- known that the
concealment of the fate or whereabouts country has undergone Martial Law under the regime of
of the disappeared persons, which place Marcos, resulting in thousands of casualties and missing
such a person outside of the protection victims that are still not found up to this day.
of the law”
– Convention on the Rights of Persons
with Disabilities (CPRD), adopted on Release of the Drug Lords Case
December 13, 2006, seeks to protect
the rights of persons with various forms A matrix was released and certain individuals were
of disability. identified to be the "big guns" involved in drug trafficking
in the country. Among those were Peter Lim and Kerwin
Extrajudicial Killing (EJK) - Killing of a person by Espinosa. Peter Lim denied the accusation that he was a
authorities, without judicial sanction drug lord in the country, but Kerwin Espinosa
surrendered and acted as a witness for the court. He
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alleged Peter Lim to be his supplier. Despite Kerwin to discuss the current situation of human rights in the
Espinosa's confession as to being a drug lord, the court Philippines.
dismissed his charges together with Peter Lim due to
lack of evidence. Duterte later on fumed with anger by The Death Toll
this court decision and ordered Lim to be arrested, wjho As of June 2019, the death toll of people involved in
now has gone missing. The president was infamously drugs is "estimated" to be around 6,000 people as given
remembered stating "Commit suicide rather than by the Philippine National Police.
surrender." This sparked conspiracy theories such as
that the president was doing this in an attempt to cover The PNP stated as well that "homicides" committed by
up his "buddy" among the public. unidentified gunmen totaled to about 22, 983.
Majority of the victims belong to the families whose
income are below P10,000.
President Threatening to Leave UN
Crime Rate
As the United Nations grew wary of the "war on drugs",
the UN repeatedly tried to condemn the drive as a The PNP data showed a 22.6% drop in the crimes index
violation of human rights. The President then threatned such as murder, homicide, physical injury, rape, robbery,
to "separate" from the UN and form another body with theft and carnapping.
China and African nations. This sparked controversy not
only in the Philippines but also all around the world. Tourism
From this point on, the president started to become a
The then tourism secretary urged the media to "tone
notorious figure. It can be noted that it is also around that
down" the coverage of the Duterte drug war, as EJK was
time that the president started to strenthen relations with
scaring away foreigners.
China.
Innocent lives
Oplan Tokhang
Normal citizens were scared of going out during the
This was part of the war on drugs campaign, famously
public outrage of the killing of Kian delos Santos as more
known as an operation where the police would knock on
teenagers were killed during the same week.
the doors of suspected users and ask them to surrender.
Do remember that one of the president's mandates for Drug Use Rate
the police is if the suspect "fights back", they are free to
gun down the alleged suspect. This caused dismay Estimated number of people who use drugs went from
among the public as the cases seem to be targeted to the estimated 1.7 million up to an estimated 4 million
the poor and the minors only. Thousands of casualties despite the current war on drugs.
were recorded and further caused public dismay.
The Philippine Drug Enforcement Agency (PDEA) stated
The Human Shield Case this number is a metric on how effective the drug war is,
as the increase in population is caused by the number of
Another minor casualty was recorded, as another child's people coming forward on using drugs.
life was taken. The three-year old was in her home
during the anti- drug operation in Rizal. The police stated Philippines, One of the Most Dangerous Places to Live in
that the suspect used the child as the human shield
Based on the Armed Conflict Location and Event Data
against them. The casualties were the lives of one
Projects (ACLED) findings, it was stated that the
police, the suspect and the child. The police were later
Philippines was among the most dangerous countries in
criticized as it was deemed to be a lame excuse to cover
the world to be in, ranked at number four.
up the casualties, as it does not make sense for a father
to use a child as his own shield and how poorly the Human Rights in Philippine Law Enforcement
operation was handled. The mother's testimony also
stated that the child was not used as a shield. Introduction:

Arguably, there have been disputes over whether the

country has become a safer place or notas a result of the
drug war, in which facts will be discussed to understand The incorporation of the study of human rights in the law
the current situation of human rights in the country. enforcement service is a growing and a continuously
evolving trend. In the performance of their duties as law
FAST FACTS enforcement agents, it is indispensable, if not
unavoidable to keep the principles of human rights,
In discussing a controversial aspect such as the particularly in approaching an apprehended or arrested
involvement of human rights, it is important that we use person. The study of human rights goes hand in hand
facts as basis to prove certain aspects as there is always with the law enforcement in the sense that every person,
two sides to a story. There is always a need to stay away whether accused of a crime or not is entitled to dignity
from bias as much as possible. In this case, we use facts and respect.
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Individual Human Rights and the development of international declarations,
guidelines and bodies of principles. States agree on the
All human rights, regardless of category , are indivisible content of these sources and agree to be bound by
and interdependent – realizing one right is an essential them. In case of human rights, while it is individuals and
condition for or is instrumental to realizing other rights, groups who are protected, it is the conduct of states (and
such as the rights of the suspects as enshrined and state actors) that is regulated.
guaranteed by no less than the Constitution. Protection
of human rights is continually observed and subject ti The Philippine Commission on Human Rights
very defined exceptions. Protection of human rights is
essentially a matter of learning and understanding the The Commission on Human Rights (CHR) is an
basic human rights of a person and acting in accordance independent National Human Rights Institution (NHRI)
with those rights in dealing with every individual – created under the 1987 Philippine Constitution,
whether law enforcement’s side or the citizen’s side. This established on May 5, 1987 by virtue of Executive Order
means that human rights must come from both ends – No. 163.
the law enforcement agent must respect the rights and The Commission is mandated to conduct investigations
dignity of the person they are in contact with, and the on human rights violations against marginalized and
latter must repeat the authority and dignity of the law vulnerable sectors of the society, involving civil and
enforcement agent. political rights.
State Obligations in Human Rights Law Enforcement and Human Rights
Obligation to respect human rights – Refrain from Every law enforcement agent is enjoined that “In the
illegal and disproportionate actions. Avoid unjustified exercise of his rights and freedoms, everyone shall be
interferences, such as the right to privacy and the subject only to such limitations as are determined by law
sanctity of a home. solely for the purpose of securing due recognition and
Obligation to protect human rights – Take executive, respect for the rights and freedoms of others and of
legislative and judicial action to enure human rights of meeting the just requirements of morality, public order
every human being such as the right of persons arrested and the general welfare in a democratic society.”
or under custodial investigation. Therefore, in modern democracies, the protection of
Obligation to fulfil human rights – It means that the human rights remains an inherent duty of every law
State must take positive action to facilitate the enjoyment enforcer. This is in addition to his fundamental duty to
of basic human rights. maintain public peace and order and ensure the general
welfare of the community.
Police Obligations in Human Rights
According to the PNP Guidebook on Human Rights,
When a police officer arrests a suspect, he or she is Human Rights- Based Policing (HRBP) is the
interfering with that suspect’s human right to personal comprehensive, systematic and institutional compliance
liberty and security. The basis for interfering or with international human rights standards and practice in
deprivation of liberty brought about by arrest is to protect the conduct of police or law enforcement functions. It is
the life of others or to enforce the law but at all times also an approach to policing that defines the relationship
must have basis in law. between individual citizens and various groups or
sectors of society as claim holders whose rights have to
Characteristics of Human Rights be respected and protected by the police and the police
Internationally guaranteed as duty holders that have obligations to respect, protect,
and fulfil human rights. The HRBP also aims to empower
Legally protected claimholders to claim their rights, while strengthening the
capacities of duty holders to meet their duties and
Focus on the dignity of the human being obligations as human rights protectors.
Protect individuals and groups Human rights- based policing is considered to be
institutionalized when human rights principles and
Oblige States and State Actors
practices are taught and applied in all levels, in both
Cannot be waived or taken away operational and administrative functions of the police
organization. Once human- rights based policing is
Equal and interdependent institutionalized, a police organization enhances its
effectiveness and credibility in networking with other
Universal government and non- government agencies to address
Who Makes Human Rights Rules? various human rights issues and concerns.

It is the states themselves who make the rules through As a reform initiative, human rights- based policing is a
the development of customs, the development of treaties strategic approach for reorienting the police organization
from the traditional policing models or theories based
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purely on social control or repression to a new paradigm
anchored on genuine respect for human rights and
dignity, transparency, accountability, rule of law and
people’s active participation in democratic governance. Basic International Human Rights Standards for the Law
Characteristics of Human Rights- Based Policing Enforcement

The PNP Guidebook on Human Rights- Based Policing

provides for the characteristics of human rights- based There are at least 10 basic international human rights
policing as follows: standards for law enforcement that all police
Strict Observance of Police Policies and Procedures organizations around the world must strive to attain. By
adhering to international standards, the PNP is able to
Human rights- based policing entails strict observance comply with a uniform set of principles and practices that
of police policies and operational procedures. is expected from all police officers by the international
community:
Adherence to International Human Rights Standards for
Law Enforcement Equal Protection
Human rights- based policing is about adhering to Everyone is entitled to equal protection of the law without
international standards of human rights in law discrimination on any grounds, and especially against
enforcement. violence and other threats.
Professional Competence and Courteous Service
Human rights- based policing is demonstrated through Respectful Treatment
professional competence and courtesy. In order to
prevent human rights violations, the police must only use Treat all citizens and victims of crime with compassion
calibrated force to subdue suspects. This can only be and respect, with utmost consideration for their need for
taught through realistic simulation of incidents involving safety and privacy.
both armed and unarmed suspects, as well as compliant
and resisting persons. They must understand that force
is only used when normal persuasion fails and when it is It must be remembered that under the law, all arrested
absolutely necessary to overcome a threat to public persons and detainees are still considered innocent and
safety. have the right to due process. Only the court can
determine their guilt or innocence. Even when they are
already convicted by the court, they can still have the
Respect for Rule of Law and Civilian Supremacy right to be treated humanely, with full respect and dignity.

Human rights- based policing is anchored on the rule of

law and recognition of civilian supremacy. From the term Use of Force
“law enforcement”, it is understood that there can be no
enforcement apart from the law. Any act of enforcement Do not use force, except when strictly necessary and to
apart from the law may be considered criminal or at the the minimum extent required under the circumstances.
very least, an abuse of authority.

Policing Non- Violent Assemblies

Pro- Democracy and Pro- Citizen
Avoid using force when policing unlawful but non-
Human rights- based policing is democratic and citizen- violent assemblies. When dispersing violent assemblies,
centered. Democratic values are best demonstrated by use of force shall only be at a minimum.
the police when it seeks greater participation by the
community in maintaining peace and order. The police
organization must always remain responsive and
Use of Lethal Force
relevant to the needs of the community – which is
actually the PNP’s main clientele. Through dialogues Lethal force should not be used, except when strictly
and consultations with stakeholders, the police are able unavoidable in order to protect your life or the lives of
to learn about the issued and concerns that must be others.
addressed at the community level. In most, if not all
situations, full cooperation between the police and the
community is required in order to solve peace and order
Arresting Persons on Legal Grounds
problems.
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Arrest persons only if there are legal grounds to do so, Punishing, intimidating or coercing.
and the arrest is carried out in accordance with lawful
arrest procedures. Enforced or Voluntary Disappearance (Desaparecidos)
This is the arrest, detention, abduction or other
deprivation of liberty by the government or its agents, or
Detainee’s Rights with their complicity, tolerance or acquiescence, where
the fate or whereabouts of the victim is not disclosed or
Ensure that all detainees, immediately after their arrest, custody is not confirmed.
have access to their family and lawyer. They must also
be given immediate medical assistance whenever
necessary.
Extralegal, Aribtrary and Summary Executions
(Extrajudicial Killiings)
Human Treatment of Detainees This refer to the deprivation of life without full judicial
and legal process and with the involvement, complicity,
All detainees must be treated humanely, Under any tolerance or acquiescence of the government or its
circumstances, do not inflict, instigate, not tolerate any agents. It includes death through the excessive use of
act of torture or ill- treatment and refuse to obey any force by police or security forces.
order to do so.

The Philippine Criminal Justice System and Human

Refusal to Obey Unjust Orders Rights
Do not carry out, order, or cover- up extra- legal killings - The term “criminal justice
or enforced disappearance and refuse to obey any order system” encompasses a chain
to do so. of events, activities, tasks, or
functions that constitute the
official response to perceived
Reporting Violations problems of law and order,
which includes the following:
Report all violations of these standards to your senior crime prevention and crime
officer and to the nearest prosecutor’s office. Do reduction; the arrest and
everything within your ability and authority to ensure that prosecution of suspects; the
steps are taken to investigate violations of these hearing of criminal cases by the
standards. courts; sentencing,
administration, and enforcement
Ethical and Legal Conduct of Law Enforcers
of court orders; parole and other
Police are the first line of defense for human rights. forms of license for prisoners;
They are guardians of the law, including human rights and work with offenders and ex-
law. The community depends on the police to protect the offenders in prison or in the
full range of rights through the effective enforcement of community.
the country’s criminal laws.
INTRODUCTION TO THE FIVE PILLARS OF THE
PHILIPPINE CRIMINAL JUSTICE SYSTEM
Overview of the Philippines Criminal Justice System
In the Philippines, the “criminal justice system” consists
of the system of courts, including the barangay justice
The following are some of the most serious human rights system, the informal justice system implemented through
violations requiring police vigilance. practice particularly by indigenous communities, and the
quasi- judicial bodies empowered by law to perform
adjudicatory functions; the systems for law enforcement
Torture and prosecution which involve investigating,
apprehending, and prosecuting those who could not be
This refers to any committed with the intent to cause deterred from violating the law and the rehabilitating
severe pain or suffering, mental or physical, for the offenders and returning them to the community as law-
purpose of: abiding citizens; and the community which collectively
imposes limitations on individual behaviour of citizens for
the common good of civilized and democratic society
Obtaining information or a confession; and that deters criminality and criminal behaviour. Plainly, the
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Philippine Criminal Justice System or PCJS can be highest court of the land; the intermediate courts
defined as a system or process in the community by consisting of the Court of Appeals, Sandiganbayan and
which crimes are investigated and the persons the Court of Tax Appeals; the second- level courts, which
suspected thereof are taken into custody, prosecuted in consists of regional trial courts; and the first level courts
court, and punished, and if found guilty, provisions are comprising of the metropolitan trial courts, municipal trial
being made for their correction and rehabilitation. courts in cities, municipal trial courts and municipal
Institutional Framework of the Five Pillars of the PCJS; circuit trial courts.
Summary of Functions and Composition Other countries
have only three or four pillars of the criminal justice, but
the PCJS is composed of five pillars with the inclusion of Correction
the community among the pillars.
In the Philippines, the responsibility for the criminal
justice system is primarily on the national government Function. Correction, inmates’ welfare and development,
with local governments performing supportive roles. rehabilitation, jail/ prison management and reintegration.

Law Enforcement Composition. It is composed of two major and equally

significant components; the institution- based and the
community- based corrections. The institution- based
Function. Law enforcement involves prevention of the corrections are composed of prisons and jails
commission of crime and the protection of the life, liberty administered by the Bureau of Corrections of the DOJ,
and properties of citizens. The national government THE Bureau of Jail Management and Penology of the
plays the primary role in law enforcement, particularly in DILG, the local government units with regard to
policing. provincial and sub- provincial jails. Community- based
corrections pertain to probation and parole. The Bureau
of Pardons and Parole is authorized by law to grant
parole to qualified prisoners, whereas the Parole and
Composition. Composed of five major law enforcement Probation Administration (PPA) of the DOJ administers
agencies, such as the Philippine National Police (PNP), the probation and parole systems in the Philippines.
National Bureau of Investigation (NBI), Philippine Drug
Enforcement Agency (PDEA), Bureau of Immigration and Community
Deportation (BID), and Bureau of Customs (BOC).

Function. The community pillar collectively imposes

Prosecution limitations on individual behaviour of citizens that deter
criminal behaviour for the common good of civilized and
democratic society.
Function. The prosecution pillar conducts preliminary
investigation of cases filed in the prosecutors’ offices and
prosecutes cases filed in the court against alleged Composition. Composed of the nongovernment
offenders after probable cause has been established. organizations (NGOs), civil society organizations
(CSOS), Commission on Human Rights (CHR),
Department of Social Welfare and Development
Composition. Composed of two national agencies, the (DSWD), schools/ universities and church/ religious
National Prosecution Service (NPS), an organic unit of groups.
the Department of Justice, and the Office of the
Ombudsman.
Interrelationship Among the Five Pillars of the PCJS

Judiciary
Given that the pillars operate in just one system, the
efficiency and the effectiveness of one can easily be
Function. Judicial power is vested in the judiciary. The hampered by the inefficiency and incompetence of the
judiciary pillar adjudicates cases and renders judgement. other, notwithstanding the fact that they function
separately.

Composition. The Philippine judiciary is a four- tiered

court system consisting of the Supreme Court as the
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Acknowledging that each pillar depends of the other, it Integrated National Police (INP) pursuant to Presidential
cannot be stressed enough that for the PCJS to be Decree No. 765; the officers and enlisted personnel of
effective, coordination between and among the different the Philippine Constabulary (PC); and the regular
pillars must be strengthened. operatives of the abolished NAPOLCOM Inspection,
Investigation and Intelligence Branch.

A stronger PCJS will, undoubtedly, not only result in a

safer and more just society but also inevitably contribute B. NATIONAL BUREAU OF INVESTIGATION
to the economic development of the country. This is
because it is believed that there exists a link between
economic development and “amenities” such as low The National Bureau of Investigation was created in
crime rate. 1936 with the enactment of Commonwealth Act No. 181,
EXAMINING THE FIVE PILLARS OF THE PHILIPPINE as a Divison of Investigation (DI) under the Department
JUSTICE SYSTEM of Justice. Under this law, its mandate was to serve
warrants and subpoenas; to make seraches and
seizures under the legal warrants for violations of the
laws of the Philippines; and to make arrests without
INTRODUCTION warrants for crimes committed in their presence or within
their view.

In the previous lesson, an overview of the basic

concepts and principles of the Philippine Criminal Justice Republic Act No. 157 repealed Commonwealth Act No.
System was provided. In this topic, the five pillars of the 181 and converted the Division into the Bureau of
PCJS shall be closely examined. Investigation with its functions expanded and the powers
of its investigating staff increased.

LAW ENFORCEMENT PILLAR

Executive Order No. 94, issued on October 4, 1947,
renamed it to the presently known National Bureau of
Law enforcement agencies are organizations and offices Investigation (NBI).
of the government that enforce the laws or assist in the
enforcement of the laws as mandated by the law
creating them. The law enforcement pillar serves as the C. PHILIPPINE DRUG ENFORCEMENT AGENCY
front line of the encounter with the criminals or those
who threaten the social order. They are the arm of the
government charged with the enforcement of the law.
They play a vital role in enforcing the laws. The enactment of Republic Act No. 9165 or the
Dangerous Drugs Act of 2002 reorganized the Philippine
drug enforcement system. The law created the Philippine
Durg Enforcement Agency (PDEA) under the Office of
The Philippine National POLICE, the National Bureau of the Presiden. The new law abolished the National Drug
Investigation, the Philippine Drug Enforcement Agency Law Enforcement and Prevention Coordinating Center,
and the National Police Commission, along with 34 Philippine National Police- Narcotics Group (PNP-
agencies performing police functions, are the agencies NARGRP), National Bureau of Investigation- Narcotics
spearheading the law enforcement in the country. These Unit (NBI- NU) and the Customs Narcotics Interdiction
agencies are generally tasked to prevent the commission Office (CNIO). Personnel of these abolished agencies
of crimes and maintain peace and order in the were to continue performing their tasks on detail service
community. with the PDEA subject to a rigid screeening process.

The PDEA is the agency primarily tasked with the

enforcement of R.A. No. 9165.

A. PHILIPPINE NATIONAL POLICE D. NATIONAL POLICE COMMISSION

Under Republic Act No. 6975, the Philippine National Republic Act No. 6975, as amended, madnates the
Police (PNP) was established, consisting of members of National Police Commission (NAPOLCOM) to exercise
the police forces who were incorporated into the administrative control and operational supervision over
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the PNP. It is an attached agency to the Department of The principal free legal aid office of the Philippine
Interior and Local Government (DILG) for purposes of government is the Public Attorney's Office (PAO).
program and policy coordination. NAPOLCOM is a Republic Act No. 9406 was signed into law and provided
collegial body composed of a chairperson and four for the upgrading of salaries and allowances for public
regular commissioners. The DILG Secretary is the ex attorneys equivalent to their counterpart in the National
officio chairperson of the commission and the PNP Chief Prosecution Service.
is an ex officio member. At present, NAPOLCOM has
seven staff services in its central office and 17 regional
offices nationwide as follows: Planning and Reserach Aside from handling criminal and civil cases, PAO
Services; Inspection, Monitoring and Investigation lawyers are likewise mandated to handle: (1) preliminary
Service; Crime Prevention and Coordination Service; investigation cases before the Office of the Public
Installations and Logistics Service; Legal Affairs Service; Prosecutor; (2) labor cases before the National Labor
Personnel and Administrative Service; and Financial Relations Commission; (3) administrative cases before
Service. The Commision also has a formal administrative the administrative bodies like DARAB, PRC, COMELEC,
disciplinary appellate machinery consisting of the Bureau of Customs, DepEd, PLEB and Insurance
National Appellate Board and the Regional Appellate Commission.
Boards.

C. OFFICE OF THE OMBUDSMAN

The Office of the Ombudsman is vested with the power

to investigate complaints against a public officer or
officer on its own initiative, even without a formal
complaint lidged before it. It can inquire into acts of
government agencies and public servants based on
reports in the media and those which come to the
Ombudsman's attention thorugh sources other than
PROSECUTION PILLAR complaints.

The prosecution pillar os tasked with the burden of COURTS PILLAR

prosecuting offenses. It is composed of the National
Prosecution Service of the Department of Justice, the
Public Attorney's Office and the Office of the The courts pillar is the entity to whihc adminstrstion of
Ombudsman. justice is lodged. it is where judicial power is vested.
Judicial power shall be vested not only is the Supreme
COurt but in such lower courts as may be established by
A. THE NATIONAL PROSECUTION SERVICE- law. The Supreme Court is the only constitutional court
DEPARTMENT OF JUSTICE or the court established by virtue of the 1987
Constitution. All lower courts are created via statutes.

The National Prosecution Service (NPS) is mandated to

assist the Secretary of Justice in the performance of Under Sec.1, Art, VIII of the 1987 Constitution, the courts
powers and functions of the Department reltive to its role pillar is mandated to settle actual controversies involving
as the prosecution arm of the government, particularly rights, whihc are legally demandable and enforceable.
the investigation and prosecution of criminal offenses.
the said mandate and present NPS organization are
contained in Presidential Decree No. 1275, as amended The Philippine Judiciary consists of four levels;
and Executive Order No. 292, Administrative Code of
1987.
The Supreme Court (SC);

B. THE PUBLIC ATTORNEY'S OFFICE The Intermediate courts consisting of the Court of
Appeals (CA), Sandiganbayan (SB), Court of Tax
Appeals (CTA), and the Shari'a Appellate Courts;
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The second-level courts composed of regional trial coirts The BuCor is the primary institution on the corrections
(RTCS) and Shari'a District Courts; and pillar that provides full custody and rehabilitation
programs for the transformation of insular prisoners,
The first- level courts composed of the metropolitan trial those sentenced to more than three years to capital
courts (MeTCs), municipal trial courts in cities (MTCCs), punishment. The mandate of the BuCor is to rehabilitate
municipal trial courts (MTCs), municipal circuit trial national prisoners.
courts (MCTCs) and Shari'a circuit courts.
Courts Pillar and Human Rights
B. BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The pillar of the courts are the ones who execute the
laws in the form of giving justice to the victims and the The Bureau of Jail Management and Penology was
accused. The victims are being protected by the court created in 1991 to address the growing concern of jail
through thorough investigations of the crime committed management and penology problem. Primarily, its clients
of the accused. On the other hand, the court provides are detainees accused before a court who are
the accused a chance to prove his or her innocence temporarily confined in such jails while undergoing
thorugh judicial heairngs, and he or she is treated as investigation, awaiting final judgment and serving
innocent until proven guilty. People are being detained sentence promulgated by the court of imprisonment for
against their will, and spend their life behind bars, thus, three years and below.
compromising their human rights to liberty and dignity. It
has always been a problem that the country faces with
major crimes that include big names. The issue in this Under Republic Act No. 6975, the BJMP is mandated to
pillar is that due to corruption, the innocents are proven take operational and administrative control over city,
guilty and the guilty become innocent. district and municipal jails.

CORRECTIONS PILLAR

The correction pillar is composed of two major and C. PAROLE AND PROBATION ADMINISTRATION
equally significant components: the institution- based
and the community- based corrections.

The Parole and Probation Administration, previously

called the Probation Administration, was created by
The institution- based corrections comprise of prisons virtue of Presidential Decree No. 968 to administer the
and jails that are concerned with prisoners serving term probation system.
of imprisonment, those under detention status, and those
for safekeeping in selected cases. The jails and prisons
are administered by the Bureau of Corrections of the
DOJ, the Bureau of Jail Management and Penology of Under Executive Order No. 292, the PPA was given the
the DILG, and the local government units with regard to additional function of supervising prisoners who, after
provincial and sub- provincial jails. serving a part of their sentence, are released on parole
or are granted pardon with parole conditions.

Community- based corrections pertains to probation and

parole. These are being managed by the Parole and D. BOARDS OF PARDON AND PAROLE
Probation Administration (PPA) of the DOJ. PPA
conducts a post- sentence investigation for those
referreed by the Borad of Pardons and Parole to Originally called the Board of Intermediate Sentence, the
determine the suitability of the offender to be Board of Pardons and Parole (BPP) was created under
reintegrated in the community instead of serving their Act 4103, as amended, on December 5, 1933 to
sentence inside an institution or prison. implement sentence and parole for all persons convicted
by the courts of certain crimes.

A. BUREAU OF CORRECTIONS
The BPP is specifically mandated to grant parole to
qualified prisoners; recommend to the president of the
Philippines the grant of commutation of sentence,
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conditional pardon, and absolute pardon to ex- convicts; B. DEPARTMENT OF INTERIOR AND LOCAL
and assist in the rehabilitation of parolees and GOVERNMENT
pardonees

The DILG is mandated under the law to promote peace

COMMUNITY PILLAR and order, ensure public safety, and further strengthen
local government capability aimed toward the effective
delivery of basic services to the citizenry.
The community pillar is considered the most important
pillar of the PCJS. It is the central institution of crime
prevention, the stage in which all other pillars of criminal The DILG- Local Government Sector (DILG- LGS), as
justice system perform. The participation of the part of the community pillar, play an important part in the
community, as one of the five pillars of the PCJS is development of the criminal justice system. One of its
crucial. goals is to improve the performance of loical
governments in governance, administration and social
and economic development which contributes to
The community pillar collectively imposes limitations on providing access to jsutice by the poor, especially
individual behavior of citiens that deter criminality and women and children.
criminal behavior for the common good of civilized and
democratic society. Institutions such as the barangays,
government agencies, legislative bodies, the academe C. COMMISSION ON HUMAN RIGHTS
and religious and civic organizations, among others, are
involved in this pilllar.
Under Section 18, Article XIII of the Constitution, the
Commission on Human Rights (CHR) is mandated to
The institutional agencies under the community pillar have the following powers and functions, among others;
include the Department of Social Welfare and
Development, the Department of Interior and Local
Government, the Commission on Human Rights and the Investigate, on its own or on complaint by any party, all
National Commission on Indigenous Peoples. forms of human rights violations involving civil and
political rights;

A. DEPARTMENT OF SOCIAL WELFARE AND Adopt its operational guidelines and rules of procedure,
DEVELOPMENT and cite for contempt for violations thereof in accordance
with the Rules of Court;
Provide appropriate legal measures for the protection of
The DSWD aims to provide social protection and the human rights of all persons within the Philippines, as well
promotion of the rights and welfare of the poor, as Filipinos residing abroad, and provide for preventive
vulnerable, and the disadvantaged individuals, families measures and legal aid services to the under-privileged
and communities, which will contribute to poverty whose human rights have been violated or need
alleviation and empowerment thorugh social welfare and protection;
development policies, programs, projects and services
implemented with or through local governments units, Exercise visitorial powers over jails, prisons, or detention
nongovernmental organizations, people's organizations, facilities;
governmenrt organizations, and other members of civil Establish a continuing program of research, education,
society. and information to enhance respect for the primacy of
human rights;

One of the goals of the DSWD is to provide preventive, Recommend to Congress effective measures to promote
protective and rehabilitative and developmental human rights and to provide for compensation to victims
programs and services. The services rendered by the of violations of human rights, or their families;
DSWD may be grouped into four; center- based Monitor the Philippine Government's compliance with
services; community- based services; residential care international treaty obligations on human rights;
services and social welfare and developmental
technologies. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the
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truth in any investigation conducted by it or under its
authority;
Community is the most important pillar in the Philippine
Request the assistance of any department, bureau, criminal justice system. It consists of the groups that are
office, or agency in the performance of its functions; essential in implementing rulesand laws of the
government and in protecting the human rights of every
Appoint its officers and employees in accordance with individual. But because of the corruption that is
law; and widespread in the country not only in government system
Perform such other duties and functions as may be but also in the religious and private organizations, the
provided by law. process of achieving equal human rights to all individual
is not really clear. Budget are being cut, the minds of the
To achieve its mandate, the CHR has programs: (1) people are being manipulated, and the servies that the
human rights protection program; (2) human rights community really needs are being held by the corrupt.
promotion program; (3) human rights linkages With this, the right of individuals to have access to their
development and strategic planning; and (4) special basic needs as part of them being humans and having
projects on human rights. On human rights protection, human rights are being compromised.
the CHR renders investigation and forensic services;
legal services, which include legal aid and counseling, There is a saying: “Justice delayed is justice denied.”
conciliation and mediation; human rights assistance; and The perception of a continuing failure of the Philippine
visitorial services. criminal justice system to deliver fast and efficient justice
has inevitably led to the erosion of public trust in the
government. As a consequence, citizens are laden with
anxiety because of unabated criminality and violence in
their communities. The type of justice that leads to peace
and prosperity continues to be elusive in the Philippines
as the worsening scenario of jail congestion continues to
D. NATIONAL COMMISSION ON INDIGENOUS
manifest its malevolent implications for the human rights
PEOPLES
of prisoners. It appears that the culprit is an
overwhelmed machinery of criminal justice that has not
been able to keep pace with growing rates of population,
NCIP is the primary government agency that formulates
urbanization and criminality. There is also an apparent
and implements policies, plans and prgrams for the
imbalance in the justice structure where there are too
recognition, promotion, and protection of the rights and
well- being of Indigenous Peoples (IPs)) and the few judges, prosecutors and public defence attorneys to
recognition of their ancestral domains and their rights to process the cases filed by the numerous law enforcers
those domains. who file criminal cases. This leads to bottlenecks in
criminal justice procedures and has resulted, in not a few
instances, in human rights crises in jails. However,
The mandate of the organization is to protect and emerging developments give some hope to Filipinos.
promote the interest and well- being of the Indigenous Section 12, Article III of the 1987 Constitution
Cultural Communities/ Inidigenous Peoples (ICCs/ IPs)
with due regard to their beliefs, customs, traditions and 1. What is Section 12 of the Bill of Rights?
institutions.
 Otherwise known as the “Miranda Doctrine” from the
American case Miranda vs.
The NCIP was created in 1997 under Republic Act No. Arizona, 384 U.S. 436.
8371. It works to achieve technically sound and
authentic titles, sustainable anc culture- sensitive plans,  It states that;
responsive and culture- sensitive programs and projects,
“Any person under investigation for the commission of an
feasible and mission- driven regulationsand expeditious
and fair legal services. Whenever possible, it promotes offense shall have the right to be informed of his right to
IP consultative mechanisms and bodies at the provincial, remain
regional and national levels.
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
Community Pillar and Human Rights
waived
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except in writing and in the presence of counsel. When “Juan” is invited to the precinct by the policemen
regarding the murder of
No torture, force, violence, threat, intimidation or
detention “Pedro”, it is already a part of custodial investigation.
Much more if the
places, solitary, incommunicado, or other similar forms of
detention questioning is being done inside the police precinct.
are prohibited. 3. What rights are available?
Any confession or admission obtained in violation of this  To remain silent.
or
o It means that the refusal of the suspect to give any
Section 171 statement cannot be used
hereof shall be inadmissible in evidence against him. against him.
The law shall provide for penal and civil sanctions for EXPLANATION
violations of this section, as well as compensation to and In the case above, the silence of “Juan” during the
questioning of the policemen
rehabilitation of victims of torture or similar practices and
their inside the police station is his basic right. His silence
cannot be taken as an admission
families.”
on his part.
2. When is this right available?
 To have competent and independent counsel
 The “Miranda Rights” are available only during (preferably of his own choice) at all stages
custodial investigation.
of the investigation.
 “Custodial Investigation” is defined as any questioning
initiated by law enforcement o It means that the person under investigation will
always have a right to a lawyer
officers after a person has been taken into custody or
otherwise deprived of his freedom at all times.
of action in any significant way. It shall include the o Any statement taken, be it a confession or admission,
practice of issuing “invitation” to a cannot be used against the
person who is investigated in connection with an offense suspect in the absence of a competent and independent
he is suspected to have counsel in his favour.
committed, without prejudice to the liability if the “inviting” EXPLANATION
officer for any violation of law.
In the case above, aside from remaining silent during the
 EXPLANATION investigation, “Juan”
A custodial investigation begins when a person has the right to have his personal lawyer by his side at
suspected of a crime is all stages of the investigation.
questioned by law enforcement officers regarding his The word “personal” here means that the lawyer was
alleged participation specifically chosen by “Juan”
thereof. It includes any “invitation” by policemen himself.
regarding an offense that a
Let us say “Juan” does not have a lawyer of his own
person may have possible knowledge thereof. choice or that he cannot
afford one, he will be given a lawyer of his own, usually
from the Public Attorney’s Office.
1
The said lawyer is not someone chosen by the police
Section 17 of Article III provides, “No person shall be officers for him.
compelled to be a witness against himself.” It is
otherwise  To be informed of such rights
known as the Right against Self- Incrimination. o It means that the Miranda Rights of a person under
investigation must be
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expressly made known to him in a language that he  The right to remain silent and the right to counsel can
understands. be waived, but not the right to be
o Failure on the part of the investigating officer to inform informed of these rights.
him of such right is a
violation of this section.
ARTICLE III – BILL OF RIGHTS
EXPLANATION
Section 1. No person shall be deprived of life, liberty or
“Juan” must be informed of his rights under Section 12 of property without due process of
Article III before any
law, nor shall any person be denied the equal protection
questioning can be done against him. Such information of the laws.
must always be in a language
Definition of “Police Power”:
that he fully understands and can comprehend.
1) Power vested in the legislature
 Rights cannot be waived except in writing and signed
by the person in the presence of 2) By the Constitution

his counsel. 3) To make, ordain, and establish

o Any extra- judicial confession (out of court confession) 4) All manner of wholesome and reasonable laws,
shall be inadmissible as statutes, and ordinances

evidence if there is a violation of this right. 5) Either with penalties or without

EXPLANATION 6) Not repugnant to the constitution

Please see discussion on Question no. 4. 7) As they shall judge to be for the good and welfare of
the commonwealth and of the
 No torture, force, etc. which vitiates the free will shall
be used. subjects of the same.

 Secret detention places, etc. are prohibited. Aspects of “Due Process”:

 Confessions/ admissions obtained in violation of rights 1. Procedural due process – refers to the mode of
are inadmissible in evidence. procedure which government agencies

o Take note of the “Fruit of a poisonous tree” doctrine. must follow in the enforcement and application of laws.

EXPLANATION 2. Substantive due process – prohibition against arbitrary

laws.
Any evidence obtained in violation of Section 12 of
Article III cannot be used Note: PROCEDURAL DUE PROCESS:

against the person under investigation as it was taken in 1. A law which hears before it condemns.
violation of his Miranda Rights. 2. Due process of law contemplates notice and
4. What are the conditions that must be satisfied to have opportunity to be heard before judgment is
a valid waiver of rights under rendered affecting one’s person or property (Lopez v. Dir.
Section 12? of Lands)

 The waiver must be in writing and made in the 3. Due process depends on circumstances; it varies with
presence of counsel. the subject matter and the

 The waiver must have no retroactive effect. necessities of the situation.

 The burden of proof of an executed waiver must be Requisites of PROCEDURAL due process:
always be upon the prosecution and For JUDICIAL proceedings: CODE: C J N O H
not on the defendant. 1. A court or tribunal clothed with judicial power to hear
5. What rights may be waived? What are those that and determine the matter before it.
cannot be waived? 2. Jurisdiction must be lawfully acquired over the person
of the defendant or over the
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property which is the subject of the proceedings. 2. The student shall have the right to answer the charges
against him, with the assistance of
3. The defendant must be given notice and an
opportunity to be heard. counsel if desired.
4. Judgment must be rendered upon a lawful hearing. 3. The student has the right to be informed of the
evidence against him.
For ADMINISTRATIVE proceedings: CODE: H E D S H I
P 4. The student has the right to adduce evidence in his
own behalf.
1. The right to a hearing, which includes the right to
present one’s case and submit evidence 5. The evidence must be duly considered by the
investigating committee or official
in support thereof.
designated by the school authorities to hear and decide
2. The tribunal must consider the evidence presented. the case.
3. The decision must have something to support itself. 6. The penalty imposed must be proportionate to the
4. Evidence supporting the conclusion must be offense.
substantial. Note:
5. The decision must be based on the evidence 1. The school has a contractual obligation to afford its
presented at the hearing or at least students a fair opportunity to complete
contained in the record and disclosed to the parties the course a student has enrolled for.
affected.
2. Exceptions:
6. The tribunal or body or any of its judges must act on
its or his own independent 3. Serious breach of discipline; or
consideration of the law and facts of the controversy, and 4. Failure to maintain the required academic standard.
not simply accept the views of a
5. Proceedings in student disciplinary cases may be
subordinate in arriving at a decision. summary; cross-examination is not
7. The board or body should, in all controversial essential
questions, render its decision in such a
Instances when hearings are NOT necessary:
manner that the parties to the proceeding can know the
various issues involved and the 1. When administrative agencies are exercising their
quasi-legislative functions.
reasons for the decision rendered.
2. Abatement of nuisance per se.
Note:
3. Granting by courts of provisional remedies.
1. What is required is not actual hearing, but a real
opportunity to be heard. 4. Cases of preventive suspension.

2. The requirement of due process can be satisfied by 5. Removal of temporary employees in the government
subsequent due hearing. service.

3. Violation of due process: when same person reviews 6. Issuance of warrants of distraint and/or levy by the
his own decision on appeal. BIR Commissioner.

4. Notice and hearing are required in judicial and quasi- 7. Cancellation of the passport of a person charged with
judicial proceedings, but not in the a crime.

promulgation of general rule. 8. Issuance of sequestration orders (considered a

provisional remedy).
For SCHOOL DISCIPLINARY proceedings: CODE: W A
In A D P 9. Judicial order which prevents an accused from
travelling abroad in order to maintain the
1. The student must be informed in writing of the nature
and cause of any accusation effectivity of the court’s jurisdiction.

against them. 10. Suspension of a bank’s operations by the Monetary

Board upon a prima facie finding of
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liquidity problems in such bank. 3. Not limited to existing conditions only
Note: 4. APPLY EQUALLY to all members of the SAME
CLASS.
1. The right to counsel is a very basic requirement of
substantive due process and has to be Section 2. The right of the people to be secure in their
persons, houses, papers, and
observed even in administrative and quasi-judicial
bodies. effects against unreasonable searches and seizures of
whatever nature and for any
2. The right to appeal is a statutory privilege that may be
exercised only in the manner in purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except
accordance with law.
upon probable cause to be determined personally by the
Requisites of SUBSTANTIVE due process: CODE: I M judge after examination under
1. The INTERESTS of the public generally, as oath or affirmation of the complainant and the witnesses
distinguished from those of a particular class, he may produce, and
requires the interference by the government and particularly describing the place to be searched and the
2. The MEANS employed are necessary for the person or things to be seized.
accomplishment of the purpose and not General Rule: Search and seizures are unreasonable
unduly oppressive upon individuals. unless authorized by a validly issued

Requirements of a valid ordinance: search warrant or warrant of arrest

1. Must not contravene the Constitution or any statute Requisites for a valid warrant: CODE: P J E D

2. Must not be unfair or oppressive 1. It must be issued upon PROBABLE CAUSE.

3. Must not be partial or discriminatory 2. The existence of probable cause is determined

personally by the JUDGE.
4. Must not prohibit, but may regulate trade
3. The judge must EXAMINE UNDER OATH the
5. Must be general and consistent with public policy complainant and the witnesses he may

6. Must not be unreasonable produce.

When is a law VAGUE? 4. The warrant must PARTICULARLY DESCRIBE the

place to be searched and person or
1. When it lacks COMPREHENSIBLE STANDARDS
things to be seized.
2. That men of ordinary intelligence must necessarily
GUESS as to its meaning Definition of “PROBABLE CAUSE”

3. And differ as to its application For the issuance of a warrant of arrest:

Equal Protection of the law Probable cause refers to such facts and circumstances
which would lead a reasonably discreet
The equality that it guarantees is legal equality or the
equality of all persons before the law. It and prudent man to believe that an offense has been
committed by the person sought to be
does not demand absolute equality. It merely requires
that all persons shall be treated alike, arrested.

under like circumstances and conditions both as to For the issuance of a search warrant:
privileges conferred and liabilities enforced.
Probable cause would mean such facts and
Requisites for valid classification for purposes of the circumstances which would lead a reasonably
equal protection clause
discreet and prudent man to believe that an offense has
The classification must: CODE: SGEE been committed and that the objects

1. Rest on SUBSTANTIAL DISTINCTIONS sought in connection with the offense are in the place to
be searched.
2. Be GERMANE to the purposes of the law
SJCF
Note: Probable cause for the issuance of a search 1. A search warrant may be said to particularly describe
warrant does NOT require that the probable the things to be seized when the
guilt of a specific offender be established, unlike in the description therein is as specific as the circumstances
case of a warrant of arrest. will ordinarily allow or
Existence of probable cause “DETERMINED 2. When the description expresses a conclusion of fact –
PERSONALLY BY THE JUDGE” not of law – by which the
The judge is NOT required to personally examine the warrant officer may be guided in making the search and
complainant and his witnesses. What the seizure or
Constitution underscores is the exclusive and personal 3. When the things described are limited to those which
responsibility of the issuing judge to bear a direct relation to the
satisfy himself of the existence of probable cause offense for which the warrant is being issued (Bache and
(Soliven v. Makasiar, 167 SCRA 394). Co. v. Ruiz, 37 SCRA 823).
To be sure, the Judge must go beyond the prosecutor’s JOHN DOE WARRANT
certification and investigation report
A “John Doe” warrant can satisfy the requirement of
whenever necessary (Lim v. Felix). particularity of description if it contains
Procedure: a descriptio personae such as will enable the officer to
identify the accused (People v. Veloso,
1. The judge personally evaluates the report and
supporting documents submitted by the 48 Phil. 159)
fiscal regarding the existence of probable cause and, on GENERAL WARRANT
the basis thereof, issue a warrant
A general warrant is one that does not allege any
of arrest or specific acts or omissions constituting the
2. If on the basis thereof, the judge finds no probable offense charged in the application for the issuance of the
cause, he may disregard the fiscal’s warrant. It contravenes the explicit
report and require the submission of supporting affidavits demand of the Bill of Rights that the things to be seized
of witnesses to aid him in be particularly described.
arriving at the conclusion as to the existence of probable VALID WARRANTLESS SEARCH
cause.
Search made as an incident to lawful arrest
Examination “UNDER OATH OR AFFIRMATION OF
THE COMPLAINANT AND 1. An officer making an arrest may take from the person
arrested:
WITNESSES”
a) Any money or property found upon his person which
1. The oath required must refer to the truth of the facts was used in the commission
within the personal knowledge of the
of the offense or
complainant or his witnesses because the purpose is to
convince the judge of the b) Was the fruit thereof or

existence of probable cause (Alvarez v. CFI, 64 Phil. 33). c) Which might furnish the prisoner with the means of
committing violence or
2. The true test of sufficiency of an affidavit to warrant
the issuance of a search warrant is escaping or

whether it has been drawn in such a manner that perjury d) Which may be used in evidence in the trial of the case
could be charged thereon and 2. The search must be made simultaneously with the
affiant be held liable for the damages caused (Alvarez v. arrest and it may only be made in the
CFI). area within the reach of the person arrested
PARTICULARITY OF DESCRIPTION (SEARCH Search of moving vehicles
WARRANT)
1. This exception is based on exigency. Thus, if there is
time to obtain a warrant in order to
SJCF
search the vehicle, a warrant must first be obtained. 2. When an offense has in fact just been committed and
the arresting officer has personal
2. The search of a moving vehicle must be based on
probable cause. knowledge of facts indicating that the person to be
arrested has committed it.
Seizure of goods concealed to avoid customs
duties/authorized under the Tariffs 3. When the person to be arrested is a prisoner who has
escaped from a penal
and Customs Code
establishment or place where he is serving final
1. The Tariffs and Customs Code authorizes persons judgment or temporarily confined while
having police authority under the Code
his case is pending, or has escaped while being
to effect search and seizures without a search warrant to transferred from one confinement to
enforce customs laws.
another.
2. Exception: A search warrant is required for the search
of a dwelling house. Waiver of an invalid arrest:
3. Searches under this exception include searches at When a person who is detained applies for bail, he is
borders and ports of entry. Searches deemed to have waived any irregularity
in these areas do not require the existence of probable which may have occurred in relation to his arrest.
cause.
Hot pursuit
Seizure of evidence in plain view
A. The pursuit of the offender by the arresting officer
1. To be a valid warrantless search, the articles must be must be continuous from the time of the
open to the eye and hand.
commission of the offense to the time of the arrest.
2. The peace officer comes upon them inadvertently.
B. There must be no supervening event which breaks
Waiver of right the continuity of the chase.
General Rule: Rights cannot be waived. Stop and frisk
Requisites of a valid waiver: When a policeman observes suspicious activity which
leads him to believe that a crime is about
1. The right exists.
to be committed, he can investigate the suspicious
2. The person had actual or constructive knowledge of looking person and may frisk him for
the existence of such right.
weapons as a measure of self-protection. Should he find,
3. There is an actual intention to relinquish such right. however, a weapon on the suspect
Note: which is unlicensed, he can arrest such person then and
1. The right against unreasonable searches and seizures there for having committed an offense
is a personal right. Thus, only the in the officer’s presence.
person being searched can waive the same. Section 3. (1) The privacy of communication and
2. Waiver requires a positive act from the person. Mere correspondence shall be inviolable
absence of opposition is not a except upon lawful order of the court, or when public
waiver. safety or order requires otherwise

3. The search made pursuant to the waiver must be as prescribed by law.

made within the scope of the waiver. (2) Any evidence obtained in violation of this or the
VALID WARRANTLESS ARRESTS preceding section shall be

1. When the person to be arrested has committed, is inadmissible for any purpose in any proceedings.
actually committing, or is about to R.A. 4200 (Anti-Wiretapping Act)
commit an offense in the presence of the arresting 1. The law does not distinguish between a party to the
officer. private communication or a third
SJCF
person. Hence, both a party and a third person could be 2. Examples/forms of prior restraint
held liable under R.A. 4200 if
1. movie censorship
they commit any of the prohibited acts under R.A. 4200
(Ramirez v. Ca) 2. judicial prior restraint = injunction against publication

1. The use of a telephone extension to overhear a 3. license taxes based on gross receipts for the privilege
private conversation is not a violation of of engaging in the business

R.A. 4200 because it is not similar to any of the of advertising in any newspaper
prohibited devices under the law. Also, a 4. flat license fees for the privilege of selling religious
telephone extension is not purposely installed for the books
purpose of secretly intercepting or When prohibition does not apply
recording private communication. (Gaanan v. IAC, 145 1. During a war. Ex. Government can prevent publication
SCRA 112) about the number/locations of its
Types of communication protected: troops (Near v. Minnesota, 238 US 697)
Letters, messages, telephone calls, telegrams and the 2. Obscene publications.
like.
Standards for allowable subsequent punishment
Exclusionary rule:
Tests And Criterion on Freedom of Speech and
Any evidence obtained shall be inadmissible for any Expression
purpose in any proceeding. However, in
TEST CRITERION
the absence of governmental interference, the protection
against unreasonable search and 1. Dangerous Tendency Test There should be a
RATIONAL CONNECTION between
seizure cannot be extended to acts committed by private
individuals. (People v. Martin) the speech and the evil apprehended.
Section 4. No law shall be passed abridging the freedom 2. Clear and Present Danger Test There should be a
of speech, of expression, or of clear and present danger that the
the press, or of the right of the people peaceably to words when used under such circumstances are of such
assemble and petition the a nature as to create a CLEAR AND
government for redress of grievances. PRESENT DANGER that they will bring about the
substantive evils that the State has a right to
What are considered protected speech:
prevent.
Protected speech includes every form of expression,
whether oral, written, tape or disc 3. Balancing of Interests Test The courts should
BALANCE the PUBLIC INTEREST
recorded. It includes motion pictures as well as what is
known as symbolic speech such as the served by legislation on one hand and the FREEDOM
OF SPEECH (or any other constitutional
wearing of an armband as a symbol of protest. Peaceful
picketing has also been included right) on the other. The courts will then decide where the
greater weight should be placed.
within the meaning of speech.
Freedom of Speech
Prohibitions under Section 4
The doctrine on freedom of speech was formulated
1. Prohibition against PRIOR RESTRAINT primarily for the protection of “core”
2. Prohibition against SUBSEQUENT PUNISHMENT speech, i.e. speech which communicates political, social
Prohibition against prior restraint or religious ideas. These enjoy

1. Prior restraint means official governmental restrictions the same degree of protection. Commercial speech,
on the press or other forms of however, does not.

expression in advance of actual publication or Commercial Speech

dissemination.
SJCF
A communication which no more than proposes a value.
commercial transaction.
Procedure for seizure of allegedly obscene publications
1. To enjoy protection:
1. Authorities must apply for issuance of search warrant.
1. It must not be false or misleading; and
2. Court must be convinced that the materials are
2. It should not propose an illegal transaction. obscene. Apply clear and present danger
2. Even truthful and lawful commercial speech may be test.
regulated if:
3. Judge will determine whether they are in fact
1. Government has a substantial interest to protect; “obscene”.
2. The regulation directly advances that interest; and 4. Judge will issue a search warrant.
3. It is not more extensive than is necessary to protect 5. Proper action should be filed under Art. 201 of the
that interest. (Central Hudson RPC.
Gas and Electric Corp. v. Public Service Commission of 6. Conviction is subject to appeal.
NY, 447 US 557)
Right of Assembly and Petition
Unprotected Speech
The standards for allowable impairment of speech and
1. LIBEL press also apply to the right of
FAIR COMMENT (U.S. Rule). These are statements of assembly and petition.
OPINION, not of fact,
Rules on assembly in public places:
and are not considered actionable, even if the words
used are neither mild nor 1. Applicant should inform the licensing authority of the
date, the public place where and
temperate. What is important is that the opinion is the
true and honest opinion of the time when the assembly will take place.

the person. The statements are not used to attack 2. The application should be filed ahead of time to
personalities but to give one’s enable the public official concerned to

opinion on decisions and actions. appraise whether there are valid objections to the grant
of the permit or to its grant, but
OPINIONS. With respect to public personalities
(politicians, actors, anyone with in another public place. The grant or refusal should be
based on the application of the
a connection to a newsworthy event), opinions can be
aired regarding their public Clear and Present Danger Test.

actuations. Comment on their private lives, if not 3. If the public authority is of the view that there is an
germane to their public imminent and grave danger of a

personae, are not protected. substantive evil, the applicants must be heard on the
matter.
2. OBSCENITY
4. The decision of the public authority, whether favorable
Test for obscenity (Miller v. California) or adverse, must be transmitted
1. Whether the average person, applying contemporary to the applicants at the earliest opportunity so that they
community standards would find may, if they so desire, have
that the work, taken as a whole, appeals to the prurient recourse to the proper judicial authority.
interest.
Rules on assembly in private properties:
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct, Only the consent of the owner of the property or person
entitled to possession thereof is
specifically defined by law.
required.
3. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific Section 5. No law shall be made respecting an
establishment of religion, or prohibiting
SJCF
the free exercise thereof. The free exercise and
enjoyment of religious profession and
Bill of Rights
worship, without discrimination or preference, shall
forever be allowed. No religious test Article III of the 1987 Constitution

shall be required for the exercise of civil or political a continuation…

rights. The Right to Bail
Clauses under Section 5 What is Section 13 of Article III of the 1987 Constitution?
1. Non-establishment clause Section 13 is the Right to Bail. As propounded by the
2. Free exercise of Religion Constitution, Section 13 states

Distinction between the clauses (School District v. that;

Schempp, 374 US 203) All persons, except those charged with offenses
1. The non-establishment clause does not depend upon punishable by
any showing of direct reclusion perpetua when the evidence of guilt is strong,
governmental compulsion. It is violated by the enactment shall, before
of laws which establish an conviction, be bailable by sufficient sureties, or be
official religion whether those laws operate directly to released on
coerce non-observing individuals recognizance as may be provided by law. The right to
or not. The test of compliance with the non- bail shall not be
establishment clause can be stated as impaired even when the privilege of habeas corpus is
follows: What are the purposes and primary effect of the suspended.
enactment? If either is the Excessive bail shall not be required.
advancement or inhibition of religion, the law violates the What is Bail?
non-establishment
Bail is a security required by a court and given for the
clause. Thus, in order for a law to comply with the non- provisional or
establishment clause, two
temporary release of a person who is in the custody of
requisites must be met. First, it has a secular legislative law conditioned upon his
purpose. Second, its primary
appearance before any court as required under the
effect neither advances nor inhibits religion. conditions specified.
2. The free exercise of religion clause withdraws from What is the purpose of bail?
legislative power the exertion of
The purpose of requiring a bail is to relieve an accused
any restraint on the free exercise of religion. In order to from imprisonment
show a violation of this clause,
until his conviction and yet to secure his appearance at
the person affected must show the coercive effect of the the trial.
legislation as it operates
What is the rationale for a person to be released on bail?
against him in the practice of his religion. While the
freedom to believe (nonestablishment) is absolute, the The right to bail is granted because in all criminal
moment such belief flows over into action, it becomes prosecutions, the accused
subject to government regulation. is presumed innocent.
Requisites for government aid to be allowable: What are the forms of bail?
1. It must have a secular legislative purpose; Bail can be in the form of (1) cash, (2) deposit, (3)
property bond, (4) bond
2. It must have a primary effect that neither advances
nor inhibits religion; secured from a surety company, or (5) recongnizance.
3. It must not require excessive entanglement with Who may invoke the right to bail?
recipient institutions.
SJCF
The right to bail is available to any person, arrested, accused provided that he has been duly notified and his
detained, or otherwise failure to
deprived of his liberty, whether or not an information appear is unjustifiable.”
(criminal complaint) has been
What are the rights of the accused under Section 14?
filed against him.
The rights of the accused are the following:
Are there exceptions to the right to bail? Who cannot
invoke such a right? 1. Right to presumption of innocence.

Yes. The following are the exceptions: 2. Right to due process which includes the right;

1. When the person invoking the said right is not yet in a. To be tried before a competent court
the b. To be given a fair and impartial trial; and
custody of the law because he went into hiding and is at c. To be allowed to use all legal means and opportunity
large. to
2. When the person invoking such right is charged with defend himself.
an offense
3. Right to be heard by himself and counsel
which is punishable by reclusion perpetua, life
imprisonment 4. Right to be informed of the nature and cause of
accusation against him.
or death, if the evidence of guilt is strong.
5. Right to have a speedy, impartial and public trial.
3. Under the Rules of Court, “no bail shall be allowed
after the 6. Right to confrontation of witnesses
judgment has become final, or after the accused has 7. Right to compulsory production of witnesses and
evidence on his behalf.
commenced to serve sentence.”
Privilege of the Writ of Habeas Corpus
Rights of the Accused
What is Section 15 or the Privilege of the Writ of Habeas
What is provided under Section 14 of the Bill of Rights? Corpus?
Section 14 provides; Under Section 15 of the Bill of Rights, it is provided that:
“No person shall be held to answer for a criminal offense “The privilege of the writ of habeas corpus shall not
without due process of law. be suspended except in cases of invasion or rebellion
In all criminal prosecutions, the accused shall be when
presumed the public safety requires it.”
innocent until the contrary is proved, and shall enjoy the What is a writ of habeas corpus?
right to be
It refers to a written order issued by a court of competent
heard by himself and counsel, to be informed of the jurisdiction, directed to a
nature and
person detaining another, commanding him to produce
cause of the accusation against him, to have a speedy, the body of the prisoner at a designated
impartial
time and place, and to show sufficient cause for holding
and public trial, to meet the witnesses face to face, and in custody the individual so detained.
to have
What is the purpose of the writ?
have compulsory process to secure the attendance of
witnesses Its purpose is to inquire into all the manner of involuntary
restraint or detention as
and the production of evidence in his behalf. However,
after distinguished from voluntary and to relieve a person
therefrom is such restraint is found to be
arraignment, trial may proceed notwithstanding the
absence of the illegal.
SJCF
When can the privilege of the writ of habeas corpus be the trial or hearing of a case.
suspended? Who may suspend
Where can the said right be invoked?
it?
Aside from judicial bodies (Regional Trial Courts,
The President may suspend the privilege of the writ of Municipal Trial Courts), it can also be
habeas corpus only in cases of
raised before quasi- judicial bodies (executive agencies
(1) invasion or (2) rebellion, when public safety requires which perform adjudicatory functions)
it.
like the National Labor Relations Commission, National
For purposes of clarity, invasion involves a penetration or Police Commission.
occupation of a country’s
RIGHT AGAINST SELF- INCRIMINATION
territory by an outside force. Rebellion, on the other
hand, commonly indicates open aremed What is the right against self- incrimination?

resistance to the existing government with the aim to Under Section 17, No person shall be compelled to be a
overthrow it and set up another witness against himself.

government. What is the scope of the said right?

Can the DILG Secretary declare a suspension of the The right is available in all criminal cases as well as in
privilege of the writ of habeas civil, administrative and legislative

corpus during a pandemic, like the spread of the corona proceedings where the fact asked for is a criminal one. It
virus? protects a person whether he is a

The answer is No since it is only the President who has party or a witness.
the authority to suspend the
privilege of the writ of habeas corpus. In addition, the
Constitution has expressly stated that only
in cases of invasion and rebellion, when public safety
requires, shall the privilege be suspended.
A pandemic, like the corona virus, is not among the
situations recognized by the Constitution.
RIGHT TO SPEEDY TRIAL
What is the right to a speedy trial?
Under Section 16, it is stated that;
“All persons shall have the right to a speedy disposition
of their cases
before all judicial, quasi- judicial, or administrative
bodies.”
What is the philosophy of the right to speedy disposition
of cases?
The said right is based on the time- honoured tradition of
speedy justice, “Justice
delayed is justice denied.”
The observance of the right to a speedy disposition of
people’s cases enhances their
respect for the law and faith in the government.
When can the right be invoked?
The right to a speedy disposition of cases can be
invoked only after the termination of