ABADA COLLEGE

MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

ARTICLE III

Bill of Rights

Bill of Rights Article III enumerates the fundamental

rights of the Filipino people. The Bill of Rights sets the limits
to the government's power which proves to be not absolute. Among
the rights of the people are freedoms of speech, assembly,
religion, and the press. An important feature here is the
suspension of the privilege of the writ of habeas corpus which
have three available grounds such as invasion, insurrection and
rebellion.

CLASSES OF RIGHTS

1. Natural rights
– rights which are possessed by every
citizen without being granted by the
State for they are given to man by God
as a human being so that he may live
a happy life.

2. Constitutional rights
– rights which are conferred and
protected by the Constitution.

3. Statutory rights
– rights which are provided by laws
promulgated by the law-making body and
may be abolished by the same body.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

DUE PROCESS OF LAW

Due process of law has been defined many, many times, and
simply means that before a man can be deprived of his life,
liberty or property, he must be given an opportunity to defend
himself.

ASPECTS OF DUE PROCESS OF LAW

1. Procedural due process

- consists of the two basic rights of notice and hearing, as
well as the guarantee of being heard by an impartial and
competent tribunal.

2. Substantive due process

- requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty, or
property
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

SEARCH WARRANT AND WARRANT OF ARREST

A. Search warrant
– a search warrant is an order in writing, issued in the
name of the People of the Philippine Islands, signed by a
judge or a justice of the peace, and directed to a peace
officer, commanding him to search for personal property and
bring it before the court.

B. Warrant of arrest
- a written document issued by a court. ordering any peace
officer to bring the person before the court so that he may
be bound to answer for the commission of an offense.

SCOPE OF PROTECTION

2. PERSONS 3. HOUSES 1. PAPERS & EFFECT

- applies to every - not limited to - Include sealed
citizen of the dwelling houses letters and
Philippines but extends to a packages in the
including aliens garage, mail which may
whether accused warehouse, shop, be opened and
of crime or not. store, office examined only in
and even a pursuance of a
safety deposit valid search
vault. warrant.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

WHEN SEARCH AND SEIZURE UNREASONABLE

In general, all illegal searches and seizures are
unreasonable while lawful ones are reasonable.

REQUISITES FOR VALID SEARCH WARRANT OR

WARRANT OF ARREST
1. Issued upon probable cause.
2. The probable cause must be determined personally by the judge
himself.
3. Such determination of the existence of probable cause must
be made after examination by the judge of the complainant
and the witnesses he may produce.
4. Must particularly describe the place to be searched and the
persons or things to be seized.

PROBABLE CAUSE
- such facts and circumstances antecedent to the issuance of a
warrant sufficient in themselves to induce cautious man to rely
upon them and act in pursuance thereof.

RIGHT AGAINST UNREASONABLE SEARCH AND

SEIZURE, PERSONAL

1. Proper party to invoke right

- the legality of search and seizure can be contested only by
the party whose personal rights were involved.
2. Right subject to waver
- Without proper search warrant, no public official has the
right to enter the premises of another without his consent for
the purpose of search and seizure.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

WHEN SEARCH AND SEIZURE MAY BE MADE

WITHOUT WARRANT

1. Where there is consent or waiver.

2. Where search is an incident to a lawful arrest.
3. In the case of contraband or forfeited goods being
transported.
4. The possession of articles prohibited by law is disclosed to
plain view or is open to eye and hand.
5. As an incident of inspection, supervision and regulation in
the exercise of police power.
6. Routinary searches usually made at the border or at ports of
entry in the interest of national security and for proper
enforcement or customs and immigration laws
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

WHEN ARREST MAY BE MADE WITHOUT WARRANT

1. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit
an offense.
2. When an offense has in fact just been committed and has
been personal knowledge of facts indicating that a person to
be arrested has committed it. 3. When a person to be arrested
is a prisoner who has escaped from a penal establishment where
he is serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

REVISED RULES OF COURT OF THE PHILIPPINES

SUPREME COURT
RULE 102

HABEAS CORPUS
Sec. 1. To what habeas corpus extends. - Except as otherwise
expressly provided by law, the writ of habeas corpus shall extend
to all cases of illegal confinement or detention by which any
person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the person entitled
thereto.
Sec. 2. Who may grant the writ. - The writ of habeas corpus may
be granted by the Supreme Court, or any member thereof, on any
day and at any time, or by the Court of Appeals or any member
thereof in the instances authorized by law, and if so, granted
it shall be enforceable anywhere in the Philippines, and may be
made returnable before the court or any member thereof, or before
the Court of First Instance, or any judge thereof for the hearing
and decision on the merits. It may also be granted by a Court
of First Instance, or a judge thereof, on any day and at any
time, and returnable before himself, enforceable only within his
judicial district.
Sec. 3. Requisites of application therefor. - Application for
the writ shall be by petition signed and verified either by the
party for whose relief it is intended, or by some person on his
behalf, and shall set forth:
(a) That the person in whose behalf the application is made
is imprisoned or restrained of his liberty;
(b) The officer or name of the person by whom he is so
imprisoned or restrained; or, if both are unknown or
uncertain, such officer or person may be described by an
assumed appellation, and the person who is served with the
writ shall be deemed the person intended;
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

(c) The place where he is so imprisoned or restrained, if

known;
(d) A copy of the commitment or cause of detention of such
person, if it can be procured without impairing the
efficiency of the remedy; or, if the imprisonment or
restraint is without any legal authority, such fact shall
appear.
Sec. 4. When writ not allowed or discharge authorized. - If it
appears that the person alleged to be restrained of his liberty
is in the custody of an officer under process issued by a court
or judge or by virtue of a judgment or order of a court of
record, and that the court or judge had jurisdiction to issue
the process, render the judgment, or make the order, the writ
shall not be allowed; or if the jurisdiction appears after the
writ is allowed, the person shall not be discharged by reason
of any informality or defect in the process, judgment, or order.
Nor shall anything in this rule be held to authorize the
discharge of a person charged with or convicted of an offense
in the Philippines, or of a person suffering imprisonment under
lawful judgment.
Sec. 5. When the writ must be granted and issued. - A court or
judge authorized to grant the writ must, when a petition therefor
is presented and it appears that the writ ought to issue, grant
the same forthwith, and immediately thereupon the clerk of the
court shall issue the writ under the seal of the court; or in
case of emergency, the judge may issue the writ under his own
hand, and may depute any officer or person to serve it.
Sec. 6. To whom writ directed, and what to require. - In case
of imprisonment or restraint by an officer, the writ shall be
directed to him, and shall command him to have the body of the
person restrained of his liberty before the court or judge
designated in the writ at the time and place therein specified.
In case of imprisonment or restraint by a person not an officer,
the writ shall be directed to an officer, and shall command him
to take and have the body of the person restrained of his liberty
before the court or judge designated in the writ at the time and
place therein specified, and to summon the person by whom he is
restrained then and there to appear before said court or judge
to show the cause of the imprisonment or restraint.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Sec. 7. How prisoner designated and writ served. - The person

to be produced should be designated in the writ by his name, if
known, but if his name is not known he may be otherwise described
or identified. The writ may be served in any province by the
sheriff or other proper officer, or by a person deputed by the
court or judge. Service of the writ shall be made by leaving the
original with the person to whom it is directed and preserving
a copy on which to make return of service. If that person cannot
be found, or has not the prisoner in his custody, then the
service shall be made on any other person having or exercising
such custody.
Sec. 8. How writ executed and returned. - The officer to whom
the writ is directed shall convey the person so imprisoned or
restrained, and named in the writ, before the judge allowing the
writ, or, in case of his absence or disability, before some
other judge of the same court, on the day specified in the writ,
unless, from sickness or infirmity of the person directed to be
produced, such person cannot, without danger, be brought before
the court or judge; and the officer shall make due return of the
writ, together with the day and the cause of the caption and
restraint of such person according to the command thereof.
Sec. 9. Defect of form. - No writ of habeas corpus can be
disobeyed for defect of form, if it sufficiently appears
therefrom in whose custody or under whose restraint the party
imprisoned or restrained is held and the court or judge before
whom he is to be brought.
Sec. 10. Contents of return. - When the person to be produced
is imprisoned or restrained by an officer, the person who makes
the return shall state therein, and in other cases the person
in whose custody the prisoner is found shall state, in writing
to the court or judge before whom the writ is returnable, plainly
and unequivocally:
(a) Whether he has or has not the party in his custody or
power, or under restraint;
(b) If he has the party in his custody or power, or under
restraint, the authority and the true and whole cause
thereof, set forth at large, with a copy of the writ, order,
execution, or other process, if any, upon which the party
is held;
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

(c) If the party is in his custody or power or is restrained

by him, and is not produced, particularly the nature and
gravity of the sickness or infirmity of such party by reason
of which he cannot, without danger, be brought before the
court or judge;
(d) If he has had the party in his custody or power, or
under restraint, and has transferred such custody or
restraint to another, particularly to whom, at what time,
for what cause, and by what authority such transfer was
made.
Sec. 11. Return to be signed and sworn to. - The return or
statement shall be signed by the person who makes it; and shall
also be sworn to by him if the prisoner is not produced, and in
all other cases unless the return is made and signed by a sworn
public officer in his official capacity.
Sec. 12. Hearing on return; Adjournments. - When the writ is
returned before one judge, at a time when the court is in
session, he may forthwith adjourn the case into the court, there
to be heard and determined. The court or judge before whom the
writ is returned or adjourned must immediately proceed to hear
and examine the return, and such other matters as are properly
submitted for consideration, unless for good cause shown the
hearing is adjourned, in which event the court or judge shall
make such order for the safekeeping of the person imprisoned or
restrained as the nature of the case requires. If the person
imprisoned or restrained is not produced because of his alleged
sickness or infirmity, the court or judge must be satisfied that
it is so grave that such person cannot be produced without
danger, before proceeding to hear and dispose of the matter. On
the hearing the court or judge shall disregard matters of form
and technicalities in respect to any warrant or order of
commitment of a court or officer authorized to commit by law.
Sec. 13. When the return evidences, and when only a plea. - If
it appears that the prisoner is in custody under a warrant of
commitment in pursuance of law, the return shall be considered
prima facie evidence of the cause of restraint; but if he is
restrained of his liberty by any alleged private authority, the
return shall be considered only as a plea of the facts therein
set forth, and the party claiming the custody must prove such
facts.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Sec. 14. When person lawfully imprisoned recommitted, and when

let to bail. - If it appears that the prisoner was lawfully
committed, and is plainly and specifically charged in the
warrant of commitment with an offense punishable by death, he
shall not be released, discharged, or bailed. If he is lawfully
imprisoned or restrained on a charge of having committed an
offense not so punishable, he may be recommitted to imprisonment
or admitted to bail in the discretion of the court or judge. If
he be admitted to bail, he shall forthwith file a bond in such
sum as the court or judge deems reasonable, considering the
circumstances of the prisoner and the nature of the offense
charged, conditioned for his appearance before the court where
the offense is properly cognizable to abide its order or
judgment; and the court or judge shall certify the proceedings,
together with the bond, forthwith to the proper court. If such
bond is not so filed, the prisoner shall be recommitted to
confinement.
Sec. 15. When prisoner discharged if no appeal. - When the court
or judge has examined into the cause of caption and restraint
of the prisoner, and is satisfied that he is unlawfully
imprisoned or restrained, he shall forthwith order his discharge
from confinement, but such discharge shall not be effective
until a copy of the order has been served on the officer or
person detaining the prisoner. If the officer or person
detaining the prisoner does not desire to appeal, the prisoner
shall be forthwith released.
Sec. 16. Penalty for refusing to issue writ, or for disobeying
the same. - A clerk of a court who refuses to issue the writ
after allowance thereof and demand therefor, or a person to whom
a writ is directed, who neglects or refuses to obey or make
return of the same according to the command thereof, or makes
false return thereof, or who, upon demand made by or on behalf
of the prisoner, refuses to deliver to the person demanding,
within six (6) hours after the demand therefor, a true copy of
the warrant or order of commitment, shall forfeit to the party
aggrieved the sum of one thousand pesos, to be recovered in a
proper action, and may also be punished by the court or judge
as for contempt.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Sec. 17. Person discharged not to be again imprisoned. - A person

who is set at liberty upon a writ of habeas corpus shall not be
again imprisoned for the same offense unless by the lawful order
or process of a court having jurisdiction of the cause or
offense; and a person who knowingly, contrary to the provisions
of this rule, recommits or imprisons, or causes to be committed
or imprisoned, for the same offense, or pretended offense, any
person so set at liberty, or knowingly aids or assists therein,
shall forfeit to the party aggrieved the sum of one thousand
pesos, to be recovered in a proper action, notwithstanding any
colorable pretense or variation in the warrant of commitment,
and may also be punished by the court or judge granting writ as
for contempt.
Sec. 18. When prisoner may be removed from one custody to
another. - A person committed to prison, or in custody of an
officer, for any criminal matter, shall not be removed therefrom
into the custody of another officer unless by legal process, or
the prisoner be delivered to an inferior officer to carry to
jail, or, by order of the proper court or judge, be removed from
one place to another within the Philippines for trial, or in
case of fire, epidemic, insurrection, or other necessity or
public calamity; and a person who, after such commitment, makes,
signs, or countersigns any order for such removal contrary to
this section, shall forfeit to the party aggrieved the sum of
one thousand pesos, to be recovered in a proper action.
Sec. 19. Record of writ, fees and costs. - The proceedings upon
a writ of habeas corpus shall be recorded by the clerk of the
court, and upon the final disposition of such proceedings the
court or judge shall make such order as to costs as the case
requires. The fees of officers and witnesses shall be included
in the costs taxed, but no officer or person shall have the
right to demand payment in advance of any fees to which he is
entitled by virtue of the proceedings. When a person confined
under color of proceedings in a criminal case is discharged, the
costs shall be taxed against the Republic of the Philippines,
and paid out of its Treasury; when a person in custody by virtue
or under color of proceedings in a civil case is discharged, the
costs shall be taxed against him, or against the person who
signed the application for the writ, or both, as the court shall
direct.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

INTERNATIONAL COVENANT ON CIVIL AND

POLITICAL RIGHTS

Adopted and opened for signature, ratification and

accession by General Assembly resolution 2200A (XXI) of 16
December 1966, entry into force 23 March 1976, in accordance
with Article 49.

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles

proclaimed in the Charter of the United Nations, recognition of
the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom,
justice and peace in the world,
Recognizing that these rights derive from the inherent
dignity of the human person,
Recognizing that, in accordance with the Universal
Declaration of Human Rights, the ideal of free human beings
enjoying civil and political freedom and freedom from fear and
want can only be achieved if conditions are created whereby
everyone may enjoy his civil and political rights, as well as
his economic, social and cultural rights,
Considering the obligation of States under the Charter of
the United Nations to promote universal respect for, and
observance of, human rights and freedoms,
Realizing that the individual, having duties to other
individuals and to the community to which he belongs, is under
a responsibility to strive for the promotion and observance of
the rights recognized in the present Covenant,

Agree upon the following articles:

 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

PART I
Article 1
1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and
freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any
obligations arising out of international economic co-operation,
based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of
subsistence.
3. The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-
Governing and Trust Territories, shall promote the realization
of the right of self-determination, and shall respect that
right, in conformity with the provisions of the Charter of the
United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect
and to ensure to all individuals within its territory and subject
to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or
other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present
Covenant, to adopt such laws or other measures as may be
necessary to give effect to the rights recognized in the present
Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as
herein recognized are violated shall have an effective
remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity;
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

(b) To ensure that any person claiming such a remedy shall

have his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the
State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce
such remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all civil
and political rights set forth in the present Covenant.
Article 4
1. In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, the
States Parties to the present Covenant may take measures
derogating from their obligations under the present Covenant to
the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their
other obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11,
15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of
the right of derogation shall immediately inform the other
States Parties to the present Covenant, through the intermediary
of the Secretary-General of the United Nations, of the
provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made,
through the same intermediary, on the date on which it terminates
such derogation.
Article 5
1. Nothing in the present Covenant may be interpreted as implying
for any State, group or person any right to engage in any
activity or perform any act aimed at the destruction of any of
the rights and freedoms recognized herein or at their limitation
to a greater extent than is provided for in the present Covenant.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

3. There shall be no restriction upon or derogation from any

of the fundamental human rights recognized or existing in
any State Party to the present Covenant pursuant to law,
conventions, regulations or custom on the pretext that the
present Covenant does not recognize such rights or that it
recognizes them to a lesser extent.

PART III
Article 6
1. Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived
of his life.
2. In countries which have not abolished the death penalty,
sentence of death may be imposed only for the most serious crimes
in accordance with the law in force at the time of the commission
of the crime and not contrary to the provisions of the present
Covenant and to the Convention on the Prevention and Punishment
of the Crime of Genocide. This penalty can only be carried out
pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide,
it is understood that nothing in this article shall authorize
any State Party to the present Covenant to derogate in any way
from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of
Genocide.
4. Anyone sentenced to death shall have the right to seek pardon
or commutation of the sentence. Amnesty, pardon or commutation
of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age and shall not be carried
out on pregnant women.
6. Nothing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party
to the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall
be subjected without his free consent to medical or scientific
experimentation.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 8
1. No one shall be held in slavery; slavery and the slave-trade
in all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or compulsory
labour;
(b) Paragraph 3 (a) shall not be held to preclude, in
countries where imprisonment with hard labour may be
imposed as a punishment for a crime, the performance of
hard labour in pursuance of a sentence to such punishment
by a competent court;
(c) For the purpose of this paragraph the term "forced or
compulsory labour" shall not include:
(I) Any work or service, not referred to in
subparagraph (b), normally required of a person who
is under detention in consequence of a lawful order
of a court, or of a person during conditional release
from such detention;
(II) Any service of a military character and, in
countries where conscientious objection is
recognized, any national service required by law of
conscientious objectors;
(III) Any service exacted in cases of emergency or
calamity threatening the life or well-being of the
community;
(IV) Any work or service which forms part of normal
civil obligations.
Article 9
1. Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

3. Anyone arrested or detained on a criminal charge shall be

brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release. It shall not be the
general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear for
trial, at any other stage of the judicial proceedings, and,
should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order
that that court may decide without delay on the lawfulness of
his detention and order his release if the detention is not
lawful.
5. Anyone who has been the victim of unlawful arrest or detention
shall have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person.
2. (a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and
shall be subject to separate treatment appropriate to their
status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults
and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners
the essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and
legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation. Article 12
1. Everyone lawfully within the territory of a State shall,
within that territory, have the right to liberty of movement and
freedom to choose his residence.
2. Everyone shall be free to leave any country, including his
own.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

3. The above-mentioned rights shall not be subject to any

restrictions except those which are provided by law, are
necessary to protect national security, public order (ordre
public), public health or morals or the rights and freedoms of
others, and are consistent with the other rights recognized in
the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter
his own country.
Article 13
An alien lawfully in the territory of a State Party to the
present Covenant may be expelled therefrom only in pursuance of
a decision reached in accordance with law and shall, except
where compelling reasons of national security otherwise require,
be allowed to submit the reasons against his expulsion and to
have his case reviewed by, and be represented for the purpose
before, the competent authority or a person or persons
especially designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of
his rights and obligations in a suit at law, everyone shall be
entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law. The press and the
public may be excluded from all or part of a trial for reasons
of morals, public order (order public) or national security in
a democratic society, or when the interest of the private lives
of the parties so requires, or to the extent strictly necessary
in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any
judgement rendered in a criminal case or in a suit at law shall
be made public except where the interest of juvenile persons
otherwise requires or the proceedings concern matrimonial
disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right
to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees,
in full equality:
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

(a) To be informed promptly and in detail in a language

which he understands of the nature and cause of the charge
against him;
(b) To have adequate time and facilities for the
preparation of his defense and to communicate with counsel
of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in
person or through legal assistance of his own choosing; to
be informed, if he does not have legal assistance, of this
right; and to have legal assistance assigned to him, in any
case where the interests of justice so require, and without
payment by him in any such case if he does not have
sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him
and to obtain the attendance and examination of witnesses
on his behalf under the same conditions as witnesses
against him;
(f) To have the free assistance of an interpreter if he
cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to
confess guilt.
4. In the case of juvenile persons, the procedure shall be such
as will take account of their age and the desirability of
promoting their rehabilitation. 5. Everyone convicted of a crime
shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a
criminal offence and when subsequently his conviction has been
reversed or he has been pardoned on the ground that a new or
newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment
as a result of such conviction shall be compensated according
to law, unless it is proved that the non-disclosure of the
unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each
country.
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MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 15
1. No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal
offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed than
the one that was applicable at the time when the criminal offence
was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter
penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and
punishment of any person for any act or omission which, at the
time when it was committed, was criminal according to the general
principles of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a
person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence,
nor to unlawful attacks on his honor and reputation.
2. Everyone has the right to the protection of the law against
such interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to
have or to adopt a religion or belief of his choice, and freedom,
either individually or in community with others and in public
or private, to manifest his religion or belief in worship,
observance, practice and teaching.
2. No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or
the fundamental rights and freedoms of others.
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MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

4. The States Parties to the present Covenant undertake to have

respect for the liberty of parents and, when applicable, legal
guardians to ensure the religious and moral education of their
children in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without
interference.
2. Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of
this article carries with it special duties and
responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by
law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public
order (order public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No
restrictions may be placed on the exercise of this right other
than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (order public), the
protection of public health or morals or the protection of the
rights and freedoms of others.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 22
1. Everyone shall have the right to freedom of association with
others, including the right to form and join trade unions for
the protection of his interests.
2. No restrictions may be placed on the exercise of this right
other than those which are prescribed by law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent
the imposition of lawful restrictions on members of the armed
forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the
International Labour Organization Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply
the law in such a manner as to prejudice, the guarantees provided
for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and
to found a family shall be recognized.
3. No marriage shall be entered into without the free and full
consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate
steps to ensure equality of rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution.
In the case of dissolution, provision shall be made for the
necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to
race, colour, sex, language, religion, national or social
origin, property or birth, the right to such measures of
protection as are required by his status as a minor, on the part
of his family, society and the State.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

2. Every child shall be registered immediately after birth and

shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without
unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly
or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections
which shall be by universal and equal suffrage and shall
be held by secret ballot, guaranteeing the free expression
of the will of the electors;
(c) To have access, on general terms of equality, to public
service in his country.
Article 26
All persons are equal before the law and are entitled without
any discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee
to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or
social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not
be denied the right, in community with the other members of
their group, to enjoy their own culture, to profess and practice
their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee
(hereafter referred to in the present Covenant as the
Committee). It shall consist of eighteen members and shall carry
out the functions hereinafter provided.
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MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

2. The Committee shall be composed of nationals of the States

Parties to the present Covenant who shall be persons of high
moral character and recognized competence in the field of human
rights, consideration being given to the usefulness of the
participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall serve
in their personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot
from a list of persons possessing the qualifications prescribed
in article 28 and nominated for the purpose by the States Parties
to the present Covenant.
2. Each State Party to the present Covenant may nominate not
more than two persons. These persons shall be nationals of the
nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months
after the date of the entry into force of the present Covenant.
2. At least four months before the date of each election to the
Committee, other than an election to fill a vacancy declared in
accordance with article 34, the Secretary-General of the United
Nations shall address a written invitation to the States Parties
to the present Covenant to submit their nominations for
membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a
list in alphabetical order of all the persons thus nominated,
with an indication of the States Parties which have nominated
them, and shall submit it to the States Parties to the present
Covenant no later than one month before the date of each
election.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

4. Elections of the members of the Committee shall be held at a

meeting of the States Parties to the present Covenant convened
by the Secretary General of the United Nations at the
Headquarters of the United Nations. At that meeting, for which
two thirds of the States Parties to the present Covenant shall
constitute a quorum, the persons elected to the Committee shall
be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States
Parties present and voting.
Article 31
1. The Committee may not include more than one national of the
same State.
2. In the election of the Committee, consideration shall be
given to equitable geographical distribution of membership and
to the representation of the different forms of civilization and
of the principal legal systems.
Article 32
1. The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if
renominated. However, the terms of nine of the members elected
at the first election shall expire at the end of two years;
immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting
referred to in article 30, paragraph 4. 2. Elections at the
expiry of office shall be held in accordance with the preceding
articles of this part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a member
of the Committee has ceased to carry out his functions for any
cause other than absence of a temporary character, the Chairman
of the Committee shall notify the Secretary-General of the
United Nations, who shall then declare the seat of that member
to be vacant.
2. In the event of the death or the resignation of a member of
the Committee, the Chairman shall immediately notify the
Secretary-General of the United Nations, who shall declare the
seat vacant from the date of death or the date on which the
resignation takes effect.
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MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 34
1. When a vacancy is declared in accordance with article 33 and
if the term of office of the member to be replaced does not
expire within six months of the declaration of the vacancy, the
Secretary-General of the United Nations shall notify each of the
States Parties to the present Covenant, which may within two
months submit nominations in accordance with article 29 for the
purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare a
list in alphabetical order of the persons thus nominated and
shall submit it to the States Parties to the present Covenant.
The election to fill the vacancy shall then take place in
accordance with the relevant provisions of this part of the
present Covenant.
3. A member of the Committee elected to fill a vacancy declared
in accordance with article 33 shall hold office for the remainder
of the term of the member who vacated the seat on the Committee
under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the
General Assembly of the United Nations, receive emoluments from
United Nations resources on such terms and conditions as the
General Assembly may decide, having regard to the importance of
the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of
the functions of the Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall convene the
initial meeting of the Committee at the Headquarters of the
United Nations.
2. After its initial meeting, the Committee shall meet at such
times as shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the
United Nations or at the United Nations Office at Geneva.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 38
Every member of the Committee shall, before taking up his duties,
make a solemn declaration in open committee that he will perform
his functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two
years. They may be re-elected.
2. The Committee shall establish its own rules of procedure, but
these rules shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority
vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to submit
reports on the measures they have adopted which give effect to
the rights recognized herein and, on the progress, made in the
enjoyment of those rights:
(a) Within one year of the entry into force of the present
Covenant for the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of
the United Nations, who shall transmit them to the Committee for
consideration. Reports shall indicate the factors and
difficulties, if any, affecting the implementation of the
present Covenant.
3. The Secretary-General of the United Nations may, after
consultation with the Committee, transmit to the specialized
agencies concerned copies of such parts of the reports as may
fall within their field of competence.
4. The Committee shall study the reports submitted by the States
Parties to the present Covenant. It shall transmit its reports,
and such general comments as it may consider appropriate, to the
States Parties. The Committee may also transmit to the Economic
and Social Council these comments along with the copies of the
reports it has received from States Parties to the present
Covenant.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

5. The States Parties to the present Covenant may submit to the

Committee observations on any comments that may be made in
accordance with paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare
under this article that it recognizes the competence of the
Committee to receive and consider communications to the effect
that a State Party claims that another State Party is not
fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered
only if submitted by a State Party which has made a declaration
recognizing in regard to itself the competence of the Committee.
No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with
in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that
another State Party is not giving effect to the provisions
of the present Covenant, it may, by written communication,
bring the matter to the attention of that State Party.
Within three months after the receipt of the communication
the receiving State shall afford the State which sent the
communication an explanation, or any other statement in
writing clarifying the matter which should include, to the
extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the
matter;
(b) If the matter is not adjusted to the satisfaction of
both States Parties concerned within six months after the
receipt by the receiving State of the initial
communication, either State shall have the right to refer
the matter to the Committee, by notice given to the
Committee and to the other State;
(c) The Committee shall deal with a matter referred to it
only after it has ascertained that all available domestic
remedies have been invoked and exhausted in the matter, in
conformity with the generally recognized principles of
international law. This shall not be the rule where the
application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining
communications under this article;
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

(e) Subject to the provisions of subparagraph (c), the

Committee shall make available its good offices to the
States Parties concerned with a view to a friendly solution
of the matter on the basis of respect for human rights and
fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call
upon the States Parties concerned, referred to in
subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in
subparagraph (b), shall have the right to be represented
when the matter is being considered in the Committee and
to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the
date of receipt of notice under subparagraph (b), submit a
report:
(I) If a solution within the terms of subparagraph (e)
is reached, the Committee shall confine its report to
a brief statement of the facts and of the solution
reached;
(II) If a solution within the terms of subparagraph
(e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written
submissions and record of the oral submissions made
by the States Parties concerned shall be attached to
the report. In every matter, the report shall be
communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten
States Parties to the present Covenant have made declarations
under paragraph I of this article. Such declarations shall be
deposited by the States Parties with the Secretary-General of
the United Nations, who shall transmit copies thereof to the
other States Parties. A declaration may be withdrawn at any time
by notification to the Secretary-General. Such a withdrawal
shall not prejudice the consideration of any matter which is the
subject of a communication already transmitted under this
article; no further communication by any State Party shall be
received after the notification of withdrawal of the declaration
has been received by the Secretary-General, unless the State
Party concerned has made a new declaration.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 42
1. (a) If a matter referred to the Committee in accordance
with article 41 is not resolved to the satisfaction of the
States Parties concerned, the Committee may, with the prior
consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be
made available to the States Parties concerned with a view
to an amicable solution of the matter on the basis of
respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable
to the States Parties concerned. If the States Parties
concerned fail to reach agreement within three months on
all or part of the composition of the Commission, the
members of the Commission concerning whom no agreement has
been reached shall be elected by secret ballot by a two-
thirds majority vote of the Committee from among its
members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties
concerned, or of a State not Party to the present Covenant, or
of a State Party which has not made a declaration under article
41.
3. The Commission shall elect its own Chairman and adopt its own
rules of procedure.
4. The meetings of the Commission shall normally be held at the
Headquarters of the United Nations or at the United Nations
Office at Geneva. However, they may be held at such other
convenient places as the Commission may determine in
consultation with the Secretary-General of the United Nations
and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall
also service the commissions appointed under this article.
6. The information received and collated by the Committee shall
be made available to the Commission and the Commission may call
upon the States Parties concerned to supply any other relevant
information.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

7. When the Commission has fully considered the matter, but in

any event not later than twelve months after having been seized
of the matter, it shall submit to the Chairman of the Committee
a report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its
consideration of the matter within twelve months, it shall
confine its report to a brief statement of the status of
its consideration of the matter;
(b) If an amicable solution to the matter on the basis of
respect for human rights as recognized in the present
Covenant is reached, the Commission shall confine its
report to a brief statement of the facts and of the solution
reached;
(c) If a solution within the terms of subparagraph (b) is
not reached, the Commission's report shall embody its
findings on all questions of fact relevant to the issues
between the States Parties concerned, and its views on the
possibilities of an amicable solution of the matter. This
report shall also contain the written submissions and a
record of the oral submissions made by the States Parties
concerned;
(d) If the Commission's report is submitted under
subparagraph (c), the States Parties concerned shall,
within three months of the receipt of the report, notify
the Chairman of the Committee whether or not they accept
the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all the
expenses of the members of the Commission in accordance with
estimates to be provided by the Secretary-General of the United
Nations.
10. The Secretary-General of the United Nations shall be
empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States Parties
concerned, in accordance with paragraph 9 of this article.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be
entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of
the United Nations.
Article 44
The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in
the field of human rights by or under the constituent instruments
and the conventions of the United Nations and of the specialized
agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling
a dispute in accordance with general or special international
agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual
report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations
and of the constitutions of the specialized agencies which
define the respective responsibilities of the various organs of
the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as
impairing the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth and resources.
 ABADA COLLEGE
MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

PART VI
Article 48
1. The present Covenant is open for signature by any State Member
of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the International
Court of Justice, and by any other State which has been invited
by the General Assembly of the United Nations to become a Party
to the present Covenant.
2. The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
3. The present Covenant shall be open to accession by any State
referred to in paragraph 1 of this article.
4. Accession shall be affected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all
States which have signed this Covenant or acceded to it of the
deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months
after the date of the deposit with the Secretary-General of the
United Nations of the thirty-fifth instrument of ratification
or instrument of accession.
2. For each State ratifying the present Covenant or acceding to
it after the deposit of the thirty-fifth instrument of
ratification or instrument of accession, the present Covenant
shall enter into force three months after the date of the deposit
of its own instrument of ratification or instrument of
accession.
Article 50
The provisions of the present Covenant shall extend to all parts
of federal States without any limitations or exceptions.
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MARFRANCISCO, PINAMALAYAN ORIENTAL MINDORO

Article 51
1. Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the States
Parties to the present Covenant with a request that they notify
him whether they favor a conference of States Parties for the
purpose of considering and voting upon the proposals. In the
event that at least one third of the States Parties favors such
a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted
by a majority of the States Parties present and voting at the
conference shall be submitted to the General Assembly of the
United Nations for approval.
2. Amendments shall come into force when they have been approved
by the General Assembly of the United Nations and accepted by a
two-thirds majority of the States Parties to the present
Covenant in accordance with their respective constitutional
processes.
3. When amendments come into force, they shall be binding on
those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present
Covenant and any earlier amendment which they have accepted.
Article 52
1. Irrespective of the notifications made under article 48,
paragraph 5, the Secretary-General of the United Nations shall
inform all States referred to in paragraph I of the same article
of the following particulars:
(a) Signatures, ratifications and accessions under article
48;
(b) The date of the entry into force of the present Covenant
under article 49 and the date of the entry into force of
any amendments under article 51.
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Article 53
1. The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred
to in article 48.