KING’S COLLEGE OF THE PHILIPPINES

COLLEGE OF CRIMINAL JUSTICE EDUCATION

PICO RD., LA TRINIDAD
PROVINCE OF BENGUET

COURSE CODE: CA3 (THERAPEUTIC MODALITIES)

DESCRIPTIVE TITLE: NON-INSTITUTIONAL CORRECTION
COURSE DESCRIPTION: This course includes topics on human rights; forms of
human rights violations; how the Government and
private sector respond to alleviate welfare of victims of
crimes; and treatment of offenders thru the different
aspects of therapeutic modalities.

MODULE 1
A. LAWS ON HUMAN RIGHTS
B. GEN. NATURE AND DEFINITION OF HUMAN RIGHTS
C. SOURCES OF HUMAN RIGHTS LAWS IN THE PHILIPPINES
D. PRINCIPLES OF HUMAN RIGHTS
E. BILL OF RIGHTS
F. MIRANDA RIGHTS/DOCTRINE
G. R.A. 7438
H. UNITED NATIONS DECLARATION ON HUMAN RIGHTS
I. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
J. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

LAWS ON HUMAN RIGHTS

DEFINITION OF HUMAN RIGHTS

-Fundamental freedoms that all human beings are entitled to.

-In present day context, human rights is defined as those without which
beings cannot live with dignity, freedom and justice in any nation or state
regardless of color, placed of birth, ethnicity, religion, or sex or any other
such considerations.
(as defined by the U.N.)
-rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life and liberty,
freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without
discrimination.

-rights we have simply because we exist as human beings - they are not
granted by any state. These universal rights are inherent to us all, regardless
of nationality, sex, national or ethnic origin, color, religion, language, or any
other status. They range from the most fundamental - the right to life - to those
that make life worth living, such as the rights to food, education, work, health,
and liberty.

IT INCLUDES:
A) civil, and political rights; ( deals with such rights as freedom of movement;
equality before the law; the right to a fair trial and presumption of innocence; freedom
of thought, conscience and religion; freedom of opinion and expression; peaceful
assembly; freedom of association; participation in public affairs and elections; and
protection of minority rights.)

From the International Covenant on Civil and Political Rights and its two
Optional Protocols outline rights such as:
 The right to life, which is violated by actions like death by torture, neglect, and
use of force
 The right to freedom of expression, which is violated by restricting access to
ideas and limiting press freedom
 The right to privacy, which is violated by intruding on a person’s sexual life or
personal data
 The right to asylum, which is violated by deporting someone to a country where
their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s not
impartial and excessive delays
 The right to freedom of religion, which is violated when someone is punished
for following their beliefs or forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits like race,
gender, religion, etc are used as justification for actions like being fired from a
job; and,

B) economic, social and cultural rights ( from the principles of the UDHR it
includes the promotion and protection of the 1. right to work in a safe environment
for a fair wage; 2. The right to access medical care, including mental health care;
3. The right to accessible education; 4. The right to adequate food, clothing, and
housing; 5. The right to affordable sanitation and clean water; 6. The right to take
part in cultural life; 7. The right to enjoy the benefits of scientific progress; and
8. The right to social security
 WHO FIRST WROTE ABOUT HUMAN RIGHTS?
-CYRUS THE GREAT
-In 539 BC, after conquering the City of Babylon, he free all slaves to return
home. He likewise declared that people should choose their own religion
-The CYRUS CYLINDER, a clay tablet containing his statements, is the first
human rights declaration in history.
-The idea of human rights quickly spread to India, Greece and Rome.

WHAT ARE THE THREE SOURCES OF HUMAN RIGHTS?

-UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR, 1948
-INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS (ICCR,
1966)
-INTERNATIONAL COVENANT on ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (ICESCR, 1966)
What are civil rights in the Philippines?
ANS: THE HUMAN AND PEOPLE’s RIGHTS DECLARATION OF THE
PHILIPPINES CLASSIFIES CIVIL RIGHTS:

1. Right to life, liberty, security and property. A competent and impartial

justice system, free from influence and corruption.
2. We have a right to the security and privacy of our persons and our
homes. And ensure our freedom of movement and liberty of abode.
3. The requirements of due process of law shall be observed before,
during and after trial. The accused is presumed innocent until
proven guilty and shall enjoy the right against self-incrimination, the
right to an independent and competent counsel preferably of his or
her own choice, and the right to be informed of such rights.
4. Detainees and prisoners have the right to humane conditions of
detention with adequate food, space and ventilation, rest and
recreation, sanitary and health services, and skills training. They
have the right to communicate with counsel, family and friends and
be visited by them. The right to practice their religious beliefs and to
express themselves shall likewise not be denied. The State must
provide separate detention facilities for women and children in
conflict with the law. Detainees and prisoners shall be given the
opportunity for correction and rehabilitation towards their
reintegration into society.
5. No person shall be subjected to arrests, searches, seizures and
detention without due process of law. No suspect, detainee or
prisoner shall be subjected to torture, force, violence, intimidation,
harassment or threats. No accused shall be subjected to trial by
publicity. Neither shall cruel, inhuman or degrading punishment or
treatment or incommunicado or solitary confinement be imposed.
6. We have the right against involuntary disappearances. The State
shall protect its citizens from all forms of systematic and massive
extrajudicial and summary killings. The State shall take
responsibility for all the acts of its State agents and give information
and assistance to the families of the disappeared.

 What is Enforced or involuntary disappearance of persons?

(ASSIGNMENT)
WHAT ARE THE POLITICAL RIGHTS IN THE PHILIPPINES?

ANS: THE HUMAN AND PEOPLE’s RIGHTS DECLARATION OF THE

PHILIPPINES CLASSIFIES POLITICAL RIGHTS AS:

1. We have the right to live in a democracy and are entitled to enjoy

its benefits. The right to meaningful representation, participation
and decision-making about individual and community concerns shall
be recognized and maintained. The protection of life, liberty and
property, the upliftment of economic conditions and the promotion
of the general welfare are essential prerequisites of a truly
democratic society.
2. Public office is a public trust. Transparency, accountability,
integrity and competence are minimum standards of good
governance. It is the State’s duty to eliminate graft and corruption at
all levels of the bureaucracy. Towards this end, our right to
information on matters involving public interest shall be
safeguarded.
3. We have the right to determine, participate, intervene and take
action in all matters that directly and indirectly affect our welfare.
The freedoms of speech, press, association and peaceful assembly
shall at all times be recognized and protected by the State.
4. The State shall provide equal access to opportunities for public
service to all competent and qualified citizens. The State must
equitably diffuse political power and prohibit political dynasties in
accordance with democratic principles.
5. Sovereignty resides in the people. We reserve the right to defy a
tyrannical, oppressive and corrupt regime by means consistent with
general principles of human rights.

WHAT ARE THE SOCIAL AND CULTURAL RIGHTS IN THE

PHILIPPINES?

ANS: THE HUMAN AND PEOPLE’s RIGHTS DECLARATION OF THE

PHILIPPINES CLASSIFIES SOCIAL AND CULTURAL RIGHTS AS:
1. We have the right to enjoy the highest standard of health. The
State shall ensure that its citizens shall be adequately nourished
and free from hunger. The State has the obligation to establish a
responsive social housing program and protect the people from
unjust evictions from their homes. Protection and assistance shall
be accorded marginalized families and vulnerable sectors of society.
2. We have the right to a free, accessible, relevant, nationalistic,
quality, gender and culturally sensitive education, responsive to our
needs, which advances the culture of human rights.
3. Children and youth have rights to special care, education, health,
and protection against all forms of abuse, discrimination,
exploitation, corruption, and conditions affecting their moral
development. The best interest of the child shall always take
precedence in State policies and laws.
4. Women are partners of men in nation building. They have equal
rights in civil, political, social, and cultural aspects of life. The State
shall protect and defend them from discrimination, exploitation,
trafficking, assault, battery and other forms of abuse and violence.
5. Men and women have reproductive rights. The State shall
recognize the rights of all couples and individuals to decide freely
and responsibly the number, spacing and timing of their children
and to have the information and means to do so, and the right to
attain the highest standard of sexual and reproductive health. The
State shall also recognize the rights of couples in making decisions
regarding reproduction free of discrimination, coercion and
violence, as expressed in human rights documents.
6. The indigenous and Moro peoples have the right to equality with
all other peoples and against all forms of discrimination. They have
the right to existence as distinct peoples free from assimilation as
well as the right to resist development aggression, which threatens
their survival as a community. Thus, the State shall assist and
support them in the protection and preservation of their culture,
language, tradition and belief. They have an inherent right to their
ancestral domain, which must be given urgent immediate attention
and protection by the State and should be respected and defended
by all.
7. The State shall accord special protection to persons with
disabilities. They have the right to enjoyment of equal opportunity
as well as appropriate and accessible social services, education,
employment, rehabilitation and social security.
8. Older persons shall be given preferential treatment by the State.
They shall be given priority in terms of accessible social security
and health.

WHAT ARE THE ECONOMIC RIGHTS IN THE PHILIPPINES?

ANS: THE HUMAN AND PEOPLE’s RIGHTS DECLARATION OF THE

PHILIPPINES CLASSIFIES SOCIAL AND CULTURAL RIGHTS AS:
1. We have the right to a nationalistic and independent economic
policy protected from foreign domination and intrusion.
2. We have the right to equal access to employment opportunities
and professional advancement. All workers have the right to just
compensation, dignified and humane working environment, job
security, the right to form and join unions and organizations, to
bargain collectively, to go on strike and to actively participate in
political life. Discrimination in the work place, sexual harassment,
slavery, exploitation, and child labor shall not be tolerated.
Moreover, overseas workers have the right to enjoy the basic rights
accorded to workers in their respective host countries, consistent
with international labor laws or standards.
3. Land, as a limited resource, bears a social function. The right to
own land should be limited to Filipinos and shall be guided by the
principle of stewardship and subject to the demands of the common
good. Peasants shall have the right to own the land they till through
a genuine agrarian reform program including support services.
4. Fisherfolk have the right of access to fishing grounds, to
protection from foreign incursions and local large-scale/commercial
fishing business, to genuine aquatic reforms and to the preservation
and protection of communal fishing grounds.
5. We have the preferential right to the judicious cultivation,
utilization, and preservation of our natural resources which will
ensure an ecological balance that can support and sustain the total
physical and economic well being of every person, family and
community.
The marginalized and vulnerable sectors shall have preferential
access/control to credit and micro-finance, and the right to skills
and livelihood training, which shall contribute to the constant
improvement of their liv

GENERAL NATURE OF HUMAN RIGHTS (United Nations)

-Human rights is based on the belief that every human being is entitled to enjoy
her/his rights without discrimination.

COMPARISON BETWEEN HUMAN RIGHTS, FUNDAMENTAL RIGHTS, AND

LEGAL RIGHTS: - (ASSIGNMENT)

WHAT ARE THE HUMAN RIGHTS PRINCIPLES AS STATED BY THE

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) (ASSIGNMENT)

What Is Sexual Orientation? (ASSIGNMENT)

There are several types of sexual orientation; for example:

 Heterosexual. People who are heterosexual are romantically and physically

attracted to members of the opposite sex: Heterosexual males are attracted
to females, and heterosexual females are attracted to males. Heterosexuals
are sometimes called "straight."
  Homosexual. People who are homosexual are romantically and physically
attracted to people of the same sex: Females who are attracted to other
females are lesbian; males who are attracted to other males are often known
as gay. (The term gay is sometimes used to describe homosexual
individuals of either sex.)
 Bisexual. People who are bisexual are romantically and physically attracted
to members of both sexes.
 Asexual. People who are asexual may not be interested in sex, but they still
feel emotionally close to other people.

 Protection of human rights fall on states and their authorities or agents,

not on individuals. One important implication of these characteristics is
that human rights must themselves be protected by law (‘the rule of law’).

WHY ARE HUMAN RIGHTS IMPORTANT?

1. Human rights protect us and these allow us to build societies that are safe,
prosperous and generally desirable to live in.
2. Human rights give us individual freedom to do things we want ( like
practicing our religion, right to education etc.)

What Are Human Rights Violations?

To violate the most basic human rights, on the other hand, is to deny individuals
their fundamental moral entitlements. It is, in a sense, to treat them as if they are
less than human and undeserving of respect and dignity. (By: Michelle Maiese)

The Various Types of Violations; ((By: Michelle Maiese)

Some of the gravest violations of the right to life are massacres, the starvation of
entire populations, and genocide.

WHAT IS GENOCIDE? (ASSIGNMENT)

Genocide is often regarded as the most offensive crime against humanity.

EXAMPLES:
 The Cambodian genocide, was the systematic persecution and killing of
Cambodian citizens by the Khmer Rouge under the leadership of Communist
Party of Kampuchea general secretary Pol Pot. It resulted in the deaths of 1.5
to 2 million people from 1975 to 1979, nearly a quarter of Cambodia's
population in 1975.

 Bosnian Genocide
With the disintegration of Yugoslavia from 1989-1993, in Bosnia, Muslims
formed the largest single religious group with Serbs and Croats in minority in
1971. As the demand for a ‘Greater Serbia’ grew, Bosnian Serb forces, with the
support of the Serb dominated Yugoslav army attacked Bosnian Muslims
(Bosniaks) and Croatians resulting in the annihilation of 100,000 people,
 i.e. 80 percent of Bosnia by 1995. In 1995, the Bosnian Serbs also attacked the
UN protected area of Srebrenica where they systematically committed heinous
sexual crimes on women while killing the men in mass killing sites.

 Kurdish Genocide
In 1987-88, Iraq was a Shia majority country with Kurds as a minority. Under
the Saddam Hussien regime, more than 100,000 Kurds in the northern part
of Iraq were systematically slaughtered. In March 1988, the Iraqi forces used
chemical weapons on Kurds killing thousands of women, children and entire
families.

 Holocaust
The Holocaust was an organised, state-sponsored annihilation of 6 million
Jews by the Nazi regime in Germany under the leadership of Adolf
Hitler. Besides Jews, victims of Holocaust include 200,000 Roma, 2-3 million
Soviet prisoners of war, Polish intelligentsia, homosexuals, mentally and
physically disabled, communists, socialists and trade unionists. The years from
1942-1945 are painted black in the history of humanity due to this act of cruelty.

The term "war crime" refers to a violation of the rules of jus in bello (justice in war)
by any individual, whether military or civilian.
 The laws of armed conflict prohibit attacks on civilians.
 Taking hostages, firing on localities that are undefended and without military
significance, such as hospitals or schools.
 Inhuman treatment of prisoners, including biological experiment.
 Women and girls are often raped by soldiers or forced into prostitution.

(by: Emmaline Soken-Huberty)

Some of the rights people are entitled to are: freedom from torture, freedom of
expression, freedom of the press; freedom of the people to peaceably assemble; freedom
of religious profession or worship; or the right to seek asylum. When these rights are NOT
protected or blatantly disregarded, then there is VIOLATION.

What are the types of human rights violations? Who is responsible for preventing and
addressing them?

Definition and types of human rights violations

Violations can also be 1) intentionally performed by the state and or 2) come as a result of
the state failing to prevent the violation.

1. State or government intentionally commits the human rights violations,

various persons can be involved such as: a) police, b) judges, c) prosecutors, d)
other government officials, and more. The violation can be physically violent in
nature, such as police brutality, while rights such as the right to a fair trial can
also be violated, where no physical violence is involved.
2. Failure by the state to protect – happens when a conflict arises between
individuals or groups within a society. If the state does nothing to intervene
and protect vulnerable people and groups, it’s participating in the violations. If
a person is attacked while walking on the street, the state is responsible for
investigating the crime committed and punishing the person responsible. If the
law enforcers did not properly investigate the crime committed and the victim
was left helpless, it would be a violation of human rights.

Civil and political rights

 Civil rights, which include the right to life, safety, and equality before the
law are considered by many to be “first-generation” rights.
 Political rights, which include the right to a fair trial and the right to vote.

In times of war, genocide, torture and arbitrary arrest happens, then there is a violation of
civil and political rights. Although torture and arbitrary detention may happen at anytime
be committed by the state.

Conflict can also trigger violations of the right to freedom of expression and the right of
peaceful assembly. States are usually responsible for the violations as they attempt to
maintain control and push down rebellious societal forces. Suppressing political rights is a
common tactic for many governments during times of civil unrest.

Human trafficking is currently one of the largest issues on a global scale as millions of
men, women, and children are forced into labor and sexual exploitation.

Religious discrimination is also very common in many places around the world. These
violations often occur because the state is failing to protect vulnerable groups.

Economic, social, and cultural rights

Economic, social, and cultural rights include the right to work, the right to education, and
the right to physical and mental health. These kind of rights can also be violated by the
state or individuals.

The United Nations Office of the High Commissioner for Human Rights gives a handful of
examples of how these rights can be violated.
They include:
 Contaminating water, for example, with waste from State-owned facilities (the right to
health)
 Evicting people by force from their homes (the right to adequate housing)
 Denying services and information about health (the right to health)
 Discriminating at work based on traits like race, gender, and sexual orientation (The
right to work)
 Failing to provide maternity leave (protection of and assistance to the family)
 Not paying a sufficient minimum wage (rights at work)
 Segregating students based on disabilities (the right to education)
 Forbidding the use of minority/indigenous languages (the right to participate in
cultural life)
 OTHER FORMS OF HUMAN RIGHTS VIOLATIONS: (WIKIPEDIA)
 DISCRIMINATION:
-Discrimination is the act of making unfair or prejudicial distinctions between
people based on the groups, classes, or other categories to which they belong or
are perceived to belong, such as race, gender, age, religion, or sexual orientation.
 CHILD ABUSE
-Child abuse is physical, sexual, and/or psychological maltreatment or neglect of a
child or children, especially by a parent or a caregiver.
 ILL-TREATMENT AND TORTURE
 HUMAN TRAFFICKING
-Human trafficking is the trade of humans for the purpose of forced labour, sexual
slavery, or commercial sexual exploitation. Human trafficking can occur within a
country or trans-nationally. It is distinct from people smuggling, which is
characterized by the consent of the person being smuggled.
 CRIME AGAINST HUMANITY
-Crimes against humanity are widespread or systemic criminal acts which are
committed by or on behalf of a de facto authority, usually by or on behalf of a state,
that grossly violate human rights.
 CRIMINALIZATION
-Criminalization or criminalisation, in criminology, is "the process by which
behaviors and individuals are transformed into crime and criminals".

DIFFERENTIATE: NATURAL; CONSTITUTIONAL AND STATUTORY RIGHTS

GIVE 3 EXAMPLES FOR EACH: (ASSIGNMENT)

STAGES OF HUMAN RIGHTS

1. Idealization – notions about human rights have started in the realm of ideas that
reflect a consciousness against oppression, dehumanization or inadequate
performance by the State.
2. Positivization – support for the ideas became strong and the stage is set to
incorporate them into some legal instruments.
3. Realization – rights are enjoyed by the citizens of the State by the
transformation of the social, economic, and political order.

SOURCES OF HUMAN RIGHTS LAWS IN THE PHILIPPINES:

1. Art. III of the 1987 Phil. Constitution (Bill of Rights)
2. United Nations' International Bill of Human Rights, which includes the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and
Cultural Rights, and the International Covenant on Civil and Political Rights and its
two Optional Protocol ( A. FIRST OPTIONAL PROTOCOL - sets out a system by
which the Human Rights Committee can receive and consider complaints from
individuals who allege that their human rights have been violated. B. SECOND
OPTIONAL PROTOCOL - each State Party shall take all necessary measures to
abolish the death penalty within its jurisdiction.)
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

BILL OF RIGHTS (ART. III, 1987 Phil. Constitution)

Sec. 12: (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof

shall be inadmissible in evidence.

(4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.

 The right against self-incrimination is found in Art. III, Sec. 17 of the 1987
Philippine Constitution states that “No person shall be compelled to be a
witness against himself”.

-This is based on the grounds of public policy and humanity — of policy,

because if the party were required to testify, it would place the witness under the
strongest temptation to commit the crime of perjury, and of humanity, because it
would prevent the extorting of confessions by duress [U.S. vs. Navarro, G.R. No.
1272, 11 January 1904].

 2 aspects of the RIGHT AGAINST SELF-INCRIMINATION:

A) the right to refuse to take the witness stand -this is available only to an accused
in a criminal case. Thus, an accused, cannot be compelled, even through a
subpoena or court order, to testify and be a witness.

B) the right to refuse to answer an incriminatory question -this is available to both

the accused and any witness. This is the right to refuse to answer any particular
incriminatory question, i.e., one the answer to which has a tendency to incriminate
him for some crime. It cannot be claimed at any other time. It does not give a
witness the right to disregard a subpoena, decline to appear before the court at the
time appointed, or to refuse to testify altogether. The witness receiving a subpoena
must obey it, appear as required, take the stand, be sworn and answer
questions”. It does not apply to a case where the evidence sought to be excluded is
not an incriminating statement but an object evidence. [People vs. Malimit,
G.R. No. 109775, 14 November 1996]
What is an Object Evidence? (ASSIGNMENT)

 Self-incrimination is the intentional or unintentional act of providing

information that will suggest a person’s involvement in a crime, or expose
of the person to criminal prosecution.

WHAT IS CUSTODIAL INVESTIGATION?

-Any questioning by law enforcement after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the
commission of an offense.

 It commences when a person has been arrested and brought to the custody of
law enforcers in which suspicion is focused on him in particular and questions
are asked from him (the suspect) to elicit admissions or information on the
commission of an offense.

 Custodial Investigation has an expanded definition of custodial

investigation under Republic Act No. 7438, or the Act Defining Certain
Rights of Person Arrested, Detained or Under Custodial Investigation ,
. The law states that investigation shall include the practice of issuing
an invitation to a person who is investigated in connection with an
offense he is suspected to have committed.

Given this, it is incorrect to conclude that custodial investigation is

always the consequence of an arrest. Someone can be considered to be
under custodial investigation when invited for questioning by law
enforcement officers, even though the person has not been formally
arrested.

MIRANDA RIGHTS
MIRANDA RIGHTS are named after the landmark U.S. Supreme Court case Miranda
vs Arizona. Ernesto Miranda was arrested for stealing $8.00 from an Arizona bank
worker. After two hours of questioning, Miranda confessed not only to the robbery but
also to kidnapping and rape. When he was brought in for questioning, he was never
told that need not have to speak to police, or that he could consult with a lawyer. He
simply confessed to the crimes and was found guilty.

 The Miranda doctrine requires that: (a) any person under custodial investigation
has the right to remain silent; (b) anything he says can and will be used against
him in a court of law; (c) he has the right to talk to an attorney before being
questioned and to have his counsel present when being questioned; and (d) if
he cannot afford an attorney, one will be provided before any questioning if he
so desires.
WHAT ARE THE RIGHTS OF A PERSON DURING CUSTODIAL INVESTIGATION?
 The right to be informed of his rights, in a language known to and
understood by him.
– example: the reading of the Miranda Doctrine or custodial rights by police during
his arrest. This carries the correlative obligation on the part of the investigator to
explain and contemplates effective communication which results in the subject
understanding what is conveyed.

 Article III, Section 12 (1) of the Constitution provides that any

person under investigation for the commission of an offense is
guaranteed the following rights:

1. The right to remain silent and to be reminded that anything he says

can and will be used against him
– This refers not only to verbal confessions but also to acts. However, mechanical
acts that does not require the use of intelligence (such as providing DNA samples)
or to answers to general questions are not protected under this right.

2. The right to an attorney or to counsel, preferably of his own choice; if

not, one will be provided for him
– This right is absolute and applies even if the accused himself is a lawyer. The
right is more particularly the right to an independent and competent counsel is
one not hampered with any conflicts of interest, and a competent counsel is one
who is vigilant in protecting the rights of an accused.
-- In People v. Rapeza (G.R. No. 169431), the Supreme Court held that
the purpose of providing counsel to a person under custodial
investigation is to curb the police-state practice of extracting a
confession that leads suspects to make self-incriminating statements. In
order to comply with the constitutional mandate, there should be
meaningful communication to, and understanding of rights by the
suspect, as opposed to a routine, peremptory and meaningless recital
thereof.
--The counsel must be an independent and competent one, preferably of
his own choice. Jurisprudence explains that the lawyer called to be
present during the investigation should be as far as reasonably possible
the choice of the individual undergoing questioning. If the lawyer were
one furnished in the person’s behalf, he should be present and able to
advise and assist his client from the time the latter answers the first
question asked by the investigating officer until the signing of the
extrajudicial confession, if any. The lawyer should ascertain that the
confession is made voluntarily and the person under investigation fully
understands the nature and consequences of his confession in relation to
his constitutional rights.
 Can these rights be waived? (ASSIGNMENT)

3. Right against torture, force, violence, threat, intimidation or any other

means which vitiate the free will of the person.
4. Right against secret detention places, solitary, incommunicado, or
other similar forms of detention.

 Any confession or admission obtained from the person arrested in violation of

these rights are inadmissible in evidence and cannot be used against said
person. This is called the Exclusionary Rule, i.e. it is excluded from the
evidence to be considered by the court during trial. Such confession or
admission is tainted and must be suppressed under the “Fruit of the Poisonous
Tree” Doctrine.

What are examples of mechanical acts that are not protected by the right to
remain silent?
a. Paraffin test
b. DNA test
c. Examination of the physical body
d. Fingerprinting
e. Being asked to step on a footprint to compare foot size
f. Urine sample

REPUBLIC ACT 7438

(AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED
OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF)

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;

Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times
be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his rights
to remain silent and to have competent and independent counsel, preferably of his
own choice, who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person cannot afford the
services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by
the investigating officer in the language or dialect known to such arrested or
detained person, otherwise, such investigation report shall be null and void and of
no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.

EXTRA-JUDICIAL CONFESSION vs. JUDICIAL CONFESSION

Extrajudicial Confession is a confession made out of court, and not as a part of a

judicial examination or investigation; judicial confession is made in a legal
proceeding. Judicial confession is made before a committing magistrate or in a
court in the due course of legal proceedings.

WHEN IS JUDICIAL CONFESSION ADMISSIBLE?

An extra-judicial confession is admissible in evidence if the following requisites
have been satisfied: (1) it must be voluntary; (2) it must be made with the
assistance of competent and independent counsel; (3) it must be express; and (4) it
must be in writing.

The mantle of protection afforded by the above-quoted constitutional provision

covers the period from the time a person is taken into custody for the investigation
of his possible participation in the commission of a crime or from the time he is
singled out as a suspect in the commission of the offense although not yet in
custody. (Pp vs Reyes G.R. No. 178300 March 17, 2009)

(e) Any waiver by a person arrested or detained under the provisions of Article 125
of the Revised Penal Code, or under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel; otherwise the waiver shall be
null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national non-governmental

organization duly accredited by the Commission on Human Rights of by any

international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

WHAT IS CUSTODIAL INVESTIGATION UNDER R.A. 7438?

-"custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the "inviting" officer for any violation
of law.

WHO OVERSEES THE FULFILLMENT AND PROTECTION OF HUMAN RIGHTS

IN THE PHILIPPINES? (ASSIGNMENT)

SEC. 18, ART XIII, 1987 PHIL. CONSTITUTION

SECTION 18. The Commission on Human Rights shall have the following powers
and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt
for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to

enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and
to provide for compensation to victims of violations of human rights, or their
families;
(7) Monitor the Philippine Government’s compliance with international treaty
obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

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