Week 3.

International Human Rights Law

Aim: As a law school that prides itself in “underscoring the teaching of human rights, which will be
offered as an elective and infused in core courses,” it is a must that we must also be exposed to the
practice of human rights internationally and nationally. Thus, for this session, this would be a refresher
discourse on human rights with a “practical” and more operational approach, and looking at possible
legal forms encountered.

Essential Readings:
 Human Rights Watch, “World Report 2019: Philippines” January 2019 available at
https://www.hrw.org/world-report/2017/country-chapters/dangerous-rise-of-populism
 PHILIPPINES 2018 HUMAN RIGHTS REPORT - Country Reports on Human Rights Practices
for 2018 by United States Department of State Bureau of Democracy, Human Rights and Labor
found in the US Department of Justice website available at
https://www.justice.gov/eoir/page/file/1145101/download
 Jose Manuel Diokno, “Civil and Administrative Remedies as Instruments of Accountability for
Human Rights Violations” June 2009, Introduction in p. 1-3

Human Rights Law

A. Domestic Context and Mechanisms
1. Sources and Remedies
a.) 1987 Philippine Constitution
(i) Art. II, Sec. 2, 11
(i) Tañada v. Angara, G.R. 118295, May 2, 1997
(ii) Article XIII
(i) Simon v. CHR, G.R. 100150, January 5, 1994
(ii) Cariño v. CHR, G.R. 9668I, December 2, 1991
b.) Rules by the Supreme Court
(i) Writ of Habeas Corpus. RoC Rule 102
(ii) Writ of Amparo. A.M. 07-9-12-SC, September 25, 2007, as amended
(i) Secretary of National Defense v. Manalo, G.R. 180906, October 26, 2008
(iii) Writ of Habeas Data. A.M. 08-1-16-SC, January 22, 2008
(i) Vivares v. STC, G.R. 202666, September 29, 2014
(ii) In the Matter of the Petition for the Writ of Amparo and the Writ of Habeas Data
in favor of Francis Saez v. GMA, G.R. 183533, September 25, 2012
(iv) Writ of Kalikasan. A.M. 09-6-8-SC, April 13, 2010
(i) See SC Issues Writ of Kalikasan re Scarborough Shoal, et al. May 3, 2019 in
Abogado, et al. v. Department of Environment and Natural Resources, et al.,
G.R. No. 246209, May 3, 2019
(ii) See also DENR Memo 2019-425, 426 found in
https://server2.denr.gov.ph/uploads/rmdd/memo-2019-425.pdf and
https://server2.denr.gov.ph/uploads/rmdd/memo-2019-426.pdf.
c.) Commission on Human Rights
(i) SB No. 183, 18th Congress or the Commission on Human Rights Act of 2019 found
in http://www.senate.gov.ph/lisdata/3041727195!.pdf
2. Other Remedies
a.) Civil Suits. New Civil Code. Art. 32
b.) Administrative Suits.
(i) Against PNP

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 (ii) Against AFP

Usual Documents and Practical Exercises

 Administrative Complaint (See p. 29-33 of the Annex on Paralegal Training Modules of

Diokno’s Civil and Administrative Remedies as Instruments of Accountability for Human
Rights Violations)

Property of the DLSU College of Law Abdel Jamal R. Disangcopan

Not to be reproduced or shared without the permission LegalForms/1st Sem/2017-2018/ajrd