Human Rights Laws of the Philippines - Cheat Sheet
Your last-minute revision companion for Human Rights Laws - all key concepts, laws, and mechanisms for CSE Professional exam success
Human Rights Fundamentals
Important facts
- Human rights are UNIVERSAL, INHERENT, EQUAL, INALIENABLE, INTERDEPENDENT and INDIVISIBLE
- Philippines follows THREE GENERATIONS of human rights development
- Article III of 1987 Constitution contains the Bill of Rights
- Commission on Human Rights created under Article XIII Section 17
- December 10 is International Human Rights Day
Key definitions
Human Rights
Example
Right to life, liberty, and security of person
Rights inherent to all human beings without distinction of race, gender, nationality, ethnicity, language, religion, or any other status
Human Rights Law
Example
Republic Act 6713 - Code of Conduct and Ethical Standards
Rules of conduct created for promotion and protection of human rights - does not create rights but recognizes existing rights
Due Process
Example
Right to fair trial and presumption of innocence
Constitutional process that hears before it condemns, proceeds upon inquiry, renders judgment only after trial
Diagrams to know
- Human Rights Attributes Mind Map
- Three Branches of Government Structure
Major Human Rights Laws
Important facts
- R.A. 9344 - Juvenile Justice and Welfare Act of 2006
- R.A. 9994 - Expanded Senior Citizens Act of 2010
- R.A. 8291 - Government Service Insurance System Act of 1997
- R.A. 11223 - Universal Health Care Act
- R.A. 10173 - Data Privacy Act of 2012
- R.A. 9745 - Anti-Torture Act of 2009
- R.A. 7438 - Rights of Persons under Custodial Investigation
Key definitions
R.A. 9262
Example
Protection from domestic violence and harassment
Anti-Violence Against Women and Their Children Act of 2004
R.A. 7610
Example
Child protection from labor exploitation
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
R.A. 7277
Example
Equal opportunities and accessibility rights
Magna Carta for Disabled Persons
Diagrams to know
- Classification of Human Rights Laws by Category
- Constitutional Human Rights Mechanisms
Constitutional Provisions
Important facts
- Philippines renounces WAR as instrument of national policy (Article II, Section 2)
- Separation of church and state is INVIOLABLE (Article II, Section 6)
- State shall invest HIGHEST BUDGET priority to EDUCATION
- President serves as Commander-in-Chief of Armed Forces
- Commission on Human Rights has investigative and visitorial powers
Key definitions
Bill of Rights
Example
Freedom of speech, religion, and assembly
Article III of 1987 Constitution guaranteeing fundamental civil and political rights
Writ of Habeas Corpus
Example
Protection against arbitrary arrest
Legal remedy against unlawful detention - cannot be suspended except during invasion or rebellion
Parens Patriae
Example
State intervention in child abuse cases
State's power to protect those who cannot protect themselves, especially minors
Diagrams to know
- Three Generations of Human Rights
- Constitutional Commission Structure
Human Rights Enforcement Mechanisms
Important facts
- CHR can investigate but CANNOT prosecute - only recommend prosecution
- Ombudsman handles corruption and administrative cases
- Sandiganbayan tries graft and corruption cases
- Supreme Court has final say on constitutional interpretation
- December 4-10 is National Human Rights Consciousness Week
Key definitions
Commission on Human Rights
Example
Investigation of extrajudicial killings and enforced disappearances
Independent office created by 1987 Constitution to investigate human rights violations
Writ of Amparo
Example
Protection against threats and harassment
Legal remedy for protection of constitutional rights to life, liberty and security
Writ of Habeas Data
Example
Access to personal data and correction of inaccurate information
Legal remedy for protection of privacy rights in information and communication systems
Diagrams to know
- Human Rights Complaint Process Flow
- Judicial Hierarchy in Philippines
Must remember
- Five Human Rights Attributes: UNIVERSAL, INHERENT, EQUAL, INALIENABLE, INTERDEPENDENT/INDIVISIBLE
- Article III = Bill of Rights, Article XIII = Social Justice and Human Rights
- CHR investigates but cannot prosecute human rights violations
- Habeas Corpus suspension only during invasion or rebellion
- R.A. 9262 - Anti-VAWC Act, R.A. 7610 - Child Protection Act
- Three Generations: Civil-Political, Economic-Social-Cultural, Collective Rights
- December 10 = International Human Rights Day
- Parens Patriae = State protection of those who cannot protect themselves
- Writ of Amparo protects life, liberty, security; Habeas Data protects privacy
- Commission on Human Rights created under Article XIII, Section 17 of Constitution
Last minute tips
- Memorize the five human rights attributes using acronym UUEID (Universal, Universal, Equal, Inalienable, Interdependent/Indivisible)
- Remember specific Republic Act numbers - they frequently appear in multiple choice questions
- Know the difference between CHR (investigates) vs Ombudsman (prosecutes administrative cases) vs Sandiganbayan (tries graft cases)
- Article numbers are crucial: Article III (Bill of Rights), Article XIII (Social Justice/Human Rights)
- For writ questions, match the type to its specific protection purpose - don't confuse their functions
Comparison tables
Writs Comparison
| Writ Type | Purpose | Protection Against |
|---|---|---|
| Habeas Corpus | Unlawful detention | Arbitrary arrest and imprisonment |
| Habeas Data | Data privacy violation | Misuse of personal information |
| Amparo | Threats to life/liberty/security | Extrajudicial killings, enforced disappearance |
Constitutional Commissions
| Commission | Primary Function | Key Power |
|---|---|---|
| Civil Service Commission | Merit system in government | Conduct civil service examinations |
| Commission on Elections | Election administration | Enforce election laws |
| Commission on Audit | Government auditing | Examine government accounts |
Diagrams
Human Rights Laws Classification
Comprehensive overview showing the classification and organization of Philippine human rights laws by category and enforcement mechanisms
Human Rights Violation Complaint Process
Step-by-step process for filing different types of human rights complaints and their respective legal remedies
Evolution of Human Rights Recognition
Timeline showing the historical development of human rights recognition from ancient times to the modern Philippine context