Sources of HR
Promotes specified ends such
1. Theological Approach
a. Doctrine of supreme being
and creation as the primary
source of HR
b. Rights are universal,
inalienable and cannot be
denied by men
2. Natural Law Theory
a. Conduct of men must always
conform to the laws of nature
b. Whatever is disturbing to
social harmony is wrong and
unjust
c. Tolerance and respect
3. Historical Approach
a. HR is the product of common
consciousness of the people
b. Gradual spontaneous and
evolutionary process
4. Functional/Sociological Approach
a. HR exist as a means of social
control
b. HR exists to serve the social
interest of the society
c. Geared towards the general
welfare of the people
5. Positivist theory
a. All rights and authority came
from the state.
b. The only law is what is
commanded by the
government.
6. Marxist Theory
a. Emphasizes the interest of
society over the individual.
b. About economic and social
rights.
7. Equality and Respect
a. Respect to basic liberty
b. Based on equality regardless
of status, background, race,
religion
c. Fair trial and access to courts.
8. Theory Based on Justice
a. First virtue of any social
institution is justice.
b. Based on equity and not
equality
c. Rights secured are not subject
to political bargaining
d. Taxation
9. Based on the Dignity of Man
a. Sharing values of all the
identified policies which
human rights depend on
b. Values, respect, power,
knowledge, health
10. Utilitarian Theory
a.
as common good ie peace and
security
b. Common and private goods
c. Role of government:
redistribution of resources.
Characteristics of HR:
Inherent – these rights are given from the
time a person is born
Universal – given to all regardless of age,
sex, race, creed or religion
Equal – every person shall enjoy the same
particular set of rights
Inalienable – cannot be taken by or given
to any person
Indivisible – cannot be divided
Imprescriptible – does not expire or
prescribe
Interdependent – fulfillment of one
cannot be had without the realization of
the other
These rights spring from being
part of human race
 these rights may exist as natural or
as legal rights, in
both national and international law.
Jus cogens – refers to norms that
command peremptory authority,
superseding conflicting treaties and
custom. Jus cogens norms are considered
peremptory in the sense that they are
mandatory, do not admit derogation, and
can be modified only by general
international norms of equivalent
authority. Means there exist universally
recognized principles of international law
that renders some recognized treaty void,
and therefore, the peremptory effect of
such principles was itself “unanimously
recognized customary rule of
international law”. Ex. Treaty allowing
piracy is void
Erga Omnes - refers to specifically
determined obligations that states have
towards the international community as a
whole. In view of the importance of
human rights, all states can be held to
have legal interest in their protection;
they are obligation erga omnes.
Derive from the outlawing of acts of
aggression, and of genocide and also
principles concerning the basic rights of
the human person.
Q: Who may file: (in order) Granted the
aggrieved party did not file
1. Any member of the immediate
family, namely: the spouse,
children and parents of the
aggrieved party;
2. Any ascendant, descendant or
collateral relative of the aggrieved
party within the fourth civil degree
of consanguinity or affinity, in
default of those mentioned in the
preceding paragraph; or
3. Any concerned citizen,
organization, association or
institution, if there is no known
member of the immediate family
or relative of the aggrieved party.
Q: What is the writ of amparo
The petition for a writ of amparo is a
remedy available to any person whose
right to life, liberty and security is violated
or threatened with violation by an
unlawful act or omission of a public official
or employee, or of a private individual or
entity.
Q: Coverage
The writ shall cover extralegal killings and
enforced disappearances or threats
thereof.
Extralegal killings" are ‘killings committed
without due process of law, i.e., without legal
safeguards or judicial proceedings."
"enforced disappearances" are "attended
by the following characteristics:
(a) that there be an arrest, detention, abduction
or any form of deprivation of liberty;
(b) that it be carried out by, or with the
authorization, support or acquiescence of, the
State or a political organization;
(c) that it be followed by the State or political
organization’s refusal to acknowledge or give
information on the fate or whereabouts of the
person subject of the amparo petition; and
(d) that the intention for such refusal is to
remove the subject person from the protection
of the law for a prolonged period of time. 44
Q: What is command responsibility?
The commander is deemed responsible as
well with the exemption of the president
because of presidential immunity
Q: Requisites:
1. Existence of superior subordinate
relationship between the accused
 as superior and perpetrator of the
crime of his subordinate
2. Superior knew or had reason to
know
3. Superior failed to take actions
Q: Liability vs Accountability and
Responsibility?
Writ is for responsibility and accountability
and not to find who shall be liable.
Q: Interim reliefs
1. Temporary Protection Order.
2. Inspection Order.
3. Production Order
4. Witness Protection Order
Q: Proof need to invoke writ of amparo
Substantial evidence
Q:Amparo determines:
1. Responsibility; extent the actors
have been established by
substantial evidence to have
participated
2. Accountability; measures of
remedies that should be address
to.
Q: Kinds of Amparo
1. Amparolibertad – protection for
personal freedom
2. Amparo Contra Leyes – judicial
review of constitutionality of
statues
3. Amparocasacion – Judicial Review
for judicial decision
4. Amparoadministrativo – For admin
actions
5. Amparoagrario – protection of
peasants rights derived from agra
reform
Q: Grave Abuse Clause:
Provides for the judicial power to
determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the govt.
Under the 1987 Constitution, international
law can become part of the sphere of
domestic law either by transformation or
incorporation.
Transformation - requires that an
international law be transformed into a
domestic law through a constitutional
mechanism such as local legislation.
Incorporation - when, by mere
constitutional declaration, international
law is deemed to have the force of
domestic law.
"Generally accepted principles of
international law" - norms of general or
customary international law which are
binding on all states
International customary rules are
accepted as binding as a result from the
combination of two elements:
(i) the established, widespread, and
consistent practice on the part of States;
and
(ii) a psychological element known as the
opinion juris sive necessitates (opinion as
to law or necessity).
derivative state complicity
- State may be held liable even if it
did not directly commit the act
which constitutes the violation,
provided that it assisted or
directed the commission thereof
- Can be deemed as conspirator,
accomplice or accessory

Imbong v Ochoa
When Life Begins* In this regard, the
ponente, is of the strong view that life
begins at fertilization. In answering the
question of when life begins, focus should
be made on the particular phrase of
Section 12 which reads: Section 12. The
State recognizes the sanctity of family life
and shall protect and strengthen the
family as a basic autonomous social
institution. It shall equally protect the life
of the mother and the life of the unborn
from conception. The natural and primary
right and duty of parents in the rearing of
the youth for civic efficiency and the
development of moral character shall
receive the support of the Government.
Textually, the Constitution affords
protection to the unborn from conception.
This is undisputable because before
conception, there is no unborn to speak
of.
In general, the Court does not find the RH
Law as unconstitutional insofar as it seeks
to provide access to medically-safe, non-
abortifacient, effective, legal, affordable,
and quality reproductive healthcare
services, methods, devices, and supplies
People v Echegaray
The Death penalty is imposed in heinous 8. Grant immunity on prosecution for
crimes because the perpetrators thereof the purpose of finding out the
have committed unforgivably execrable truth
acts that have so deeply dehumanized a 9. Request assistance from other
person or criminal acts with severely agencies of government
destructive effects on the national efforts 10. Appoint its officers
to lift the masses from abject poverty
11. Perform other functions provided
through organized governmental
by law
strategies based on a disciplines and
honest cititzenry, and because they have
caused irreparable and substantial injury
to both their victim and the society and a
repetition of their acts would pose actual
threat to the safety of individuals and the
survival of government, they must be
permanently prevented from doing so.
11 functions of chr
1. Provide appropriate legal measure
to all persons within PH
2. Adopt operational guidelines and
rules of procedure
3. Investigate violations of human
rights
4. Visitorial powers in jail
5. Establish continuing programs for
the research of human rights
6. Recommend efficient measures to
congress for the promotion of
human rights
7. Monitor government compliance
on human rights