Sources of HR
Promotes specified ends such
1. Theological Approach
a. Doctrine of supreme being
and creation as the primary
source of HR
b. Rights are universal,
inalienable and cannot be
denied by men
2. Natural Law Theory
a. Conduct of men must always
conform to the laws of nature
b. Whatever is disturbing to
social harmony is wrong and
unjust
c. Tolerance and respect
3. Historical Approach
a. HR is the product of common
consciousness of the people
b. Gradual spontaneous and
evolutionary process
4. Functional/Sociological Approach
a. HR exist as a means of social
control
b. HR exists to serve the social
interest of the society
c. Geared towards the general
welfare of the people
5. Positivist theory
a. All rights and authority came
from the state.
b. The only law is what is
commanded by the
government.
6. Marxist Theory
a. Emphasizes the interest of
society over the individual.
b. About economic and social
rights.
7. Equality and Respect
a. Respect to basic liberty
b. Based on equality regardless
of status, background, race,
religion
c. Fair trial and access to courts.
8. Theory Based on Justice
a. First virtue of any social
institution is justice.
b. Based on equity and not
equality
c. Rights secured are not subject
to political bargaining
d. Taxation
9. Based on the Dignity of Man
a. Sharing values of all the
identified policies which
human rights depend on
b. Values, respect, power,
knowledge, health
10. Utilitarian Theory
a.
as common good ie peace and
security
b. Common and private goods
c. Role of government:
redistribution of resources.
Characteristics of HR:
Inherent – these rights are given from the
time a person is born
Universal – given to all regardless of age,
sex, race, creed or religion
Equal – every person shall enjoy the same
particular set of rights
Inalienable – cannot be taken by or given
to any person
Indivisible – cannot be divided
Imprescriptible – does not expire or
prescribe
Interdependent – fulfillment of one
cannot be had without the realization of
the other
These rights spring from being
part of human race
 these rights may exist as natural or
as legal rights, in
both national and international law.
Jus cogens – refers to norms that
command peremptory authority,
superseding conflicting treaties and
custom. Jus cogens norms are considered
peremptory in the sense that they are
mandatory, do not admit derogation, and
can be modified only by general
international norms of equivalent
authority. Means there exist universally
recognized principles of international law
that renders some recognized treaty void,
and therefore, the peremptory effect of
such principles was itself “unanimously
recognized customary rule of
international law”. Ex. Treaty allowing
piracy is void
Erga Omnes - refers to specifically
determined obligations that states have
towards the international community as a
whole. In view of the importance of
human rights, all states can be held to
have legal interest in their protection;
they are obligation erga omnes.
Derive from the outlawing of acts of
aggression, and of genocide and also
principles concerning the basic rights of
the human person.
Q: Who may file: (in order) Granted the
aggrieved party did not file
1. Any member of the immediate
family, namely: the spouse,
children and parents of the
aggrieved party;
2. 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
3. Any concerned citizen,
organization, association or
institution, if there is no known
member of the immediate family
or relative of the aggrieved party.
Q: What is the writ of amparo
The petition for a writ of amparo is a
remedy available to any person whose
right to life, liberty and security is violated
or threatened with violation by an
unlawful act or omission of a public official
or employee, or of a private individual or
entity.
Q: Coverage
The writ shall cover extralegal killings and
enforced disappearances or threats
thereof.
Extralegal killings" are ‘killings committed
without due process of law, i.e., without legal
safeguards or judicial proceedings."
"enforced disappearances" are "attended
by the following characteristics:
(a) that there be an arrest, detention, abduction
or any form of deprivation of liberty;
(b) that it be carried out by, or with the
authorization, support or acquiescence of, the
State or a political organization;
(c) that it be followed by the State or political
organization’s refusal to acknowledge or give
information on the fate or whereabouts of the
person subject of the amparo petition; and
(d) that the intention for such refusal is to
remove the subject person from the protection
of the law for a prolonged period of time. 44
Q: What is command responsibility?
The commander is deemed responsible as
well with the exemption of the president
because of presidential immunity
Q: Requisites:
1. Existence of superior subordinate
relationship between the accused
 as superior and perpetrator of the
crime of his subordinate
2. Superior knew or had reason to
know
3. Superior failed to take actions
Q: Liability vs Accountability and
Responsibility?
Writ is for responsibility and accountability
and not to find who shall be liable.
Q: Interim reliefs
1. Temporary Protection Order.
2. Inspection Order.
3. Production Order
4. Witness Protection Order
Q: Proof need to invoke writ of amparo
Substantial evidence
Q:Amparo determines:
1. Responsibility; extent the actors
have been established by
substantial evidence to have
participated
2. Accountability; measures of
remedies that should be address
to.
Q: Kinds of Amparo
1. Amparolibertad – protection for
personal freedom
2. Amparo Contra Leyes – judicial
review of constitutionality of
statues
3. Amparocasacion – Judicial Review
for judicial decision
4. Amparoadministrativo – For admin
actions
5. Amparoagrario – protection of
peasants rights derived from agra
reform
Q: Grave Abuse Clause:
Provides for the judicial power to
determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the govt.
Under the 1987 Constitution, international
law can become part of the sphere of
domestic law either by transformation or
incorporation.
Transformation - requires that an
international law be transformed into a
domestic law through a constitutional
mechanism such as local legislation.
Incorporation - when, by mere
constitutional declaration, international
law is deemed to have the force of
domestic law.
"Generally accepted principles of
international law" - norms of general or
customary international law which are
binding on all states
International customary rules are
accepted as binding as a result from the
combination of two elements:
(i) the established, widespread, and
consistent practice on the part of States;
and
(ii) a psychological element known as the
opinion juris sive necessitates (opinion as
to law or necessity).
derivative state complicity
- State may be held liable even if it
did not directly commit the act
which constitutes the violation,
provided that it assisted or
directed the commission thereof
- Can be deemed as conspirator,
accomplice or accessory

Imbong v Ochoa
When Life Begins* In this regard, the
ponente, is of the strong view that life
begins at fertilization. In answering the
question of when life begins, focus should
be made on the particular phrase of
Section 12 which reads: Section 12. The
State recognizes the sanctity of family life
and shall protect and strengthen the
family as a basic autonomous social
institution. It shall equally protect the life
of the mother and the life of the unborn
from conception. The natural and primary
right and duty of parents in the rearing of
the youth for civic efficiency and the
development of moral character shall
receive the support of the Government.
Textually, the Constitution affords
protection to the unborn from conception.
This is undisputable because before
conception, there is no unborn to speak
of.
In general, the Court does not find the RH
Law as unconstitutional insofar as it seeks
to provide access to medically-safe, non-
abortifacient, effective, legal, affordable,
and quality reproductive healthcare
services, methods, devices, and supplies
People v Echegaray
The Death penalty is imposed in heinous
crimes because the perpetrators thereof
have committed unforgivably execrable
acts that have so deeply dehumanized a
person or criminal acts with severely
destructive effects on the national efforts
to lift the masses from abject poverty
through organized governmental
strategies based on a disciplines and
honest cititzenry, and because they have
caused irreparable and substantial injury
to both their victim and the society and a
repetition of their acts would pose actual
threat to the safety of individuals and the
survival of government, they must be
permanently prevented from doing so.
11 functions of chr
1. Provide appropriate legal measure
to all persons within PH
2. Adopt operational guidelines and
rules of procedure
3. Investigate violations of human
rights
4. Visitorial powers in jail
5. Establish continuing programs for
the research of human rights
6. Recommend efficient measures to
congress for the promotion of
human rights
7. Monitor government compliance
on human rights
8. Grant immunity on prosecution for
the purpose of finding out the
truth
9. Request assistance from other
agencies of government
10. Appoint its officers
11. Perform other functions provided
by law
Writ of Kalikasan v Writ of Continuing
Mandamus
As to subject matter:
Kalikasan pertains to an unlawful act or
omission where there is envi damage that
prejudices the life, liberty or property of
inhabitants in 2 or more cities or
provinces, while continuing mandamus
pertains to neglect or exclusion; law, rule
or right.
As to petitioner:
Any person or representative/agent while
for continuing mandamus only the
aggrieved party.
As to respondent:
Public or private entity while mandamus
pertains to government officers.
TEPO:

Available to both as an ancillary remedy.
As to venue:
CA and SC but for mandamus RTC, CA and
SC.
As to discovery measures:
Kalikasan is exclusive to ocular inspection
and production of documents while writ of
mandamus is not exclusive.
Damages:
Kalisan: none / separate suit
CM: damages for malicious neglect of
duty.
CHARTER – BASED BODIES
 Derive their establishment from
provisions contained in the
Charter of the UN
 Has broad human rights mandates
 Address an unlimited audience
 Take action based on majority
voting.
The Human Rights council and its
subsidiaries are called “charter-based”
because they were established by
resolutions of the principal organ of the
UN whose authority flows from the UN
Charter.
HR Council is responsible for the
strengthening and promotion of HR
around the globe and addressed HR
violations and situations and making
recommendations on them.
Subsidiaries:
 Universal Periodic Review Group
 HR Council Advisory Committee
TREATY – BASED
 Derive their existence from
provisions contained in specific
legal instrument
 Has narrow mandates: only the set
of issues codified in a legal
instrument
 Limited audience: only those
countries that have ratified the
legal instrument
 Consensus
Treaty bodies are composed of
independent experts and meet to consider
state parties’ reports as well as individual
complaints or communications. They also
publish general comments on human
rights topics they oversee. They also issue
general comments on thematic issues.
Bodies:
 ICCPR
 CEDAW - WOMEN
 CAT - TORTURE
 CRC - CHILD
 CERD – Racial Discrimination
FAMILY COURTS
 State shall protect the rights and
promote the welfare of children.
 Provide system of adjudication for
youth offenders.
 State recognizes the sanctity of
family life and shall protect and
strengthen the family as basic
autonomous social institution.
 There shall be a family court in
every city and province in the
country.
Jurisdiction:
 Criminal cases where one or more
of the accused is below 18 but not
less than 9 or where one or more
of victims is a minor.
 Petitions of guardianship, custody,
Habeas C
 Petition for adoption or revocation
 Those relating to marital status
and property relations of husband
and wife
 Petitions for support
 Petitions for acknowledgment
  Petitions for declaration of status
of children
 Petitions for constitution of the
family home
 Cases against minors cognizable
under the RA 9165
 Domestic violence against child
and women
People v Yadao
Undoubtedly, in vesting in family courts
exclusive original jurisdiction over criminal
cases involving minors, the law but seeks
to protect their welfare and best interests.
For this reason, when the need for such
protection is not compromised, the Court
is able to relax the rule. In several
cases,11 for instance, the Court has held
that the CA enjoys concurrent jurisdiction
with the family courts in hearing petitions
for habeas corpus involving minors.
Here, the two minor victims, for whose
interests the people wanted the murder
cases moved to a family court, are dead.
As respondents aptly point out, there is no
living minor in the murder cases that
require the special attention and
protection of a family court. In fact, no
minor would appear as party in those
cases during trial since the minor victims
are represented by their parents who had
become the real private offended parties.
WRIT OF HC
Writ directed to a person detaining
another, commanding him to produce the
body of the prisoner at a designated time
and place. May or may not be a public
officer.
A prerogative writ that must be decided
upon immediately by the court (48 Hours)
Available when (case):
 Extends to all cases of illegal
confinement or detention:
o in which a person is
deprived of his liberty, or
o in which the rightful
custody of a person is
withheld from the person
entitled to it
Note: There is an ACTUAL VIOLATION of
the right to liberty of and rightful custody
by the aggrieved party.
 May be filed on any day at any
time.
 Payment of docket fees is
required. Ex – indigent
 Quantum of Proof is clear and
convincing evidence.
 No prohibited pleadings.
Q: Who may file: (in order)
1.Any member of the immediate family,
namely: the spouse, children and parents
of the aggrieved party;
2. 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
3. Any concerned citizen, organization,
association or institution, if there is no
known member of the immediate family
or relative of the aggrieved party.
Q: Limitations of Writ of Habeas Corpus:
1. Custody of the spouse
2. Involuntary servitude
3. When the person is restrained
lawful process or order of the
court
When suspended:
Shall not be suspended except in cases of:
1. Invasion or rebellion
2. When the public safety requires it.

WRIT OF AMPARO
Remedy available to any person whose
right to life, liberty and security is violated
or threatened by an unlawful act or
omission of a public official or employee,
or of a private individual or entity. Public
official or employee or a private individual
with authorization or acquiescence from
the state or political organization.
Coverage:
Extralegal killings or enforce
disappearances.
Note: There is an actual or THREATENED
violation of the aggrieved party’s right.
Q: Who may file: (in order) Granted the
aggrieved party did not file
1. Any member of the immediate
family, namely: the spouse,
children and parents of the
aggrieved party;
2. 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
3. Any concerned citizen,
organization, association or
institution, if there is no known
member of the immediate family
or relative of the aggrieved party.
NOTE: Writ of amparo is enforceable
anywhere in the Philippines regardless of
the judge or court who issued it.
May filed on any day at any time.
No docket fees because enforcement of
these sacrosanct rights should not be
violated by lack of finances.
Hearing is summary and shall be given the
same priority as the writ of habeas corpus.
Interim reliefs available:
1. TPO
2. Inspection Order
3. Production Order
4. WPO
Quantum of Proof is Substantial Evidence
NOTEl: If petition cannot proceed for a
valid cause, it shall not be dismissed the
court but shall be archived
Prohibited pleadings same as those in ROC
for Summary Proceedings.
WRIT OF HABEAS DATA
Remedy available to any person whose
right to life, liberty or security is violated
or threatened by an unlawful act or
omission of a public official or employee,
or of a private individual or entity engaged
in the gathering, collecting or storing data
or information regarding the person,
family, home and correspondence of the
aggrieved party.
NOTE: actual or threatened din.
Q: Who May file: [A. M. No. 08-1-16-SC]
1. Any member of the immediate family of
the aggrieved partys, namely: the spouse,
children and parents.
2. 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
NOTE: writ is enforceable anywhere in the
Philippines like writ of amparo.
Docket fees: YES. Except indigent.
Interim reliefs: NONE
QUANTUM: Substantial
have legal interest in their protection; they
are obligation erga omnes.
Derive from the outlawing of acts of
aggression, and of genocide and also
principles concerning the basic rights of
the human person.
Doctrine of Transformation
Constitution (1987), Article VII, Section 21.
No treaty or international agreement shall
be valid and effective unless concurred in
by at least two-thirds of all the Members
of the Senate.

Prohibited Pleadings: same as those under *State Responsibility - considered a

summary proceedings under the rules of
court.
Jus cogens – refers to norms that
command peremptory authority,
superseding conflicting treaties and
custom. Jus cogens norms are considered
peremptory in the sense that they are
mandatory, do not admit derogation, and
can be modified only by general
international norms of equivalent
authority. Means there exist universally
recognized principles of international law
that renders some recognized treaty void,
and therefore, the peremptory effect of
such principles was itself “unanimously
recognized customary rule of international
law”. Ex. Treaty allowing piracy is void
Erga Omnes - refers to specifically
determined obligations that states have
towards the international community as a
whole. In view of the importance of
human rights, all states can be held to
International Customary Law – refers an
cardinal institution of international law.
aspect of international law that pertains to
Originally conceived as a set of
obligations that arise from established
international rules governing States’
state practice and opinion juris rather than
international obligations in their relations
formal agreements such as treaties. Along
with other states, it results from the
with general principles of law and treaties,
general legal personality of every state
international customary law is considered
under international law, and from the fact
to be one of the primary sources of
that States are the principal bearers of
international law.
international obligations.
Doctrine of Incorporation and
11 functions of chr
Transformation.
1. Provide appropriate legal measure
Doctrine of Incorporation
to all persons within PH
Constitution (1987), Article II, Section 2. 2. Adopt operational guidelines and
The Philippines renounces war as an rules of procedure
instrument of national policy, adopts the 3. Investigate violations of human
rights
generally accepted principles of
4. Visitorial powers in jail
international law as part of the law of the
5. Establish continuing programs for
land and adheres to the policy of peace,
the research of human rights
equality, justice, freedom, cooperation,
and amity with all nations.
 6. Recommend efficient measures to
congress for the promotion of
human rights
7. Monitor government compliance
on human rights
8. Grant immunity on prosecution for
the purpose of finding out the
truth
9. Request assistance from other
agencies of government
10. Appoint its officers
11. Perform other functions provided
by law
Social Justice
Involves the concept of fair and just
relations between the individual and the
society. This is measured by the
distribution of wealth, opportunities and
social privileges.
Social justice is "neither communism, nor
despotism, nor atomism, nor anarchy," but
the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational
and objectively secular conception may at
least be approximated. Social justice
means the promotion of the welfare of all
the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
competent elements of society, through
the maintenance of a proper economic
and social equilibrium in the interrelations
of the members of the community,
constitutionally, through the adoption of
measures legally justifiable, or extra-
constitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored
principle of salus populi est suprema lex.
Social justice, therefore, must be founded
on the recognition of the necessity of
interdependence among divers and
diverse units of a society and of the
protection that should be equally and
evenly extended to all groups as a
combined force in our social and economic
life, consistent with the fundamental and
paramount objective of the state of
promoting the health, comfort, and quiet
of all persons, and of bringing about "the
greatest good to the greatest number."
Torture
 Values the dignity of every human
person and guarantees full respect
for human rights.
 Ensure that HR of detainees,
suspects and prisoners are
respected at all times
 Ensure that secret detention
places where torture can occur are
prohibited.
Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him/her or a third
person information or a confession; punishing
him/her for an act he/she or a third person has
committed or is suspected of having committed;
or intimidating or coercing him/her 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 person in
authority or agent of a person in authority. It
does not include pain or Buffering arising only
from, inherent in or incidental to lawful
sanctions.
 Physical torture – sever pain or
disability
 Mental – calculated to confuse or
undermine morale
Cybercrime warrants
 Cyber crime complaints may be
filed directly to the prosecutor’s
office. No need for prior
investigation by the PNP and the
NBI.
(1) Warrant to Disclose Computer Data
(WDCD)
 A WDCD requires any person or
service provider to disclose
subscriber's information, traffic
data, or relevant data in his/her
or its possession or control within
72 hours from receipt of the order.
A request for WDCD may only be
filed if there is a complaint
officially docketed and assigned
for investigation and the
disclosure is necessary and
relevant for the investigation.
Among others, the request for
WDCD must state the relevance
and necessity of the data sought
and describe particularly the
information sought to be
disclosed.
(2) Warrant to Intercept Computer
Data (WICD)
 A WICD authorizes the law
enforcement authorities to listen
to, record, monitor, or conduct
surveillance of the content of
communications, including the
use of electronic eavesdropping or
tapping devices. The request for a
WICD must also state the
relevance and necessity of the
data sought and describe
particularly the information
sought to be disclosed. Also, the
request must state the likely
offense involved.
(3) Warrant to Search, Seize, and
Examine Computer Data (WSSECD)
 A WSSECD is similar to a search
warrant, except the subject
matter of a WSSECD is computer
data. The request for a WSSECD
must also state the relevance and
necessity of the data sought and
describe particularly the
information sought to be seized
and examined. Also, the request
must state the likely offense
involved. In addition, the request
must contain an explanation of
the search and seizure strategy to
be implemented.
 Upon the conduct of the seizure,
law enforcement must file a
return stating the (a) devices that
were subject of the WSSECD and
(b) the hash value of the
computer data and/or the seized
computer device or computer
system containing such data.
 (4) Warrant to Examine Computer
Data (WECD)
A WECD is a warrant issued when a
computer device or system is
previously seized by another lawful
method, such as a warrantless arrest.
Before searching any device seized,
law enforcement must apply for a
WECD. The request for a WECD must
also state the relevance and necessity
of the data sought and describe
particularly the information sought to
be disclosed. Also, the request must
state the likely offense involved.
 Upon the conduct of the seizure,
law enforcement must file a return
stating the (a) devices that were
subject of the WECD and (b) the
hash value of the computer data
and/or the seized computer device
or computer system containing
such data.
KULANG PA!
2 STATUTES
TORTURE
SOURCES OF HR
CYBERCRIME WARRANTS
ONE THEORY