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;
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c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve Section 7 - The rights of ownership and possession of ICCs/IPs t
and develop their cultures, traditions and institutions. It shall consider these rights in
their ancestral domains shall be recognized and protected. Such
the formulation of national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall rights shall include:
equally enjoy the full measure of human rights and freedoms without distinctions or
a. Rights of Ownership.- The right to claim ownership over lands, bodies of water
discriminations;
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to
and fishing grounds, and all improvements made by them at any time within the
protect their rights and guarantee respect for their cultural integrity, and to ensure
domains;
that members of the ICCs/IPs benefit on an equal footing from the rights and
b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof,
opportunities which national laws and regulations grant to other members of the
right to develop, control and use lands and territories traditionally occupied, owned,
population and f) The State recognizes its obligations to respond to the strong
or used; to manage and conserve natural resources within the territories and uphold
expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
the responsibilities for future generations; to benefit and share the profits from
participation in the direction of education, health, as well as other services of
allocation and utilization of the natural resources found therein; the right to negotiate
ICCs/IPs, in order to render such services more responsive to the needs and desires
the terms and conditions for the exploration of natural resources in the areas for the
of these communities.
purpose of ensuring ecological, environmental protection and the conservation
Towards these ends, the State shall institute and establish the necessary mechanisms measures, pursuant to national and customary laws; the right to an informed and
to enforce and guarantee the realization of these rights, taking into consideration their intelligent participation in the formulation and implementation of any project,
customs, traditions, values, beliefs, their rights to their ancestral domains. 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
Section 3(h) the project; and the right to effective measures by the government to prevent any
interfere with, alienation and encroachment upon these rights;
h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people c. Right to Stay in the Territories- The right to stay in the territory and not be
or homogenous societies identified by self-ascription and ascription by other, who removed therefrom. No ICCs/IPs will be relocated without their free and prior
have continuously lived as organized community on communally bounded and informed consent, nor through any means other than eminent domain. Where
defined territory, and who have, under claims of ownership since time immemorial, relocation is considered necessary as an exceptional measure, such relocation shall
occupied, possessed customs, tradition and other distinctive cultural traits, or who take place only with the free and prior informed consent of the ICCs/IPs concerned
have, through resistance to political, social and cultural inroads of colonization, non- and whenever possible, they shall be guaranteed the right to return to their ancestral
indigenous religions and culture, became historically differentiated from the majority domains, as soon as the grounds for relocation cease to exist. When such return is not
of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous possible, as determined by agreement or through appropriate procedures, ICCs/IPs
on account of their descent from the populations which inhabited the country, at the shall be provided in all possible cases with lands of quality and legal status at least
time of conquest or colonization, or at the time of inroads of non-indigenous equal to that of the land previously occupied by them, suitable to provide for their
religions and cultures, or the establishment of present state boundaries, who retain present needs and future development. Persons thus relocated shall likewise be fully
some or all of their own social, economic, cultural and political institutions, but who compensated for any resulting loss or injury;
may have been displaced from their traditional domains or who may have resettled d. Right in Case of Displacement. - In case displacement occurs as a result of natural
outside their ancestral domains; catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
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
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
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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. 3. States should take appropriate measures so that, wherever possible, persons
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.
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, traditions and customs, except where specific practices are in
violation of national law and contrary to international standards.
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.
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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 Article 1
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 exercise by women, irrespective of their marital status, on a basis of equality of men
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 Declaration, within their respective fields of competence.
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
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
and women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
Article 2
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;
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(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.
Convention on Political Rights of Women (1953)
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ARTICLE I Women shall be entitled to vote in all elections on equal terms with men, actions hereby authorized shall proceed independently of each other. (As amended by
without any discrimination. Republic Act No. 6725, May 12, 1989)
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
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;
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(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
(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 buying, offering, selling or trading him/her to engage in prostitution, pornography,
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
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,
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;

Section 3. Definition of Terms. - As used in this Act: (e) To maintain or hire a person to engage in prostitution or pornography;

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or (f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
harboring, or receipt of persons with or without the victim's consent or knowledge, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
within or across national borders by means of threat or use of force, or other forms of bondage;
coercion, abduction, fraud, deception, abuse of power or of position, taking
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(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;
(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
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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);
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (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); (d) Medical or psychological services;
Section 11. Use of Trafficked Persons. - Any person who buys or engages the
services of trafficked persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the
court and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in
ten (10) 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.
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be
interrupted by the filing of 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 any reason not imputable to the accused.
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 filing fees.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,
rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and
the procedure for filing complaints, claiming compensation and such other legal
remedies available to them, in a language understood by the trafficked person;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
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 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category
"Overseas 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) 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 of their immigration status in the host country.
(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 provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with
DOLE and other appropriate agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of whether they are documented or
undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to
greater risks, 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.
RA 9262 Anti-Violence Against Women and their Children Act
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
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 common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or 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 acts:
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;
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
2. Deprivation or threat of deprivation of financial resources and the right to the use SECTION 4. Construction.- This Act shall be liberally construed to promote the
and enjoyment of the conjugal, community or property owned in common; protection and safety of victims of violence against women and their children.

3. Destroying household property; 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
4. Controlling the victims' own money or properties or solely controlling the conjugal acts:
money or properties.
(a) Causing physical harm to the woman or her child;
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child (b) Threatening to cause the woman or her child physical harm;
resulting to the physical and psychological or emotional distress. (c) Attempting to cause the woman or her child physical harm;
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of (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
psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse. 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
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and restricting the woman's or her child's freedom of movement or conduct by force or
without lawful justification follows the woman or her child or places the woman or threat of force, physical or other harm or threat of physical or other harm, or
her child under surveillance directly or indirectly or a combination thereof. 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
(e) "Dating relationship" refers to a situation wherein the parties live as husband and restricting the woman's or her child's movement or conduct:
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 (1) Threatening to deprive or actually depriving the woman or her child of custody to
ordinary socialization between two individuals in a business or social context is not a her/his family;
dating relationship. (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
(f) "Sexual relations" refers to a single sexual act which may or may not result in the insufficient financial support;
bearing of a common child. (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,
(g) "Safe place or shelter" refers to any home or institution maintained or managed
business or activity or controlling the victim's own mon4ey or properties, or solely
by the Department of Social Welfare and Development (DSWD) or by any other
controlling the conjugal or common money, or properties;
agency or voluntary organization accredited by the DSWD for the purposes of this
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
Act or any other suitable place the resident of which is willing temporarily to receive
controlling her actions or decisions;
the victim.
(g) Causing or attempting to cause the woman or her child to engage in any sexual
(h) "Children" refers to those below eighteen (18) years of age or older but are activity which does not constitute rape, by force or threat of force, physical harm, or
incapable of taking care of themselves as defined under Republic Act No. 7610. As through intimidation directed against the woman or her child or her/his immediate
used in this Act, it includes the biological children of the victim and other children family;
under her care. (h) Engaging in purposeful, knowing, or reckless conduct, personally or through
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
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:
(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;
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(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 found by the courts to be suffering from battered woman syndrome do not incur any
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 battered woman syndrome at the time of the commission of the crime, the courts
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
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
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.
The PNP, in coordination with LGU's shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against women and their children.
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 Service Rules and Regulations, extendible when the necessity
arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be
penalized in accordance with the provisions of the Labor Code and Civil Service
Rules and Regulations. 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.
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
Doctrine of Parens Patriae
Article 27, Convention on the Rights of the Child
Children have the right to a standard of living that is good enough to meet their
physical and mental needs. The government should help families who cannot afford
to provide this.
Nery vs. Lorenzo (1972)
To it is cast the duty of protecting the rights of persons or individual who because of
age or incapacity are in an unfavorable position, vis-a-vis other parties. Unable as
they are to take due care of what concerns them, they have the political community to
look after their welfare. This obligation the state must live up to. It cannot be recreant
to such a trust.
Child Abuse, Sexual Abuse and Exploitation and
Trafficking
Article 34, 35 Convention on the Rights of a Child
Governments should protect children from sexual abuse. Governments should make
sure that children are not abducted or sold.
RA 7610
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are (4) Other acts of abuses; and
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity or
death.
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or lacks or
has inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination"
refers to the coordinated program of services and facilities to protected children
against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(5) Circumstances which threaten or endanger the survival and normal development
of children.1awphi1Ÿ
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That when
the victims is under twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit
child 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
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Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, paragraph shall suffer the penalty of prision mayor in its medium period and a fine of
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions not less than Forty thousand pesos (P40,000); Provided, however, That should the
and indecent shows, whether live or in video, or model in obscene publications or perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be
pornographic materials or to sell or distribute the said materials shall suffer the imposed shall be prision mayor in its maximum period, a fine of not less than Fifty
penalty of prision mayor in its medium period. thousand pesos (P50,000), and the loss of parental authority over the minor.

If the child used as a performer, subject or seller/distributor is below twelve (12) (d) Any person, owner, manager or one entrusted with the operation of any public or
years of age, the penalty shall be imposed in its maximum period. 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
Any ascendant, guardian, or person entrusted in any capacity with the care of a child place or places any minor herein described shall be imposed a penalty of prision
who shall cause and/or allow such child to be employed or to participate in an mayor in its medium period and a fine of not less than Fifty thousand pesos
obscene play, scene, act, movie or show or in any other acts covered by this section (P50,000), and the loss of the license to operate such a place or establishment.
shall suffer the penalty of prision mayor in its medium period.
(e) Any person who shall use, coerce, force or intimidate a street child or any other
ARTICLE VI child to;
Other Acts of Abuse
(1) Beg or use begging as a means of living;
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other (2) Act as conduit or middlemen in drug trafficking or pushing; or
Conditions Prejudicial to the Child's Development. – (3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
(a) Any person who shall commit any other acts of child abuse, cruelty or medium period to reclusion perpetua.
exploitation or to be responsible for other conditions prejudicial to the child's For purposes of this Act, the penalty for the commission of acts punishable under
development including those covered by Article 59 of Presidential Decree No. 603, Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
as amended, but not covered by the Revised Penal Code, as amended, shall suffer the amended, the Revised Penal Code, for the crimes of murder, homicide, other
penalty of prision mayor in its minimum period. intentional mutilation, and serious physical injuries, respectively, shall be reclusion
(b) Any person who shall keep or have in his company a minor, twelve (12) years or perpetua when the victim is under twelve (12) years of age. The penalty for the
under or who in ten (10) years or more his junior in any public or private place, hotel, commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
beach and/or other tourist resort or similar places shall suffer the penalty of prision 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
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 law when the victim is under twelve (12) years age.
within the fourth degree of consanguinity or affinity or any bond recognized by law, The victim of the acts committed under this section shall be entrusted to the care of
local custom and tradition or acts in the performance of a social, moral or legal duty. the Department of Social Welfare and Development.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by ARTICLE VIII
this Act to keep or have in his company a minor as provided in the preceding Working Children
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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.
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 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 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;
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(e) Public infrastructure such as schools, hospitals and rural health units shall not be
proceedings and shall commit such child to the custody or care of the Department of
utilized for military purposes such as command posts, barracks, detachments, and Social Welfare and Development or to any training institution operated by the
supply depots; and 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
(f) All appropriate steps shall be taken to facilitate the reunion of families proper, after considering the reports and recommendations of the Department of
temporarily separated due to armed conflict. Social Welfare and Development or the agency or responsible individual under
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given whose care he has been committed.
priority during evacuation as a result of armed conflict. Existing community The aforesaid child shall subject to visitation and supervision by a representative of
organizations shall be tapped to look after the safety and well-being of children the Department of Social Welfare and Development or any duly-licensed agency or
during evacuation operations. Measures shall be taken to ensure that children such other officer as the court may designate subject to such conditions as it may
evacuated are accompanied by persons responsible for their safety and well-being. prescribe.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of The aforesaid child whose sentence is suspended can appeal from the order of the
the same family shall be housed in the same premises and given separate court in the same manner as appeals in criminal cases.
accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and ARTICLE XII
children shall be given additional food in proportion to their physiological needs. Common Penal Provisions
Whenever feasible, children shall be given opportunities for physical exercise, sports
and outdoor games. Section 31. Common Penal Provisions. –

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 Department of Social Welfare and Development or any responsible member of
the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction, the court shall suspend all further
(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;
(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;
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
(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.
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The emotionally disturbed or socially maladjusted child shall be treated with (12) Every child has the right to grow up as a free individual, in an atmosphere of
sympathy and understanding, and shall be entitled to treatment and competent care. peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.
The physically or mentally handicapped child shall be given the treatment, education
and care required by his particular condition. Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount consideration.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and Article 56. Choice of career. - The child shall have the right to choose his own
vigorous life. career. Parents may advise him on this matter but should not impose on him their
own choice.
(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 57. Marriage. - Subject to the provisions of the Civil Code, the child shall
have the prerogative of choosing his future spouse. Parents should not force or
(6) Every child has the right to an education commensurate with his abilities and to unduly influence him to marry a person he has not freely chosen.
the development of his skills for the improvement of his capacity for service to
himself and to his fellowmen. 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
(7) Every child has the right to full opportunities for safe and wholesome recreation schools to complete, at least, an elementary education.
and activities, individual as well as social, for the wholesome use of his leisure hours.
Article 79. Rights of the Church. - The State shall respect the rights of the Church in
(8) Every child has the right to protection against exploitation, improper influences, matters affecting the religious and moral upbringing of the child.
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development. Article 80. Establishment of Schools. - All churches and religious orders,
congregations or groups may, conformably to law, establish schools for the purpose
(9) Every child has the right to live in a community and a society that can offer him of educating children in accordance with the tenets of their religion.
an environment free from pernicious influences and conducive to the promotion of
his health and the cultivation of his desirable traits and attributes. 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
(10) Every child has the right to the care, assistance, and protection of the State, belong. All churches may offer religious instruction in public and private elementary
particularly when his parents or guardians fail or are unable to provide him with his and secondary schools, subject to the requirements of the Constitution and existing
fundamental needs for growth, development, and improvement. laws.
(11) Every child has the right to an efficient and honest government that will deepen Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution,
his faith in democracy and inspire him with the morality of the constituted authorities the government shall extend to all churches, without discrimination or preference,
both in their public and private lives. every opportunity to exercise their influence and disseminate their teachings.

Article 83. Parents. - Parents shall admonish their children to heed the teachings of
their Church and to perform their religious duties. Whenever possible, parents shall
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accompany their children to the regular devotion of their Church and other religious
ceremonies.
Article 111. Right to Self-Organization. - Working children shall have the same
freedoms as adults to join the collective bargaining union of their own choosing in
accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce
working children to join, continue or withdraw as members of such union.
Article 173. Admission of Disabled Children. - The Department of Social Welfare,
upon the application of the parents or guardians and the recommendation of any
reputable diagnostic center or clinic, shall refer and/or admit disabled children to any
public or private institution providing the proper care, training and rehabilitation.
"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;
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(b) Impairment is any loss, diminution or aberration of psychological, physiological, lapse of the period of apprenticeship, if found satisfactory in the job performance,
or anatomical structure or function; they shall be eligible for employment.

(c) Disability shall mean 1) a physical or mental impairment that substantially limits Sec. 8. Incentives for Employers. — (a) To encourage the active participation of the
one or more psychological, physiological or anatomical function of an individual or private sector in promoting the welfare of disabled persons and to ensure gainful
activities of such individual; 2) a record of such an impairment; or 3) being regarded employment for qualified disabled persons, adequate incentives shall be provided to
as having such an impairment; private entities which employ disabled persons. (b) Private entities that employ
disabled persons who meet the required skills or qualifications, either as regular
(d) Handicap refers to a disadvantage for a given individual, resulting from an employee, apprentice or learner, shall be entitled to an additional deduction, from
impairment or a disability, that limits or prevents the function or activity, that is their gross income, equivalent to twenty-five percent (25%) of the total amount paid
considered normal given the age and sex of the individual; as salaries and wages to disabled persons: Provided, however, That such entities
TITLE II present proof as certified by the Department of Labor and Employment that disabled
RIGHTS AND PRIVILEGES OF DISABLED PERSONS persons are under their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and the Department of
CHAPTER I
Health as to his disability, skills and qualifications. (c) Private entities that improve
EMPLOYMENT 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
Sec. 5. Equal Opportunity for Employment. — No disable person shall be denied taxable income, equivalent to fifty percent (50%) of the direct costs of the
access to opportunities for suitable employment. A qualified disabled employee shall improvements or modifications. This Section, however, does not apply to
be subject to the same terms and conditions of employment and the same improvements or modifications of facilities required under Batas Pambansa Bilang
compensation, privileges, benefits, fringe benefits, incentives or allowances as a 344.
qualified able bodied person. Five percent (5%) of all casual emergency and
contractual positions in the Departments of Social Welfare and Development; Health; Sec. 9. Vocational Rehabilitation. — Consistent with the principle of equal
Education, Culture and Sports; and other government agencies, offices or opportunity for disabled workers and workers in general, the State shall take
corporations engaged in social development shall be reserved for disabled persons. appropriate vocational rehabilitation measures that shall serve to develop the skills
Sec. 6. Sheltered Employment — If suitable employment for disabled persons cannot and potentials of disabled persons and enable them to compete favorably for
be found through open employment as provided in the immediately preceding available productive and remunerative employment opportunities in the labor market.
Section, the State shall endeavor to provide it by means of sheltered employment. In The State shall also take measures to ensure the provision of vocational rehabilitation
the placement of disabled persons in sheltered employment, it shall accord due and livelihood services for disabled persons in the rural areas. In addition, it shall
regard to the individual qualities, vocational goals and inclinations to ensure a goodpromote cooperation and coordination between the government and
working atmosphere and efficient production. nongovernmental organizations and other private entities engaged in vocational
rehabilitation activities. The Department of Social Welfare and Development shall
Sec. 7. Apprenticeship. — Subject to the provisions of the Labor Code as amended, design and implement training programs that will provide disabled persons with
disabled persons shall be eligible as apprentices or learners: Provided, That their vocational skills to enable them to engage in livelihood activities or obtain gainful
handicap is not as much as to effectively impede the performance of job operations in employment. The Department of Labor and Employment shall likewise design and
the particular occupation for which they are hired; Provided, further, That after the
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conduct training programs geared towards providing disabled persons with skills for impaired, hearing impaired, mentally retarded persons and other types of exceptional
livelihood. 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
Sec. 10. Vocational Guidance and Counseling. — The Department of Social and cities, or municipalities. It shall also establish, where viable, Braille and Record
Welfare and Development, shall implement measures providing and evaluating Libraries in provinces, cities or municipalities.
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 The National Government shall allocate funds necessary for the effective
other suitably qualified staff responsible for the vocational guidance and counseling implementation of the special education program nationwide. Local government
of disabled persons. units may likewise appropriate counterpart funds to supplement national funds.

CHAPTER II Sec. 15. Vocational or Technical and Other Training Programs. — The State shall
EDUCATION provide disabled persons with training in civics, vocational efficiency, sports and
physical fitness, and other skills. The Department of Education, Culture and Sports
Sec. 12. Access to Quality Education. — The State shall ensure that disabled persons shall establish in at least one government-owned vocational and technical school in
are provided with access to quality education and ample opportunities to develop every province a special vocational and technical training program for disabled
their skills. It shall take appropriate steps to make such education accessible to all persons. It shall develop and implement sports and physical fitness programs
disabled persons. It shall be unlawful for any learning institution to deny a disabled specifically designed for disabled persons taking into consideration the nature of
person admission to any course it offers by reason of handicap or disability. The their handicap.
State shall take into consideration the special requirements of disabled persons in the
formulation of educational policies and programs. It shall encourage learning Sec. 16. Non-Formal Education. — The State shall develop non-formal education
institutions to take into account the special needs of disabled persons with respect to programs intended for the total human development of disabled persons. It shall
the use of school facilities, class schedules, physical education requirements, and provide adequate resources for non-formal education programs and projects that cater
other pertinent consideration. The State shall also promote the provision by learning to the special needs of disabled persons.
institutions, especially higher learning institutions of auxiliary services that will
facilitate the learning process for disabled persons. Sec. 17. State Universities and Colleges. — If viable and needed, the State
University or State College in each region or province shall be responsible for (a) the
Sec. 13. Assistance to Disabled Students. — The State shall provide financial development of material appliances and technical aids for disabled persons; (b) the
assistance to economically marginalized but deserving disabled students pursuing development of training materials for vocational rehabilitation and special education
post secondary or tertiary education. Such assistance may be in the form of instructions; (c) the research on special problems, particularly of the visually-
scholarship grants, student loan programs, subsidies, and other incentives to qualified impaired, hearing impaired, speech-impaired, and orthopedically-impaired students,
disabled students in both public and private schools. At least five percent (5%) of the mentally retarded, and multi-handicapped and others, and the elimination of social
allocation for the Private Education Student Financial Assistance Program created by barriers and discrimination against disabled persons; and (d) inclusion of the Special
virtue of R.A. 6725 shall be set aside for disabled students pursuing vocational or Education for Disabled (SPED) course in the curriculum. The National Government
technical and degree courses. shall provide these state universities and colleges with necessary special facilities for
visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired
Sec. 14. Special Education. — The State shall establish, maintain and support students. It shall likewise allocate the necessary funds in support of the above.
complete, adequate and integrated system of special education for the visually
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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 and Development shall develop a program to assist marginalized disabled persons
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 persons in government buildings and facilities.
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
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 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
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Sec. 32. Discrimination on Employment. — No entity, whether public or private, (i) Excluding disabled persons from membership in labor unions or similar
shall discriminate against a qualified disabled person by reason of disability in regard organizations.
to job application procedures, the hiring, promotion, or discharge of employees,
employee compensation, job training, and other terms, conditions, and privileges of Sec. 33. Employment Entrance Examination. — Upon an offer of employment, a
employment. The following constitute acts of discrimination: disabled applicant may be subjected to medical examination, on the following
occasions:
(a) Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities; (a) all entering employees are subjected to such an examination regardless of
(b) Using qualification standards, employment tests or other selection criteria that disability;
screen out or tend to screen out a disabled person unless such standards, tests or other (b) information obtained during the medical condition or history of the applicant is
selection criteria are shown to be job-related for the position in question and are collected and maintained on separate forms and in separate medical files and is
consistent with business necessity; treated as a confidential medical record; Provided, however, That:
(c) Utilizing standards, criteria, or methods of administration that: (1) supervisors and managers may be informed regarding necessary restrictions on
(1) have the effect of discrimination on the basis of disability; or the work or duties of the employees and necessary accommodations;
(2) perpetuate the discrimination of others who are subject to common administrative (2) first aid and safety personnel may be informed, when appropriate, if the disability
control. may require emergency treatment;
(3) government officials investigating compliance with this Act shall be provided
(d) Providing less compensation, such as salary, wage or other forms of remuneration relevant information on request; and
and fringe benefits, to a qualified disabled employee, by reason of his disability, than (4) the results of such examination are used only in accordance with this Act.
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 CHAPTER II
respect to promotion, training opportunities, study and scholarship grants, solely on DISCRIMINATION ON TRANSPORTATION
account of the latter's disability; Sec. 34. Public Transportation. — It shall be considered discrimination for the
(f) Re-assigning or transferring a disabled employee to a job or position he cannot franchisees or operators and personnel of sea, land, and air transportation facilities to
perform by reason of his disability; charge higher fare or to refuse to convey a passenger, his orthopedic devices,
(g) Dismissing or terminating the services of a disabled employee by reason of his personal effects, and merchandise by reason of his disability.
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 CHAPTER III
the employer first sought to provide reasonable accommodations for disabled DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND
persons; SERVICES
(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 Sec. 36. Discrimination on the Use of Public Accommodations. — (a) No disabled
employee that such tests purports to measure, rather than the impaired sensory, person shall be discriminated on the basis of disability in the full and equal
manual or speaking skills of such applicant or employee, if any; and enjoyment of the goods, services, facilities, privileges, advantages or
accommodations of any place of public accommodation by any person who owns,
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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..
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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 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.
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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
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.
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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 programmes of labour recruitment or under immigration schemes.
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.
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
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.
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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
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.
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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
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
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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;
(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:
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(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)
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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 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
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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)
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
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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. Karen also filed the petition for habeas corpus on Merino’s behalf. No objection was
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:
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
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
 Human Rights Law Reviewer for Finals| Andalecio, John Dom S.| Arellano Law 2016
case. Respondents are also required to detail the actions they had taken to determine and healthful ecology is violated, or threatened with violation by an unlawful act or
the fate or whereabouts of the aggrieved party. 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
If the respondents are public officials or employees, they are also required to state the of inhabitants in two or more cities or provinces.
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 Section 2. Contents of the petition. - The verified petition shall contain the following:
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 (a) The personal circumstances of the petitioner;
disappearance as well as any pattern or practice that may have brought about the (b) The name and personal circumstances of the respondent or if the name and
death or disappearance; and (vi) bring the suspected offenders before a competent personal circumstances are unknown and uncertain, the respondent may be described
court. Clearly these matters are important to the judge so that s/he can calibrate the by an assumed appellation;
means and methods that will be required to further the protections, if any, that will be (c) The environmental law, rule or regulation violated or threatened to be violated,
due to the petitioner. 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
There will be a summary hearing only after the Return is filed to determine the provinces.
merits of the petition and whether interim reliefs are warranted. If the Return is not (d) All relevant and material evidence consisting of the affidavits of witnesses,
filed, the hearing will be done ex parte.After the hearing, the court will render the documentary evidence, scientific or other expert studies, and if possible, object
judgment within ten (10) days from the time the petition is submitted for decision. evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not commenced
If the allegations are proven with substantial evidence, the court shall grant the any action or filed any claim involving the same issues in any court, tribunal or
privilege of the writ and such reliefs as may be proper and appropriate. The judgment quasi-judicial agency, and no such other action or claim is pending therein; (2) if
should contain measures which the judge views as essential for the continued there is such other pending action or claim, a complete statement of its present status;
protection of the petitioner in the Amparo case. These measures must be detailed (3) if petitioner should learn that the same or similar action or claim has been filed or
enough so that the judge may be able to verify and monitor the actions taken by the is pending, petitioner shall report to the court that fact within five (5) days therefrom;
respondents. It is this judgment that could be subject to appeal to the Supreme Court and
via Rule 45 (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

E. Writ of Kalikasan 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.
Rules of Procedure for Environmental Cases
Section 4. No docket fees. - The petitioner shall be exempt from the payment of
A.M. No. 19-6-8-SC
docket fees.
Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the
person, entity authorized by law, people’s organization, non-governmental
petition, if the petition is sufficient in form and substance, the court shall give an
organization, or any public interest group accredited by or registered with any
order: (a) issuing the writ; and (b) requiring the respondent to file a verified return as
government agency, on behalf of persons whose constitutional right to a balanced
provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ
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under the seal of the court including the issuance of a cease and desist order and (f) Third-party complaint;
other temporary reliefs effective until further order. (g) Reply; and
(h) Motion to declare respondent in default.
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 Section 10. Effect of failure to file return. - In case the respondent fails to file a
to make a return of service. In case the writ cannot be served personally, the rule on return, the court shall proceed to hear the petition ex parte.
substituted service shall apply.
Section 11. Hearing. - Upon receipt of the return of the respondent, the court may
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who call a preliminary conference to simplify the issues, determine the possibility of
unduly delays or refuses to issue the writ after its allowance or a court officer or obtaining stipulations or admissions from the parties, and set the petition for hearing.
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 The hearing including the preliminary conference shall not extend beyond sixty (60)
actions. days and shall be given the same priority as petitions for the writs of habeas corpus,
amparo and habeas data.
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 Section 12. Discovery Measures. - A party may file a verified motion for the
shall contain all defenses to show that respondent did not violate or threaten to following reliefs:
violate, or allow the violation of any environmental law, rule or regulation or commit (a) Ocular Inspection; order — The motion must show that an ocular inspection
any act resulting to environmental damage of such magnitude as to prejudice the life, order is necessary to establish the magnitude of the violation or the threat as to
health or property of inhabitants in two or more cities or provinces. 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. 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
The return shall include affidavits of witnesses, documentary evidence, scientific or violation of environmental law.
other expert studies, and if possible, object evidence, in support of the defense of the
respondent. 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
A general denial of allegations in the petition shall be considered as an admission photographing the property or any relevant object or operation thereon.
thereof.
The order shall specify the person or persons authorized to make the inspection and
Section 9. Prohibited pleadings and motions. - The following pleadings and motions the date, time, place and manner of making the inspection and may prescribe other
are prohibited: conditions to protect the constitutional rights of all parties.

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

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.

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;

(c) Directing the respondent public official, government agency, private person or
entity to monitor strict compliance with the decision and orders of the court;