EXTRAJUDICIAL KILLINGS

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Article III: Bill of Rights

1987 PHILIPPINE CONSTITUTION ARTICLE III, BILL OF RIGHTS
“Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things
to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires
otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or

of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law
shall not be abridged.

Section 9. Private property shall not be taken for public use without just
compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

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

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

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

shall be inadmissible in evidence against him.

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

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused: Provided, that he has been duly notified and his failure to appear is
unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.”

Source: https://hronlineph.com/resources/domestic/article-iii-bill-of-rights/
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FEBRUARY 16, 2018 LEAVE A COMMENT

What legal document for the human

rights of every Filipino Citizen?
“The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections which declare a
Filipino citizen’s rights and privileges that the Constitution has to protect, no matter
what.
Aside from various local laws, human rights in the Philippines are also guided by the
UN’s International Bill of Human Rights – a consolidation of 3 legal documents
including the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR).
As one of the signatories of these legal documents, the Philippines is obliged to
recognize and apply appropriate laws to ensure each right’s fulfillment.

This is not always the case, however, as the Philippine Constitution lacks explicit laws
to further cement specific human rights in the local context.

For example, the Right to Adequate Food may be included in the UNDR but it is not
explicitly indicated in the Philippine Constitution. Thus the government cannot be
held responsible if this is not attained.”
Source: https://www.rappler.com/newsbreak/iq/114698-human-rights-philippines
FEBRUARY 16, 2018 LEAVE A COMMENT

Crossfire’s Extrajudicial Killings

“Killing by law enforcement agencies are common in Bangladesh. In 1972,the
paramilitary group Jtiya Rakkhi Bahini came into force and had become infamous for
its extrajudicial executions until it was absorbed into the army in 1975. Now, since the
formation of the elite Rapid Action Battalion (RAB) in March 2004 [10] , such
killings are again on the rise and are being categorized under a new vocabulary of
“crossfire”, “extrajudicial killings”, “encounters” etc.
The government tries to justify the killings by using the term “crossfire” [11] , which
it refers to gunfight between any alleged criminal group or “hardened” criminals and
the RAB or police. The term “death in an encounter” is used in other countries to
mean the same thing, but the term “crossfire” is preferred by law enforcement
agencies in Bangladesh. The sinister connotation associated with the word
demonstrates the utter powerlessness of the people facing extrajudicial killings that
are taking place in Bangladesh.

Though there is no legal definition of an extrajudicial killing, if a death is caused by a

law enforcement official without following the legel rules or due judicial process, it
can be considered extrajudicial.

Crossfire is an extrajudicial execution that is in the flagrant violation of Bangladesh’s

constitution and the international human rights conventions of which the country is a
party.”

Although some people believe that extrajudicial killing of hardened criminals helps
ease the problem of “terrorism”, in reality, it encourages lawlessness and aggravates
‘state terrorism’. In different countries across the world, people in power have created
an impression that killing “terrorist” without bringing them to justice can help curb
“terrorism”, but such extrajudicial, in fact, can neither bring peace nor eradicate
“terrorism”.

Since the formation of the RAB, there has been a rising trend of “deaths in crossfire”.
The number of deaths in RAB custody is also alarming.

The RAB, which has been in operation since June 2004, was set up in March 2004 by
amending the Armed Police Battalions Ordinance of 1979 and enacting a new law, the
Armed Police Battalions [12] . It is assigned to investigate any offense under the
direction of the government and has exclusive jurisdiction in this regard. It can
investigate and work for all security purpose, especially as an elite law and order
enforcement agency with a special focus on curbing organized crime and eliminating
top criminals. It basically tackle extreme situation.

The police have also been killing people in the name of “crossfire” [13] . To defend
the law enforcement agencies, the government argues that those who are killed in
crossfire or an encounter are all criminals. “Criminals cannot have human rights.”
State Minister for Home Affairs Lutfozzaman Babar commented on the RAB’s first
anniversary on March 26th of 2006.

Although the law and order situation has improved after the formation of the RAB and
other auxiliary forces, like the Cheetah and Cobra units of the police, and the public
seems to be happy with it, one cannot justify this type of killing from the humanitarian
and legal points of view. Every person has the right to a fair trial; and before any trial,
no one can be killed by law enforcement officials extra judicially.”
Source: https://www.lawteacher.net/free-law-essays/constitutional-law/extra-judicial-
punishments-and-killings-constitutional-law-essay.php
FEBRUARY 16, 2018 LEAVE A COMMENT

Jennelyn Olaires, 26,

cradles the body of her partner, who was killed by a vigilante group, according to
police, in a spate of drug-related killings in Pasay City in Metro Manila, July 23,
2016.

© 2016 Czar Dancel/Reuters

FEBRUARY 16, 2018 LEAVE A COMMENT

THE VICTIMS OF EJK

KILLED IN POLICE OPERATION

Althea Barbon – 4 years old

Hideyoshi Kawata – 17 years old
Joshua Cumilang – 18 years old
 Jefferson Bunuan – 20 years old
Carl Arnaiz – 19 years old

VIGILANTE-STYLE KILLINGS
Danica May Garcia – 5 years old
Francis Mañosca – 5 years old
San Niño Batucan – 7 years old
Kristine Joy Sailog – 12 years old
Jayross “Utoy” Brondial – 13 years old
Michael Diaz – 16 years old
Jonel Segovia – 15 years old
Sonny Espinosa – 16 years old
Angelito Soriano – 16 years old
Erica “Angel” Fernandez – 17 years old
Raymart Siapao – 19 years old
Roman Manaois – 20 years old
Rowena Tiamson – 22 years old

FEBRUARY 15, 2018 LEAVE A COMMENT

human rights for the people

Human rights is where you obliged to respect, protect and fulfill.

“Catholic nuns hold placards as they protest against drug-related extrajudicial killings,
on International.

JANUARY 9, 2018 LEAVE A COMMENT

perspective of others.
These are the opinions of others about no extrajudical killings.
“I am a private citizen and not a lawyer. But I know that every citizen must know his
rights and must understand our laws and our justice system.

Every citizen has the basic right to life and liberty. All our laws are made to protect
the rights of each and every citizen. When there is an apparent violation of our laws, it
is too easy to accuse, to condemn and to execute a suspected criminal. The right of a
citizen is so sacred that we have instituted a very thorough system to be certain that
the right of an innocent individual would not be violated. The protection of a citizen’s
right is incomparably more important than the conviction of a suspected criminal.

When we come to think of it, everything about our justice system — our elaborate
laws, our law enforcement agencies, our courts and rules of court, our judges and
justices — they all exist for one thing: the protection of the right of the innocent and
not the prosecution of the suspect. Why is this so? Look at the remorse, anger, sadness
and regret we feel for the death of 17-year-old Kian Loyd delos Santos.

Junking our justice system for extrajudicial killings is the height of insanity.

(CRISTINO SANTOS, crisan724@yahoo.com)

“We all want to live in a safe society. We want to be able to raise our children in a
safer world. I commend the president on his mission to stamp our crime, drugs and
violence in the Philippines. On that note, we are all aligned in wanting a better
country. However, there has to be a way to do this while letting due process and the
rule of law prevail. I remember the Latin legal phrase – “Fiat iustitia ruat cælum,”
which translates into “Let justice be done though the heavens fall.” Fair justice should
always prevail, especially when lives are at stake.” ( Tony Katigbak, ref: PhilStar)
JANUARY 9, 2018 LEAVE A COMMENT
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