CREGENCIA, GRACIELLA MERILL O.

PIL
2015010196 ATTY. RODEL TATON

INTERNATIONAL HUMAN RIGHTS COMMISSION / INTERNATIONAL HUMAN

RIGHTS LAW

Human Rights are the basic right of every individual no matter what
nationality you belong in to; it is the sole foundation of every person and has the
right to claim it in any instance. Human rights was said to have no precise definition,
but it is said to be the fundamental or foundational, going to the heard of human
personhood and it is said to be applicable to every human being. 1 Another is that
human rights are fundamental freedoms that allow us to develop and use our human
qualities, intelligence, talents and conscience, and to satisfy our spiritual and other
needs; it is inviolable and it is derived from the right of every person to free
development of his personality.2

Hence, the International Human Rights Commission plays a great role in the
proper implementation of human rights law in different spheres of the world. The
International Human Rights Commission was established on November 22, 2012 by
Email Lahoud of Lebanon; this commission is represented by 42 countries with
more than 7,500 members from different parts of the world. 3 The International
Human Rights Commission serves to protect the rights of every individual no matter
where you are in the world as well as to achieve peace in different countries.

HISTORY

In different countries, there has been a clear disregard of the existence of

minorities. Such minorities may include indigenous people, non-nationals, religious
groups, those with less fortune and criminals. With the growing number of issues
arising in different parts of the world, it becomes more than necessary that there be
an institution that if they cannot solve, at least mitigate the problem. This was done
by a group through an agreement on the rules governing society in the form of a
constitutionally embedded and justiciable bill of rights containing the basic human
1 Asia Pacific Forum. (2012). International Human Rights and the International
Human Rights System: A Manual for National Human Rights Institutions. Retrieved
from: http://nhri.ohchr.org/EN/IHRS/Documents/International%20HR%20System
%20Manual.pdf Date retrieved: May 22, 2016
2 Coquia, J.R. (2000). Human Rights: An Introductory Course. Page 3. Central
Professional Books, Inc. : Quezon City
3 International Human Rights Commission. Accessed from:
http://ihrchq.org/faqs/index.php Date Accessed: May 22, 2016
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rights for all; and through this bill of rights, the human rights law is created,
becoming the most integral to the legal system of every nation. 4 This was in
response to the growing struggle of the fact that there was no internationally
accepted human rights law regime.

The international law supported and colluded in many worst human rights
atrocities which included the Atlantic Slave Trade and colonialism, which it was only
until the nineteenth century that the international community adopted a treaty
abolishing slavery.5 As a response, the first international legal standards were
adopted under the auspices of the International Labour Organization in 1919 that
was a part of the treaty of Versailles; it was meant to protect the rights of the
workers in an industrializing world. 6 After the many human rights violations from
the First World War, there were attempts to establish a human rights system under
the League of Nations; but as they were considered as an attempt, they had not been
successful and came to an abrupt when World War II came. 7 If it werent for Hitlers
racially motivated atrocities in the name of socialism, there wouldnt be any progress
to cement international consensus in the form of the United Nations as a bulwark
against war and for the preservation of peace.8

The core system of human rights promotion and protection under the United
Nations has a dual basis: the UN Charter in 1945, and a network of treaties
subsequently adopted by UN members; while the charter-based system applies to all
192 UN Member states, while only those states that have ratified or acceded to
particular treaties are bound to observe that part of the treaty-based system to
which they have explicitly agreed.9 It was observed that the developments in human
rights are not only dependent in every nation but also relies on the help of non-
governmental organizations who have been very influential in advancing awareness
on issues concerning the awareness in human rights. The international human rights
law landscape is completely different from when the Universal Declaration was
adopted, since there were significant changes during the Second World War in
expanding the reach of international human rights law, leading to the proliferation of
human rights law at the international level.10

4 UN Chronicle. (January 2009) International Human Rights Law: A short history.

Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 22, 2016
5 UN Chronicle. (January 2009) International Human Rights Law: A short history.
Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 22, 2016
6 UN Chronicle. (January 2009) International Human Rights Law: A short history.
Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 22, 2016
7 Ibid.
8 Ibid.
9 Ibid.
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 The Geneva Convention of 1949 also plays a role in protecting the people in
all parts of the world, which is considered to be universally applicable. The Geneva
Convention is composed of 159 articles and deals with the status and treatment of
protected persons, with a distinction drawn between the situation of foreigners on
the territory of one of the conflicting parties and that of civilians in occupied
territory; moreover, it details the obligations of the occupying authority with regards
to the civilian population and contains detailed provision on humanitarian relief for
population in occupied territories.11 In the year 1977, governments all over the
world adopted Protocols I and II of the Geneva Convention, which covers the
following: the first protocol covers international conflict, whereas the second deals
with non-international conflicts like civil wars.12

Through the creation of international criminal tribunals, it constitutes a trend

towards the humanization of international law; through this there was juridification
of international human rights law that is exemplified by the establishment of court
as the extension of judicial mandates to include human rights, and the acceptance
that all rights are justiciable.13 With this, there is a constant evolution of
international human rights, through the help of the state and the non-governmental
organizations. They are bound to strengthen the rights of every individual in the
society.

COUNCIL

The International Human Rights Commission is composed of several councils,

namely: The General Assembly, Supreme Council, Council of Founders, and the
Secretariat.

First is the General Assembly, wherein it shall be composed of delegations

that is being represented by member organizations, several non-governmental
organizations and full official members which shall exercise the powers of
deliberation and control.14 They are in charge of promoting developments when it
10 UN Chronicle. (January 2009) International Human Rights Law: A short history.
Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 22, 2016
11 Humanrights.Ch. (2011). Geneva Conventions and Additional Protocols. Accessed
from: http://www.humanrights.ch/en/standards/international-humanitarian-
law/geneva-conventions/ Date accessed: May 22, 2016
12 Humanrights.Ch. (2011). Geneva Conventions and Additional Protocols. Accessed
from: http://www.humanrights.ch/en/standards/international-humanitarian-
law/geneva-conventions/ Date accessed: May 22, 2016
13 UN Chronicle. (January 2009) International Human Rights Law: A short history.
Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 22, 2016
14 International Human Rights Commission. (N.D.) Institutions. Accessed from:
http://www.ihrchq.org/Institutions/index.php Date Accessed: May 28, 2016
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comes to the international sphere as well as they promote international cooperation
within and among nations on matters that include for the field of in the different
areas of human rights development.

The second is the Supreme Council wherein it is composed of members of

different states who heads in the development of human rights. The present World
Chairman of the International Human Rights Commission is Dr. Muhammad Shahid
Amin Khan. He is considered to be the first Muslim and Asian to be elected in the
history of the IHRC ; he has a term of ten years that started on February 26, 1996 but
was extended by the General Assembly for his second term on March 21, 2006. 15 In
this institution, there are several heads per region in the world, but Dr. Amin Khan
spearheads the whole of the institution.

The third is the Council of Founders wherein the permanent life member is
once Dr. Muhammad Shahid Amin Khan. The founding organizations are as follows:
World Service Authority of the United States of America, Jaiza Welfare Trust
International (Pakistan), International Association of Official Human Rights
Agencies (USA), International Law Association (UK), International Bar Association
(UK), Nonviolent Peace Force (Belgium), International Peace Research Association
(Japan).16 While the fourth is the Secretariat which is composed of different
branches that composes the whole of the International Human Rights Commission;
they are one with the Chairman in developing human rights law that is for the
betterment of the international law.

VISION

As provided for in the website of the International Human Rights

Commission, this is their vision:

International Human Rights Commission is dedicated to protecting the

human rights of people around the world and promoting the cultural of peace
among the nations. We stand with the victims and activists to prevent
discrimination, to uphold political freedom, to protect people from inhuman
conduct in wartime, and to bring offenders to justice. We investigate and
expose human rights violations and hold abusers accountable. We challenge
governments and those who hold power to end abusive practices and respect
international human rights law. We enlist the public and the international
community to support the cause of human rights for all. 17
15 International Human Rights Commission. (N.D.) Chairman. Accessed from:
http://www.ihrchq.org/chairman/index.php Date accessed: May 28, 2016
16 International Human Rights Commission. (N.D.) Institutions. Accessed from:
http://www.ihrchq.org/Institutions/council-of-founder.php Date accessed: May 28,
2016
17 International Human Rights Commission. Accessed from:
http://ihrchq.org/faqs/index.php Date Accessed: May 22, 2016
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MISSION

As provided for in the website of the International Human Rights

Commission, this is their mission:

To facilitate in the creation of cooperative networks and economic

development programs enlisting and involving financial institutions,
traditional and alternative energy producers, private enterprises, diplomatic
representations, universities, governmental bodies and other concerned
parties; promote human rights peace, gender equality, health, equality,
economic development and educational access, awareness regarding the
rights of women, children and youth in developing nation and where ever
needed broaden the understanding of sustainable economic development
and promote the implementation and dissemination of norms, rules and
guidelines that apply to this field.18

OBJECTIVES

As provided for in the website of the International Human Rights

Commission, these are their objectives:

1. The service of humanity without case, color and creed.

2. The struggle against violation of the human rights, bloodshed and terrorism.
3. To provide its services for the noble cause of maintaining peace and disputes
between the nations, groups individuals and organizations.
4. To set up seminars and conferences on international issues of human rights,
peace, democracy, education, health, child labor, women rights, against
terrorism and narcotics or drugs trafficking.
5. To reward those who are working for the mankind in their various field of
life.
6. To provide awareness and educate the nations, governments, leaders,
legislators, diplomats and human rights activists by its campaigns, seminars,
conference, news bulletins, reports and through media. International human
rights commission issues its annual report every year, where it highlights
human rights violations and victimization of groups and individuals, and
other matters concerning democracy, politics, extra-judicial killings, honour-
killings, child labour and terrorism across the world.
7. To uphold the United Nations principles and Universal Declaration of Human
Rights passed on 10th December 1948, Islamic Declaration of Human Rights
and the European Protocol and Conventions on Human Rights.
8. To further develop cooperation in the field of Human Rights and World Peace
within the member organizations.
18 Ibid.

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 9. To provide legal and moral support from commission to the victims of human
rights violation all over the world.
10. To undertake all other efforts that are likely to promote the aims and
objectives of the commission

Framework

In order to provide, execute and implement the law on human rights,

different states were able to establish mechanisms that would be the foundation of a
better international human rights. There are two components that was made to be
the pillars of human rights, these are as follows: the Regional Components and the
International or Universal Components. Regional components are those established
by regional intergovernmental organizations like the Organization of the United
States of America. 19 Another example in Europe which was also able to promote
human rights right after the outbreak of World War II is the Council of Europe. They
were able to avoid the further outbreak of totalitarianism during those times with
the help of the Council of Europe.

The second type of component is the International or Universal Component

wherein it was established by the United Nations with actual or potential authority
to review all the 193 United Nations member states human rights practices. 20 This
was considered as a problem when it comes to implementing the human rights law;
it was due to the fact that the foundation in the regional level is not considered to be
strong enough to endure the struggle. An example of the development toward
human rights protection started with the Association of Southeast Asian Nation, by
bringing together the countries of Malaysia, Singapore, Indonesia, Philippines and
Thailand; through the ASEAN charter in 1967 it envisages the establishment of an
ASEAN human rights body which is still considered to be a work in progress. 21

RESOLUTIONS

During the 9/11 attack in the United States of America, the International
Human Rights Commission came up with a resolution entitled Resolution 9/11.
Right to the Truth. In this resolution, they are trying to preserve archives and other
evidences concerning the violations of human rights and the violation of
international humanitarian law to facilitate knowledge of such violations as well as

19 International Justice Resource Center. (n.d.) Overview of the Human Rights

Framework. Accessed from: http://www.ijrcenter.org/ihr-reading-room/overview-
of-the-human-rights-framework/ Date accessed: May 26, 2015
20 Ibid.
21 UN Chronicle. (January 2009) International Human Rights Law: A short history.
Accessed from: http://unchronicle.un.org/article/international-human-rights-law-
short-history/ Date accessed: May 26, 2016
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to investigate allegations and provide the victims an access to an effective remedy in
accordance with what is set forth in the international law. 22

A second resolution set forth was what was taking place in Sudan. They are
calling on states who are members of the United Nations to take part in protecting
human rights especially in the given case. Through this resolution, the Commission
is expressing its deep concern at the overall situation of human rights in Sudan,
which includes arbitrary arrests and detention, exacerbated restrictions on freedom
of expression, association, assembly and movement across the country as well as the
lack of justice and accountability for serious crimes. 23 Moreover, it calls for the Sudan
Government to accelerate the implementation of comprehensive Peace agreements
as well as to continue and intensify its efforts for the promotion and protection of
human rights by taking all the necessary steps to improve the human rights
situation within their country.24 The United Nations wants the government of Sudan
to make a swift action in the given case since there was number of human rights
violations that is not given the right attention. The civilians were not given the
proper protection. Hence, the government should take a step towards protecting its
citizens from such crimes.

A third resolution that was promulgated by the Commission gives importance

to different aspects whether be it in terms of economic, civil, political, social and
cultural rights should be taken into account in order to promote and better
implement the law. In this resolution they it underlines the importance and urgency
of national and international efforts in order to restore justice and the rule of law in
conflict and post-conflict situations and in the context of transitional processes;
moreover, it recognizes the different roles played in the better realization of
transitional justice goals and in the reconstruction of society as well as in the
promotion of the rule of law and accountability in different ways. 25

A fourth resolution that was promulgated by the International Human Rights

Commission is entitled the Innovative Materials and Technologies for the
Restoration of Infrastructure of Donbass. Under this resolution, the Commission
22 Human Rights Commission. Resolution 9/11. Right to the Truth. A/HRC*9/L.12
Retrieved from:
http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_9_11.pdf Date
retrieved: May 26, 2016
23 Human Rights Commission. Resolution 9/17. Situation of Human Rights in the
Sudan. A/HRC/9/13. Retrieved from:
http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_9_17.pdf Date
retrieved: May 26, 2016
24 Ibid.
25 Human Rights Commission. Resolution 9/10. Human rights and transitional
justice. A/HRC/9/10. Retrieved from:
http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_9_10.pdf Date
Retrieved: May 27,2016
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plans to develop a methodology for interactions between investors and consumers
to restore the Dontesk Basin, second is to identify the problems and develop
methods for the most efficient solutions to their territory under the control of
Ukraine; and lastly is to develop optimal solutions for the implementation of
innovative technologies and materials for the restoration of infrastructure in the
said region.26
A fifth resolution in line with the law on human rights is the Basic Principles
for the Treatment of Prisoners. This resolution was adopted on December 14, 1990
by the General Assembly of the Commission on Human rights. Under this resolution,
they specifically stated that there shall be no discrimination on the grounds of race,
colour, sex, language, religion, political or other opinion, national or social origin,
property birth or other status. 27 They have further elaborated that in this resolution,
the responsibility of prisons for the custody of prisoners and for the protection of
society against crime shall be in keeping with a States social objectives and in
promoting the well-being for all the members of the society. 28 The United Nations
wants to strengthen and help in shaping the interests and conditions being faced by
prisoners despite their condition.

A sixth resolution by the Commission on Human Rights is the Declaration on

the Protection of all persons from being subjected to Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment. Under this resolution, it was
provided that any act of cruel, inhuman or degrading treatment or punishment is an
offense to human dignity which shall be condemned; and that states shall not permit
any of this treatment, the exceptional circumstances such as a state of war, threat of
war, internal political instability or any other public emergency may not be invoked
as ones justification.29

A seventh resolution that was set forth by the United Nations Human Rights
is the Universal Declaration on the Eradication of hunger and malnutrition. This
declaration seeks to solve food crisis in different countries that acutely jeopardizes
26 International Human Rights Commission. (2015). Innovative materials and
technologies for the rehabilitation for the infrastructure of Donbass. Accessed from:
http://www.sg-ihrc.org/here_the_resolution_of_the_conference.html Date accessed:
May 27, 2016
27 United Nations Human Rights. General Assembly Resolution 45/111 of December
14, 1990. Basic Principles for the Treatment of Prisoners. Accessed from:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOf
Prisoners.aspx Date accessed: May 27, 2016
28 Ibid.
29 United Nations Human Rights. General Assembly Resolution 3452 (XXX) of
December 9, 1975. Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. Accessed from:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/DeclarationTorture.aspx
Date Accessed: May 27, 2016
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the fundamental principles and values associated with the right to life and human
dignity as enshrined in the Universal Declaration of Human Rights. 30 The
commission is to develop ways by which they would resolve the food problem
through the help of member states. For a lasting solution of the said food problem
within and among states, all efforts should be made in order to eliminate the existing
gaps which separates developed and developing country and in order to bring
international economic order; they should participate in the economic relations for
the establishment of suitable system in order to establish just and equitable
relations in international economic cooperation. 31 This is considered to be the most
important of the declarations set forth by the United Nations in order to solve the
food problem arising in different countries. This calls on not only on the effort of the
government, but also that of non-governmental organizations as well as individuals
that will bring about the end to hunger.

RELATED CASES

I. SECRETARY OF NATIONAL DEFENSE VS. MANALO G.R. NO. 180906, OCTOBER 7,

2008

FACTS: Raymond and Reynaldo Manalo who are farmers from Bulacan were
suspected by the government as members of the New Peoples army. As such, they
were forcibly taken from their home and tortured by the military units. These
military units were spearheaded by Generak Jovito Palparan and that they were
being held in place for their brother, who is then suspected of being a leader of
communist insurgents. It was not only the Manalo brothers who were held captive,
but also other suspected communist insurgents and members of the New Peoples
Army. It was only after eighteen months of torture and restrain in liberty as well as
other dehumanizing acts, that the Manalo brothers were able to escape and file a
Writ of Amparo.

Issue: Whether or not the right to freedom from fear is or can be protected by
existing laws.

HELD: Yes. It is provided for under Article III, Section 2 of the Constitution which
states that: The right of the people to be secure in their persons, houses, papers,
30 United Nations Human Rights. General Assembly Resolution 3348 (XXIX) of
December 17, 1974. Universal declaration on the eradication of Hunger and
malnutrition. Accessed from:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/EradicationOfHungerAndMa
lnutrition.aspx Date accessed: May 28, 2016
31 United Nations Human Rights. General Assembly Resolution 3348 (XXIX) of
December 17, 1974. Universal declaration on the eradication of Hunger and
malnutrition. Accessed from:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/EradicationOfHungerAndMa
lnutrition.aspx Date accessed: May 28, 2016
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and effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no such warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized. Therefore, the right to security of person is freedom from hear,
and is considered as a guarantee of bodily and psychological integrity and security.
The writ of Amparo in this case is granted by the bill of rights to the people; it is
often perpetrated by the armed forces against farmers who are thought to be
communist insurgents. This writ serves to protect killings and enforced
disappearances and threats which give the powerless a better standing to pursue
their rights.

II. LA GRAND CASE: GERMANY V. USA (2001) I.C.J. 2001 I.C.J. 466.

FACTS: According to the Vienna Convention on Consular Relations, a state in order to

convict an alien in a death sentence must be able to inform the said alien of his
rights in order to have his consular authorities to be informed of his arrest. The suit
was brought about by the countries, Paraguay, Germany and Mexico because the law
enforcement agency of the United States of America failed to advice the said alien
upon his arrest. Since this was considered to be a violation of the Vienna Convention,
state courts was then asked to review and reconsider such penalty of death
sentence, given the lack of access of consul was prejudiced to the alien.

ISSUE: Whether or not a state breaches its obligations to another state under the
Vienna Convention on Consular Relations on the ground of their failure to inform the
alien of his right to consular notification.

HELD: Yes. When a state commits a breach in its obligations to another through their
failure to inform an alien of the right to consular notification as well as to provide
them with judicial review of his sentence, definitely violates individual rights as
provided for under the Vienna Convention on Consular Relations. The right under
the Convention is considered to be an individual right and inherent in every national
of a state that is considered to be a party of the convention.

III. ICHONG V. HERNANDEZ GR NO. L-7995, MAY 31, 1957

FACTS: RA 1180 otherwise known as An Act to Regulate the Retail Business, was
promulgated in order to prevent aliens or foreign nationals from taking control over
the Filipinos economic sphere. This was considered to be a prohibition not only
against foreign national but also partnerships and corporations and the like which
are not considered to be run and owned by the Filipinos. But on the day of May 15,
1954 those foreign nationals who are currently running their business in the
Philippines may still continue to do so, unless their licenses are considered to be
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forfeited or until their voluntary retirement or death; while juridical persons are
given ten years until the expiration of the term. The citizens and juridical entities of
the United States of America were exempted from the said act. Lao Ichong, who
represents himself and other foreign nationals, partnerships and corporations are
affected by the act, and filed for a case to declare the act as unconstitutional, based
on the following grounds: it denies the alien equal protection of laws and deprives
them of their liberty and property without the due process of law, second is that the
subject of the act is not expressed in the title. Third is that the act violates the
international treaty obligations.

ISSUE: Whether or not RA 1180 deprives foreign national of the equal protection of
the laws on the ground that they are prohibited from conducting business in the
Philippines.

HELD: NO. Through RA 1180, it is considered to be a valid exercise of the states

police power. They are not also denied the equal protection of laws in this case since
it merely requires that all persons be treated alike. The classification made under
the act is reasonable and covers all aliens in the proper implementation of the law.
Since the law is enacted in order to minimize the control of an alien in the retail
trade, and that is exactly what the legislature intends to do. A foreign national cannot
in any way gain monopolistic control on the nations economy since it will endanger
the Philippines; national security. Through the enactment of this act, it is an
expression of the desire of the people to free the nation from the situation it is
currently in.

IV. NIKKO HOTEL MANILA GARDEN V. REYES GR NO 154259 FEBRUARY 28, 2005

FACTS: On October 13, 1994, Mr. Tsuruoka was celebrating his birthday party.
Petitioner Ruby Lim was the Hotels Executive Secretary and was tasked to organize
the said birthday. She had a guest list in which the respondent, Roberto Reyes was
not included therein. At the party, she saw Reyes as the bar counter ordering a drink.
Being mindful of Mr. Tsuruokas wishes to keep the party intimate, she asked Filarts
sister for Reyes to leave, but he still stayed. Reyes started screaming and making a
scene and even threatened to throw food at her. Reyes filed a complaint for damages
brought under the human relations provision under the civil code. The RTC
dismissed his complaint stating that the damages are pecuniary consequences for a
breach of duty or violation of a right. Reyes was the one at fault in this case for he
knew that it was not Filarts party even though she invited him. The CA reversed the
ruling of the trial court stating that Lims action of putting Reyes in an embarrassing
situation by ordering him to leave in a loud voice in the presence of guests is
contrary to morals, and imposed upon petitioners and Dr. Filart fines of exemplary
and moral damages.
ISSUE: Whether or not Lim acted abusively in asking Reyes to leave the partywhen
he was not invited by the celebrant, thus becoming liable under Article 19 and 21 of
the Civil Code of the Philippines.
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Held: Both Articles 19 and 21 have one common element and that is the intent to
injure. There was no proof of ill-motive on Lims part. Mr. Reyes has not shown that
Lim was driven by animosity against him. The manner by which Lim asked Reyes to
leave was acceptable and humane. The court finds Lims version as more credible.

V. SPS. QUISUMBING V. MERALCO GR NO 142943 APRIL 3, 2002

FACTS: Spouses Antonio and Lana Quisumbing, are the owners of a house and lot
located at Quezon City. On March 3, 1995 defendant-appellants inspectors headed
by Emmanuel Orlina were assigned to conduct a routine on the spot inspection of all
single phase at the house owned by the spouses. Later, the inspectors found out that
there were few illegal markings on the meter which made the defendant temporarily
disconnect electrical services that will only be restored unless the couple will pay a
certain amount. However, the electric service was reconnected as instructed by the
defendants officer. Plaintiff filed a complaint for damages despite the immediate
reconnection. The RTC held that respondent MERALCO has acted summarily and
without procedural due process in immediately disconnecting the petitioners
electric service. The CA overturned the trial courts ruling and dismissed the
complaint stating that the respondents representatives had acted in good faith
when they disconnected petitioners service.

ISSUE: Whether or not MERALCO acted maliciously and malevolently without due
process, lack of regard for Quisumbings rights and therefore held them accountable
and plaintiff to be entitled to damages.

HELD: Respondent had no legal right to immediately disconnect petitioners

electrical supply without observing the requisites of law which are akin to due
process. Any act on their part that militates against the ordinary norms of justice
and fair play is considered an infraction that gives rise to an action for damages. The
Supreme Court recognized the effort of MERALCO in preventing illegal use of
electricity. However, any action must be done in strict observance of the rights of the
people.

VI. GASHEM SHOOKAT BAKSH V. COURT OF APPEALS GR NO 97336 FEBRUARY 19,

1993

FACTS: Private respondent Marilou Gonzales, single and a good looking Filipino lass
and of a good moral character filed a complaint for damages against Gashem
Shookat Baksh, and Iranian citizen taking a medical course in the Philippines.
Petitioner courted and proposed to marry the respondent who then accepted his
love on the condition that at the end of the semester, they would get married.
However, petitioners attitude towards her started to change; he maltreated and
threatened to kill her. The petitioner asked her not to live with him anymore and
that he is already married to someone. The trial court favoured the private
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respondent stating that petitioner, through machinations, deceit and false pretenses,
promised to marry the private respondent in which she allowed herself to deflower
by him. The trial court also held that such acts of the petitioner, who was a foreigner
and who abused Philippine hospitality, have offended our sense of morality, good
customs, culture and traditions. The CA affirmed the trial courts ruling and made
him liable in violation of Article 21 of the Civil Code.

ISSUE: Whether or not the breach of promise to marry is actionable in the said case.

HELD: The court holds that where a mans promise to marry is in fact the proximate
cause of acceptance of his love by a woman and his representation to fulfill that
promise thereafter becomes the proximate cause of giving herself unto him in a
sexual congress, proof that he had, in reality, no intention of marrying her and that
the promise was only a subtle scheme or deceptive device to entice her to accept
him and to obtain her consent to the sexual act could justify the award for damages
pursuant to Article 21 of the Civil Code because of the presence of fraud and deceit.

VII. GLOBE MACKAY CABLE AND RADIO CORP. V. CA GR NO 81262 AUGUST 25, 1989

FACTS: Private respondent Restituto Toblas was employed by petitioner Globe

Mackay. In 1972, respondent discovered fraudulent anomalies and transactions in
said corporation. Private respondent reported these to his superiors including the
petitioner Henry. However, he was confronted by Henry stating that Toblas was the
culprit. Thus, he was ordered to take a one week force leave. The petitioner sent a
letter causing Toblas to be unemployed.

ISSUE: Whether or not petitioner Globe Mackay is liable for damages sustained by
Toblas.

HELD: Petitioner invoked the right damnun absque injuria or the damage or loss
which does not constitute a violation of legal right or amount to a legal wrong is not
actionable. The Supreme Court stated that this principle is not applicable in this
case. It bears repeating that even granting that petitioners might have had theright
to dismiss Toblas from work, the abusive manner in which that right was exercised
amounted to a legal wrong for which petitioners must be held liable. The court
awarded respondent Toblas with actual damages.

VIII. UNIVERSITY OF THE EAST V. SADER GR NO 132344 FEBRUARY 17, 2000

FACTS: Romeo Sader graduated from the University of the East College of Law. He
failed to take the regular final examination in Practical Court 1 during his first
semester in his last year. Thus, he was given an incomplete grade remark. He
attended the commencement exercise of UE College of Law. He had his pre-bar class
review in FEU. Upon learning of such deficiency in his requirements, he dropped his

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review class and was not able to take the bar exam. Sade sued UE for damages
resulting to his moral shock and mental anguish for UEs negligence.

ISSUE: Whether or not UE is liable for moral damages sustained by Sader.

HELD: The Supreme Court held that petitioner was guilty of negligence making the
respondent awarded with moral damages. Educational institutions are duty-bound
to inform the students of their academic status and not wait for the latter to inquire
from the former. However, respondent should not have been awarded moral
damages though Sader suffered shock, trauma and pain when he was not informed
that he could not graduate and will not be allowed to take the bar examination. As
what the appellate court held because it is also respondents duty to verify for
himself whether he has completed all the necessary requirements to be eligible for
the bar examinations. As a senior law student, he should have been responsible in
ensuring that all his affairs specifically those in relation with his academic
achievement are in order. Thus the award for moral damages is denied to the
respondent.

IX. ST. LOUIS REALTY CORPORATION V. CA GR NO L-46061 NOVEMBER 14, 1984

FACTS: Dr. Conrado Aramil seeks to recover damage for a wrongful advertisement
where St. Louis Realty Corp. misrepresented his house with Mr. Arcadio. In the
advertisement published by St. Louis, the house featured was Dr. Aramils house and
not Mr. Arcadio with whom the company asked permission and the intended house
was published. There was a no apology published despite Dr. Aramils letter to St.
Louis demanding an explanation. With this, Dr. Aramil filed a complaint to demand
actual, moral and exemplary damages.

ISSUE: Whether or not St. Louis is liable for moral damages sustained by Dr. Aramil.

HELD: The Supreme Court held that St. Louis was grossly negligent in making up
residences in a widely circulated publication. Furthermore, it never made any
written apology and explanation of the mix-up. St. Louis committed an actionable
quasi-delict under Articles 21 and 26 of the Civil Code because the questioned
advertisements pictured a beautiful house which did not belong to Arcadio but to Dr.
Aramil who was annoyed by the contretemps. Article 2219 of the Civil code allows
moral damages for acts and actions mentioned in Article 26. Either way, his private
life was mistakenly and unnecessarily exposed. He suffered dimunition of income
and mental anguish.

X. S AND MICHAEL MARPER V. UNITED KINGDOM (APPLICATION NOS. 30562/04 &

30566/04) DECEMBER 4, 2008

FACTS: On January 19, 2001, S who is 11 years old was arrested and charged with
attempted robbery. While Mr. Marper was arrested on March 13, 2001, he was
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charged for harassing his partner but was then released because he and his partner
has reconciled. Both of their fingerprints and DNA were taken for the record. When
they were cleared for their charges, they have both requested that their fingerprints
and DNA samples be destroyed, through which their request have been denied
because of the UK law which states that the police can permanently keep the details
of persons after their arrest. They filed the case to the European Court, stating that
keeping their fingerprints and DNA was considered to be a breach of their privacy.

ISSUE: Whether or not the keeping of the fingerprints and DNA is considered to be a
breach of their privacy.

HELD: Yes. There had been a violation of ones right to respect for private and family
life of the European Convention on Human Rights. The court has stated that the DNA
contained information which is considered to be sensitive with regards to their
health. Moreover, the said DNA samples contain a genetic code that not only
concerns him, but the rest of their relatives. As we know, the DNA contains personal
information and was considered to be an interference with ones right to respect for
the private lives of the individuals concerned. Because of the importance of the DNA
samples, it was considered to be more important and can make an impact on ones
private life than that of the retention of the fingerprints.

XI. VO V. FRANCE (APPLICATION NO. 53924/00) 40 EHRR 12

FACTS: Mrs. Thi-Nho Vo born on1967 lives in France. On the day of November 27,
1991 she went to the Lyons General Hospital for a medical examination since she
was six months pregnant. And on the said same day and hospital, Thi Than Van Vo
was scheduled to have a coil operation. Since they both have the same name and
happens to both female, the doctor who examined Thi-No Vo made a therapeutic
abortion when he pierced her amniotic sac. Hence, her husband filed a criminal
complaint and the doctor was charged with unintentional homicide, but was
acquitted in 1996. On 1997 Mrs. Thi-Nho Vo appealed and the doctor was then again
convicted of unintentional homicide and a six months suspension as well as a fine of
10,000 French francs. Then on 1999 the Court of Cassation reversed the decision on
the ground that the facts did not constitute a ground for involuntary homicide since
the fetus is not considered a human being hence not provided for protection by the
criminal law of the country.

ISSUE: Whether or not doctor is criminally liable for unintentional homicide on the
ground that the fetus is not considered by the court as a human being.

HELD: The case at hand was not yet decided by the court of France since it has not
been approved of by the majority of the states. There was no definition as to when
the life of a person legally begins. But based on the French courts, it has a legal
standing since the fetus is considered to be already protected by the French society.
It was provided for by the court, that the petitioner could have instead filed an
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action for damages in the administrative courts than file for criminal charges
wherein she could have had a chance of winning. Through this measure, the
petitioner can then prove the negligence done by the doctor and to be able to obtain
full redress for the damages incurred.

XII. DIRECTOR OF PUBLIC PROSECUTION V. JONES (MARAGARET) (1999) 2 AC 240

(1998) 563 (1)

FACTS: Jones along with number of people was gathered and was a part of a peaceful
assembly. The Salisbury District Council made an order of all trespassory assemblies
that they were prohibited for four days and is covering an area of four miles radius.
Since the order was granted, the police had every power to remove and prevent any
sort of trespassing that took place. Thereafter, Jones along with other people was on
the verge of the said perimeter fence, hence they were arrested for violating the
order.

ISSUE: Whether or not the activities are reasonable and they do not involve public
nuisance and causing obstruction to the road.

HELD: There is a right of peace assembly in the said case. The highway is considered
as a public place to which the public may push through with their activity provided
that it is for a reasonable purpose and does not constitute nuisance nor may it
impede the right of other people to use the highway.

XIII. PASTOR TENCHAVEZ V. VICENTA ESCANO GR NO L-19671 NOVEMBER 29,

1965

FACTS: Vicenta Escano got married with Pastor Tecnhavez, without the former
parents knowledge. Eventually, their relationship went sour. Escano went to the
United States where she acquired a decree of Absolute divorce. There, she became
an American citizen by marrying an American. In 1955, Tenchavez initiated a legal
separation case alleging that Escanos parents dissuaded their daughter to go abroad
causing her to be estranged from him entitling him for damages. The lower court did
not grant the legal separation case and awarded the amount worth of counter-claim
by the Escanos.

ISSUE: Whether or not damages should be awarded to either of the party.

HELD: Tenchavez failed to prove that Escanos parents dissuaded their daughter to
leave Tenchavez and thus the one million peso claim cannot be awarded. However,
due to the fact that Escano left Tenchavez and acquired a divorce decree making
Tenchavez unable to remarry, the Supreme Court awarded him moral damages,
costing to twenty five thousand pesos. The court also opined that the forty five
thousand pesos damages awarded to the defendant as excessive. What is important

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is that the defendants were not guilty of any improper conduct in the whole
deplorable affair.

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