Human Rights Law Reviewer for Finals| Andalecio, John Dom S.
| Arellano Law 2016
I. Third Generation Rights
A. Right to Self- Determination
Article 1, ICCPR
1. All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic co-operation, based
upon the principle of mutual benefit, and international law. In no case may a people be
deprived of its own means of subsistence.
Article 2- 5 UN Declaration on the Rights of Indigenous people
Article 2
Indigenous peoples and individuals are free and equal to all other peoples and individuals and
have the right to be free from any kind of discrimination, in the exercise of their rights, in
particular that based on their indigenous origin or identity.
Article 3
Indigenous peoples have the right to self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development.
Article 4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy
or self-government in matters relating to their internal and local affairs, as well as ways and
means for financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal,
economic, social and cultural institutions, while retaining their right to participate fully, if
they so choose, in the political, economic, social and cultural life of the State.
Rubi vs. Mindoro
Facts: Mangyans were detained for violation of an ordinance prohibiting them from going
outside their settlement
Decision: But does the Constitutional guaranty that 'no person shall be deprived of his
liberty without due process of law' apply to a class of persons who do not have a correct idea
of what liberty is and do not practise liberty in a rightful way?To say that it does will mean to
sanction and defend an erroneous idea of such class of persons as to what liberty is. It will
mean, in the case at bar, that the Government should not adopt any measures looking to the
welfare and advancement of the class of persons in question. It will mean that this people
should be let along in the mountains and in a permanent state of savagery without even the
remotest hope of coming to understand liberty in its true and noble sense.
Further, one cannot hold that the liberty of the citizen is unduly interfered without when the
degree of civilization of the Manguianes is considered. They are restrained for their own good
and the general good of the Philippines. Nor can one say that due process of law has not been
followed. To go back to our definition of due process of law and equal protection of the law,
there exists a law; the law seems to be reasonable; it is enforced according to the regular
methods of procedure prescribed; and it applies alike to all of a class.
RA 8371, Section 2, 3 (h), 7, 16 and 21
Section 2 - The State shall recognize and promote all the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated
within the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of
national unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of customary
laws governing property rights or relations in determining the ownership and extent of
ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and
develop their cultures, traditions and institutions. It shall consider these rights in the
formulation of national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinctions or discriminations;
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect
their rights and guarantee respect for their cultural integrity, and to ensure that members of
the ICCs/IPs benefit on an equal footing from the rights and opportunities which national
laws and regulations grant to other members of the population and f) The State recognizes its
obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by
assuring maximum ICC/IP participation in the direction of education, health, as well as other
services of ICCs/IPs, in order to render such services more responsive to the needs and
desires of these communities.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their customs,
traditions, values, beliefs, their rights to their ancestral domains.
Section 3(h)
h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or
homogenous societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded and defined territory,
and who have, under claims of ownership since time immemorial, occupied, possessed
customs, tradition and other distinctive cultural traits, or who have, through resistance to
political, social and cultural inroads of colonization, non-indigenous religions and culture,
became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, at the time of conquest or colonization, or at the
time of inroads of non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains;
Section 7 - The rights of ownership and possession of ICCs/IPs t their
ancestral domains shall be recognized and protected. Such rights shall
include:
a. Rights of Ownership.- The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing
grounds, and all improvements made by them at any time within the domains;
b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to
develop, control and use lands and territories traditionally occupied, owned, or used; to
manage and conserve natural resources within the territories and uphold the responsibilities
for future generations; to benefit and share the profits from allocation and utilization of the
natural resources found therein; the right to negotiate the terms and conditions for the
exploration of natural resources in the areas for the purpose of ensuring ecological,
environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the
ancestral domains and to receive just and fair compensation for any damages which they
sustain as a result of the project; and the right to effective measures by the government to
prevent any interfere with, alienation and encroachment upon these rights;
c. Right to Stay in the Territories- The right to stay in the territory and not be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where relocation is considered necessary as
an exceptional measure, such relocation shall take place only with the free and prior informed
consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right
to return to their ancestral domains, as soon as the grounds for relocation cease to exist. When
such return is not possible, as determined by agreement or through appropriate procedures,
ICCs/IPs shall be provided in all possible cases with lands of quality and legal status at least
equal to that of the land previously occupied by them, suitable to provide for their present
needs and future development. Persons thus relocated shall likewise be fully compensated for
any resulting loss or injury;
d. Right in Case of Displacement. - In case displacement occurs as a result of natural
catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support system: Provided, That the displaced ICCs/IPs
shall have the right to return to their abandoned lands until such time that the normalcy and
safety of such lands shall be determined: Provided, further, That should their ancestral
domain cease to exist and normalcy and safety of the previous settlements are not possible,
displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall be provided to them
to ensure that their needs are adequately addressed:
e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and
organizations into the domains;
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access to
integrated systems for the management of their inland waters and air space;
g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral domains
which have been reserved for various purposes, except those reserved and intended for
common and public welfare and service; and
h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice whenever necessary.
B. Right to Participate in Public Affairs (necessary to uphold right to
self-determination)
Article 25 ICCPR,
Every citizen shall have the right and the opportunity, without any of the distinctions
mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
representatives; (6) To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
Article 2, ICCPR
1. Each State Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party
to the present Covenant undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present Covenant, to adopt such
legislative or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall
have an effective remedy, notwithstanding that the violation has been committed by persons
acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined
by competent judicial, administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop the possibilities of
judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 21, UDHR
(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives
(2) Everyone has the right to equal access to public service in his country
(3) The will of the people shall be the basis of the authority of government, this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures
Article 5 UN Convention on the Elimination of all forms of Racial
Discrimination
Article 7 UN Convention on the Elimination of all Forms of
Discrimination against Women
States Parties shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and, in particular,
shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof
and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the
public and political life of the country.
1992 UN Declaration on the Rights of Persons Belonging to National or
Ethnic and Linguistic Minorities
Article 1 1. States shall protect the existence and the national or ethnic, cultural, religious and
linguistic identity of minorities within their respective territories and shall encourage
conditions for the promotion of that identity.
2. States shall adopt appropriate legislative and other measures to achieve those ends.
Article 2 1. Persons belonging to national or ethnic, religious and linguistic minorities
(hereinafter referred to as persons belonging to minorities) have the right to enjoy their own
culture, to profess and practise their own religion, and to use their own language, in private
and in public, freely and without interference or any form of discrimination.
2. Persons belonging to minorities have the right to participate effectively in cultural,
religious, social, economic and public life.
3. Persons belonging to minorities have the right to participate effectively in decisions on the
national and, where appropriate, regional level concerning the minority to which they be long
or the regions in which they live, in a manner not incompatible with national legislation.
4. Persons belonging to minorities have the right to establish and maintain their own
associations.
5. Persons belonging to minorities have the right to establish and maintain, without any
discrimination, free and peaceful contacts with other members of their group and with
persons belonging to other minorities, as well as contacts across frontiers with citizens of
other States to whom they are related by national or ethnic, religious or linguistic ties.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
Article 3 1. Persons belonging to minorities may exercise their rights, including those set
forth
in the present Declaration, individually as well as in community with other members of their
group, without any discrimination.
2. No disadvantage shall result for any person belonging to a minority as the consequence of
the exercise or non-exercise of the rights set forth in the present Declaration.
Article 4 1. States shall take measures where required to ensure that persons belonging to
minorities may exercise fully and effectively all their human rights and fundamental freedoms
without any discrimination and in full equality before the law.
2. States shall take measures to create favourable conditions to enable persons belonging to
minorities to express their characteristics and to develop their culture, language, religion, Declaration, within their respective fields of competence.
traditions and customs, except where specific practices are in violation of national law and
contrary to international standards.
3. States should take appropriate measures so that, wherever possible, persons belonging to
minorities may have adequate opportunities to learn their mother tongue or to have instruction
in their mother tongue.
4. States should, where appropriate, take measures in the field of education, in order to
encourage knowledge of the history, traditions, language and culture of the minorities
existing within their territory. Persons belonging to minorities should have adequate
opportunities to gain knowledge of the society as a whole.
5. States should consider appropriate measures so that persons belonging to minorities may
participate fully in the economic progress and development in their country.
Article 5 1. National policies and programmes shall be planned and implemented with due
regard for the legitimate interests of persons belonging to minorities.
2. Programmes of cooperation and assistance among States should be planned and
implemented with due regard for the legitimate interests of persons belonging to minorities.
Article 6 States should cooperate on questions relating to persons belonging to minorities,
inter alia, exchanging information and experiences, in order to promote mutual understanding
and confidence.
Article 7 States should cooperate in order to promote respect for the rights set forth in the
present Declaration.
Article 8 1. Nothing in the present Declaration shall prevent the fulfilment of international
obligations of States in relation to persons belonging to minorities. In particular States shall
fulfil in good faith the obligations and commitments they have assumed under international
treaties and agreements to which they are parties.
2. The exercise of the rights set forth in the present Declaration shall not prejudice the
enjoyment by all persons of universally recognized human rights and fundamental freedoms.
3. Measures taken by States to ensure the effective enjoyment of the rights set forth in the
present Declaration shall not prima facie be considered contrary to the principle of equality
contained in the Universal Declaration of Human Rights.
4. Nothing in the present Declaration may be construed as permitting any activity contrary to
the purposes and principles of the United Nations, including sovereign equality, territorial
integrity and political independence of States.
Article 9 The specialized agencies and other organizations of the United Nations system shall
contribute to the full realization of the rights and principles set forth in the present
C. Right to Environment
Stockholm Declaration, Principle I
Oposa vs. Factoran
Resident Marine Mammals Protected Seascape Tanon Straight, e.g Toothed
Whales Dolphions vs. Secretary Reyes (April 2015)
II. Vulnerable Sectors
A. Women
Article 1- 8 CEDAW
Article 1
For the purposes of the present Convention, the term "discrimination against women" shall
mean any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Article 2
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
States Parties condemn discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination against women
and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national constitutions
or other appropriate legislation if not yet incorporated therein and to ensure, through law and
other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to
ensure through competent national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any
person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
Article 3
States Parties shall take in all fields, in particular in the political, social, economic and
cultural fields, all appropriate measures, including legislation, to en sure the full development
and advancement of women , for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedoms on a basis of equality with men.
Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as a consequence the maintenance of unequal
or separate standards; these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the
present Convention, aimed at protecting maternity shall not be considered discriminatory.
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles
for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the
upbringing and development of their children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms
of traffic in women and exploitation of prostitution of women
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women
in the political and public life of the country and, in particular, shall ensure to women, on
equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof
and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the
public and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with
men and without any discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international organizations.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
Convention on Political Rights of Women (1953)
ARTICLE I Women shall be entitled to vote in all elections on equal terms with men, without
any discrimination.
ARTICLE II Women shall be eligible for election to all publicly elected bodies, established
by national law, on equal terms with men, without any discrimination.
ARTICLE III Women shall be entitled to hold public office and to exercise all public
functions, established by national law, on equal terms with men, without any discrimination.
Article XIII Sec 14, 1987 Constitution
The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the service of the
nation.
Article 135 Labor Code
Discrimination prohibited. It shall be unlawful for any employer to discriminate against
any woman employee with respect to terms and conditions of employment solely on account
of her sex.
The following are acts of discrimination:
Payment of a lesser compensation, including wage, salary or other form of remuneration and
fringe benefits, to a female employees as against a male employee, for work of equal value;
and
Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.
Criminal liability for the willful commission of any unlawful act as provided in this Article or
any violation of the rules and regulations issued pursuant to Section 2 hereof shall be
penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of
any criminal action under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include claims for damages
and other affirmative reliefs. The actions hereby authorized shall proceed independently of
each other. (As amended by Republic Act No. 6725, May 12, 1989)
Article 69, 96, 124 Family Code
Special Laws
RA 7877 Anti Sexual harassment Act of 1995
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work,
education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive ordiminish employment opportunities or otherwise adversely
affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor laws;
or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting
of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.
Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. -
The employer or head of office, educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed in the employment, education
or training environment if the employer or head of office, educational or training institution is
informed of such acts by the offended party and no immediate action is taken.
Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3)
years.
RA 9208 Anti Trafficking in Persons Act
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any
of the means set forth in the preceding paragraph.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs
of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which issues these
certificates and stickers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda material
that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents
or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person and the accused. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a fair
and impartial proceeding, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be disclosed to the
public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons..
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (f) Educational assistance to a trafficked child.
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00); Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows: Section 24. Other Services for Trafficked Persons. -

(a) First offense - six (6) months of community service as may be determined by the court and (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas
a fine of Fifty thousand pesos (P50,000.00); and Filipino in Distress" and may avail of the legal assistance created by Republic Act No. 8042,
subject to the guidelines as provided by law.
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred
thousand pesos (P100,000.00). (b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall also be extended to trafficked persons regardless
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) of their immigration status in the host country.
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6 shall prescribe in twenty (20) years. (c) The Country Team Approach. - The country team approach under Executive Order No. 74
of 1993, shall be the operational scheme under which Philippine embassies abroad shall
The prescriptive period shall commence to run from the day on which the trafficked person is provide protection to trafficked persons insofar as the promotion of their welfare, dignity and
delivered or released from the conditions of bondage and shall be interrupted by the filing of fundamental rights are concerned.
the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and
any reason not imputable to the accused. other appropriate agencies, shall have the primary responsibility for the repatriation of
trafficked persons, regardless of whether they are documented or undocumented.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate
civil action for the recovery of civil damages, he/she shall be exempt from the payment of If, however, the repatriation of the trafficked persons shall expose the victims to greater risks,
filing fees. the DFA shall make representation with the host government for the extension of appropriate
residency permits and protection, as may be legally permissible in the host country.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation
and reintegration into the mainstream of society, concerned government agencies shall make RA 9262 Anti-Violence Against Women and their Children Act
available the following services to trafficked persons:
SECTION 3. Definition of Terms.- As used in this Act,
(a) Emergency shelter or appropriate housing;
(a) "Violence against women and their children" refers to any act or a series of acts
(b) Counseling; committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
(c) Free legal services which shall include information about the victims' rights and the common child, or against her child whether legitimate or illegitimate, within or without the
procedure for filing complaints, claiming compensation and such other legal remedies family abode, which result in or is likely to result in physical, sexual, psychological harm or
available to them, in a language understood by the trafficked person; suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
(d) Medical or psychological services;
acts:
(e) Livelihood and skills training; and
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same room with
the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the conjugal money
or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection
and safety of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's or
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family, or deliberately providing the woman's children insufficient financial
support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under
Section 5 hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of the
Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence
of her child, the penalty to be applied shall be the maximum period of penalty prescribed in
the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and
shall report compliance to the court.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman or her child specified in
Section 5 of this Act and granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may be issued under this
Act are the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(a) Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless
of ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any designated
family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the petitioner
is safely restored to the possession of the automobile and other essential personal effects, or
to supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for any license to use or possess
a firearm. If the offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate on the offender
and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited
to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member, provided
petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree
of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered
a public offense which may be prosecuted upon the filing of a complaint by any citizen
having personal knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of
self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted by
expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order otherwise.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
A victim who is suffering from battered woman syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered woman syndrome..
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall
provide the victims temporary shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways of
coping with anger and emotional outbursts and reforming their ways. When necessary, the
offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and
their Children Cases. – All agencies involved in responding to violence against women and
their children cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their
children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or
survivor.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women
and their children including those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying information of a
victim or an immediate family member, without the latter's consent, shall be liable to the
contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment
and a fine of not more than Five Hundred Thousand pesos (P500,000.00).
RA 9710 Magna Carta for Women
B. Children
Article II Section 12, 1987 Constitution
The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life
of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive
the support of the Government.
Doctrine of Parens Patriae

The PNP, in coordination with LGU's shall establish an education and training program for Article 27, Convention on the Rights of the Child
police officers and barangay officials to enable them to properly handle cases of violence
Children have the right to a standard of living that is good enough to meet their physical and
against women and their children.
mental needs. The government should help families who cannot afford to provide this.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave
of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Nery vs. Lorenzo (1972)
Service Rules and Regulations, extendible when the necessity arises as specified in the
To it is cast the duty of protecting the rights of persons or individual who because of age or
protection order.
incapacity are in an unfavorable position, vis-a-vis other parties. Unable as they are to take
Any employer who shall prejudice the right of the person under this section shall be penalized due care of what concerns them, they have the political community to look after their welfare.
in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. This obligation the state must live up to. It cannot be recreant to such a trust.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
Child Abuse, Sexual Abuse and Exploitation and Trafficking (1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
Article 34, 35 Convention on the Rights of a Child (3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
Governments should protect children from sexual abuse. Governments should make sure that (5) Circumstances which threaten or endanger the survival and normal development of
children are not abducted or sold. children.1awphi1Ÿ

RA 7610 ARTICLE III

Child Prostitution and Other Sexual Abuse
Section 3. Definition of Terms. –
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female,
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable who for money, profit, or any other consideration or due to the coercion or influence of any
to fully take care of themselves or protect themselves from abuse, neglect, cruelty, adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to
exploitation or discrimination because of a physical or mental disability or condition; be children exploited in prostitution and other sexual abuse.
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following: The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional imposed upon the following:
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and (a) Those who engage in or promote, facilitate or induce child prostitution which include, but
dignity of a child as a human being; are not limited to, the following:
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(1) Acting as a procurer of a child prostitute;
(4) Failure to immediately give medical treatment to an injured child resulting in serious
(2) Inducing a person to be a client of a child prostitute by means of written or oral
impairment of his growth and development or in his permanent incapacity or death.
advertisements or other similar means;
(c) "Circumstances which gravely threaten or endanger the survival and normal development
(3) Taking advantage of influence or relationship to procure a child as prostitute;
of children" include, but are not limited to, the following;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(1) Being in a community where there is armed conflict or being affected by armed conflict-
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
related activities;
engage such child in prostitution.
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
with their normal development;
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
(3) Living in or fending for themselves in the streets of urban or rural areas without the care
under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
of parents or a guardian or basic services needed for a good quality of life;
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code,
(4) Being a member of a indigenous cultural community and/or living under conditions of
for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
to basic services needed for a good quality of life;
medium period; and
(5) Being a victim of a man-made or natural disaster or calamity; or
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
development of children.
entertainment or establishment serving as a cover or which engages in prostitution in addition
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to
to the activity for which the license has been issued to said establishment.
the coordinated program of services and facilities to protected children against:
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative
of a child, is found alone with the said child inside the room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof
when any person is receiving services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or
for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is
under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child
trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ,
use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or pornographic materials or to sell
or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allow such child to be employed or to participate in an obscene play, scene,
act, movie or show or in any other acts covered by this section shall suffer the penalty of
prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not
apply to any person who is related within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum
period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places any
minor herein described shall be imposed a penalty of prision mayor in its medium period and
a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate
such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious
physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve
(12) years of age. The penalty for the commission of acts punishable under Article 337, 339,
340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be
employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department of Labor and Employment:
Provided, That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination
taking into account the system and level of remuneration, and the duration and arrangement
of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for
the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of Education,
Culture and Sports shall promulgate a course design under its non-formal education program
aimed at promoting the intellectual, moral and vocational efficiency of working children who
have not undergone or finished elementary or secondary education. Such course design shall
integrate the learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No
person shall employ child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts and violence.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer
the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten
thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more
than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated
violations of the provisions of this Article, the offender's license to operate shall be revoked.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It
shall be the responsibility of the State and all other sectors concerned to resolve armed
conflicts in order to promote the goal of children as zones of peace. To attain this objective,
the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall Department of Social Welfare and Development or any responsible member of the
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines child committed the acts charged against him, the court shall determine the imposable
of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used
as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-
finding missions from both government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority
during evacuation as a result of armed conflict. Existing community organizations shall be
tapped to look after the safety and well-being of children during evacuation operations.
Measures shall be taken to ensure that children evacuated are accompanied by persons
responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same
family shall be housed in the same premises and given separate accommodation from other
evacuees and provided with facilities to lead a normal family life. In places of temporary
shelter, expectant and nursing mothers and children shall be given additional food in
proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child
who has been arrested for reasons related to armed conflict, either as combatant, courier,
guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid
penalty, including any civil liability chargeable against him. However, instead of pronouncing
judgment of conviction, the court shall suspend all further proceedings and shall commit such
child to the custody or care of the Department of Social Welfare and Development or to any
training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period
as the court may deem proper, after considering the reports and recommendations of the
Department of Social Welfare and Development or the agency or responsible individual under
whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such other
officer as the court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator
is an ascendant, parent guardian, stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee: Provided, however, That if the penalty imposed is
reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is
prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by
the Department of Social Welfare and Development and disbursed for the rehabilitation of
each child victim, or any immediate member of his family if the latter is the perpetrator of the
offense.
Protocol II to the Geneva Convention
Article 4 (3). Children shall be provided with the care and aid they require, and in particular:
(a) They shall receive an education, including religious and moral education, in keeping with
the wishes of their parents or, in the absence of parents, of those responsible for their care;
(b) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated; (c) Chidren who have not attained the age of fifteen years shall neither be recruited
in the armed forces or groups nor allowed to take part in hostilities;
(d) The special protection provided by this Article to children who have not attained the age
of fifteen years shall remain applicable to them if they take a direct part in hostilities despite
the provisions of sub-paragraph (c) and are captured; (e) Measures shall be taken, if
necessary, and whenever possible with the consent of their parents or persons who by law or
custom are primarily responsible for their care, to remove children temporarily from the area
in which hostilities are taking place to a safer area within the country and ensure that they are
accompanied by persons responsible for their safety and well-being.
Article 40 Convention on the Rights of Child
Children who are accused of breaking the law should receive legal help. Prison sentences for
children should only be used for the most serious offences.
PD 603 Child and Youth Warfare Code
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and enhance his opportunities for a
useful and happy life.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth
Welfare Code. It shall apply to persons below twenty-one years of age except those
emancipated in accordance with law. "Child" or "minor" or "youth" as used in this Code, shall
refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of
his conception, as generally accepted in medical parlance, and has, therefore, the right to be
born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care
and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that
he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the
medical attention, and all the basic physical requirements of a healthy and vigorous life. prerogative of choosing his future spouse. Parents should not force or unduly influence him to
marry a person he has not freely chosen.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for
the enrichment and the strengthening of his character. Article 71. Admission to Schools. - The state shall see to it that no child is refused admission
in public schools. All parents are required to enroll their children in schools to complete, at
(6) Every child has the right to an education commensurate with his abilities and to the least, an elementary education.
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen. Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters
affecting the religious and moral upbringing of the child.
(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours. Article 80. Establishment of Schools. - All churches and religious orders, congregations or
groups may, conformably to law, establish schools for the purpose of educating children in
(8) Every child has the right to protection against exploitation, improper influences, hazards, accordance with the tenets of their religion.
and other conditions or circumstances prejudicial to his physical, mental, emotional, social
and moral development. Article 81. Religious Instruction. - The religious education of children in all public and
private schools is a legitimate concern of the Church to which the students belong. All
(9) Every child has the right to live in a community and a society that can offer him an churches may offer religious instruction in public and private elementary and secondary
environment free from pernicious influences and conducive to the promotion of his health and schools, subject to the requirements of the Constitution and existing laws.
the cultivation of his desirable traits and attributes.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the
(10) Every child has the right to the care, assistance, and protection of the State, particularly government shall extend to all churches, without discrimination or preference, every
when his parents or guardians fail or are unable to provide him with his fundamental needs opportunity to exercise their influence and disseminate their teachings.
for growth, development, and improvement.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their
(11) Every child has the right to an efficient and honest government that will deepen his faith Church and to perform their religious duties. Whenever possible, parents shall accompany
in democracy and inspire him with the morality of the constituted authorities both in their their children to the regular devotion of their Church and other religious ceremonies.
public and private lives.
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, adults to join the collective bargaining union of their own choosing in accordance with
understanding, tolerance, and universal brotherhood, and with the determination to contribute existing law.
his share in the building of a better world.
Neither management nor any collective bargaining union shall threaten or coerce working
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education children to join, continue or withdraw as members of such union.
and property of the child, his welfare shall be the paramount consideration.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the
Article 56. Choice of career. - The child shall have the right to choose his own career. Parents application of the parents or guardians and the recommendation of any reputable diagnostic
may advise him on this matter but should not impose on him their own choice. center or clinic, shall refer and/or admit disabled children to any public or private institution
providing the proper care, training and rehabilitation.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
"Disabled children" as used in this Chapter shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
Article 174. Training and Opportunities for Disabled Children. - Specialized educational
services shall be expanded and improved to provide appropriate opportunities for disabled
children. Vocational rehabilitation and manpower conservation agencies shall train disabled
children for specialized types of jobs, services and business which could be learned only by
them and shall help provide opportunities for their future occupational placement: That the
agencies and organizations engaged in programs and services for the disabled need not be
limited to minors. Persons of legal age may be admitted whenever facilities are available for
them.
C. Persons with Disabilities
RA 7277 Magna Carta for Disabled Persons
Sec. 2. Declaration of Policy — The grant of the rights and privileges for disabled persons
shall be guided by the following principles:
(a) Disabled persons are part of Philippine society, thus the State shall give full support to the
improvement of the total well-being of disabled persons and their integration into the
mainstream of society. Toward this end, the State shall adopt policies ensuring the
rehabilitation, self-development and self-reliance of disabled persons. It shall develop their
skills and potentials to enable them to compete favorably for available opportunities.
(b) Disabled persons have the same rights as other people to take their proper place in society.
They should be able to live freely and as independently as possible. This must be the concern
of everyone — the family, community and all government and nongovernment organizations.
Disabled persons' rights must never be perceived as welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the concern of the Government in order
to foster their capacity to attain a more meaningful, productive and satisfying life. To reach
out to a greater number of disabled persons, the rehabilitation services and benefits shall be
expanded beyond the traditional urban-based centers to community based programs, that will
ensure full participation of different sectors as supported by national and local government
agencies.
(d) The State also recognizes the role of the private sector in promoting the welfare of
disabled persons and shall encourage partnership in programs that address their needs and
concerns.
(e) To facilitate integration of disabled persons into the mainstream of society, the State shall
advocate for and encourage respect for disabled persons. The State shall exert all efforts to
remove all social, cultural, economic, environmental and attitudinal barriers that are
prejudicial to disabled persons.
Sec. 3. Coverage. — This Act shall cover all disabled persons and, to the extent herein
provided, departments, offices and agencies of the National Government or nongovernment
organizations involved in the attainment of the objectives of this Act.
Sec. 4. Definition of Terms. — For purposes of this Act, these terms are defined as follows:
(a) Disabled persons are those suffering from restriction or different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner or within the
range considered normal for a human being;
(b) Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities of
such individual; 2) a record of such an impairment; or 3) being regarded as having such an
impairment;
(d) Handicap refers to a disadvantage for a given individual, resulting from an impairment or
a disability, that limits or prevents the function or activity, that is considered normal given the
age and sex of the individual;
TITLE II
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I
EMPLOYMENT
Sec. 5. Equal Opportunity for Employment. — No disable person shall be denied access to
opportunities for suitable employment. A qualified disabled employee shall be subject to the
same terms and conditions of employment and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able bodied person. Five percent (5%)
of all casual emergency and contractual positions in the Departments of Social Welfare and
Development; Health; Education, Culture and Sports; and other government agencies, offices
or corporations engaged in social development shall be reserved for disabled persons. Sec. 6.
Sheltered Employment — If suitable employment for disabled persons cannot be found
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
through open employment as provided in the immediately preceding Section, the State shall
endeavor to provide it by means of sheltered employment. In the placement of disabled
persons in sheltered employment, it shall accord due regard to the individual qualities,
vocational goals and inclinations to ensure a good working atmosphere and efficient
production.
Sec. 7. Apprenticeship. — Subject to the provisions of the Labor Code as amended, disabled
persons shall be eligible as apprentices or learners: Provided, That their handicap is not as
much as to effectively impede the performance of job operations in the particular occupation
for which they are hired; Provided, further, That after the lapse of the period of
apprenticeship, if found satisfactory in the job performance, they shall be eligible for
employment.
Sec. 8. Incentives for Employers. — (a) To encourage the active participation of the private
sector in promoting the welfare of disabled persons and to ensure gainful employment for
qualified disabled persons, adequate incentives shall be provided to private entities which
employ disabled persons. (b) Private entities that employ disabled persons who meet the
required skills or qualifications, either as regular employee, apprentice or learner, shall be
entitled to an additional deduction, from their gross income, equivalent to twenty-five percent
(25%) of the total amount paid as salaries and wages to disabled persons: Provided, however,
That such entities present proof as certified by the Department of Labor and Employment that
disabled persons are under their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and the Department of Health as to
his disability, skills and qualifications. (c) Private entities that improve or modify their
physical facilities in order to provide reasonable accommodation for disabled persons shall
also be entitled to an additional deduction from their net taxable income, equivalent to fifty
percent (50%) of the direct costs of the improvements or modifications. This Section,
however, does not apply to improvements or modifications of facilities required under Batas
Pambansa Bilang 344.
Sec. 9. Vocational Rehabilitation. — Consistent with the principle of equal opportunity for
disabled workers and workers in general, the State shall take appropriate vocational
rehabilitation measures that shall serve to develop the skills and potentials of disabled persons
and enable them to compete favorably for available productive and remunerative employment
opportunities in the labor market. The State shall also take measures to ensure the provision
of vocational rehabilitation and livelihood services for disabled persons in the rural areas. In
addition, it shall promote cooperation and coordination between the government and
nongovernmental organizations and other private entities engaged in vocational rehabilitation
activities. The Department of Social Welfare and Development shall design and implement
training programs that will provide disabled persons with vocational skills to enable them to
engage in livelihood activities or obtain gainful employment. The Department of Labor and
Employment shall likewise design and conduct training programs geared towards providing
disabled persons with skills for livelihood.
Sec. 10. Vocational Guidance and Counseling. — The Department of Social and Welfare and
Development, shall implement measures providing and evaluating vocational guidance and
counseling to enable disabled persons to secure, retain and advance in employment. It shall
ensure the availability and training of counselors and other suitably qualified staff responsible
for the vocational guidance and counseling of disabled persons.
CHAPTER II
EDUCATION
Sec. 12. Access to Quality Education. — The State shall ensure that disabled persons are
provided with access to quality education and ample opportunities to develop their skills. It
shall take appropriate steps to make such education accessible to all disabled persons. It shall
be unlawful for any learning institution to deny a disabled person admission to any course it
offers by reason of handicap or disability. The State shall take into consideration the special
requirements of disabled persons in the formulation of educational policies and programs. It
shall encourage learning institutions to take into account the special needs of disabled persons
with respect to the use of school facilities, class schedules, physical education requirements,
and other pertinent consideration. The State shall also promote the provision by learning
institutions, especially higher learning institutions of auxiliary services that will facilitate the
learning process for disabled persons.
Sec. 13. Assistance to Disabled Students. — The State shall provide financial assistance to
economically marginalized but deserving disabled students pursuing post secondary or
tertiary education. Such assistance may be in the form of scholarship grants, student loan
programs, subsidies, and other incentives to qualified disabled students in both public and
private schools. At least five percent (5%) of the allocation for the Private Education Student
Financial Assistance Program created by virtue of R.A. 6725 shall be set aside for disabled
students pursuing vocational or technical and degree courses.
Sec. 14. Special Education. — The State shall establish, maintain and support complete,
adequate and integrated system of special education for the visually impaired, hearing
impaired, mentally retarded persons and other types of exceptional children in all regions of
the country. Toward this end, the Department of Education, Culture and Sports shall
establish, special education classes in public schools in cities, or municipalities. It shall also
establish, where viable, Braille and Record Libraries in provinces, cities or municipalities.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
The National Government shall allocate funds necessary for the effective implementation of
the special education program nationwide. Local government units may likewise appropriate
counterpart funds to supplement national funds.
Sec. 15. Vocational or Technical and Other Training Programs. — The State shall provide
disabled persons with training in civics, vocational efficiency, sports and physical fitness, and
other skills. The Department of Education, Culture and Sports shall establish in at least one
government-owned vocational and technical school in every province a special vocational and
technical training program for disabled persons. It shall develop and implement sports and
physical fitness programs specifically designed for disabled persons taking into consideration
the nature of their handicap.
Sec. 16. Non-Formal Education. — The State shall develop non-formal education programs
intended for the total human development of disabled persons. It shall provide adequate
resources for non-formal education programs and projects that cater to the special needs of
disabled persons.
Sec. 17. State Universities and Colleges. — If viable and needed, the State University or State persons in government buildings and facilities.
College in each region or province shall be responsible for (a) the development of material
appliances and technical aids for disabled persons; (b) the development of training materials
for vocational rehabilitation and special education instructions; (c) the research on special
problems, particularly of the visually-impaired, hearing impaired, speech-impaired, and
orthopedically-impaired students, mentally retarded, and multi-handicapped and others, and
the elimination of social barriers and discrimination against disabled persons; and (d)
inclusion of the Special Education for Disabled (SPED) course in the curriculum. The
National Government shall provide these state universities and colleges with necessary
special facilities for visually-impaired, hearing-impaired, speech-impaired, and
orthopedically-impaired students. It shall likewise allocate the necessary funds in support of
the above.
Sec. 22. Broadcast Media. — Television stations shall be encouraged to provide a sign
language inset or subtitles in at least one (1) newscast program a day and special programs
covering events of national significance.
Sec. 23. Telephone Services. — All telephone companies shall be encouraged to install
special telephone devices or units for the hearing-impaired and ensure that they are
commercially available to enable them to communicate through the telephone system.
Sec. 24. Free Postal Charges for the Disabled. — Postal charges shall be free on the
following:
(a) articles and literatures like books and periodicals, orthopedic and other devices, and
teaching aids for the use of the disabled sent by mail within the Philippines and abroad; and
(b) aids and orthopedic devices for the disabled sent by abroad by mail for repair: Provided,
That the aforesaid items are for personal purposes only: Provided, further, That the disabled
person is a marginalized disabled as certified by the Social Welfare and Development Office
of the local government unit concerned or the Department of Social Welfare and
Development.
CHAPTER VI
ACCESSIBILITY
Sec. 25. Barrier-Free Environment. — The State shall ensure the attainment of a barrier-free
environment that will enable disabled persons to have access in public and private buildings
and establishments and such other places mentioned in Batas Pambansa Bilang 344,
otherwise known as the "Accessibility Law". The national and local governments shall
allocate funds for the provision of architectural facilities or structural features for disabled
Sec. 26. Mobility. — The State shall promote the mobility of disabled persons. Disabled
persons shall be allowed to drive motor vehicles, subject to the rules and regulations issued
by the Land Transportation Office pertinent to the nature of their disability and the
appropriate adaptations or modifications made on such vehicles.
Sec. 27. Access to Public Transport Facilities. — The Department of Social Welfare and
Development shall develop a program to assist marginalized disabled persons gain access in
the use of public transport facilities. Such assistance may be in the form of subsidized
transportation fare. The said department shall also allocate such funds as may be necessary
for the effective implementation of the public transport program for the disabled persons. The
"Accessibility Law", as amended, shall be made suppletory to this Act.
Sec. 28. Implementing Rules and Regulations. — The Department of Transportation and
Communications shall formulate the rules and regulations necessary to implement the
provisions of this Chapter.
CHAPTER VII
POLITICAL AND CIVIL RIGHTS
Sec. 29. System of Voting. — Disabled persons shall be allowed to be assisted by a person of
his choice in voting in the national or local elections. The person thus chosen shall prepare the
ballot for the disabled voter inside the voting booth. The person assisting shall bind himself in
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
a formal document under oath to fill out the ballot strictly in accordance with the instructions
of the voter and not to reveal the contents of the ballot prepared by him. Violation of this
provision shall constitute an election offense. Polling places should be made accessible to
disabled persons during national or local elections.
Sec. 30. Right to Assemble. — Consistent with the provisions of the Constitution, the State
shall recognize the right of disabled persons to participate in processions, rallies, parades,
demonstrations, public meetings, and assemblages or other forms of mass or concerned action
held in public.
Sec. 31. Right to Organize. — The State recognizes the right of disabled persons to form
organizations or associations that promote their welfare and advance or safeguard their
interests. The National Government, through its agencies, instrumentalities and subdivisions,
shall assist disabled persons in establishing self-help organizations by providing them with
necessary technical and financial assistance
DISCRIMINATION ON EMPLOYMENT
Sec. 32. Discrimination on Employment. — No entity, whether public or private, shall
discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment. The
following constitute acts of discrimination:
(a) Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection criteria that screen out
or tend to screen out a disabled person unless such standards, tests or other selection criteria
are shown to be job-related for the position in question and are consistent with business
necessity;
(c) Utilizing standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to common administrative control.
(d) Providing less compensation, such as salary, wage or other forms of remuneration and
fringe benefits, to a qualified disabled employee, by reason of his disability, than the amount
to which a non-disabled person performing the same work is entitled;
(e) Favoring a non-disabled employee over a qualified disabled employee with respect to
promotion, training opportunities, study and scholarship grants, solely on account of the
latter's disability;
(f) Re-assigning or transferring a disabled employee to a job or position he cannot perform by
reason of his disability;
(g) Dismissing or terminating the services of a disabled employee by reason of his disability
unless the employer can prove that he impairs the satisfactory performance of the work
involved to the prejudice of the business entity: Provided, however, That the employer first
sought to provide reasonable accommodations for disabled persons;
(h) Failing to select or administer in the most effective manner employment tests which
accurately reflect the skills, aptitude or other factor of the disabled applicant or employee that
such tests purports to measure, rather than the impaired sensory, manual or speaking skills of
such applicant or employee, if any; and
(i) Excluding disabled persons from membership in labor unions or similar organizations.
Sec. 33. Employment Entrance Examination. — Upon an offer of employment, a disabled
applicant may be subjected to medical examination, on the following occasions:
(a) all entering employees are subjected to such an examination regardless of disability;
(b) information obtained during the medical condition or history of the applicant is collected
and maintained on separate forms and in separate medical files and is treated as a confidential
medical record; Provided, however, That:
(1) supervisors and managers may be informed regarding necessary restrictions on the work
or duties of the employees and necessary accommodations;
(2) first aid and safety personnel may be informed, when appropriate, if the disability may
require emergency treatment;
(3) government officials investigating compliance with this Act shall be provided relevant
information on request; and
(4) the results of such examination are used only in accordance with this Act.
CHAPTER II
DISCRIMINATION ON TRANSPORTATION
Sec. 34. Public Transportation. — It shall be considered discrimination for the franchisees or
operators and personnel of sea, land, and air transportation facilities to charge higher fare or
to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by
reason of his disability.
CHAPTER III
DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES
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Sec. 36. Discrimination on the Use of Public Accommodations. — (a) No disabled person
shall be discriminated on the basis of disability in the full and equal enjoyment of the goods,
services, facilities, privileges, advantages or accommodations of any place of public
accommodation by any person who owns, leases, or operates a place of public
accommodation. The following constitute acts of discrimination:
(1) denying a disabled person, directly or through contractual, licensing, or other
arrangement, the opportunity to participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity by reason of his disability;
(2) affording a disabled person, on the basis of his disability, directly or through contractual,
licensing, or other arrangement, with the opportunity to participate in or benefit from a good
service, facility, privilege, advantage, or accommodation that is not equal to that afforded to
other able-bodied persons; and
(3) providing a disabled person, on the basis of his disability, directly or through contractual,
licensing, or other arrangement, with a good, service, facility, advantage, privilege, or
accommodation that is different or separate form that provided to other able-bodied persons
unless such action is necessary to provide the disabled person with a good, service, facility,
advantage, privilege, or accommodation, or other opportunity that is as effective as that
provided to others; For purposes of this Section, the term "individuals or class of individuals"
refers to the clients or customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement.
(b) Integrated Settings — Goods, services, facilities, privileges, advantages, and
accommodations shall be afforded to individual with a disability in the most integrated setting
appropriate to the needs of the individual.
(c) Opportunity to Participate — Notwithstanding the existence of separate or different
programs or activities provided in accordance with this Section, an individual with a
disability shall not be denied the opportunity to participate in such programs or activities that
are not separate or different.
(d) Association — It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other opportunities to an
individual or entity because of the known disability of an individual with whom the
individual or entity is known to have a relationship or association.
(e) Prohibitions — For purposes of this Section, the following shall be considered as
discriminatory:
(1) the imposition or application of eligibility criteria that screen out or tend to screen out an
individual with a disability or any class or individuals with disabilities from fully and equally
enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless
such criteria can be shown to be necessary for the provision of the goods, services, facilities,
privileges, or accommodations being offered;
(2) a failure to make reasonable modifications in policies, practices, or procedures, when such
modifications are necessary to afford such goods, services, facilities, privileges, advantages,
or accommodations to individuals with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature of the goods, facilities,
services, privileges, advantages, or accommodations;
(3) failure to take such steps as may be necessary to ensure that no individual with a disability
is excluded, denied services, segregated or otherwise treated differently than other individuals
because of the absence of auxiliary aids and services, unless the entity can demonstrate that
taking such steps would fundamentally alter the nature of the good, service, facility, privilege,
advantage or accommodation being offered or would result in undue burden;
(4) a failure to remove architectural barriers, and communication barriers that are structural in
nature, in existing facilities, where such removal is readily achievable; and
(5) where an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods if such methods are readily
achievable.
Sec. 37. Use of Government Recreational or Sports Centers Free of Charge. — Recreational
or sports centers owned or operated by the Government shall be used, free of charge, by
marginalized disabled persons during their social, sports or recreational activities..
Sec. 42. Tax Incentives. — (a) Any donation, bequest, subsidy or financial aid which may be
made to government agencies engaged in the rehabilitation of disabled persons and
organizations of disabled persons shall be exempt from the donor's tax subject to the
provisions of Section 94 of the National Internal Revenue Code (NIRC), as amended and
shall be allowed as deductions from the donor's gross income for purposes of computing the
taxable income subject to the provisions of Section 29 (h) of the Code.
(b) Donations from foreign countries shall be exempt from taxes and duties on importation
subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines, as
amended, Section 103 of the NIRC, as amended and other relevant laws and international
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
agreements. (c) Local manufacturing or technical aids and appliances used by disabled
persons shall be considered as a preferred area of investment subject to the provisions of
Executive Order No. 226 otherwise known as the "Omnibus Investments Code of 1987" and,
as such, shall enjoy the rights, privileges and incentives as provided in said Code such as, but
not limited, to the following:
(1) repatriation of investments;
(2) remittance of earnings;
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations;
(5) freedom from requisition of investment;
(6) income tax holiday;
(7) additional deduction for labor expense;
(8) tax and duty exemption on imported capital equipment;
(9) tax credit on domestic capital equipment;
(10) exemption from contractor's tax;
(11) simplification of customs procedures;
(12) unrestricted use of consigned equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded warehouse system;
(16) exemption from taxes and duties on imported spare parts; and
(17) exemption from wharfage dues and any export tax, duty, impost and fee.
Sec. 46. Penal Clause. — (a) Any person who violates any provision of this Act shall suffer
the following penalties:
(1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six
(6) months but not more than two (2) years, or both at the discretion of the court; and
(2) for any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two (2) years but not more than six (6) years, or both at the
discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment
of not less than six (6) months or a fine of not less than Five thousand pesos (P5,000.00), but
not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof
directly involved shall be liable therefor.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.
UN Declaration of the Rights of Persons with Disabilities
Bernardo vs. NLRC (1999)
The noble objectives of Magna Carta for Disabled Persons are not based merely on charity or
accommodation, but on justice and the equal treatment of qualified persons, disabled or not.
In the present case, the handicap of petitioners (deaf-mutes) is not a hindrance to their work.
The eloquent proof of this statement is the repeated renewal of their employment contracts.
Why then should they be dismissed, simply because they are physically impaired? The Court
believes, that, after showing their fitness for the work assigned to them, they should be treated
and granted the same rights like any other regular employees.
D. Indigenous People
Article XIV, Section 17 of 1987 Constitution
The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights
in the formulation of national plans and policies.
RA 8731
E. Racial Discrimination
Racial discrimination is any distinction, exclusion, restriction or preference based on race,
colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other field of public
life
F. Genocide
Violence against members of a national, ethnical, racial or religious group with the intent to
destroy the entire group
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G. Refugees
Article 1, 2- 4, 12, 15- 18, 31, 32 (17-20) Convention Relating to Status of
Refugees and its Protocol
Article I A. For the purposes of the present Convention, the term “refugee”
shall apply to any person who:
(1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928
or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14
September1939 or the Constitution of the International Refugee Organization; Decisions of
non-eligibility taken by the International Refugee Organization during the period of its
activities shall not prevent the status of refugee being accorded to persons who fulfil the
conditions of paragraph 2 of this section;
(2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his nationality and is unable or, owing to
such fear, is unwilling to avail himself of the protection of that country; or who, not having a
nationality and being outside the country of his former habitual residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it. In the case of a person
who has more than one nationality, the term “the country of his nationality” shall mean each
of the countries of which he is a national, and a person shall not be deemed to be lacking the
protection of the country of his nationality if, without any valid reason based on well-founded
fear, he has not availed himself of the
Article 2 General Obligations
Every refugee has duties to the country in which he finds himself, which require in particular
that he conform to its laws and regulations as well as to measures taken for the maintenance
of public order.
Article 3 Non-Discrimination
The Contracting States shall apply the provisions of this Convention to refugees without
discrimination as to race, religion or country of origin.
Article 4 Religion
The Contracting States shall accord to refugees within their territories treatment at least as
favourable as that accorded to their nationals with respect to freedom to practice their religion
and freedom as regards the religious education of their children.
Article 12 PERSONAL STATUS
1. The personal status of a refugee shall be governed by the law of the country of his domicile
or, if he has no domicile, by the law of the country of his residence.
2 . Rights previously acquired by a refugee and dependent on personal status, more
particularly rights attaching to marriage, shall be respected by a Contracting State, subject to
compliance, if this be necessary, with the formalities required by the law of that State,
provided that the right in question is one which would have been recognized by the law of
that State had he not become a refugee.
Article 15 RIGHT OF ASSOCIATION
As regards non-political and non-profit-making associations and trade unions the Contracting
States shall accord to refugees lawfully staying in their territory the most favourable treatment
accorded to nationals of a foreign country, in the same circumstances.
Article 16 ACCESS TO COURTS
1. A refugee shall have free access to the courts of law on the territory of all Contracting
States.
2. A refugee shall enjoy in the Contracting State in which he has his habitual residence the
same treatment as a national in matters pertaining to access to the Courts, including legal
assistance and exemption from cautio judicatum solvi.
3. A refugee shall be accorded in the matters referred to in paragraph
2 in countries other than that in which he has his habitual residence the treatment granted to a
national of the country of his habitual residence.
CHAPTER III: Gainful Employment
Article 17 WAGE-EARNING EMPLOYMENT
1. The Contracting State shall accord to refugees lawfully staying in their territory the most
favourable treatment accorded to nationals of a foreign country in the same circumstances, as
regards the right to engage in wage-earning employment.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
2 . In any case, restrictive measures imposed on aliens or the employment of aliens for the
protection of the national labour market shall not be applied to a refugee who was already
exempt from them at the date of entry into force of this Convention for the Contracting State
concerned, or who fulfils one of the following conditions:
(a) He has completed three years’ residence in the country;
(b) He has a spouse possessing the nationality of the country of residence. A refugee may not
invoke the benefits of this provision if he has abandoned his spouse;
(c) He has one or more children possessing the nationality of the country of residence.
3. The Contracting States shall give sympathetic consideration to assimilating the rights of all
refugees with regard to wage-earning employment to those of nationals, and in particular of
those refugees who have entered their territory pursuant to programmes of labour recruitment
or under immigration schemes.
Article 18 SELF-EMPLOYMENT
The Contracting States shall accord to a refugee lawfully in their territory treatment as
favourable as possible and, in any event, not less favourable than that accorded to aliens
generally in the same circumstances, as regards the right to engage on his own account in
agriculture, industry, handicrafts and commerce and to establish commercial and industrial
companies.
Article 31 REFUGEES UNLAWFULLY IN THE COUNTRY OF REFUGE
1. The Contracting States shall not impose penalties, on account of their illegal entry or
presence, on refugees who, coming directly from a territory where their life or freedom was
threatened in the sense of article 1, enter or are present in their territory without authorization,
provided they present themselves without delay to the authorities and show good cause for
their illegal entry or presence.
2 . The Contracting States shall not apply to the movements of such refugees restrictions
other than those which are necessary and such restrictions shall only be applied until their
status in the country is regularized or they obtain admission into another country. The
Contracting States shall allow such refugees a reasonable period and all the necessary
facilities to obtain admission into another country.
Article 32 EXPULSION
1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds
of national security or public order.
2 . The expulsion of such a refugee shall be only in pursuance of a decision reached in
accordance with due process of law. Except where compelling reasons of national security
otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to
appeal to and be represented for the purpose before competent authority or a person or
persons specially designated by the competent authority.
3 . The Contracting States shall allow such a refugee a reasonable period within which to
seek legal admission into another country. The Contracting States reserve the right to apply
during that period such internal measures as they may deem necessary.
Right of Asylum Article 14, UDHR
(1) Everyone has the right to seek and enjoy in other countries asylum from persecution (2)
This right may not be invoked in the case of persecution genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations
H. Stateless Persons, Article 1 Convention on Stateless Person
1. For the purpose of this Convention, the term "stateless person" means a person who is not
considered as a national by any State under the operation of its law.
2. This Convention shall not apply:
(i) To persons who are at present receiving from organs or agencies of the United Nations
other than the United Nations High Commissioner for Refugees protection or assistance so
long as they are receiving such protection or assistance;
(ii) To persons who are recognized by the competent authorities of the country in which they
have taken residence as having the rights and obligations which are attached to the possession
of the nationality of that country;
(iii) To persons with respect to whom there are serious reasons for considering that:
( a ) They have committed a crime against peace, a war crime, or a crime against humanity, as
defined in the international instruments drawn up to make provisions in respect of such
crimes;
( b ) They have committed a serious non-political crime outside the country of their residence
prior to their admission to that country;
( c ) They have been guilty of acts contrary to the purposes and principles of the United
Nations.
III. Remedies Against Human Rights Violations
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
A. Remedies under UN Treaties
1. Optional Protocol to ICCPR
The Optional Protocol to the International Covenant on Civil and Political Rights is an
international treaty establishing an individual complaint mechanism for the International
Covenant on Civil and Political Rights (ICCPR). Parties or members herein agree to
recognize the competence of the UN Human Rights Committee to consider complaints from
individuals who claim their rights under the Covenant have been violated.
It was adopted by the UN General Assembly on 16 December 1966, and entered into force on
23 March 1976. As of September 2013, it had 35 signatories and 115 states parties. The
Philippines signed last December 19, 1996 and ratified the treaty on August 22, 1989.6
To Acquire Jurisdiction
1. Complainants must have exhausted all domestic remedies.
2. Anonymous complaints are not permitted.
3. Where the application of the remedies is unreasonably prolonged.
Operation
1. Individuals who claim that any of their rights enumerated in the Covenant have been
violated and who have exhausted all available domestic remedies may submit a written
communication to the Committee for consideration.
2. The Committee shall bring any communications submitted to it under the present Protocol
to the attention of the State Party to the present Protocol alleged to be violating any provision
of the Covenant.
3. Within six months, the receiving State shall submit to the Committee written explanations
or statements clarifying the matter and the remedy, if any, that may have been taken by that
State.
4. The Committee shall consider communications received under the present Protocol in the
light of all written information made available to it by the individual and by the State Party
concerned.
5. The Committee shall hold closed meetings when examining communications under the
present Protocol.
6. The Committee shall forward its views to the State Party concerned and to the individual.
2. Convention on the Elimination of all Forms of Racial
Discrimination
3. Convention Against Torture, and other Cruel, Inhuman or
Degrading Punishment
Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain
or suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession, punishing him
for an act he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity. It
does not include pain or suffering arising only from, inherent in or incidental to lawful
sanctions.
2. This article is without prejudice to any international instrument or national legislation
which does or may contain provisions of wider application.
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war,
internal political instability or any other public emergency, may be invoked as a justification
of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification
of torture.
Article 3
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1. No State Party shall expel, return ("refouler") or extradite a person to another State where
there are substantial grounds for believing that he would be in danger of being subjected to
torture.
2. For the purpose of determining whether there are such grounds, the competent authorities
shall take into account all relevant considerations including, where applicable, the existence
in the State concerned of a consistent pattern of gross, flagrant or mass violations of human
rights.
Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The
same shall apply to an attempt to commit torture and to an act by any person which
constitutes complicity or participation in torture. 2. Each State Party shall make these
offences punishable by appropriate penalties which take into account their grave nature.
Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts
of cruel, inhuman or degrading treatment or punishment which do not amount to torture as
defined in article I, when such acts are committed by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity. In
particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the
substitution for references to torture of references to other forms of cruel, inhuman or
degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other
international instrument or national law which prohibits cruel, inhuman or degrading
treatment or punishment or which relates to extradition or expulsion.
B. Punishment
1. The 1503 Procedure or Confidential Procedure
Petition-information procedure (not petition-reparation procedure)
Activated by complaints from NGO sources that reveal:
“a consistent pattern of gross and reliably attested violations of human rights and fundamental
freedoms”
2. The 1235 Procedure (Public Debate)
Authorized the Commission on Human Rights and its Sub-Commission to examine
information relating to gross human rights violations
South Africa, Namibia, and Rhodesia were the initial States subject to the 1235 procedure
3. The International Criminal Court Rome Statute (Genocide, war crimes,
crimes against humanity)
Article 6 For the purpose of this Statute, ‘genocide’ means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article 7 Crimes against humanity
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts
when committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental
rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender as defined in paragraph or other grounds that are universally
recognized as impermissible under international law, in connection with any act referred to in
this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
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(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious
injury to body or to mental or physical health.
Article 8 War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as
part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, ‘war crimes’ means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the
following acts against persons or property protected under the provisions of the relevant
Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile
Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and
regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading
treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement
pronounced by a regularly constituted court, affording all judicial guarantees which are
generally recognized as indispensable.
IV. Remedies under National Law
A. Investigation by CHR
B. Writ of Habeas Corpus, Article III, Section 15
The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety requires it.
Article VII, Section 18
The President shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under martial law. Within
forty-eight hours from the proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, the President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the initiative of the President, the Congress may,
in the same manner, extend such proclamation or suspension for a period to be determined by
the Congress, if the invasion or rebellion shall persist and public safety requires it.
Villavicencio vs. Lukban (1919)
Facts: City Mayor detained all prostitutes in Manila to Davao in order to remove vice in the
City. A writ of Habeas Corpus was filed to question their detention
Decision: A prime specification of an application for a writ of habeas corpus is restraint of
liberty. The essential object and purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from voluntary, and to relieve a person
therefrom if such restraint is illegal. Any restraint which will preclude freedom of action is
sufficient. The forcible taking of these women from Manila by officials of that city, who
handed them over to other parties, who deposited them in a distant region, deprived these
women of freedom of locomotion just as effectively as if they had been imprisoned. Placed in
Davao without either money or personal belongings, they were prevented from exercising the
liberty of going when and where they pleased. The restraint of liberty which began in Manila
continued until the aggrieved parties were returned to Manila and released or until they freely
and truly waived his right
Moncupa vs. Juan Ponce Enrile (1986)
Facts: Moncupa was arrested and detained in suspicion of being a member of NDF. The
prosecution however found out his non involvement to such group hence he was not charged
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with Subversion but only illegal possession of firearms. He filed an application for Habeas
Corpus but he was temporarily release subject to some conditions imposed to him by the
government.
Decision: The essential objet and purpose of the writ of Habeas Corpus is to inquire into all
manner of involuntary restraints as distinguished from voluntary, and to relieve the person
therefrom if such restraint is illegal. Any restraint which will prelude freedom of action is
sufficient. Where a person continues to be unlawfully denied one or more of his constitutional
freedoms, where there is present denial of due process, where the restraints are not merely
involuntary but appear to be unnecessary, and where a deprivation of freedom originally valid
has, in the light of subsequent developments, become arbitrary, the person concerned or those
applying in his behalf may still avail themselves of the privilege of the writ.
Lansang vs. Garcia (1971)
Facts: Because of the bombing incident in plaza Miranda which cost the lives of many LP
candidates, President Marcos suspended the writ of Habeas Corpus for the persons presently
detained including petitioner.
Decision: For the valid suspension of the writ: (a) the must be invasion, insurrection and
rebellion; and (b) public safety require the suspension. There are no doubts about the
existence of a sizeable group of men who have publicly risen arms to overthrow the
government and thus have been and still are engaged in rebellion against the government of
the Philippines. NPA is a proof of the existence of rebellion of which establishment is in the
nature of public challenge to the duly constituted authorities and may be likened to a
declaration of war. The suspension then is required by public safety.
Chavez vs. Court of Appeals (1971)
Facts: Chavez stood as an ordinary witness in a criminal case of theft of motor vehicle. The
accused however were acquitted and he was implicated to the commission and later on
conviction on the crime charged. He filed an application for Habeas Corpus
Decision: The course which Chavez took is correct. Habeas Corpus is a high prerogative
writ. It is traditionally considered as an exceptional remedy to release a person whose liberty
is illegally restrained such as when the accused’s constitutional rights are disregarded. Such
defect results in the absence or loss of jurisdiction and therefore invalidates the trial and the
consequent conviction of the accused whose fundamental right was violated. The void
judgment of conviction may be challenged by collateral attack, which precisely is the function
of Habeas Corpus. The writ may be granted upon a judgment already final. For the writ of
Habeas Corpus as an extraordinary remedy must be liberally given effect so as to protect well
a person whose liberty is at stake
Gumabon vs. Director of Prisons (1968)
Facts: Accused was charged with complex crime of rebellion with murder. Upon his plea of
guilty, he was convicted. He already served 13 years of imprisonment when the SC declared
that he cannot be convicted of complex crime of rebellion with murder, etc., as there is no
such crime. A Habeas Corpus was applied for his release
Decision: The writ of Habeas Corpus’ latitudinarian scope to assure the illegality of
restraint and detention be avoided is one of the truism of the law. It is not known as the writ
of liberty for nothing. The writ imposes on Judges the grave responsibility of ascertaining
whether there is any legal justification for a deprivation of physical freedom. Unless there be
such showing, the confinement must thereby cease. Once deprivation of Constitutional right
is shown to exist, the court that rendered the judgment is deemed ousted of jurisdiction and
Habeas Corpus is the appropriate remedy to assail the legality of the detention.
In re: Abadilla (1987)
Facts: Accused was suspected as one o the leaders of the group who took over GMA
television and broadcasting facilities. He was arrested, detained and was dropped out of the
official roll of AFP. He was charged with mutiny and an application for Habeas Corpus was
filed in his behalf.
Decision: The record of the case discloses that Colonel Abadilla has been charged by the
military authorities for violation of Article of War 67 (Mutiny or Sedition) which is a serious
offense, and the corresponding charge sheets have been prepared against him. The important
issue in this Petition has been resolved - the detention of Colonel Abadilla under the
circumstances obtaining in this case is not illegal
Norberto Feria vs. CA (2000)
Facts:
Illusorio vs. Bildner (2000)
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Facts: This case is an application for Habeas Corpus to compel the husband to live with the
wife in a conjugal bliss.
Decision: To justify the grant of petition, the restraint of liberty must be an illegal and
involuntary deprivation of freedom of action. The illegal restraint of liberty must be actual
and effective, not merely nominal or moral. Herein, there was no actual effective detention or
deprivation of Illusorio’s liberty that would justify the issuance of the writ
C. Writ of Amparo
Article 3 UDHR
Everyone has a right to life, liberty and security of person
Article III Section 1, 1987 Constitution
No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Rules on the Writ of Amparo
Sec of National Defense vs. Manalo (2008)
Facts: Several CAFCU soldiers beat abducted Manalo. He was detained and while in
detention, he experienced tortures. Writ of Amparo was filed.
Decision: The writ of amparo serves both preventive and curative roles in addressing the
problem of extralegal killings and enforced disappearances. It is preventive in that it breaks
the expectation of impunity in the commission of these offenses; it is curative in that it
facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to
subsequent investigation and action
Roxas vs. GMA GR 189155
Facts: Petitoner was abducted by several heavily armed men. She was confined and tortured
in a detention. She filed writ of Habeas data and writ of Amparo.
Decision: The writ of habeas data was conceptualized as a judicial remedy enforcing the right
to privacy, most especially the right to informational privacy of individuals. The writ operates
to protect a person’s right to control information regarding himself, particularly in the
instances where such information is being collected through unlawful means in order to
achieve unlawful ends.
The writ of amparo is a protective remedy aimed at providing judicial relief consisting of the
appropriate remedial measures and directives that may be crafted by the court, in order to
address specific violations or threats of violation of the constitutional rights to life, liberty or
security. While the principal objective of its proceedings is the initial determination of
whether an enforced disappearance, extralegal killing or threats thereof had transpired—the
writ does not, by so doing, fix liability for such disappearance, killing or threats, whether that
may be criminal, civil or administrative under the applicable substantive law. The remedy
provides rapid judicial relief as it partakes of a summary proceeding that requires only
substantial evidence to make the appropriate reliefs available to the petitioner
Edita Burgos vs. Pres Arroyo 18311-13
Decision: Section 16 of the Rule on the Writ of Amparo provides that any person who
otherwise disobeys or resists a lawful process or order of the court may be punished for
contempt, viz:
SEC. 16. Contempt. – The court, justice or judge may order the respondent who refuses to
make a return, or who makes a false return, or any person who otherwise disobeys or resists a
lawful process or order of the court to be punished for contempt. The contemnor may be
imprisoned or imposed a fine
Cadapan vs. Gen Esperon (2011)
An amparo proceeding is not criminal in nature nor does it ascertain the criminal liability of
individuals or entities involved. Neither does it partake of a civil or administrative
suit.Rather, it is a remedial measure designed to direct specified courses of action to
government agencies to safeguard the constitutional right to life, liberty and security of
aggrieved individuals.
An amparo proceeding] does nor determine guilt nor pinpoint criminal culpability for the
disappearance [threats thereof or extrajudicial killings; it determines responsibility, or at least
accountability, for the enforced disappearance…for purposes of imposing the appropriate
remedies to address the disappearance
Section 2 of the Rule on the Writ of Amparo38provides:
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The petition may be filed by the aggrieved party or by any qualified person or entity in the
following order:
(a) Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth
civil degree of consanguinity or affinity, in default of those mentioned in the preceding
paragraph; or
(c) Any concerned citizen, organization, association or institution,if there is no known
member of the immediate family or relative of the aggrieved party.
Indeed, the parents of Sherlyn and Karen failed to allege that there were no known members
of the immediate family or relatives of Merino. The exclusive and successive order mandated
by the above-quoted provision must be followed. The order of priority is not without
reason—"to prevent the indiscriminate and groundless filing of petitions for amparo which
may even prejudice the right to life, liberty or security of the aggrieved party." The Court
notes that the parents of Sherlyn and Karen also filed the petition for habeas corpus on
Merino’s behalf. No objection was raised therein for, in a habeas corpus proceeding, any
person may apply for the writ on behalf of the aggrieved party.
Sec De Lima vs. Gatdula (2013)
Decision: The remedy of the Writ of Amparo is an equitable and extraordinary remedy to
safeguard the right of the people to life, liberty and security as enshrined in the 1987
Constitution. The Rule on the Writ of Amparo was issued as an exercise of the Supreme
Court's power to promulgate rules concerning the protection and enforcement of
constitutional rights. It aims to address concerns such as, among others, extrajudicial killings
and enforced disappearances.
Due to the delicate and urgent nature of these controversies, the procedure was devised to
afford swift but decisive relief. It is initiated through a petitio to be filed in a Regional Trial
Court, Sandiganbayan, the Court of Appeals, or the Supreme Court. The judge or justice then
makes an "immediate" evaluation of the facts as alleged in the petition and the affidavits
submitted "with the attendant circumstances detailed".After evaluation, the judge has the
option to issue the Writ of Amparo or immediately dismiss the case. Dismissal is proper if
the petition and the supporting affidavits do not show that the petitioner's right to life, liberty
or security is under threat or the acts complained of are not unlawful. On the other hand, the
issuance of the writ itself sets in motion presumptive judicial protection for the petitioner. The
court compels the respondents to appear before a court of law to show whether the grounds
for more permanent protection and interim reliefs are necessary.
The respondents are required to file a Return after the issuance of the writ through the clerk
of court. The Return serves as the responsive pleading to the petition.Unlike an Answer, the
Return has other purposes aside from identifying the issues in the case. Respondents are also
required to detail the actions they had taken to determine the fate or whereabouts of the
aggrieved party.
If the respondents are public officials or employees, they are also required to state the actions
they had taken to: (i) verify the identity of the aggrieved party; (ii) recover and preserve
evidence related to the death or disappearance of the person identified in the petition; (iii)
identify witnesses and obtain statements concerning the death or disappearance; (iv)
determine the cause, manner, location, and time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance; and (vi) bring the
suspected offenders before a competent court. Clearly these matters are important to the judge
so that s/he can calibrate the means and methods that will be required to further the
protections, if any, that will be due to the petitioner.
There will be a summary hearing only after the Return is filed to determine the merits of the
petition and whether interim reliefs are warranted. If the Return is not filed, the hearing will
be done ex parte.After the hearing, the court will render the judgment within ten (10) days
from the time the petition is submitted for decision.
If the allegations are proven with substantial evidence, the court shall grant the privilege of
the writ and such reliefs as may be proper and appropriate. The judgment should contain
measures which the judge views as essential for the continued protection of the petitioner in
the Amparo case. These measures must be detailed enough so that the judge may be able to
verify and monitor the actions taken by the respondents. It is this judgment that could be
subject to appeal to the Supreme Court via Rule 45
E. Writ of Kalikasan
Rules of Procedure for Environmental Cases
A.M. No. 19-6-8-SC
Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person,
entity authorized by law, people’s organization, non-governmental organization, or any public
interest group accredited by or registered with any government agency, on behalf of persons
whose constitutional right to a balanced and healthful ecology is violated, or threatened with
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violation by an unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the name and personal
circumstances are unknown and uncertain, the respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation violated or threatened to be violated, the act or
omission complained of, and the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not commenced any
action or filed any claim involving the same issues in any court, tribunal or quasi-judicial
agency, and no such other action or claim is pending therein; (2) if there is such other pending
action or claim, a complete statement of its present status; (3) if petitioner should learn that
the same or similar action or claim has been filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of
the stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition,
if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the
writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this
Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served upon the respondent by a court
officer or any person deputized by the court, who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally, the rule on substituted service
shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays
or refuses to issue the writ after its allowance or a court officer or deputized person who
unduly delays or refuses to serve the same shall be punished by the court for contempt
without prejudice to other civil, criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days
after service of the writ, the respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to violate, or allow the violation
of any environmental law, rule or regulation or commit any act resulting to environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence, scientific or other
expert studies, and if possible, object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and motions are
prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the
court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a
preliminary conference to simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the petition for hearing.
The hearing including the preliminary conference shall not extend beyond sixty (60) days and
shall be given the same priority as petitions for the writs of habeas corpus, amparo and habeas
data.
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Section 12. Discovery Measures. - A party may file a verified motion for the following
reliefs:
(a) Ocular Inspection; order — The motion must show that an ocular inspection order is
necessary to establish the magnitude of the violation or the threat as to prejudice the life,
health or property of inhabitants in two or more cities or provinces. It shall state in detail the
place or places to be inspected. It shall be supported by affidavits of witnesses having
personal knowledge of the violation or threatened violation of environmental law.
After hearing, the court may order any person in possession or control of a designated land or
other property to permit entry for the purpose of inspecting or photographing the property or
any relevant object or operation thereon.
Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for
decision, the court shall render judgment granting or denying the privilege of the writ of
kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from committing acts or neglecting
the performance of a duty in violation of environmental laws resulting in environmental
destruction or damage;
(b) Directing the respondent public official, government agency, private person or entity to
protect, preserve, rehabilitate or restore the environment;

The order shall specify the person or persons authorized to make the inspection and the date, (c) Directing the respondent public official, government agency, private person or entity to
time, place and manner of making the inspection and may prescribe other conditions to monitor strict compliance with the decision and orders of the court;
protect the constitutional rights of all parties.
(d) Directing the respondent public official, government agency, or private person or entity to
(b) Production or inspection of documents or things; order – The motion must show that a make periodic reports on the execution of the final judgment; and
production order is necessary to establish the magnitude of the violation or the threat as to
(e) Such other reliefs which relate to the right of the people to a balanced and healthful
prejudice the life, health or property of inhabitants in two or more cities or provinces.
ecology or to the protection, preservation, rehabilitation or restoration of the environment,
After hearing, the court may order any person in possession, custody or control of any except the award of damages to individual petitioners.
designated documents, papers, books, accounts, letters, photographs, objects or tangible
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment
things, or objects in digitized or electronic form, which constitute or contain evidence
or denial of motion for reconsideration, any party may appeal to the Supreme Court under
relevant to the petition or the return, to produce and permit their inspection, copying or
Rule 45 of the Rules of Court. The appeal may raise questions of fact.
photographing by or on behalf of the movant.
Section 17. Institution of separate actions. - The filing of a petition for the issuance of the
The production order shall specify the person or persons authorized to make the production
writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative
and the date, time, place and manner of making the inspection or production and may
actions.
prescribe other conditions to protect the constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses or
unduly delays the filing of a return, or who makes a false return, or any person who disobeys
or resists a lawful process or order of the court for indirect contempt under Rule 71 of the
Rules of Court.

Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court
shall issue an order submitting the case for decision. The court may require the filing of
memoranda and if possible, in its electronic form, within a non-extendible period of thirty
(30) days from the date the petition is submitted for decision.