CA 103 - PRELIM PERIOD

WEEK 1: WHAT ARE HUMAN RIGHTS?

 Human rights are rights we have simply because we exist as human-

beings-- they are not granted by any state.
 These right is inherent to all of us.

When we say inherent, it is already existing or vested. It exist naturally or

innate.

 Basic Rights and Freedom that belong to every person in the world,
from birth until death.

These rights are inherent and apply to all, regardless of:

a. Nationality
b. Sex
c. National or Ethnic Origin
d. Color
e. Religion
f. Language, or any other status

They range from the most fundamental: right to life - to those that make
life worth living, such as the rights to food, education, work, health and
liberty.

The principles of human rights were drawn up by human beings as a way

of ensuring that the dignity of everyone is properly and equally
respected, that is, to ensure that a human being will be able to fully
develop and use human qualities such as intelligence, talent and
conscience and satisfy his or her spiritual and other needs.

Human rights enable us to respect each other and live with each other. In
other words, they are not only rights to be requested or demanded but
rights to be respected and be responsible for. The rights that apply to
you also apply to others.

Fundamental
 Forming a necessary base or core; of central importance

Concept
 Something conceived in the mind: thought, notion
 An abstract or generic idea generalized from particular instances

Principles
 A fundamental truth or proposition that serves as the foundation for
a system or behavior or for a chain of reasoning.

FUNDAMENTAL CONCEPTS OF HUMAN RIGHTS

 CA 103 - PRELIM PERIOD
1. Universal
Everyone is born with and possesses the same rights regardless
of their background, nationality, place of 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. Dignity
2. Fairness
3. Equality
4. Respect
5. Independence

TWO MAJOR CATEGORIES OF HUMAN RIGHTS

1. Civil and Political Rights

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.

What are included in Civil and Political Rights?

1. Right to life
2. Right to freedom from torture
3. Right to a fair trial
4. Right to freedom of assembly and association
5. Right to liberty and security
6. Right to freedom from discrimination

2. Economic, Social, and Cultural

Developed in the aftermath of World War II against the background of

growing inequalities and the changed view of the state’s role in an
industrializing world.
Require more economic resources and positive actions from the State,
and have thus been referred to as “rights-debts”.

Known as “security oriented human rights” because these rights jointly

provide and guarantee the essential security in the life of an individual.
 CA 103 - PRELIM PERIOD
What are included in Economic, Social, and Cultural Rights?

1. Right to an adequate standard of living

2. Right to education
3. Right to a healthy environment
4. Right to social security

WEEK 2: BILL OF RIGHTS

Bill of Rights
It is defined as declaration and enumeration of a person’s rights and
privileges, which the Constitution is designated to protect against
violations by the government, or by an individual or, groups of
individuals.

It is a charter of liberties for the individual and a limitation upon the

power of the State (De Leon 70).

CLASSIFICATIONS OF CONSTITUTIONAL RIGHTS

1. Political Rights
2. Civil Rights
3. Social, Economic, and Cultural Rights
4. Rights of the Accused

Political Rights
Rights of the citizens which give them the power to participate, directly
or indirectly, in the establishment or administration of the government.

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.

Social, Economic, and Cultural Rights

Those rights which are intended to insure the well-being and economic
security of the individual.

Rights of the Accused

Those rights intended for the protection of a person accused of any
crime. (De Leon 71)

Article III of the 1987 Philippine Constitution also called Bill of Rights has
22 sections which declares a Filipino citizen’s rights and privileges that
the Constitution has to protect, no matter what, as summarize:
 CA 103 - PRELIM PERIOD
Sectio Summary
ns

1 Guarantee of due process

2 General guarantee of equality
Protection from unjustified restraint
3 Inalienable rights
Right to privacy
4 Freedom of Assembly
Freedom of expression
Right of petition
Freedom of Press
5 Equality regardless of religion
Freedom of religion
Official religion
6 Freedom of movement
7 Right to information
8 Freedom of Association
Right to join trade unions
9 and Protection from expropriation
10
11 Right to counsel
12 Regulation of evidence collection
Protection from self-incrimination
Right to counsel
Prohibition of torture
Protection of victim’s rights
13 Regulation of evidence collection
Protection from unjustified restraint
Right to pre-trial release
14 Regulation of evidence collection
guarantee of due process
Right to examine evidence/witnesses
Right to fair trial
Presumption of innocence in trials
Right to public trial
Right to speedy trial
15 Protection from unjustified restraint
16 Right to speedy trial
17 Protection from self-incrimination
18 Prohibition of slavery
19 Prohibition of cruel treatment
Prohibition of capital punishment
20 Right of debtors
21 Prohibition of double jeopardy
22 Protection from ex post facto laws.

National Human Rights Consciousness Week

 By virtue of RA 9201"National Human Rights Consciousness Week
Act of 2002“
 CA 103 - PRELIM PERIOD
 December 4 to 10 of each year
 To further promote the importance of Human Rights in the
Philippines

Universal Declaration of Human Rights (UDHR)

 It is the primary international articulation of the fundamental and
alienable rights of all members of the human family.
 It is adopted by the United Nations General Assembly on December
10, 1948 at Palais de Chaillot, Paris.
 The Declaration arose directly from the experience of the Second
World War and represents the first global expression of rights to
which all human beings are inherently entitled.
 Milestone document in the history of human rights.
 Drafted by representatives with different legal and cultural
backgrounds from all regions of the worlds
 Common standard of achievements for all peoples and all nations.

The UDHR asserts, “all human beings are free and equal in dignity and
rights” and are “entitled to equality before the law and protection of the
law.” Equal access to legal remedy should be ensured, regardless of
ethnicity, religion, gender , or socio-economic class.

THEORETICAL CATEGORIZATIONS

NATURAL RIGHTS
are a very old philosophical concept. Related to natural law, natural
rights refer to
rights that are universal and inalienable. They are not related to any
government or culture. By being human, a person is entitled to their
natural rights. That’s where we get the concept of universal human
rights.

POSITIVE RIGHTS AND NEGATIVE RIGHTS

The state must provide access to positive rights, like food, housing,
education, and
healthcare. Negative rights refer to the freedom from certain things, like
slavery, torture, and suppression. It’s the state’s role to ensure these
violations do not occur.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The UDHR and other documents lay out five kinds of human rights:
economic, social, cultural, civil, and political.

Economic, social, and cultural rights include the right to work, the right to
food and water, the right to housing, and the right to education.

Documents like the International Covenant on Economic, Social, and

Cultural Rights, which was established in 1976, protect these rights.
 CA 103 - PRELIM PERIOD
Conventions like the Convention on the Rights of the Child safeguard the
economic, social, and cultural rights of specific groups. As with all types
of human rights, the state’s responsibility is to protect, promote, and
implement economic, social, and cultural rights.

Specific examples in this category include:

 The right to work in a safe environment for a fair wage
 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal
Declaration of Human Rights. They state that people must be allowed to
participate
freely in civil and political life without facing repression or discrimination.
While economic, social, and cultural rights are framed as rights a person
is entitled to, most civil and political rights are about protection from
certain things, like torture and slavery.

Documents like the International Covenant on Civil and Political Rights

and its two Optional Protocols outline rights such as:

 The right to life, which is violated by actions like death by torture,

neglect, and use of force
 The right to freedom of expression, which is violated by restricting
access to ideas and limiting press freedom
 The right to privacy, which is violated by intruding on a person’s
sexual life or personal data
 The right to asylum, which is violated by deporting someone to a
country where their lives are at risk
 The right to a fair trial and due process, which is violated by a court
that’s not impartial and excessive delays
 The right to freedom of religion, which is violated when someone is
punished for following their beliefs or forced to adopt another
religion
 The right to freedom from discrimination, which is violated when
traits like race, gender, religion, etc are used as justification for
actions like being fired from a job.

MULTILATERAL CONVENTIONS ON HUMAN RIGHTS

The Multilateral Conventions on Human Rights adopted under the direct
auspices of the United Nations are as follows:

1. International Covenant on Civil and Political Rights

 CA 103 - PRELIM PERIOD
ICCPR is United Nations treaty based on the Universal Declaration of
Human Rights
Created in 1966 and entered into force on March 23, 1976.
Civil and political rights are enshrined in Articles 3 to 21 of the UDHR.

2. International Covenant on Economic, Social and Cultural

Rights
The ICESCR is multilateral treaty adopted by United Nations General
Assembly on December 16, 1966 and in force from January 3, 1976.
Economic, social and cultural rights are enshrined in Articles 22 to 28
of the UDHR and in ICESCR.

3. Convention against Torture and Other Cruel, Inhuman,

Degrading Treatment or Punishment
Aims to prevent torture around the world.
The Convention mandates every State Party to take effective
legislative, administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction.
The Committee Against Torture (CAT) is a body of human rights
experts that monitors implementation of the convention by State
parties.

4. Convention on the Rights of the Child

CRC or UNCRC
It is an international convention setting out civil, political, economic,
social and cultural rights of children.

5. Convention on the Elimination of all Forms of Discrimination

against Women
The United Nations Adopted and opened for signature, ratification and
accession this Convention on 18 December 1979 and was entered into
Force on 3 September 1981.

The term “Discrimination against Women” under the Convention shall

mean any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing of nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on
a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other
field.

6. International Convention on the Elimination of all Forms of

Racial Discrimination
The Convention provides that, State Parties condemn racial
discrimination and undertake to pursue by all appropriate means and
without delay a policy of eliminating racial discrimination in all its forms
and promoting understanding among all races.

7. Convention (No. 105) Concerning the Abolition of Forced

Labour
 CA 103 - PRELIM PERIOD
under the convention, each Member of the International Labour
Organisation which ratifies this Convention undertakes to suppress and
not to make use of any form of forced or compulsory labour:

a) As means of political coercion or education or as a punishment for

holding or expressing political views or views ideologically opposed
to the established political, social or economic system;
b) As a method of mobilizing and using labour for purposes of economic
development;
c) As means of labour discipline;
d) As a punishment for having a participated in strikes;
e) As a means of racial, social, national or religious discrimination.

WEEK 3: HUMAN RIGHTS VIOLATIONS

TYPES OF HUMAN RIGHTS VIOLATION

A state commits human rights violations either directly or indirectly.

1. Perform intentionally by state
2. Failure by state to protect

Perform Intentionally by State


When a state engages in human rights violations, various actors can
be involved such as police, judges, prosecutors, government officials, and
more.

The violation can be physically violent in nature, such as police

brutality, while rights such as the right to fair trial can be violated, where
no physical violence is involved.

Failure by State to Protect


Occurs when there’s a conflict between individuals or group within a
society. If the state does nothing to intervene and protect vulnerable
people and groups, its participating in the violations.

EXAMPLES OF HUMAN RIGHTS VIOLATIONS

A. CIVIL AND POLITICAL RIGHTS

Are violated through genocide, torture, and arbitrary arrest. These

violations often happen during times of war, when a human rights
violation intersects with the breaking of laws about armed conflict, its
known as a war crime.

 Armed criminal and terrorist groups kidnapped civilians for ransom.

 CA 103 - PRELIM PERIOD
 The use of child soldiers, particularly by terrorist and anti-
government organizations, remained a problem, especially in
some parts of Mindanao affected by low-intensity conflict.

 Conflict can also trigger violations of the right to freedom of

expression and the right to peaceful assembly. States are usually
responsible for the violations as they attempt to maintain control
and push down rebellious societal forces.

 Human trafficking is currently one of the largest issues on a global

scale as millions of mean, women and children are forced into
labor and sexual exploitation.

 Religious discrimination is also very common in many places around

the world. These violations often occur because the state is failing
to protect vulnerable groups.

B. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

As described in the UDHR, economic, social and cultural rights include

the right to work, the right to education, and the right to physical and
mental health.

The United Nations Office of the High Commissioner for Human Rights
gives a handful of examples of how these rights can be violated. They
include:

 Contaminating water, for example with waste from State - owned

facilities (the right to health)
 Evicting people by force from their homes (the right to adequate
housing)
 Denying services and information about health (the right to health)
 Discriminating at work based on traits like race, gender, and sexual
orientation (the right to work)
 Failing to provide maternity leave (protection of and assistance to
the family)
 Not paying a sufficient minimum wage (rights at work)
 Segregating students based on disabilities (the right to education)
 Forbidding the use of minority/indigenous languages (the right to
participate in cultural life)

Other examples of Human Rights Violation:

 Extrajudicial execution or other killing
 Rape
 Failure to address domestic violence
 Arbitrary Detention
 Forced Evictions
 CA 103 - PRELIM PERIOD

VIOLATED HUMAN RIGHTS IN PHILIPPINES

 Respect for the Integrity of the Person, including Freedom

from:

A. Arbitrary Deprivation of Life and Other Lawful or Politically

Motivated Killings
 Unlawful killings in connection with the government-directed
campaign against illegal drugs of Police Officers involved in
killings in the anti-drug war since 2016, only three had been
convicted of murder-all in 2018 for the 2017 murder of juvenile.

B. Disappearance
 Kidnappings during the year were common and predominantly
for criminal purposes (i.e., ransom)

C. Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment
 Common forms of abuse during arrest and interrogation
reportedly included electric shock, cigarette burns, and
suffocation.

 NGOs and media reported local governments used psychological

abuse, including shaming, as punishment for community
quarantine curfew violators. Under the torture statutes, the
public parading or shaming of a person is illegal when used to
undermine a person’s dignity and morale.

 Rape and sexual abuse of women in police or protective custody

Prison and Detention Center Conditions

 Prison conditions were often harsh and life threatening and

included gross overcrowding, inadequate sanitary conditions,
physical abuse, and a chronic lack of resources including
medical care and food.

 In some facilities authorities did not fully segregate juveniles

from adults

 Opportunities for prisoner recreation, learning, and self-

improvement remained scarce.

D. Arbitrary or Unlawful Interference with Privacy, Family,

Home or Correspondence
 CA 103 - PRELIM PERIOD
 Although the government generally respected restrictions on
search and seizure within private homes, searches without
warrants continued. Judges generally declared evidence
obtained illegally to be inadmissible.

E. Abuses in Internal Conflicts

 Anti-government groups attacked security force units, causing
deaths.

 The NPA also menaced government offices and attacked or

threatened businesses, power stations, farms and private
communication facilities to enforce collection of extortion
payments, or so-called revolutionary taxes.

 Armed criminal and terrorist groups kidnapped civilians for

ransom.

 The use of child soldiers, particularly by terrorist and anti-

government organizations, remained a problem, especially in
some parts of Mindanao affected by low-intensity conflict.

 Respect for Civil Liberties, including:

A. Freedom of Expressions, including for the Press

 Government threats and actions against media outlets,
journalists, and government critics.

B. Discrimination, Societal Abuses and Trafficking in Persons

 Domestic violence against women.

 NGOs reported that cultural and social stigma deterred many

women from reporting rape or domestic violence. NGOs
reported that rape and sexual abuse of women in police or
protective custody continued.

 Education is free and compulsory through age 18, but the

quality of education was often poor and access difficult,
especially in rural areas where substandard infrastructure
makes traveling to school challenging.

 Child abuse

 Criminals and family members continued to use minors in the

production of pornography and in cybersex activities.

 Children continued to be victims of sex trafficking, and the

country remained a destination for foreign and domestic child
sex tourists.
 CA 103 - PRELIM PERIOD
 Many street children were involved in begging, garbage
scavenging, and petty crime.

 Great majority of public buildings remained inaccessible to

persons with physical disabilities. Government efforts to
improve access to transportation for persons with disabilities
were limited.

 Persons with disabilities continued to face discrimination and

other challenges in finding employment

 Indigenous children often suffered from lack of health care,

education, and other basic services.

 Armed groups frequently recruited from indigenous populations.

Indigenous peoples’ lands were also often the site of armed
encounters related to resource extraction or inter tribal
disputes, which sometimes resulted in displacement or killings.

 NGOs reported incidents of discrimination and abuse against

LGBTI persons, including in employment, education, health care,
housing, and social services.

C. Worker Rights
 Forced labor by adults and children mainly in fishing and other
maritime industries, small-scale factories, gold mines, domestic
service, agriculture, and other areas of the informal sector.

 Unscrupulous employers subjected women from rural

communities and impoverished urban centers to domestic
service, forced begging, and forced labor in small factories.

 Women faced discrimination both in hiring and on the job. Some

labor unions claimed female employees suffered punitive action
when they became pregnant.

 Complaints about payment under the minimum wage and non-

payment of social security contributions and bonuses.

WEEK 4: TREATMENT VS. PUNISHMENT

Punishment
It is the penalty imposed on an offender for a crime or wrong doing.

 The types and duration of punishment that may be inflicted on the

prisoners should always be determined by law and by the regulation
of the competent administrative authority.
 CA 103 - PRELIM PERIOD
 Punishments must always be relevant to the offense committed.

 Term punishment is derived from the Old French word “puniss”,

and extended form of the stem “punir”, meaning “to punish”

 Latin word “punire”, which means to “inflict a penalty on, cause

pain for some offense”

THEORIES IN JUSTIFICATION OF PENALTIES

1) Prevention – the state must punish the criminal to prevent or

suppress the danger to the state arising from the criminal acts of the
offender.

2) Self-defense – the state has the right to punish the criminal as a

measure of self-defense so as to protect society from the threat and
wrong action inflicted by the criminal.

3) Reformation – the object of punishment in criminal case is to

correct and reform the offender.

4) Exemplarity – the criminal is punished to serve as an example to

others to deter from committing the crime.

5) Justice – that crime must be punished by the state as an act of

retributive justice, a vindication of absolute right and moral law
violated by the criminal.

6) Retribution – personal vengeance

7) Expiation or Atonement – it is advocated during the pre-historic

age. It is the execution of punishment visibly or publicly for the
purpose of appeasing a social group. Expiation is group vengeance
as distinguished from retribution.

8) Deterrence – Cesare Becarria, the exponent of Classical Theory

contended that punishment is to prevent others in committing a
crime.

FORMS OF PUNISHMENT

The punishment of criminals has undergone many noteworthy changes,

reflecting custom, economic conditions, and religious and political ideas.

Punishments are now considered cruel and inhuman, although still

practiced in many parts of the world and other punishments have
become outmoded for a variety of reasons.
 CA 103 - PRELIM PERIOD
Punishment is considered cruel if it is flagrantly and plainly oppressive,
wholly disproportionate to the nature of the offense as to shock the moral
sense of the community, or when it involves torture of lingering death.

1) Capital Punishment - refers to the authorized execution of a

convicted accused. In America, capital punishment in the 20th
century has been almost completely limited to offenders convicted
of murder, forcible rape, and certain wartime activities such as
treason.

Before the enactment of Republic Act No. 9346 (AN ACT PROHIBITING
THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES), the death
penalty shall be executed under the authority of the Director of Bureau of
Corrections by lethal injection.

Lethal Injection – refers to sodium thiopenthotal, pancuronium

bromide, potassium chloride, and such other lethal substances as may be
specified by the Director that will be administered intravenously into the
body of a convict until said convict is pronounced dead. (Sec. 1, Part VII,
of BuCor Operating Manual)

2) Deportation – is a form of punishment, either in lieu of

imprisonment or limited to aliens, who may be returned to their
country of origin or current citizenship.

3) Confinement or Imprisonment – is the state of being confined;

restraint within limits; restraint within doors by sickness; any
restraint of liberty by force or other obstacle or necessity; hence
imprisonment.

Imprisonment is used in the case of penalties provided for crimes in the

Revised Penal Code and special laws (Moreno 453). It is now the most
widely used punishment inflicted on serious offenders.

4) Fines – is a pecuniary punishment imposed by a lawful tribunal or

court upon a person convicted of crime or misdemeanour.

It constitutes sum of money to be paid by an offender to the State

(specifically not to the victims) and are imposed either in lieu of or in
addition to a prison sentence.

5) Supervision of an Involuntary Nature – in lieu of imprisonment

(as a probation) or as the result of shortening of a prison sentence
(as a parole), supervision of an involuntary nature has been widely
used in the United States and civil law countries.
 It is part of the concept of community corrections.
 CA 103 - PRELIM PERIOD
6) Enforced Therapy – usually a psychiatric nature, is sometimes
imposed upon an offender. This can involve confinement in
psychiatric institution, or it can be a substitute for such confinement.
(Allen et al. 373-375)

7) Corporal Punishment – is a kind of physical punishment that

involves the deliberate infliction of pain as retribution for an offense,
or for the purpose of disciplining or reforming a wrongdoer, or to
deter attitudes or behaviour deemed unacceptable.

8) Transportation – this refers to a particular form of banishment in

which an offender is compelled to move to a colony, desolate
outpost in his own country, or elsewhere.
 this force movement was at one time widely popular in England,
with felons being transported to its plantation colonies.

9) Excommunication – it is the practice of making an individual a

complete pariah, so that no one should have any contact with him.
 It is still practiced on rare occasions by some orthodox religious
orders, but then falls into the category of informal or unofficial
rather than criminal punishment.

10) Exile or Banishment – the act of compelling a person to leave the

country in which he resides and which, usually, he is a citizen.

11) Slavery – is “the denial of the natural right of a person to do as he

pleases,” and it consisted in the subjection of an individual to the
ownership of another.
 it is a system under which people are treated as property and
are forced to work.

12) Permanent Physical Injury – this is the special form of corporal

punishment in which part of the body, often the “offending part,” is
removed. Thus, the hand of a thief is amputated and a rapist is
castrated (Allen et. al 373-375).

PURPOSE OF PUNISHMENT OR CRIMINAL SENTENCE

There are primary and secondary elements of punishment.

The primary elements are:

1. The moral responsibility of the convict;
2. The relation of the convict to the private complainant
3. The intention of the convict; and
4. The temptation to the act or the excuse for the crime

The secondary elements are:

1. The reformation of the offender;
 CA 103 - PRELIM PERIOD
2. The prevention of the further offenses by the offender; and
3. The repression of offenses in others.

PURPOSE OF PUNISHMENT

1. Retribution – the goal of this punishment is that the offender

should “pay back” society for the harm he or she has done.
 A goal of retribution is to retaliate for the wrong done in such
way that the nature of the punishment reflects the nature of the
offense (Fairchild and Dammer 215)
 In ethics and law means, “Let the punishment fit the crime,”
which is principle that severity of penalty for a misdeed or
wrongdoing should be reasonable and proportionate to the
severity of the infraction.

2. Incapacitation – consists of the removal of the offender from

society (by execution or confinement), or taking such other
measures as to make commission of the crime impossible
(amputation, castration, or some other physical injury)
 As a punishment goal refers, in its most general sense, to
restricting an offender’s freedom of movement. Presumably,
society is protected when the offender cannot move freely about
in the community. (Reichel 240-241)

3. Deterrence – this based on the idea that punishment of an

individual offender will deter him from committing the same or other
offenses in the future (specific deterrence) and will convince others
that “crime does not pay” (general deterrence).

4. Rehabilitation – means the return to a former existence or

achievement. It evokes a sense of restoration or reinstatement.
 The concept has a certain limited utility in describing a once
law-abiding individual who, for one reason or another, deviated
from his usual practices into criminal behavior. The goal with
such individual would logically be to restore him to his former
state of existence (Vachss and Bakal 34)

Treatment – Covers the different arts and attitudes which are used in
attempts to help patients, the treated, to arrive at more realistic solution
to their basic problems of accepting themselves and relating to others.

Therapeutic Model – the design of corrections as guided by the

rehabilitative ideal that the offenders condition should be improved or
behavior changed in the course of criminal punishment.

Correction – in its simplest meaning is the punishment and treatment of

a criminal offender through a program of imprisonment, parole,
probation, and other services of supervision.
 CA 103 - PRELIM PERIOD
 It is the portion of the criminal justice system charged with
carrying out sentences of our courts.

 Refer to the programs, services, agencies, and institutions

responsible for supervising person charged with or convicted of
crime (Carlson, Hess, and Orthmann 7)

 Involves the punishment, treatment, and incapacitation of

convicted criminal offenders.

 Is it looks upon the task of the government as being to

rehabilitate, reform, treat, cure or correct the law-breaker,
changing him into a law-abiding citizen or resident of the
country.

Present Correction System – is composed of the institutions in the

government, civil society, and the business sector that are involved in
the confinement, correction, and restoration of person charged with or
convicted of delinquent acts or crimes.

Corrections - is the fourth pillar of the Philippines Criminal Justice

System composed of two major and equally significant components:
Institution-Based Corrections (Institutional Corrections) and Community-
Based Corrections (Non-Institutional Corrections). Both are being
implemented by three departments of the executive branch of the
government.

A. Department of Justice (DOJ) – it manages the national prisoners

through its offices:
a) Bureau of Corrections (BuCor) – it is given the principal task of
the rehabilitation of prisoners confined in national prisons so they
can become useful members of society upon completion of their
service of sentence.

b) Board of Pardon and Parole (BPP) – it recommends to the

President the prisoners who are qualified for parole, pardon, or
other forms of executive clemency in the form of reprieve,
commutation of sentence, conditional pardon, and absolute
pardon.

c) Parole and Probation Administration (PPA) – it conducts post-

sentence investigation of petitioners for probation as referred by
the courts, as well as pre-parole or pre-executive clemency
investigation.

 It exercises general supervision over all parolees and

probationers and promotes the correction and rehabilitation of
offenders outside the prison institution.
 CA 103 - PRELIM PERIOD
B. Department of Interior and Local Government (DILG)
Under this department are:
a) Bureau of Jail Management and Penology (BJMP) – it has
jurisdiction over all municipal, city, and district jails nationwide.

b) Provincial Local Government Unit – it operates all provincial jails

not properly turned over to the BJMP.

c) Philippine National Police (PNP) – it maintain detention facilities

in its different police stations nationwide and custodial center
inside the PNP Headquarters in Camp Crame.

C. Department of Social Welfare and Development – it operates

Regional Rehabilitation Centers and assumes responsibility for the
restorative part of the correction system by maintaining centers for
the care and restoration of abused women and children who are in
conflict with the law.

GOAL OF CORRECTIONS

The ultimate goal of correction is to make the community safer by

reducing the incidence of crime. Objectives pertaining to the field of
corrections are:
1. Protection of community 5. Improved protective services
2. Crime prevention 6. Improved treatment practices
3. Offender rehabilitation 7. Increased program research
4. Administration of Justice 8. Public understanding

WEEK 5: GOVERNMENTAL PROGRAMS FOR THE VICTIMS

 “Katarungang Pambarangay” (Village Justice System)

 Unique and indigenous way of settling disputes and treating
both offenders and victims at the village “barangay” level.

 Victim is viewed as a complainant - unresolved conflict or

dispute from the barangay level is elevated to the jurisdiction of the
police
 If a criminal charge progresses up to the courts, the victim
continues to act in the role of prosecution witness in the case
against the offender.
 Under the Rules of Court, the victim may seek restitution for
damages from the crime by filing a civil suit against the offender

 Witness Protection, Security, and Benefit Program of the

Department of Justice - A victim/witness who believes
 CA 103 - PRELIM PERIOD
himself/herself to be in danger from an offender can apply for
admission

 RA 7309 - AN ACT CREATING A BOARD OF CLAIMS UNDER THE

DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT
OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER
PURPOSES

 Board of Claims - created in 1992 under the Department of Justice

 To grant compensation for victims of unjust imprisonment or
detention and victims of violent crimes

Claimants:
a) Victims of the crime
b) Dependents of homicide victims
c) Victims who were unjustly imprisoned or detained

Procedures:
A claimant can obtain an application from the Board of Claims through
the Secretariat of the Board of Claims, Department of Justice, Republic of
the Philippines. Victims should submit copies of all medical records from
treating hospitals and physicians with the application. The Board of
Claims is required to render a decision within 30 days.

Benefits and Award Limits:

PHP 10,000 - maximum award to victims of crime or the dependents of

homicide victims

PHP 60, 000 - maximum award to victims of unjust imprisonment or

detention

Compensable costs:
a) Medical expenses
b) Mental health expenses
c) Lost support for dependents of homicide
d) Funeral and burial expenses

 Commission on Human Rights - exists under a constitutional

mandate to act as an independent office to protect and promote
human rights.

This commission provides financial assistance to victims of human rights

violations or their families, so as to help alleviate suffering and sustain
their basic needs within a specified period.

Republic Act No. 10368 – otherwise known as the “Human Rights

Reparation and Recognition Act of 2013”, was signed into law by
 CA 103 - PRELIM PERIOD
President Benigno Simeon C. Aquino on 25 February 2013, after decades
of discussions.

 Declares that the State recognizes the heroism and sufferings of all
Filipinos and provides reparation to the victims and o/or their
families for the deaths, injuries, sufferings, deprivations and
damages they suffered under the Marcos regime. The law
recognized that there were civil, political and economic rights that
were violated by the authoritarian regime.

The law states the following:

Section 2. Declaration of Policy — Section 11 of Article II of the

1987 Constitution of the Republic of the Philippines declares that the
State values the dignity of every human, person and guarantees full
respect for human rights. Pursuant to this declared policy,

Section 12 of Article III of the Constitution prohibits the use of

torture, force, violence, threat, intimidation, or any other means which
vitiate the free will and mandates the compensation and rehabilitation of
victims of torture or similar practices and their families.

By virtue of Section 2 of Article II of the Constitution adopting

generally accepted principles of international law as part of the law of the
land, the Philippines adheres to international human rights laws and
conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the
Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading
Treatment or Punishment which imposes on each State party the
obligation to enact domestic legislation to give effect to the rights
recognized therein and to ensure that any person whose rights or
freedoms have been violated shall have an effective remedy, even if the
violation is committed by persons acting in an official capacity. In fact,
the right to a remedy is itself guaranteed under existing human rights
treaties and/or customary international law, being peremptory in
character (jus cogens) and as such has been recognized as non-
derogable.

Human Rights Victims’ Claims Board (HRVCB) - tasked to receive,

evaluate, investigate, and adjudicate claims by human rights violations
victims (HRVVs) for reparation and/or recognition.

 The Board was mandated to determine the eligibility of claims, the

nature and extent of the human rights violation committed, award
points as appropriate then distribute monetary reparation to eligible
claimants.

 May also motu proprio recognize victims of human rights violations,

outside of those who filed claims.
CA 103 - PRELIM PERIOD