Philippine Bill of Rights & International Human Rights Law

50 question-and-answer flashcards covering key provisions of the Philippine Bill of Rights and core concepts of international human-rights law.

What protection does Section 1 of the Philippine Bill of Rights give regarding life, liberty and property?

No person shall be deprived of life, liberty, or property without due process of law, nor denied equal protection of the laws.

Under Section 2, when may a search or arrest warrant be issued?

Only upon probable cause personally determined by a judge after oath or affirmation, specifically describing the place to be searched and the persons or things to be seized.

What four things are protected from unreasonable searches and seizures by Section 2?

Persons, houses, papers, and effects.

What does Section 3(1) guarantee about privacy of communication and correspondence?

It is inviolable except upon lawful court order or when public safety or order requires otherwise as prescribed by law.

What is the rule on evidence obtained in violation of Sections 2 or 3?

It is inadmissible for any purpose in any proceeding.

Which freedoms are protected from abridgment by Section 4?

Freedom of speech, expression, the press, peaceful assembly, and petition.

What two main prohibitions does Section 5 establish concerning religion?

No law establishing a religion or prohibiting its free exercise; no religious test for civil or political rights.

When may liberty of abode be impaired under Section 6?

Only upon lawful court order; the right to travel may be limited for national security, public safety, or public health as provided by law.

What right concerning government information is recognized in Section 7?

The right to information on matters of public concern and access to official records and documents.

What organizational right is protected by Section 8?

The right of people to form unions, associations, or societies for lawful purposes.

What does Section 9 require before private property can be taken for public use?

Just compensation.

What type of law is prohibited by Section 10?

Any law impairing the obligation of contracts.

What does Section 11 ensure for persons who are poor?

Free access to the courts and adequate legal assistance shall not be denied because of poverty.

What two rights must an arrested person be informed of under Section 12(1)?

The right to remain silent and the right to competent and independent counsel.

Name two interrogation practices prohibited by Section 12(2).

Torture and secret detention places (also force, violence, threats, intimidation, or any means that vitiate free will).

What is the evidentiary effect of confessions obtained in violation of Section 12 or 17?

They are inadmissible in evidence.

What is the general rule on bail under Section 13?

All persons are bailable before conviction except when charged with offenses punishable by reclusion perpetua and evidence of guilt is strong.

What must precede holding a person to answer for a criminal offense according to Section 14(1)?

Due process of law.

State three trial rights of an accused under Section 14(2).

Presumption of innocence; right to be heard by counsel; right to a speedy, impartial, and public trial; right to confront witnesses; compulsory process for witnesses.

When may the privilege of the writ of habeas corpus be suspended under Section 15?

Only in cases of invasion or rebellion when public safety requires it.

What does Section 16 guarantee about legal proceedings?

The right to a speedy disposition of cases before judicial, quasi-judicial, or administrative bodies.

What protection against self-incrimination is found in Section 17?

No person shall be compelled to be a witness against himself.

What does Section 18(1) say about detention for political beliefs?

No person shall be detained solely by reason of political beliefs and aspirations.

Under what circumstance may involuntary servitude exist according to Section 18(2)?

Only as punishment for a crime for which the party has been duly convicted.

List three punishments forbidden or limited by Section 19(1).

Excessive fines; cruel, degrading or inhuman punishment; death penalty unless Congress provides for it for heinous crimes.

What does Section 20 forbid regarding debt?

Imprisonment for debt or non-payment of a poll tax.

What protection against double jeopardy is provided by Section 21?

No person shall be twice put in jeopardy for the same offense; conviction or acquittal under a law or ordinance bars another prosecution for the same act.

Which kinds of legislative acts are barred by Section 22?

Ex post facto laws and bills of attainder.

How are human rights defined in the notes?

Rights inherent to all human beings, regardless of status, including life, liberty, freedom from slavery and torture, and many others, without discrimination.

What does international human rights law require of governments?

To act or refrain from acts in order to promote and protect human rights and fundamental freedoms.

Name the two foundational documents of modern international human rights law.

The Charter of the United Nations (1945) and the Universal Declaration of Human Rights (1948).

Which instruments collectively form the International Bill of Human Rights?

The UDHR; the International Covenant on Civil and Political Rights (ICCPR) plus its two Optional Protocols; and the International Covenant on Economic, Social and Cultural Rights (ICESCR) with its Optional Protocol.

When and where was the UDHR proclaimed?

10 December 1948 in Paris by UN General Assembly Resolution 217 A (III).

Give two rights protected by the ICESCR.

Right to work in just conditions and the right to an adequate standard of living (also health, education, cultural benefits).

Which body monitors implementation of the ICESCR?

The Committee on Economic, Social and Cultural Rights (18 independent experts).

List three rights covered by the ICCPR.

Freedom of movement; right to a fair trial and presumption of innocence; freedom of thought, conscience and religion; freedom of expression; peaceful assembly; minority protection.

Name two practices prohibited by the ICCPR.

Torture and arbitrary deprivation of life (also slavery, arbitrary arrest, war propaganda, discrimination).

Provide two examples of post-1945 UN human rights conventions.

Convention on the Prevention and Punishment of Genocide (1948); Convention on the Elimination of All Forms of Discrimination against Women (1979) (others include CERD 1965, CRC 1989, CRPD 2006).

What body replaced the UN Commission on Human Rights in 2006?

The UN Human Rights Council.

How many member states sit on the Human Rights Council?

47.

What is the Universal Periodic Review (UPR)?

A cooperative, state-driven review of every UN member state's human-rights record every four years, conducted by the Human Rights Council.

How often does the UPR Working Group meet each year?

Three times a year.

What are the Human Rights Council’s “special procedures”?

Independent human-rights experts with thematic or country mandates to report and advise on human-rights issues.

As of November 2023, how many thematic and country mandates exist under the special procedures?

46 thematic mandates and 14 country mandates.

Who is the principal UN official responsible for human-rights activities?

The UN High Commissioner for Human Rights.

What is the role of the Office of the High Commissioner for Human Rights (OHCHR)?

Serves as secretariat for the Human Rights Council and treaty bodies, undertakes field activities, and is the focal point for UN human-rights efforts.

On what date is Human Rights Day observed each year?

10 December.

Which UN agency champions labour rights?

The International Labour Organization (ILO).

To which bodies can individuals submit complaints about treaty violations?

The oversight committees (treaty bodies) for the core human-rights treaties.

What overarching principle about human rights applies across all UN policies and programmes?

Human rights are a cross-cutting theme integrated into peace and security, development, humanitarian assistance, and economic and social affairs.