Human Rights [PDF]

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Republic of the Philippines University of Southern Mindanao Kabacan, Cotabato COLLEGE OR ARTS AND SOCIAL SCIENCES Department of Criminal Justice Education Criminology Review Center HUMAN RIGHTS EDUCATION (CLJ 311) CMO No. 05, Series of 2018 DIANA A.GUILLERMO JULIE M. GUTOMAN July 2022 UTILIZATION PERMIT The outline of this review material has been examined and has complied with the Professional Regulations Commission (PRC) and Commission on Higher Education (CHED) Table of Specification (TOS) for Criminology Board Examination per CMO No. 05, Series of 2018. Prof. ROLLY C. SOTTO, MSCrim. Coordinator, DCJE Review Center Dr. VICENTE T. DELOS REYES, PhD Chairperson, DCJE Dr. MARCOS F. MODNERIN, JD Dean, CASS COURSE OUTLINE 2022

Content

Table. 1 Fused PRC and CHED TOS for Human Rights Education (CLJ 311) Page

CHAPTER 1 - INTRODUCTION The Spread of Human Rights The Magna Carta Petition of Right United States Declaration of Independence The Constitution of the United States of America and Bill of Rights Declaration of the Rights of Man and of the Citizen The First Geneva Convention The United Nation The Universal Declaration of Human Rights Theories of Sources of Rights CHAPTER 2 - HUMAN RIGHTS Human Rights Definition Fundamental Concepts of Human Rights Human Rights Education

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Core Principles of Human Rights Major Categories Of Human Rights Freedom versus Human Rights The State/Government, its Police Power, and Human Rights State and Non-State Actors on Human Rights The Universal Declaration of Human Rights; Children; Women; Prisoners; State Actors and NonState Actor Human Rights Legal Framework in the Philippines Comparison of Rights Under the Bill of Rights and Other Rights Granted by The Constitution CHAPTER 3- BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS Importance of the Statutory Rights of the accused and victims Statutory Rights: Rights of the Accused Rights of a Person under Custodial Investigation Rights of Detained Persons or Persons Deprived of Liberty The rights of the arrested person with and without warrant Rights Against Deprivation of Liberty Women and Children’s Rights Rights of Cultural Minorities or Indigenous people’s Rights Rights of Prisoners Human Rights and the CJS CHAPTER 4 - CONVENTIONS ON HUMAN RIGHTS The UN and International Conventions on Rights of Prisoners of War, and In Conflict Areas CHAPTER 5 - HUMAN RIGHTS AND THE COURTS OF JUSTICE Human Rights and Municipal Courts of Law International Criminal Court International Court of Justice APPENDICES Definition of Terms Source: 2021 COMPARISON OF CONTENT CHED VS PRC TOS FIRST SEM COURSES/SUBJECTS. CHED A - 2021 CHED COMMON CONTENT for Criminology Board Examination B - 2021 PRC TOS for Criminology Board Examination. C - Author’s own version.

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Chapter 1 INTRODUCTION History of Human Rights Cyrus the Great - the first king of Persia, frees the slaves of Babylon, 539 B.C. But it was his next actions that marked a major advance for Man. He freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script. Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world’s first charter of human rights. It is translated into all six official languages of the United Nations and its provisions parallel the first four Articled of the Universal Declaration of Human Rights. The Spread of Human Rights From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of ― natural law arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature things. Documents asserting individual rights are the following: 1. Magna Carta (1215) 2. The Petition of right (1628) 3. US Constitution (1787) 4. French Declaration of the Rights of Man and of the Citizen (1789) 5. US Bill of Rights (1791) are the written precursors to many of today’s human rights documents. The Magna Carta (1215) Magna Carta - Great Charter (Latin) This was signed by the King of England in 1215, was a turning point in human rights. In 1215, after King John of England violated a number of ancient laws and customs by which England had been governed, his subject forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them were: a. The right of the church to be free from governmental interference b. The rights of all free citizens to own inherit property and to be protected from excessive taxes. c. It established the right of widows who owned property to choose not to remarry, d. Established principles of due process and equality before the law. e. It also contained provisions forbidding bribery and official misconduct. Petition of Right (1628) The English Parliament sent this statement of civil liberties to King Charles I. Sir Edward Coke – initiated Petition of Right which was produced by the English Parliament. It asserted four principles based upon earlier statues and charters: a. No taxes may be levied without consent of Parliament, b. No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus), c. No soldiers may be quartered upon the citizenry, and d. Martial law may not be used in time of peace. United States Declaration of Independence (1776) Thomas Jefferson - (author) penned the American Declaration of Independence. Human Rights Education

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July 4, 1776 - the United States Congress ap proved the Declaration of Independence. Declaration stressed two themes: A. individual rights and, B. The right of revolution. These ideas became widely held by Americans and spread internationally as well, influencing in particular the French Revolution. The Constitution of the United States of America (1787) and Bill of Rights (1791) a. Bill of Rights of the US Constitution - protects basic freedoms of United States citizens. b. Written during the summer of 1787 in Philadelphia. c. The Constitution of the United States of America - is the fundamental law of the US federal system of government and the landmark document of the Western world. d. It is the oldest written national constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens. The first ten amendments to the Constitution - the Bill of Rights – came into effect on December 15, 1791, limiting the powers of the federal government of the United States and protecting the rights of all citizens residents and visitors in American territory. Declaration of the Rights of Man and of the Citizen (1789) In 1789 the people of France brought about the abolishment of the absolute monarchy and set the stage for the establishment of the first French Republic. The Declaration proclaims that all citizens are to be guaranteed the rights of ―liberty, property, security, and resistance to oppression. It argues that the need for law derives from the fact that ―… the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same right. Thus, the Declaration sees law as an ― expression of the general will, intended to promote this equality of rights and to forbid ― only actions harmful to the society. The First Geneva Convention (1864) a. The original document from the first Geneva Convention in 1864 provided for care to wounded soldiers. b. The diplomatic conference was held for the purpose of adopting a convention for the treatment for wounded soldiers in combat. c. The main principles laid down in the Convention and maintained by the later Geneva Conventions provided for the obligation to extend care without discrimination to wounded and sick military personnel and respect for and marking of medical personnel transports and equipment with the distinctive sign of the red cross on a white background. The United Nations (1945) April 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal of the United Nations Conference on International Organization was to fashion an international body to promote peace and prevent future wars. The ideals of the organization were stated in the preamble to its proposed charter: ―We the peoples of the United Nations are determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind. The Charter of the new United Nations organization went onto effect on October 24, 1945, a date that is celebrated each year as United Nations Day.

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The Universal Declaration of Human Rights October 24, 1945, in the aftermath of World War II, the United Nations came into being as an intergovernmental organization, with the purpose of saving future generations from the devastation of international conflict. December 10, 1948. United Nations representatives from all regions of the world formally adopted the Universal Declaration of Human Rights. 1. 2. 3. 4. 5. 6.

The Charter of the United Nations established six principles bodies: General Assembly Security Council International Court of Justice Economic and Social Council ( ECOSOC) Secretariat Trusteeship Council Theories of Sources of Rights:

1.

Religious/Theological Approach - A basis of human rights theory stemming from a law higher than the state and whose source is the Supreme Being. a. Human rights are not concessions granted by human institutions or states, or any international organization as they are God-given rights. b. Central to the doctrines of all religions is the concept of dignity of man as a consequence of human rights. c. The divine source gives human beings a high value of worth. d. The belief of a universal common creation means a common humanity and consequently universal, basic and fundamental rights. And since rights come from a divine source, they are inalienable and cannot be denied by mortal beings. Criticism: Some religions impose so many restrictions on individual freedom; some religions even tolerate slavery, discrimination against women, and imposition of the death penalty 2. Natural Law Theory - Originated from the Stoics and elaborated by Greek philosophers and later by ancient Roman law jurists. a. Perceives that the conduct of men must always conform to the law of nature. b. Natural law embodies those elementary principles of justice which were right reason, i.e., in accordance with nature, unalterable, eternal. Philosophers of the Natural Law: Thomas Aquinas – considered natural law as the law of right reason in accordance with the law of God, commonly known as the scholastic natural law Hugo Grotius – the natural characteristics of human beings are the social impulse to live peacefully and in harmony with others whatever conformed to the nature of men as natural human beings was right and just; whatever is disturbing to social harmony is wrong and unjust John Locke – envisioned human beings in a state of nature, where they enjoyed life, liberty and property which are deemed natural rights

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Nuremberg Trials – rationale for finding the Nazis guilty: the crimes committed were offenses against humanity and there is no need of a law penalizing the acts 3. Positivist Theory/Legal Positivism All rights and authority come from the state and what officials have promulgated. The only law is what is commanded by the sovereign. The source of human rights is to be found only in the enactment of a law with sanctions attached. A right is enjoyed only if it is recognized and protected by legislation promulgated by the state. 4. Historical Theory Advocates that human rights are not deliberate creation or the effort of man but they have already existed through the common consciousness of the people of what is right and just. Human rights exist through gradual, spontaneous and evolutionary process without any arbitrary will of any authority. 5. Theory of Marxism a. Emphasizes the interest of society over an individual man’s interest. Individual freedom is recognized only after the interest of society is served. b. Concerned with economic and social rights over civil or political rights of community. c. Referred to as “parental” with the political body providing the guidance in value choice. But the true choice is the government set by the state 6. Functional/Sociological Approach a. Human rights exist as a means of social control, to serve the social interests of society. b. It lays emphasis of obtaining a just equilibrium of multifarious interests among prevailing moral sentiments and the social and economic conditions of the time and place. 7. Utilitarian Theory a. Seeks to define the notion of rights in terms of tendencies to promote specified ends such as common good. b. Every human decision was motivated by some calculation of pleasure and pain. The goal is to promote the greatest happiness of the greatest number. c. Everyone is counted equally, but not treated equally. d. Requires the government to maximize the total net sum of citizens. e. An individual cannot be more important than the entire group. A man cannot simply live alone in disregard of his impulse to society. f. The composite society of which the individual is a unit has on its own wants, claims and demands. An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community. 8. Theory Based on Dignity of Man/Policy Science Approach Human Rights Education

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a. Human rights means sharing values of all identified policies upon which human rights depend on. b. The most important values are respect, power, knowledge, health, and security. c. The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. d. All available resources are utilized to the maximum and the protection of human dignity is recognized. 9. Theories of Justice a. Each person possesses inviolability founded on justice. b. The rights secured for justice are not subject to political bargaining or to social interests. c. Each person has equal rights to the whole system of liberties. There is no justice in a community where there are social and economic inequalities. d. The general conception of justice is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to be distributed equally. 10. Theory Based on Equality and Respect of Human Dignity a. The recognition of individual rights in the enjoyment of the basic freedoms such as freedom of speech, religion, assembly, fair trial and access to courts. b. Governments must treat all their citizens equally. For this purpose, the government must intervene in order to advance general welfare.

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Chapter 2 HUMAN RIGHTS Definition of Terms 1. Human – A human being, especially a person as distinguished from an animal. 2. Rights - an entitlement to something, whether to concepts like justice and due process, or to ownership of property or some interest in property, real or personal. 3. Education - The process of receiving or giving systematic instruction especially at a school or university. 4. Fundamental - Forming a necessary base or core; of central importance; A central or primary rule or principle on which something is based. 5. Concept - is something conceived in the mind: Thought, Notion. An abstract or generic idea generalized from particular instances. 6. Principle - A fundamental truth or proposition that serves as the foundation for a system of belief or behavior or for chain of reasoning. 7. Human Rights: Basic rights and freedom that belong to every person in the world from birth until death . They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away , although they can be sometimes restricted- for example if a person breaks the law, or in the interests of national security. These basic rights are based on shared values like dignity, fairness, equality, respect and independence.

   

Fundamental Concepts of Human Rights 1. Universal - Everyone is born with and possessed the same rights regardless of their background, nationality, place or living or status. 2. Indivisible - All rights are equally important and cannot be separated from each other. 3. Inalienable - All human rights are non-derogable and cannot be removed by any political order. 4. Interdependent - Rights – political, civil, social, cultural and economic- are connected and none can be fully enjoyed without the others. Core Principles of Human Rights 1. 2. 3. 4. 5.

Dignity Fairness Equality Respect Independence Major Categories of Human Rights

1. 2.

Civil and political Economic, Social and Cultural

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Civil and Political - Are said to be “classic” and are known as “liberty oriented human rights” because they provide, protect and guarantee individual liberty to an individual against the State and its agencies. Example: a. b. c. d. e. f.

Right to life Right to freedom from torture Right to a fair trial Right to freedom of assembly and association Right to liberty and security Right to freedom from discrimination Economic, Social and Cultural - Developed in the aftermath of WW II against the background of growing inequalities and the changed view of the state’s role in an industrializing world more economic resources and positive action from the State, and have thus been referred as “rights-debts”. It is known as “security-oriented rights” because those rights jointly provide a guarantee the essential security in life of an individual: a. b. c. d.

Right to an adequate standard of living Right to education Right to a healthy environment Right to social security

One of their particular features is the ‘progressive realization” Classification of Rights Based on Available Resources 1. According to Source a. Natural Rights - God-given rights, acknowledged by everybody to be morally good. It is unwritten but prevail as norms of the society. b. Constitutional Rights - Conferred and protected by the Constitution and which cannot be modified or taken away by the law-making body. c. Statutory Rights - Those rights which are provided by law promulgated by the law-making body. These may be abolished by the body that created them. 2. According to Recipient a. Individual Rights - accorded to individuals. b. Collective Rights - Also called “people’s rights” or “solidarity rights.” Rights of the society, those that can be enjoyed only in company with others. 3. According to Aspect of Life a. Civil Rights - Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. It partake of the nature of political rights when they are utilized as a means to participate in the government. b. Political Rights - Rights which enable us to participate in running the affairs of the government either directly or indirectly. c. Economic and Social Rights - Those which the law confers upon the people to enable them to achieve social and economic development. d. Cultural Rights - Rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. 4. According to Struggle for Recognition a. First Generation Rights - Civil and political rights which derives primarily from the 17th and 18th centuries’ reformist theories. b. Second Generation Rights - Covers economic, social, and cultural rights which find their origin primarily in the socialist tradition. Human Rights Education

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c. Third Generation Rights - Covers collective rights. 5. According to Derogability a. Absolute or Non-Derogable Rights - Those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency and even if the government invokes national security. b. Derogable or Can-Be-Limited Rights - May be suspended or restricted or limited. Must satisfy three requirements for it to be valid: 1) It is provided for by law which is made known to every citizen; 2) There is a state of emergency which necessitates the urgent preservation of the public good, public safety, and public moral; 3) It does not exceed what is strictly necessary to achieve the purpose. Rights Versus Freedom Rights Legal and moral entitlements Protected by the law Entitle you to freedom

Freedom Absence of necessity, coercion, or constraint in choice or action Protected by rights Granted by rights

States- have the legal obligation to protect and promote human rights, including the right to social security, and ensure that people can realize their rights without discrimination. Police Officers- must promote and protect human rights because this task lies at the very core of maintaining peace and order, ensuring public safety, and upholding the rule of law in the country. The State and Non-State Actors on Human Rights Non-state Entities Take On Various Forms: Ngos, Both National And International; indigenous And Minority Groups; (Semi-) Autonomous Groups; Human Rights Defenders ;terrorists; Paramilitary Groups; Autonomous Areas; Internationalized Territories; multinational Enterprises; And, Finally, Individuals. Many Of These Groups Promote Human Rights While Others, On The Contrary, Condone Crimes or Even Commit Crimes affecting The Lives and Human Rights of Individuals. State Actors on Human Rights The Parliaments, Courts, National Human Rights Institutions, Security Forces, Central and Local Governments who play A central role in the protection and promotion of human rights at the domestic level. They are the duty bearers of a state's obligation to respect, protect and fulfil human rights. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Universal Declaration of Human Rights (UDHR)  milestone document in the history of human rights.  Drafted by representatives with different legal and cultural backgrounds from all regions of the world  Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations.  It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages. Human Rights Education

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 The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels  generally agreed to be the foundation of international human rights law  It represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights  The drafting commission was a suitably diverse bunch, with Eleanor Roosevelt (wife of US President Franklin Delano Roosevelt) chairing, and various members from countries such as Lebanon, China, France, Chile and the Philippines, to mention a few. Six Principle Charter Bodies of the United Nations 1. General Assembly  Exercises deliberative, supervisory, financial and elective functions relating to any matter within the scope of the UN Chapter.  Primary role: discuss issues and make recommendations. 2. Security Council  UN Charter assigns to the Security Council primary responsible for the maintenance of international peace and security.  COMPOSITION: (15 members) 5- permanent 10 - Non-permanent  Note: elected by the General Assembly for 2 years. 3. International Court Of Justice  Commonly known as the World Court.  principal judicial organ of the United Nations, through the court’s origins predate the league of the nations.    

4. Economic and Social Council ( ECOSOC) Designed for the discussion of the international economic and social issues. Directs and coordinates the economic, social, humanitarian and cultural activities of the UN Charter. 5. Secretariat Secretary-general- principal administrative officer of the UN. Elected for five-year renewable term by a two-thirds vote of the General assembly and by the recommendation of the Security council and approval of its permanent members. 6. Trusteeship Council  Designed to supervise the government of trust territories and to lead them to self- government or independence Content of the Universal Declaration of Human Rights This contains 30 articles, and covers the most fundamental rights and freedoms of people (collectively and individually) everywhere in the world. The articles can be divided into 6 groups. The Preamble, remember, is like the steps leading to a house. Articles 1 and 2 - the foundation blocks on which the UDHR is built. They reaffirm human dignity, equality and brotherhood. Articles 3-11 - the house’s first column. They are the rights of the individual: the right to life, outlawing of slavery or torture, equality before the law, the right to a fair trial etc. Articles 12-17 - the second column. These are the rights of individuals within civil and political society. They include freedom of movement, the right to a nationality, the right to marry and found a family, as well as the right to own property.

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Articles 18-21 - column number three. They are the spiritual and religious rights of individuals, such as freedom of thought and conscience (i.e. religion), the right to your own opinion, the right to peaceful assembly and association, and the right to vote and take part in government. Articles 22-27 - the final column to the UDHR house. They are the social, economic and cultural rights of the individual. They include the right to work, the right to rest and leisure, the right to a decent standard of living, and the right to education. The final three articles, 28-30, - the pediment that binds these four columns together. They remind us that rights come with obligations, and that none of the rights mentioned in the UDHR can be used to violate the spirit of the United Nations(Remember: the Preamble, or steps to the house, establishes this spirit). Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3. Everyone has the right to life, liberty and security of person. Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Human Rights Education

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Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9. No one shall be subjected to arbitrary arrest, detention or exile. Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13. Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country. Article 14. Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15. Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17. Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Human Rights Education

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Article 20. Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. Article 21. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. 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 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29. Everyone has duties to the community in which alone the free and full development of his personality is possible. Human Rights Education

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In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XIII ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. LABOR Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and  promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. AGRARIAN AND NATURAL RESOURCES REFORM Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing. Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers’ organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

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Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. URBAN LAND REFORM AND HOUSING Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners. Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. HEALTH Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country’s health needs and problems. Section 13. The State shall establish a special agency for disabled persons for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society. WOMEN Section 14. 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. ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS Section 15. The State shall respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. Human Rights Education

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Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. HUMAN RIGHTS Section 17. (1) There is hereby created an independent office called the Commission on Human Rights. (2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law. (3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers. (4) The approved annual appropriations of the Commission shall be automatically and regularly released. 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 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. Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

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Parameter Comparison Meaning

1 Comparison Table between Constitution and Bill Of Rights Constitution Bill of rights

of

Function

Position

Limitation

The constitution is defined as a right that gives limited power to the state, federal, and local governments. It tells how government arms follow, rules that civil officials follow, and the rules, rights, and limitations for the citizens. The constitution is an independent documentary about different rules. The constitution builds government and the whole citizenry.

The Bill of Rights is the first ten amendments to the united constitution.  This act gives a guarantee of our freedom. It tells the right that every citizen has, and the government and other people should protect it. The Bill of Rights comes under the constitution act. The Bill of rights tells about the rights of every citizen in the country.

What is Constitution? A constitution is defined as a body that consists of fundamental principles and established precedents which an organization, state, or other entity knowledge to be followed. The constitution is also referred to as the body of a system or law of rules and law. The constitution builds the country’s structure and the function of the arm of the government or each arm of the land. What is Bill Of Rights? A bill of rights is defined as an assertion or formal declaration of the citizen’s legal and  civil rights, which any county’s state or federal government enjoys. Bill of Rights is also called a declaration of rights or charter of rights. It is entrenched in many cases, but only in extreme needs; it can make it entrenched, just like when the person’s normal behavior is regarded as a threat to other people. CHAPTER 3- BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS

1.

BILL OF RIGHTS (ART. III, 1987 Philippine Constitution)   The Bill of Rights under this article is classified into two groups as followed:  Basic rights of the individual 2. Rights of the accused Basic Rights of the Individual 1. The right to life, liberty, or property, and equal protection of the law (Sec.1). 2. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizure ( Sec. 2) 3. The right of privacy of communication and correspondence (Sec. 3, (1) 4. The right of freedom of speech, of expression, or of the press, or the right of the people to assemble peaceably to petition the government for redress of grievances (Sec. 4). Human Rights Education

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5. The right of free exercise and enjoyment of religion (Sec. 5) 6. The right of the people to information on matters of public concern (Sec. 7) Rights of the Accused   1. The right to be informed of his right to remain silent and to counsel (Sec. 12, (1) 2. The right to bail (Sec. 13) 3. The right to be presumed innocent until the contrary is proven, and the right to be heard by himself or counsel (Sec. 14, (2) 4. The right to be informed of the nature and cause of the accusation against him (Sec. 14, (2) 5. The right to have a speedy, impartial, and public trust ( Sec. 14 (2) 6. The right to meet the witnesses face to face (Sec. 14, (2) 7. The right to a speedy disposition of his case before a judicial, quasi-judicial or administrative body (Sec. 16) Rights of the Victim 1. To have their allegations investigated 2. To be informed of the progress of the investigation 3. To be informed of their role as a witness 4. To be protected from accused 5. To make a victim impact statement Republic Act No. 7438

April 27, 1992

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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 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.lawphi1Ÿ (c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumb marked 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. (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. Human Rights Education

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(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. As used in this Act, "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. Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes. The assisting counsel other than the government lawyers shall be entitled to the following fees; (a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies; (b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies; (c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense. The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees. In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code. Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense. The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. (b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1© The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape. Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly. Human Rights Education

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Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines. Approved: April 27, 1992 Rights of Detained Persons or Persons Deprived of Liberty Section 30 of the Human Rights Act 2019 says that: 1. All persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person. 2. An accused person who is detained or a person detained without charge must be segregated from persons who have been convicted of offences, except where reasonably necessary. 3. An accused person who is detained or a person detained without charge must be treated in a way that is appropriate for a person who has not been convicted. Republic Act 9262: Anti-Violence Against Women and Their Children Act of 2004 SECTION 1. Short Title.– This Act shall be known as the “Anti-Violence Against Women and Their Children Act of 2004.” SECTION 2. Declaration of Policy.– It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. SECTION 3. Definition of Terms.– As used in this Act: 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 marital 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.

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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; 2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. Destroying household property; 4. Controlling the victims’ own money or properties or solely controlling the conjugal money or properties. (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 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: (b) “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. (c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. (d) “Stalking” refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. (e) “Dating relationship” refers to a situation wherein the parties live as husband and 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 ordinary socialization between two individuals in a business or social context is not a dating relationship. (f) “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child. (g) “Safe place or shelter” refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. (h) “Children” refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care. SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. 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 acts: (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (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 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 restricting the woman’s or her child’s freedom of movement or conduct by force or threat of Human Rights Education

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force, physical or other harm or threat of physical or other harm, or 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 restricting the woman’s or her child’s movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (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 insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; and (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through 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 Sec. 5 hereof shall be punished according to the following rules: (a) Acts falling under Sec. 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 Sec. 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 Sec. 5(c) and 5(d) shall be punished by arresto mayor; (c) Acts falling under Sec. 5(e) shall be punished by prision correccional; (d) Acts falling under Sec. 5(f) shall be punished by arresto mayor; (e) Acts falling under Sec. 5(g) shall be punished by prision mayor; Human Rights Education

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(f) Acts falling under Sec. 5(h) and Sec. 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 Sec. 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 7. Venue.– The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant. 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 Sec. 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 Sec. 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; (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 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 authority to investigate on the offender and take appropriate action on matter; Human Rights Education

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(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 Sec. shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute ‘ity 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 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following: (a) The offended party; (b) Parents or guardians of the offended party; (c) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; (d) Officers or social workers of the DSWD or social workers of local government units (LGUs); (e) Police officers, preferably those in charge of women and children’s desks; (f) Punong Barangay or Barangay Kagawad; (g) Lawyer, counselor, therapist or healthcare provider of the petitioner; (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed. SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Sec. 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court. SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information: (a) names and addresses of petitioner and respondent; (b) description of relationships between petitioner and respondent; (c) a statement of the circumstances of the abuse; (d) description of the reliefs requested by petitioner as specified in Sec. 8 herein; (e) request for counsel and reasons for such; (f) request for waiver of application fees until hearing; and (g) an attestation that there is no pending application for a protection order in another court. If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing. An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

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Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention. SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months. SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO. However, a private counsel offering free legal service is not barred from representing the petitioner. SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service. The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing. Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made. The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent. Human Rights Education

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The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist. SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: “VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.” SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous Sec. without justifiable cause shall render the official or judge administratively liable. SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act. SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order. SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application. Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children. SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(i). The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the courts. SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sec.s 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. Human Rights Education

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SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any 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 battered woman syndrome at the time of the commission of the crime, the courts 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. 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 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act: a) communicate with the victim in a language understood by the woman or her child; and b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants. SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties: (a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s; (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view; (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital; (d) assist the victim in removing personal belongs from the house; (e) assist the barangay officials and other government officers and employees who respond to a call for help; (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts; (g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and (h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs). Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability. SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall: (a) properly document any of the victim’s physical, emotional or psychological injuries; Human Rights Education

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(b) properly record any of victim’s suspicions, observations and circumstances of the examination or visit; (c) automatically provide the victim free of charge a medical certificate concerning the examination or visit; (d) safeguard the records and make them available to the victim upon request at actual cost; and (e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them. SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts. It shall be the duty of the concerned government agencies and LGU’s to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act. SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act. Failure to comply with this Sec. shall render the official or judge administratively liable. SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom. SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights: (a) to be treated with respect and dignity; (b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office; (c) To be entitled to support services form the DSWD and LGUs’ (d) To be entitled to all legal remedies and support as provided for under the Family Code; and (e) To be informed of their rights and the services available to them including their right to apply for a protection order. SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages. SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act. SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). – In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies: Human Rights Education

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(a) Department of Social Welfare and Development (DSWD); (b) National Commission on the Role of Filipino Women (NCRFW); (c) Civil Service Commission (CSC); (d) Commission on Human rights (CHR) (e) Council for the Welfare of Children (CWC); (f) Department of Justice (DOJ); (g) Department of the Interior and Local Government (DILG); (h) Philippine National Police (PNP); (i) Department of Health (DOH); (j) Department of Education (DepEd); (k) Department of Labor and Employment (DOLE); and (l) National Bureau of Investigation (NBI). These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives. The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. 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.

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Any employer who shall prejudice the right of the person under this Sec. 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). SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA). The Gender and Development (GAD) Budget of the mandated agencies and LGU’s shall be used to implement services for victim of violence against women and their children. SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act. SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application. SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid, the other Sec.s or provisions shall not be affected. SECTION 50. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SECTION 51. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation. Approved: March 08, 2004

Republic Act 8371: The Indigenous Peoples Rights Act of 1997 AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES. CHAPTER l GENERAL PROVISIONS Section 1. Short Title.– This Act shall be known as “The Indigenous Peoples Rights Act of 1997.“ Sec. 2. Declaration of State Policies.– 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;

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    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;     c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies;     d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinctions or discriminations;     e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population and     f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities. Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, their rights to their ancestral domains. CHAPTER ll DEFINITION OF TERMS Sec. 3. Definition of Terms.– For purposes of this Act, the following terms shall mean: a) Ancestral Domains – Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; b) Ancestral Lands – Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots; c) Certificate of Ancestral Domain Title – refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law; d) Certificate of Ancestral Lands Title – refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands; e) Communal Claims – refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory f) Customary Laws – refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs; g) Free and Prior Informed Consent – as used in this Act shall mean the consensus of all members of the ICCs/IPs to; be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language an process understandable to the community; h) Indigenous Cultural Communities/Indigenous Peoples – refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who Human Rights Education

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retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains; i) Indigenous Political Structure – refer to organizational and cultural leadership systems, institutions, relationships, patterns and processed for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or any other tribunal or body of similar nature; j) Individual Claims – refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots; k) National Commission on Indigenous Peoples (NCIP) – refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs; l) Native Title – refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest; m) Nongovernment Organization – refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves; n) People’s Organization – refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs; o) Sustainable Traditional Resource Rights – refer to the rights of ICCs/IPs to sustainably use,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices; and p) Time Immemorial – refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. CHAPTER III RIGHTS TO ANCESTRAL DOMAINS Sec. 4. Concept of Ancestral Lands/Domains.– Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area which the ICCs/IPs possess, occupy and use and to which they have claims of ownership. Sec. 5. Indigenous Concept of Ownership.– Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights. Sec. 6. Composition of Ancestral Lands/Domains.– Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act. Sec. 7. Rights to Ancestral Domains.– The rights of ownership and possession of ICCs/IPs t their ancestral domains shall be recognized and protected. Such rights shall include:     a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains;     b. Right to Develop Lands and Natural Resources.- Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, 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 the project; and the right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights;     c. Right to Stay in the Territories– The right to stay in the territory and not be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain. Human Rights Education

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Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to exist. When such return is not possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and legal status at least equal to that of the land previously occupied by them, suitable to provide for their present needs and future development. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury;     d. Right in Case of Displacement.– In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable 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. Sec. 8. Rights to Ancestral Lands.– The right of ownership and possession of the ICCs/IPs, to their ancestral lands shall be recognized and protected.     a. Right to transfer land/property.- Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned.     b. Right to Redemption.– In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs,or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer. Sec. 9. Responsibilities of ICCs/IPs to their Ancestral Domains.– ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities:     a. Maintain Ecological Balance– To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves;     b. Restore Denuded Areas– To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and     c. Observe Laws– To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. Sec. 10. Unauthorized and Unlawful Intrusion.- Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs. Sec. 11. Recognition of Ancestral Domain Rights.– The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated. Sec. 12. Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land Registration Act 496.– Individual members of cultural communities, with respect to individually-owned ancestral lands who, by themselves or through their predecessors-in -interest, have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496. Human Rights Education

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For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural lands. The option granted under this Section shall be exercised within twenty (20) years from the approval of this Act. CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Sec. 13. Self-Governance.– The State recognizes the inherent right of ICCs/IPs to self-governance and selfdetermination and respects the integrity of their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development. Sec. 14. Support for Autonomous Regions.– The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use the form and content of their ways of life as may be compatible with the fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recognized human rights. Sec. 15. Justice System, Conflict Resolution Institutions and Peace Building Processes.- The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights. Sec. 16. Right to Participate in Decision -Making.- ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils. Sec. 17. Right to Determine and Decide Priorities for Development.– The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the formulation,implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect them. Sec. 18. Tribal Barangays.– The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay in accordance with the Local Government Code on the creation of tribal barangays. Sec. 19. Role of Peoples Organizations.– The State shall recognize and respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and collective interests and aspirations through peaceful and lawful means. Sec. 20. Means for Development /Empowerment of ICCs/IPs.– The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed therefor. CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS Sec. 21. Equal Protection and Non-discrimination of ICCs/IPs.– Consistent with the equal protection clause of the Constitution of the Republic of the Philippines, the Charter of the United Nations, the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law, the State shall, with due recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities, basic services, educational and other rights and privileges available to every

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member of the society. Accordingly, the State shall likewise ensure that the employment of any form of force of coersion against ICCs/IPs shall be dealt with by law. The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous women. Towards this end, no provision in this Act shall be interpreted so as to result in the diminution of rights and privileges already recognized and accorded to women under existing laws of general application. Sec. 22. Rights during Armed Conflict.– ICCs/IPs have the right to special protection and security in periods of armed conflict. The State shall observe international standards, in particular, the Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency and armed conflict, and shall not recruit members of the ICCs/IPs against their will into armed forces, and in particular, for the use against other ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under any circumstance; nor force indigenous individuals to abandon their lands, territories and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition. Sec. 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment.– It shall be the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities as other occupationally-related benefits, informed of their rights under existing labor legislation and of means available to them for redress, not subject to any coercive recruitment systems, including bonded labor and other forms of debt servitude; and equal treatment in employment for men and women, including the protection from sexual harassment. Towards this end, the State shall within the framework of national laws and regulations, and in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities, to the extent that they are not effectively protected by the laws applicable to workers in general. ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers’ conditions. They shall likewise have the right not to be subject to working conditions hazardous to their health, particularly through exposure to pesticides and other toxic substances. Sec. 24. Unlawful Acts Pertaining to Employment.- It shall be unlawful for any person:     a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and     b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act. Sec. 25. Basic Services.– The ICC/IP have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security. Particular attention shall be paid to the rights and special needs of indigenous women, elderly, youth, children and differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government ‘s basic services which shall include, but not limited to water and electrical facilities, education, health and infrastructure. Sec. 26. Women.- ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of life. The participation of indigenous women in the decision-making process in all levels, as well as in the development of society, shall be given due respect and recognition. The State shall provide full access to education, maternal and child care, health and nutrition, and housing services to indigenous women. Vocational, technical, professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life. As far as possible, the State shall ensure that indigenous women have access to all services in their own languages. Sec. 27. Children and Youth.– The State shall recognize the vital role of the children and youth of ICCs/IPs in nationbuilding and shall promote and protect their physical, moral, spiritual, moral, spiritual, intellectual and social wellbeing. Towards this end, the State shall support all government programs intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of the indigenous children and youth. Human Rights Education

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Sec. 28. Integrated System of Education.– The State shall, through the NCIP, provide a complete, adequate and integrated system of education, relevant to the needs of the children and Young people of ICCs/IPs. CHAPTER VI CULTURAL INTEGRITY Sec. 29. Protection of Indigenous Culture, traditions and institutions.– The state shall respect, recognize and protect the right of the ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation of national plans and policies. Sec. 30. Educational Systems.– The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system, public or cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State. Sec. 31. Recognition of Cultural Diversity.– The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education, public information and cultural-educational exchange. Consequently, the State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society. Furthermore, the Government shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values. Sec. 32. Community Intellectual Rights.- ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs. Sec. 33. Rights to Religious, Cultural Sites and Ceremonies.- ICCs/IPs shall have the right to manifest, practice, develop teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right to use and control of ceremonial object; and the right to the repatriation of human remains. Accordingly, the State shall take effective measures, in cooperation with the burial sites, be preserved, respected and protected. To achieve this purpose, it shall be unlawful to:     a. Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and     b. Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage. Sec. 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. – ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts. Sec. 35. Access to Biological and Genetic Resources.– Access to biological and genetic resources and to indigenous knowledge related to the conservation, utilization and enhancement of these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities, obtained in accordance with customary laws of the concerned community. Sec. 36. Sustainable Agro-Technical Development. – The State shall recognize the right of ICCs/IPs to a sustainable agro-technological development and shall formulate and implement programs of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the Human Rights Education

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ICCs/IPs and shall encourage cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs. Sec. 37. Funds for Archeological and Historical Sites. – The ICCs/IPs shall have the right to receive from the national government all funds especially earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies. CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) Sec. 38. National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP).– to carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto. Sec. 39. Mandate.- The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions. Sec. 40. Composition.– The NCIP shall be an independent agency under the Office of the President and shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That at least two (2) of the seven (7) Commissioners shall be women. Sec. 41. Qualifications, Tenure, Compensation.– The Chairperson and the six (6) Commissioners must be natural born Filipino citizens, bonafide members of ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked for at least ten (10) years with an ICC/IP community and/or any government agency involved in ICC/IP, at least 35 years of age at the time of appointment, and must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7) Commissioners shall be the members of the Philippine Bar: Provided, further, That the members of the NCIP shall hold office for a period of three (3) years, and may be subject to re-appointment for another term: Provided, furthermore, That no person shall serve for more than two (2) terms. Appointment to any vacancy shall only be for the unexpired term of the predecessor and in no case shall a member be appointed or designated in a temporary or acting capacity: Provided, finally, That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law. Sec. 42. Removal from Office.- Any member of the NCIP may be removed from office by the President, on his own initiative or upon recommendation by any indigenous community, before the expiration of his term for cause and after complying with due process requirement of law. Sec. 43. Appointment of Commissioners.- The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act. Sec. 44. Powers and Functions.- To accomplish its mandate, the NCIP shall have the following powers, jurisdiction and function:     a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, thorough which such assistance may be extended;     b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development;     c) To formulate and implement policies, plans, programs and projects for the economic, social and cultural development of the ICCs/IPs and to monitor the implementation thereof;     d) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be required in the pursuit of its objectives;     e) To issue certificate of ancestral land/domain title;

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    f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the objectives of this Act, and subject to the approval of the President, to obtain loans from government lending institutions and other lending institutions to finance its programs;     g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from whatever source, local and international, subject to the approval of the President of the Philippines, for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the absence of any condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;     h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof;     i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans;     j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within sixty (60) days after the close of each calendar year, a report of its operations and achievements;     k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;     l) To prepare and submit the appropriate budget to the Office of the President;     m) To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned;     n) To decide all appeals from the decisions and acts of all the various offices within the Commission:     o) To promulgate the necessary rules and regulations for the implementation of this Act;     p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and     q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns. Sec. 45. Accessibility and Transparency.- Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto, all official records, documents and papers pertaining to official acts, transactions or decisions, as well as research data used as basis for policy development of the Commission shall be made accessible to the public. Sec.46. Officers within the NCIP.– The NCIP shall have the following offices which shall be responsible for the implementation of the policies herein after provided:     a. Ancestral Domains Office – The Ancestral Domain Office shall be responsible for the identification, delineation and recognition of ancestral land/domains. It shall also be responsible for the management of ancestral lands/domains in accordance with the master plans as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. It shall also issue, upon the free and prior informed consent of the ICCs/IPs concerned, certification prior to the grant of any license, lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall likewise perform such other functions as the Commission may deem appropriate and necessary;     b. Office on Policy, Planning and Research – The Office on Policy, Planning and Research shall be responsible for the formulation of appropriate policies and programs for ICCs/IPs such as, but not limited to, the development of a FiveYear Master Plan for the ICCs/IPs. Such plan shall undergo a process such that every five years, the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. The Office shall also undertake the documentation of customary law and shall establish and maintain a Research Center that would serve as a depository of ethnographic information for monitoring, evaluation and policy formulation. It shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting ICCs/IPs.     c. Office of Education, Culture and Health – The Office on Culture, Education and Health shall be responsible for the effective implementation of the education, cultural and related rights as provided in this Act. It shall assist, promote and support community schools, both formal and non-formal, for the benefit of the local indigenous community, especially in areas where existing educational facilities are not accessible to members of the indigenous group. It shall administer all scholarship programs and other educational rights intended for ICC/IP beneficiaries in coordination with the Department of Education, Culture and Sports and the Commission on Higher Education. It shall undertake, within the limits of available appropriation, a special program which includes language and vocational training, public health and family assistance program and related subjects.     It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them to enroll in schools of medicine, nursing, physical therapy and other allied courses pertaining to the health profession.     Towards this end, the NCIP shall deploy a representative in each of the said offices who shall personally perform the foregoing task and who shall receive complaints from the ICCs/IPs and compel action from appropriate agency. It shall also monitor the activities of the National Museum and other similar government agencies generally intended to Human Rights Education

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manage and preserve historical and archeological artifacts of the ICCs /IPs and shall be responsible for the implementation of such other functions as the NCIP may deem appropriate and necessary;     d. Office on Socio-Economic Services and Special Concerns – The Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socio-economic services, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. It shall also be responsible for such other functions as the NCIP may deem appropriate and necessary;     e. Office of Empowerment and Human Rights – The Office of Empowerment and Human Rights shall ensure that indigenous socio- political, cultural and economic rights are respected and recognized. It shall ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every opportunity, if they so choose, to participate in all level decision-making. It shall likewise ensure that the basic human rights, and such other rights as the NCIP may determine, subject to existing laws, rules and regulations are protected and promoted;     f. Administrative Office – The Administrative Office shall provide the NCIP with economical, efficient and effective services pertaining to personnel, finance, records, equipment, security, supplies, and related services. It shall also administer the Ancestral Domains Fund; and     g. Legal Affairs Office – There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP. Sec. 47. Other Offices.– The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations. Sec. 48. Regional and Field Offices.– Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. Other field office shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but without field offices, the NCIP shall establish field offices in said provinces. Sec. 49. Office of the Executive Director.– The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. The office shall be headed by an Executive Director who shall be appointed by the President of the Republic of the Philippines upon the recommendation of the NCIP on a permanent basis. The staffing pattern of the office shall be determined by the NCIP subject to existing rules and regulations. Sec. 50. Consultative Body.– A body consisting of the traditional leaders, elders and representatives from the women and youth sectors of the different ICCs/IPs shall be constituted by the NCIP from the time to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs. CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Sec. 51. Delineation and Recognition of Ancestral Domains.– Self-delineation shall be guiding principle in the identification and delineation of ancestral domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to the determination of these traditional territories. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. Measures shall be taken in appropriate cases to safeguard the rights of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities, particularly of ICCs/IPs who are still nomadic and/or shifting cultivators. Sec. 52. Delineation Process.- The identification and delineation of ancestral domains shall be done in accordance with the following procedures:     a. Ancestral Domains Delineated Prior to this Act – The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his

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law. ICCs/IPs enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined hereunder;     b. Petition for Delineation – The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;     c. Delineation Paper – The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. Delineation will be done in coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned; d. Proof required – Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath, and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents:             1. Written accounts of the ICCs/IPs customs and traditions;         2. Written accounts of the ICCs/IPs political structure and institution;         3. Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;         4. Historical accounts, including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;         5. Survey plans and sketch maps;         6. Anthropological data;         7. Genealogical surveys;         8. Pictures and descriptive histories of traditional communal forests and hunting grounds;         9. Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; and         10. Write-ups of names and places derived from the native dialect of the community.     e. Preparation of Maps – On the basis of such investigation and the findings of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein;     f. Report of Investigation and Other Documents – A complete copy of the preliminary census and a report of investigation, shall be prepared by the Ancestral Domains Office of the NCIP;     g. Notice and Publication – A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial and regional offices of the NCIP, and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not available;     h. Endorsement to NCIP – Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided, further, That in case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP: Provided, furthermore, That in cases where there are conflicting claims, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to the selection below.     i. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies – The Chairperson of the NCIP shall certify that the area covered is an ancestral domain. The secretaries of the Department of Agrarian Reform, Department of Environment and Natural Resources, Department of the Interior and Local Government, and Department of Justice, the Commissioner of the National Development Corporation, and any other government agency claiming jurisdiction over the area shall be notified thereof. Such notification shall terminate any legal basis for the jurisdiction previously claimed;     j. Issuance of CADT – ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned, containing a list of all those identified in the census; and     k. Registration of CADTs – The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated. Human Rights Education

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Sec. 53. Identification, Delineation and Certification of Ancestral Lands.a. The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions; b. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains, may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. An individual or recognized head of a family or clan may file such application in his behalf or in behalf of his family or clan, respectively; c. Proofs of such claims shall accompany the application form which shall include the testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of owners which shall be any of the authentic documents enumerated under Sec. 52 (d) of this act, including tax declarations and proofs of payment of taxes; d. The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents, Sworn Statements and the like, which in its opinion, may shed light on the veracity of the contents of the application/claim; e. Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral Domains Office shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area being claimed. The Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. In case of rejection, the Ancestral Domains office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In case of conflicting claims among individual or indigenous corporate claimants, the Ancestral domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or delineation of the ancestral domains as herein provided, the Director of Lands shall represent the interest of the Republic of the Philippines; and g. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP, which shall, in turn, evaluate or corporate (family or clan) claimant over ancestral lands. Sec. 54. Fraudulent Claims.– The Ancestral Domains Office may, upon written request from the ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community. Any claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned. Sec. 55. Communal Rights.– Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held: Provide, That communal rights under this Act shall not be construed as co-ownership as provided in Republic Act. No. 386, otherwise known as the New Civil Code. Sec. 56. Existing Property Rights Regimes.– Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected. Sec. 57. Natural Resources within Ancestral Domains.– The ICCs/IPs shall have the priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation: Provided, finally, That the all extractions shall be used to facilitate the development and improvement of the ancestral domains.

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Sec. 58. Environmental Consideration.- Ancestral domains or portion thereof, which are found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of the government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its customary laws without prejudice to the basic requirement of the existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent. Sec. 59. Certification Precondition.- all department and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certificate shall only be issued after a field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided, That no certificate shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is pending application CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process. Sec.60. Exemption from Taxes.– All lands certified to be ancestral domains shall be exempt from real property taxes, specially levies, and other forms of exaction except such portion of the ancestral domains as are actually used for large-scale agriculture, commercial forest plantation and residential purposes and upon titling by other by private person: Provided, that all exactions shall be used to facilitate the development and improvement of the ancestral domains. Sec. 61. Temporary Requisition Powers.- Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case beyond three (3) years after its creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources (DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of Agreement (MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommodate any such request within one (1) month of its issuance: Provided, That the Memorandum of Agreement shall stipulate, among others, a provision for technology transfer to the NCIP. Sec. 62. Resolution of Conflicts.– In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which cannot be resolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided, further, That in any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof. Sec. 63. Applicable Laws.– Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights, claims and ownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application of laws shall be resolved in favor of the ICCs/IPs. Sec. 64. Remedial Measures.– Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the “common good”. The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally, That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws. CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS Human Rights Education

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Sec. 65. Primary of Customary Laws and Practices.– When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute. Sec. 66. Jurisdiction of the NCIP.– The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs; Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP. Sec. 67. Appeals to the Court of Appeals.– Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review. Sec. 68. Execution of Decisions, Awards, Orders.– Upon expiration of the period here provided and no appeal is perfected by any of the contending parties, the Hearing Officer of the NCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions, orders or awards of the Regional Hearing Officer of the NCIP. Sec. 69. Quasi-Judicial Powers of the NCIP.– The NCIP shall have the power and authority:     a. To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Act;     b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, agreements and other document of similar nature as may be material to a just determination of the matter under investigation or hearing conducted in pursuance of this Act;     c. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and     d. To enjoin any or all acts involving or arising from any case pending therefore it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity. Sec. 70. No restraining Order or Preliminary Injunction – No inferior court of the Philippines shall have the jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any of its duly authorized or designated offices in any case, dispute or controversy to, or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains. CHAPTER IX ANCESTRAL DOMAINS FUND Sec. 71. Ancestral Domains Fund.– There is hereby created a special fund, to be known as the Ancestral Domains Fund, an initial amount of the One Hundred thirty million pesos(P130,000,000) to cover compensation for expropriated lands, delineation and development of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation, Ten millions pesos (P10,000,000) from the gross receipts of the travel tax of the preceding year, the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains, and such other source as the government may be deem appropriate. Thereafter such amount shall be included in the annual General Appropriations Act. Foreign as well as local funds which are made available for the ICCs/IPs through the government of the Philippines shall be coursed through the NCIP. The NCIP may also solicit and receive donations, endowments shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the government or any political subdivision or instrumentality thereof. CHAPTER XI PENALTIES Sec. 72. Punishable Acts and Applicable Penalties.– Any person who commits violation of any of the provisions of this Act, such as, but not limited to, authorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided, That Human Rights Education

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no such penalty shall be cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act. Sec. 73. Persons Subject to Punishment.– If the offender is a juridical person, all officers such as, but not limited to, its president, manager, or head of office responsible for their unlawful act shall be criminally liable therefor, in addition to the cancellation of certificates of their registration and/or license: Provided, That if the offender is a public official, the penalty shall include perpetual disqualification to hold public office. CHAPTER XII MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC)  Sec. 74. Merger of ONCC/OSCC.– The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic offices of the NCIP and shall continue to function under a revitalized and strengthened structures to achieve the objectives of the NCIP: Provided, That the positions of Regional Directors and below, are hereby phasedout upon the effectivity of this Act: Provided, further, That officials and employees of the phased-out offices who may be qualified may apply for reappointment with the NCIP and may be given prior rights in the filing up of the newly created positions of NCIP, subject to the qualifications set by the Placement Committee: Provided, furthermore, That in the case where an indigenous person and a non-indigenous person with similar qualifications apply for the same position, priority shall be given to the former. Officers and employees who are to be phased-out as a result of the merger of their offices shall be entitled to gratuity a rate equivalent to one and a half (1 1/2) months salary for every year of continuous and satisfactory service rendered or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received. If they are already entitled to retirement benefits or the gratuity herein provided. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity received: Provided, finally That absorbed personnel must still meet the qualifications and standards set by the Civil Service and the Placement Committee herein created. Sec. 75. Transition Period.– The ONCC/OSCC shall have a period of six (6) months from the effectivity of this Act within which to wind up its affairs and to conduct audit of its finances. Sec. 76. Transfer of Assets/Properties.– All real and personal properties which are vested in, or belonging to, the merged offices as aforestated shall be transferred to the NCIP without further need of conveyance, transfer or assignment and shall be held for the same purpose as they were held by the former offices: Provided, That all contracts, records and documents shall be transferred to the NCIP. All agreements and contracts entered into by the merged offices shall remain in full force and effect unless otherwise terminated, modified or amended by the NCIP. Sec. 77. Placement Committee.– Subject to rules on government reorganization, a Placement Committee shall be created by the NCIP, in coordination with the Civil Service Commission, which shall assist in the judicious selection and placement of personnel in order that the best qualified and most deserving persons shall be appointed in the reorganized agency. The placement Committee shall be composed of seven (7) commissioners and an ICCs/IPs representative from each of the first and second level employees association in the Offices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served the community for at least five (5) years and peoples organizations (POs) with at least five (5) years of existence. They shall be guided by the criteria of retention and appointment to be prepared by the consultative body and by the pertinent provisions of the civil service law. CHAPTER XIII FINAL PROVISIONS Sec. 78. Special Provision.– The City of Baguio shall remain to be governed by its Chapter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation: Provided, Human Rights Education

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That prior land rights and titles recognized and/or required through any judicial, administrative or other processes before the effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act. Sec. 79. Appropriations.- The amount necessary to finance the initial implementation of this Act shall be charged against the current year’s appropriation of the ONCC and the OSCC. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

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Sec. 80. Implementing Rules and Regulations.– Within sixty (60) days immediately after appointment, the NCIP shall issue the necessary rules and regulations, in consultation with the Committees on National Cultural Communities of the House of Representatives and the Senate, for the effective implementation of this Act. Sec. 81. Saving Clause.– This Act will not in any manner adversely affect the rights and benefits of the ICCs/IPs under other conventions, recommendations, international treaties, national laws, awards, customs and agreements. Sec. 82. Separability Clause.- In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby. Sec. 83. Repealing Clause.– Presidential Decree NO. 410, Executive Order Nos. 122-B and 122-C, and all other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. Sec. 84. Effectivity.– This Act shall take effect fifteen days (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved: 29 October 1997. Rights and the Criminal Justice System FOUNDATION OF HUMAN RIGHTS PRINCIPLES AND CLASSIFICATIONS IMPORTANCE OF HUMAN RIGHTS TO LAW ENFORCEMENT Policing is at the heart of a broad spectrum of human rights discourses. This has been apparent for many of those working on civil and political rights who have generally targeted police as human rights violators. However, policing also has a direct relevance to economic, social and cultural rights. Police can and should play an important role in ensuring a safe environment in which individuals can seek to realize their full range of rights- be they social; and economic or civil and political. PNP Vision Imploring the aid of the Almighty, by year 2030, we shall be a highly capable, effective and credible police service working in partnership with a responsible community towards the attainment of a safer place to live work and do business. PNP Core Values Service, Honor, and Justice PNP Motto We serve and protect PNP Mission To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure public safety and internal security with the active support of the community. The human rights framework protects civil, political, economic social and cultural rights. But no matter what kind of right is at issue, there are basic principles that are always part of human rights standards and implementation. These principles include: Ten International Human Rights standards for Law Enforcement Basic Standard 1:

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Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially against violence or threat. Be especially vigilant to protect potentially vulnerable groups such as children, the elderly, women, refugees, displaced persons and members of minority groups. For the implementation of Basic Standard 1 it is of great importance that police officers at all times fulfill the duty imposed on them by law, by serving the community and protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession. They must promote and protect human dignity and maintain and uphold the human rights of all people. Basic Standard 2: Treat all victims of crime with compassion and respect, and in particular protect their safety and privacy. Victims are people who have suffered harm, including mental and physical injury, emotional suffering, economic loss or substantial impairment of their fundamental rights through acts or omissions that are UN violation of criminal law. Basic Standard 3: Do not use force except when strictly necessary and to the minimum extent required under the circumstances. The implementation of Basic Standard 3 involves, among other things, that Police officers, in carrying out their duty, should apply non-violent means as far as possible before resorting to the use of force. They may use force only if other means remain ineffective Basic Standard 4: Avoid using force when policing unlawful but non-violent assemblies. When dispersing violent assemblies, use force only to the minimum extent necessary. Everyone is allowed to participate in peaceful assemblies, whether political or non-political, subject only to very limited restrictions imposed in conformity with the law and which are necessary in a democratic society to protect such interest as public order and public health. Basic Standard 5: Lethal force should not be used except when strictly unavoidable in order to protect your life or the lives of others. Maybe use only in the following situation: Self-defense, Defense of a stranger or a family and in the performance of a lawful duty (PNP Police operational procedures 2013) Basic Standard 6: Arrest no person unless there are legal grounds to do so, and the arrest is carried out in accordance with lawful arrest procedures. To make sure that an arrest is lawful and not arbitrary, nor delay, it is important that the reasons for the arrest and the powers and identity arresting officers are known.

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Basic Standard 7: Ensure all detainees have access promptly after arrest to their family and legal representative and to any necessary medical assistance. Compliance with RA 9745 or the Anti-torture Act and Rights of a person under custodial investigation should be properly observed (RA 7438). Basic Standard 8: All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of torture or ill-treatment, in any circumstances, and refuse to obey any order to do so. Basic Standard 9: Do not carry out, order, or cover up extrajudicial killings or enforces disappearances, and refuse to obey any order to do so. No one should be arbitrarily or indiscriminately deprived of life. An extrajudicial killing is an unlawful and deliberate killing carried out by, or on the order of, someone at some level of government, whether national, state or lo9cal, or with their acquiescence. Basic Standard 10: Report all breaches of these Basic Standards to your senior officer and to the office of the public prosecutor. Do everything within your power to ensure steps are taken to investigate these breaches. All violations of human rights by the police or other law enforcement personnel, including any breaches of these Basic Standards, should be investigated fully, promptly and independently.

CHAPTER 4 CONVENTIONS ON HUMAN RIGHTS The UN and International Conventions on Rights of Prisoners of War, and In Conflict Areas THE INTERNATIONAL HUMANITARIAN LAW What is International Humanitarian Law (IHL)? 

It is the international law of Armed Conflict (LAOC), with two general objectives and areas of concern regarding armed conflict: [1] As to protection of its victims- ( ―Geneva Law‖ or ― Red Cross Law‖); and [2] As to limitation of its methods and means (Hague Law‖). Human rights and humanitarian law are two distinct and yet closely related branches of the international legal system.

 

Distinction: Human rights law establishes universal rights that every individual should enjoy at all times, in both peace and war. States are obliged vis-´a- vis the individual living within their jurisdiction to respect and protect these. Humanitarian Law a law of armed conflict or the law of war: a body of rules which in wartime protect persons who are not or no longer participating in the hostilities and which limit methods and means of warfare- to make war the least inhumane possible. Warring parties, traditionally States in international conflicts, are to observe and comply with these rules Instruments 1. 2.

Universal instruments Regional instruments

Universal Instruments  Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948  Convention on the Prevention and punishment of the Crime of Genocide of 1948 Human Rights Education

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 International Covenant on Civil and Political Rights of 1966 on the International Covenant on Social and Economic Rights of 1966  The Convention on the Elimination of all forms of Discrimination against Women of 1981  The convention against Torture and other cruel, Inhuman, or Degrading Treatment or Punishment of 1984 of the Convention on the Rights of the Child of 1989 Regional Instruments  The European on the Human Rights of 1950  The America Convention on Human Rights of 1969  The African Charter of Human and Peoples Rights of 1981 Concept  Its provisions are intended both to protect people who are not or no longer taking part in hostilities as well as to restrict the methods and means used to wage war.  Its purpose is to limit the suffering war causes by affording victims the maximum possible protection and assistance Scope The greater part of international humanitarian law applies to situations involving international armed conflicts waged between subjects of international law. While there are only limited rules concerning non-international armed conflicts, i.E. Conflicts within a country, they, too, are considered of great importance. Key Principles Underlying all norms in the area of humanitarian international law is the effort to find a balance between the conflicting interests of military necessity on the one hand and humanity on the other. This gives rise to the following key principles:  Neither the conflicting parties nor members of their armed forces have unlimited freedom in the choice of methods and means with which to wage war.Hence the use of weapons and methods which inflict excessive injuries and unnecessary suffering is forbidden.  To protect the civilian population and civilian objects, these must in all circumstances be a clear distinction made between civilians and combatants.  Neither the civilian population as a whole nor individuals civilians may be attacked.  Attacks must be aimed exclusively at military targets. What is International Humanitarian Law? This body of law can be defined as the principles and rules which limit the use of violence in times of armed conflict. History Swiss Banker, Henry Dunant at the Battle of Solferino International Support, Ravages of War, and Dehumanizing conditions of war the aims are: Human Rights Education

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 To protect persons who are not, or are no longer, directly engaged in hostilities- the wounded, shipwrecked, prisoners of war and civilians;  To limit the effects of violence in fighting to the attainment of the objectives of the conflict.  Essential Rules  The parties to a conflict must at all times distinguish between the civilian population and combatants in order to spare civilian property.  It is forbidden to kill or wound an adversary who surrenders or who can no longer take part in the fighting. Treaties The following are the main treaties in chronological order of adoption: the field

  I-

1864- Geneva Convention for the amelioration of the condition of the wounded in armies in

1868- Declaration of St. Petersburg (prohibiting the use of certaqin projectiles in wartime) 1899- The Hague Conventions respecting the laws and customs of war on land and the adaptation to maritime warfare of the principles of the 1864 Geneva Convention . 1906- Review and development of the 1864 Geneva Convention 1907- Review of the Hague Conventions of 1899 and adoption of new Conventions 1925- Geneva Protocol for the prohibition of the use in war of asphyxiating, poisonous or other gases and of bacteriological methods of warfare. 1929- Two Geneva Convention Review and development of the 1906 Geneva Convention Geneva Convention relating to the treatment of prisoners of war (new) 1949- Four Geneva Conventions Amelioration of the condition of the wounded and sick in armed forces in the field II Amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea III Treatment of prisoners of war IV Protection of civilian persons in the time war (new) 1954- The Hague Convention for the protection of cultural property in the event of armed conflict 1972- Convention on the prohibition of the development, production and stockpiling of bacteriological ( biological) and toxic weapons and on their destruction 1977- Two Protocols additional to the four 1949 Geneva Conventions, which strengthen the protection of victims of international ( Protocol I) and non- international ( Protocol II) armed conflicts. 1980- Convention o prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects (CCW), which includes: 1993- Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction 1995- Protocol relating to blinding laser weapons ( Protocol IV [new] to the 1980 Convention) 1996- Revised Protocol on prohibitions or restrictions on the use of mines, booby traps and other devices ( Protocol II [revised] to the 1980 Convention) 1997- Convention on the prohibition of the use, stockpiling, production and transfer of anti- personnel mines and on their destruction 1998- Rome Statue of the International Criminal Court 1999- Protocol to the 1954 Convention on cultural property 2000- Optional protocol to the convention on the rights of the child on the involvement of children in armed conflict 2001- Amendment to article I of the CCW 3 Main Currents Human Rights Education

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The law of Geneva- represented by the international conventions and protocols established under the aegis of the international committee of the red cross (ICRC) with the protection of the victims of conflict as their central concern: The law of the Hague- based on the results of the peace conferences in the capital of the Netherlands in 1899 and 1907, which dealt principally with the permissible means and methods of war; The efforts of the United Nations to ensure that human rights are respected in armed conflicts and to limit the use of certain weapons. Other Issues          

Peace-keeping and peace- enforcement operations Terrorism Prosecution of criminals War Crime Application of humanitarian law New conflicts Assistance to victims of armed conflicts Restoration of family links New development in humanitarian law Protection for refugees and

internally

Use of emblem  

Commission on Human Rights Commission creation Independent office CHR powers

      

Investigate-political and civil Compulsory processes Provide legal measures Legal aid Jail and detention center monitoring Research programs Government compliance monitoring CHR programs

1. 2.

2 programs Human rights protection Human rights promotion CHR programs 2 programs

 Human rights protection  Human rights promotion    

Human Rights Protection Investigation and Hearing of Complaints Legal Aid and Counseling Legal Research Assistance to Human Rights Victims Human Rights Education

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displaced

persons

 Visitorial Services  Child Rights Protection Services  Special Prosecutory system Human Rights Promotion

 Public Information  Educational Research  Investigate Monitoring

What is armed conflict, when does it exist? a. b. c.

Between states, and between states and national liberation movements (International armed conflict) Ex. World War II; between Israel and PLO Between governmental authorities and organized armed groups (Non- international Armed Conflict or NIAC) Ex. AFP VS. NPA Between organized armed groups within a state (NIAC) EX. New People’s Army vs Rebolusyonaryong Hukbong Bayan Not considered armed conflict armed conflict (outside IHL): a. Internal disturbances and tensions like riots, isolated and sporadic acts of violence Ex. ―Edsa 3 siege of Malacanang Palace b. Banditry, unrecognized and short-lived insurrections, or terroristic activities- Ex. ( arguably) case of Abu Sayyaf Group Are there levels or categories of armed conflict?

a. International armed conflict, including war of national liberation- apply the whole Geneva conventions I-IV & additional Protocol I Ex. National liberation movement—PLO & African National Congress in the 1970s b. Non- international armed conflict( NIAC) of ― high intensity‖ in the territory of a state party between its armed forces and dissident armed forces or other organized armed groups which: 1. Under responsible command, 2. Exercise to control over a part of the national territory 3. To enable them to carry out sustained & concerted military operations 4. To implement additional protocol II c. NIAC of ― low intensity‖ – all other internal armed conflicts below the threshold ( conditions) applicable for additional protocol II- apply Common Article 3 of the Geneva Conventions Ex. Armed conflicts with the Rebolusyonaryong Hukbong Bayan and (arguably again) the Abu Sayyaf Group

What are the main kinds of IHL? What is the significance of this? [1]Treaty law- treaties, conventions, protocols & similar international legal instrumentsbinding on States Parties- which ratify or accede. [2]Customary law- generally accepted principles & rules established by sufficient state practice and legal opinion, which are binding on all, particularly on all parties (including non- state armed groups) to armed conflicts in the case of customary IHL. Human Rights Education

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How does IHL relate to human rights? What are their distinctions? 1. Relations Governed HR- between state & individual, for protection of the individual from state power and abuse (recent legal trends to cover protection from non-state armed group abuse) IHL- between parties in armed conflict, and between both/all of them and affected civilians or non-combatants, for their protection and, to some extent, also for the protection of combatants from certain methods and means (weapons) of warfare 2. Obligated Parties HR- the state, recently also non-state actors IHL- both parties, state or non-state armed group 3.

Time Applicability HR- at all times, in peace and in war, but some derogation allowed in times of public emergency IHL- in times of armed conflict, no derogation under any circumstances therein; some limited application, like promotion measures, peace time. 4. Place applicability HR- in all places globally IHL- in areas of armed conflict 5 Main Treaty Sources HR- HR treaties IHL- IHL treaties Is IHL relevant to the Philippines? Yes, very relevant because of historical & current involvements of the Philippines in major armed conflicts, both international and non- international, especially since World War II and its aftermath when modern IHL started to develop. But actually more problematic for the Philippines have been its internal armed conflicts like the Huk rebellion, the Kamlon rebellion, and the ongoing armed conflicts on the Communist and Moro fronts of the last four decades and counting How does IHL become part of the Philippine legal system? [1]Customary IHL, and the incorporation clause of the Philippine Constitution which provides that the Philippines adopts the generally accepted principles of international law as part of the law of the land. [2] Treaty IHL, and the treaty clause of the Philippine Constitution which provides that no treaty or international agreement shall be valid and effective unless (its ratification by the President has been) concurred in by at least two-thirds of all the Members of the Senate. [3] Implementing legislation and/or administrative action-where necessary for implementation, such as with ratifies treaty provisions that are not self-executory, usually those requiring the imposition of penal sanctions. [4] Special agreements on IHL between the Philippine government and different rebel groups- are technically not part of the legal system but are similar to civil contracts in the sense of being ―law between the parties‖ [5] Unilateral declarations of adherence to IHL by Philippine rebel groups- are more so technically not part of the legal system but can likewise be invoked with the rebel groups which issue them. What IHL treaties have been ratified by and therefore bind the Philippines? 1948 Genocide Convention 1949 Geneva Convention I-IV 1968 Nuclear Weapons Non-Proliferation Treaty Human Rights Education

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1968 Convention on Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity 1972 Biological Weapons Convention 1977 Additional Protocol II on Protection of Victims of Non-International Armed conflict 1980 Conventional Weapons Conventional and its Protocols I-IV, inc, its 1996 Amemded Protocol II on Mines, Boobytraps and Other Devices 1989 Conventional on the Rights of the Child and its 2000 Optional Protocol on the involvement of children in armed conflict 1993 Chemical Weapons Convention 1997 Anti-Personnel Mines Convention 2005 Additional Protocol III on the Adoption of an Additional Distinctive Emblem What national implementing legislation has the Philippines passed?  -Republic Act No. 95, (PNRC),  RA No. 7160 (Special Child Protection Act), Article X on Children in Situations of Armed Conflict (CSAC)- Children as Peace Zones, Evacuation of Children During Armed Conflict, Family Life and Temporary Shelter, Rights of Children Arrested for Reasons Related to Armed Conflict, and monitoring & Reporting of CSAC.  RA No. 9851- Philippine IHL The more significant pending legislative measures, are the following:  The ―Internal Displacement Bill‖- bringing to the level of national law the 2998 United Nations Guiding Principles on Internal Displacement  The ― Philippine Landmines Bill‖- to implement and reconcile the implementation of the two main international treaties on landmines, the 1997 Anti- Personnel Mines Convention and 1996 Amended Protocol II on Mines, Booby-traps and other devices, towards a comprehensive law on landmines What are the fundamental principles of IHL? These are not mere abstract concepts but are of valuable practical application to various situations in the field.  Distinction  Proportionally  Limitation  De Martens clause  What is the principle of Distinction? Most basic principle of IHL which is for parties to the conflict to distinguish between combatants and civilians, and between military objectives and civilians objects. Indiscriminate attacks are those which: (a) Are not directed at a specific military objective; (b) Employ a method or means of combat which cannot be directed at a specific military objective; (c) Employ a method or means of combat the effects of which cannot be limited as required by the rules of war. 

Consequently, the following, are prohibited: Acts or threats of violence, the primary purpose of which is to spread terror among the civilian population (Concept of terrorism) Human Rights Education

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 

Attacks by bombardment which treats as a single military objective a number of clearly separated and distinct military objectives in a city, town, village, or other area containing a concentration of civilians or civilians objects Indiscriminate attacks are prohibited, and so are the use of weapons which are by nature indiscriminate. This is the main principle for civilian protection.

 What is the principle of proportionality? -proper balancing of the conflicting interests between military necessity & humanitarian considerations. - Among several military objectives for obtaining a similar military advantage, the objective selected should the one where the attack may be expected to cause the least danger to civilians & civilian objects. The principle of proportionality is also reflected in two concepts. (1) Prohibition of causing Superfluous injury or unnecessary suffering (SlrUS), especially as applied to means and methods of warfare. (2) Weighing of not only humanitarian but also socio-economic and (natural) environmental consequences vis-à-vis military utility, much like the weighing of costs and benefits or of ends and means.  What is the principle of limitation? Basic rule that the right of the parties to the conflict to choose methods or means of warfare is not unlimited. As the saying goes, ― Even war has its limits.‖ IHL then provides both general and specific limitations or restrains.  What is the De Martens Clause? “ Fall back” principle, ― in cases not covered by the regulations the inhabitants and belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience‖ Who are civilians? Who are combatants? Civilians are person who are not members of the armed forces of a party to an armed conflict, and are protected against attack, unless and for such time as they take a direct part in armed hostilities. Combatants are all members of such armed forces usually or in international armed conflicts, except medical and religious personnel What are civilian objects? What are military objectives? Civilians objects are all objects that are not military objectives & are protected against attack, unless & for such time as they are military objectives. Some examples of civilian objects are houses, schools, churches, farms, commercial buildings, industrial plants, power transmission towers, cell sites, public transport, other civilian infrastructure & also cultural property. Military objectives are limited to those objects which, by their nature, location, purpose or use, make for an effective contribution to military action & whose destruction, capture or neutralization under the circumstances, offers a definite military advantage. Human Rights Education

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There is a two-fold test to constitute a military objective. Some examples of military objectives are weapons, war materiel, military works and establishments, supplies, vehicles, camp sites, fortifications, and fuel; depots or stored used by any party to the conflict. Also objects, that while not directly connected with combat operations, effectively contribute to the military effort, such as transportation and communication systems & facilities, airfields, ports & otherwise non- military industries of importance to the ability of a party to the conflict to conduct military operations. Who is a person hors de combat?  He or she is a person ―out of combat‖, including a combatant who is no longer in a condition to engage in combat. More specifically, anyone who:  Is in the power (e.g. captive) of an adverse party;  Is defenseless because of unconsciousness, shipwreck, wounds, or sickness; or  Clearly expresses an intention to surrender; provided he or she abstains from any hostile act and does not attempt to escape. What are the fundamental guarantees for the treatment of civilians and persons hors de combat?  They must be treated humanely.  The following are all prohibited: • Any form of adverse discrimination • Murder • Torture, cruel or inhuman treatment, and outrages upon personal dignity, in particular humiliating and degrading treatment. • Corporal punishment • Mutilation, medical or scientific experiments, or any other medical procedure not indicated by the state of health of the person concerned and not consistent with generally accepted medical standards. • Rape and other forms of sexual violence • Slavery & slave trade in all their forms • Uncompensated or abusive forced labor • Hostage-taking • Use of human shields • Enforced disappearance • Arbitrary deprivation of liberty • Collective punishments Essential Judicial guarantees that no one may be accused, convicted or sentenced:  Except pursuant to a fair on account of any act or omission which did not constitute a criminal offense under national or international law at the time it was committed nor for a heavier penalty be imposed that that which was applicable at the time the criminal offense was committed.  Except on the basis of individual criminal responsibility. Otherwise what obtains would be what is called a ―kangaroo court‖. The requirement of due process applies in all trials, including those of spies, informers, infiltrators or ―deep-penetration agents, ‖ who may not be convicted or sentenced without previous trial. The following must also respected:  Personal convictions (beliefs) and religious practices  Family life, as far as possible What are the basic rules for the protection of persons deprived of their liberty?  they must be provided with adequate food, water, clothing, shelter and medical attention Human Rights Education

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 women must be held in quarter separate from those of men, except where families are accommodate as family units.  They must be held in premises which are removed from the combat zone and which safeguard their health and hygiene  Pillage of their personal belongings is prohibited  Their personal details must be recorded  They must be allowed to correspond with their families, subject to reasonable conditions relating to frequency and the need for censorship by the authorities  They must be allowed to receive visitors, especially near relatives, to the degree practicable “ We must understand the role of human rights as empowering of individuals and communities. By protecting these rights, we can help prevent the many conflicts based on poverty, discrimination and exclusion ( social, economic and political) that continue to plague humanity and destroy decades of development efforts. The vicious circle of human rights violations that lead to conflicts, which in turn, lead to more violations must be broken .I believe we can break it only buy ensuring respect for all human rights.” Mary Robinson, Former UN High Commissioner for Human Rights Legal remedies in Cases of Enforced Disappearances & extra- judicial killing. Writ of Habeas Corpus ― Habeas corpus‖ is a Latin phrase which literally means ― you have the body.‖ The writ is an order to the person in charge of someone’s detention to deliver the named person so that the court can investigate the legality of his imprisonment. Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner. The Writ of Habeas Corpus generally extends to all cases of illegal confinement or detention by which a person is deprived of liberty, or the rightful custody of a person is withheld from the person entitled to it. Writ of Amparo The writ of amparo is of Mexican origin. Amparo means protection from the Spanish word ―Amparar.‖ It is a remedy available to any person whose right to life, liberty, and security has been violated or is threated with violation by an unlawful act or omission of a public official/employee, or of a private individual or entity. The writ is issued in cases of extrajudicial killings and enforced disappearances or threats thereof ( Sec 1, rule on the writ of amparo, A.M No. 07-9-12-SC, 25 SEPT 2007) In the event that the writ of amparo is issued against any member of the AFP, by the Supreme Court, court of appeals, sandiganbayan or any justice of such court, and the regional trial court, the following rules of action shall be strictly followed by the units concerned as provided by the AFP Policy Directive on actions and defense under the RULE OF THE WRIT OF AMPARO DATED DEC. 17,2007: 1. To verify the identity of the aggrieved party; 2. To recover and preserve evidence related to the death or disappearance of the person ide4ntified in the petition or whose right to life, liberty or security is threatened with violation of an unlawful act or omission as alleged in the petition that may aid in the prosecution of the person/s responsible; 3. To identify witnesses and obtain statements from them concerning the death or disappearance; 4. To determine the cause, manner, location and the time of death or disappearance as well as any pattern or practices that may have brought about the death or disappearance; 5. To identify and apprehend the person/s involved in the death or disappearance; and, 6. To bring the suspected offenders before a competent court. Human Rights Education

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RULE OF THE WRIT OF AMPARO DATED DEC. 17,2007: 1. To verify the identity of the aggrieved party; 2. To recover and preserve evidence related to the death or disappearance of the person ide4ntified in the petition or whose right to life, liberty or security is threatened with violation of an unlawful act or omission as alleged in the petition that may aid in the prosecution of the person/s responsible; 3. To identify witnesses and obtain statements from them concerning the death or disappearance; 4. To determine the cause, manner, location and the time of death or disappearance as well as any pattern or practices that may have brought about the death or disappearance; 5. To identify and apprehend the person/s involved in the death or disappearance; and, 6. To bring the suspected offenders before a competent court. Writ of Habeas Data The Writ of Habeas Data is remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or private individual. The writ of habeas data enables the petitioner to invoke the right to privacy and right to information. In Latin America, the writ has been used to enable the petitioner to obtain information about himself from public or private records. This has been particularly useful in cases of extrajudicial killings and enforced disappearances as the families of victims could demand undisclosed information. In cases, where data about the petitioner has been falsified, the petitioner can use the writ of habeas data to correct the data. The writ can also be used to invoke the writ to privacy. The writ enables a person to know the purpose in which the data about himself is being collected (A.M. No. 08-1-16 SC, Jan 22, 08- The Rule on the Writ of Habeas Data) When a Writ of Habeas Data is served, the respondent shall observe the following: 1. The respondent shall file a verified written return together with supporting affidavits within five work days from service of the writ, which period may be reasonably extended by the Court for justifiable reasons. 2. The return shall, among their other things, contain the following: a. The lawful defenses such as national security, state secrets, privileged communication, confidentially of the source of information of media and others; b. In case of respondent in charge, in possession or in control of the data or information subject the petition: A disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection; The steps or action taken by the respondent to ensure the security and confidentiality of the data or information; The currency and accuracy of the data or information held; and, c. Other allegations relations relevant to the resolution of the proceeding (A.M. No. 08-1-16 SC, Jan 22, 08- the rule on the writ of habeas data) CHAPTER 5 - HUMAN RIGHTS AND THE COURTS OF JUSTICE Human Rights Education

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International Criminal Court An international criminal court is considered the missing link in the international legal system for the reason that the International Court of Justice at The Hague handles only cases between States, not individuals. In the absence of an international criminal court for dealing with individual responsibility as an enforcement mechanism, acts of genocide and egregious violations of human rights often go unpunished. In the last 50 years, there have been many instances of crimes against humanity and war crimes for which no individual has been held accountable. Following long and intense negotiations, in 1998 the United Nations adopted the “Rome Statute of the International Criminal Court”. Following the entry into force of the Statute, the Court will be established as a permanent institution with the power to exercise its jurisdiction over persons for the most serious crimes of international concern. The Court is meant to be complementary to national criminal jurisdictions. 33 According to article 126 of its final clauses, the Statute will “enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations”. As at March 2000, 7 States had ratified the Statute The International Court of Justice (ICJ) The International Court of Justice was established by the United Nations Charter as the judicial organ of the United Nations. It is composed of 15 independent judges elected by the Security Council on the recommendation of the General Assembly. In accordance with the provisions of article 36 of the Statute of the Court annexed to the Charter, only States may be seized before the Court. This means that individuals, entities having legal personality and international or non-governmental organizations may not be parties in litigation before the Court. International human rights instruments do not specifically provide for adjudication by the Court. However, from time to time, the Court has taken decisions in an adjudicatory or advisory capacity on questions regarding the existence or protection of human rights. The Court’s deliberations on these issues are of considerable interest, since its decisions have played a significant role in defining international human rights law. In this respect, the judicial practice of the ICJ is consistent with the decisions handed down by its predecessor, the Permanent Court of International Justice. REFERENCES A. B. C. D. E. F. G. H. I.

Universal Declaration of Human Rights International Covenant on Civil and Political Rights (ICCPR) UN Convention Against Torture or Other Cruel, Inhuman and Degrading Treatment (CAT) UN Code of Conduct for Law Enforcement Officials UN Convention on the Rights of the Child (CRC) UN Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) Art II and Art III, 1987 Philippine Constitution R.A 7438, R.A 9262, R.A 7610, R.A 8371 and other special laws with human rights standards Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law ( CARHRIHL) J. PNP Code of Professional Conduct and Ethical Standards ( COPSES) K. PNP Operational Procedures L. PNP Implementing Guidelines on Human Rights dated 14 Feb 95; and M. Other administrative issuances on human rights -o0o-

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