AFPSAT General Information — Human Rights Laws of the PhilippinesFlash Cards

What are human rights according to Philippine jurisprudence?

Human rights are rights which necessarily spring from being a member of the human species. They are inherent to all human beings and acknowledge that every individual is entitled to enjoy their human rights without distinction based on gender, age, language, color, religion, political view, or opinion. These are rights that humans cannot live without in dignity, freedom, and justice.

List the five key attributes of human rights.

1. UNIVERSAL - Apply to all human beings everywhere 2. INHERENT - Natural to all humans from birth 3. EQUAL - Same rights for all people 4. INALIENABLE - Cannot be taken away or transferred 5. INTERDEPENDENT AND INDIVISIBLE - All rights are interconnected and equally important

What is the difference between the Theory of Natural Rights and the Theory of Legal Rights?

Theory of Natural Rights: Individuals enter society with certain basic rights that no state or government can deny. These rights come from human nature and natural law, existing independently of government. Theory of Legal Rights: Human rights are created and maintained only by the state. The state is the sole source of individual rights, and outside the state, individuals have no rights and cannot claim rights against the state.

What is Republic Act No. 9262?

R.A. No. 9262 is the 'Anti-Violence Against Women and Their Children Act of 2004.' This law provides protection for women and children against physical, sexual, psychological, and economic abuse. It establishes legal remedies, protection orders, and support services for victims while defining various forms of violence and their corresponding penalties.

What does R.A. No. 9344 establish?

R.A. No. 9344 is the 'Juvenile Justice and Welfare Act of 2006.' It establishes a comprehensive juvenile justice system that promotes the best interests of children in conflict with the law. The law sets the minimum age of criminal responsibility, provides for intervention programs, and emphasizes restorative justice rather than punitive measures for young offenders.

What are the three generations of human rights?

First Generation: Civil and political rights (freedom of speech, right to vote, due process) Second Generation: Economic, social, and cultural rights (right to work, education, healthcare) Third Generation: Collective rights (right to development, peace, healthy environment)

What is the significance of the Magna Carta in human rights history?

The Magna Carta (1215) established fundamental principles including: (1) Everyone, including the king, is subject to the law; (2) All freemen have the right to justice and fair trial through due process; (3) The church is free from governmental interference; (4) Citizens have property rights and protection from excessive taxes; (5) It gave widowed women property rights and choice not to remarry.

What does R.A. No. 7277 provide?

R.A. No. 7277 is the 'Magna Carta for Disabled Persons.' It provides a comprehensive framework for the protection and promotion of the rights of persons with disabilities, including equal access to employment, education, health services, telecommunications, and public transportation. It also mandates accessibility features in buildings and public facilities.

What is the Writ of Amparo?

The Writ of Amparo (A.M. No. 07-9-12-SC) is a legal remedy available to any person whose right to life, liberty, and security is violated or threatened. It provides rapid judicial relief for extralegal killings and enforced disappearances. The writ compels the respondent to produce the missing person and explain their detention or disappearance.

What rights does R.A. No. 9994 grant to senior citizens?

R.A. No. 9994, the 'Expanded Senior Citizens Act of 2010,' grants senior citizens (60 years and above): 20% discount on medical services, medicines, and transportation; VAT exemption on medical services; priority lanes in establishments; mandatory PhilHealth coverage; special privileges in government and private establishments; and protection from abuse and exploitation.

What is R.A. No. 10173 and what does it protect?

R.A. No. 10173 is the 'Data Privacy Act of 2012.' It protects individual personal information in information and communications systems in both government and private sectors. It establishes the National Privacy Commission, regulates the processing of personal data, and provides penalties for violations of privacy rights.

What are the four components of human rights?

1. A SUBJECT OR RIGHT-HOLDER - The person who possesses the right 2. A DUTY-HOLDER - The entity (usually the state) responsible for respecting, protecting, and fulfilling the right 3. AN OBJECT - The specific right or freedom being claimed 4. THE IMPLEMENTATION - The mechanisms and processes to enforce and protect the right

What is the purpose of R.A. No. 11210?

R.A. No. 11210 is the '105-Day Expanded Maternity Leave Law.' It increases maternity leave from 60 to 105 days with full pay for female workers, with an option to extend for an additional 30 days without pay. Solo mothers receive an additional 15 days, recognizing the importance of maternal health and child welfare.

What does the Writ of Habeas Data protect?

The Writ of Habeas Data (A.M. No. 08-1-16-SC) protects an individual's right to privacy in information and communications. It allows a person to compel disclosure of information about themselves held by government agencies or private entities, or to correct, update, or suppress false or inaccurate data about them.

What are the key principles established by the Petition of Rights (1628)?

The Petition of Rights established four key principles: (1) The King could not impose taxes without Parliament's consent; (2) No person should be imprisoned without cause; (3) No soldiers should be quartered in cities or public areas; (4) Martial law should not be implemented during peacetime.

What is R.A. No. 7438 and what rights does it protect?

R.A. No. 7438 defines the rights of persons arrested, detained, or under custodial investigation. It ensures the right to remain silent, right to competent and independent counsel, right to be informed of charges, right to physical examination, and protection against torture or coercion during investigation.

What does Executive Order 163 establish?

E.O. 163 declares the effectivity of the Commission on Human Rights as provided in the 1987 Constitution. It establishes the CHR as an independent constitutional body responsible for investigating human rights violations, providing legal aid, and promoting human rights education and awareness in the Philippines.

Compare conventional and non-conventional air pollutants in terms of health effects.

Conventional Air Pollutants: Include sulfur dioxide (respiratory effects, especially on asthmatics), nitrogen dioxide (respiratory infections), particulate matter (death and morbidity risk), and lead (nerve and kidney damage, learning disabilities in children). Non-conventional Air Pollutants: Include asbestos (lung scarring, cancer), mercury (persistent toxic effects), beryllium (progressive lung disease), and ozone (airway irritation, immune system interference).

What is the significance of the Oposa vs. Factoran case?

Oposa vs. Factoran (G.R. No. 101083, July 30, 1993) established the constitutional right to a healthy environment. The Supreme Court recognized that minors have the right to sue for environmental protection on behalf of future generations, establishing intergenerational equity and the state's duty to protect the environment for present and future Filipinos.

What are the main goals of Article XIII of the 1987 Philippine Constitution regarding human rights?

Article XIII aims to: (1) Protect and enhance the right of all people to human dignity; (2) Reduce social, economic, and political inequalities; (3) Remove cultural iniquities. It provides for the creation of the Commission on Human Rights and establishes social justice principles alongside the basic rights guaranteed in the Bill of Rights.