“Human Rights

Issues in
Investigation with
Case Analysis”
DR ALEXIS MADURO MANZANO, ED.D.
Police Chief Inspector
Chief, ISO/LES, ROPD - PRO6
 SCOPE OF PRESENTATION:
1. Legal and Regulatory Framework
2. International Humanitarian Law (RA 9851) –
Law on Armed Conflict
3. Anti-Torture Law (RA 9745)
4. Rights of the Persons Arrested, Detained
& Under Custodial Investigation (RA 7438)
5. Guidelines and Policies of PNP on Human
Rights (Rights-Based Policing)
6. Case Analysis/Studies
2.6.1

LEGAL AND REGULATORY

FRAMEWORK
A.

Human Rights Definition

and Principles
 “We Must Familiarize Ourselves with
Key Human Rights Concepts”

United Nations Definition:

Those rights, which are inherent in our

nature and without which we cannot live as
Human Beings.
 Human Rights

Are the Supreme, Inherent

and Inalienable Rights to
LIFE, to DIGNITY and to
SELF-DEVELOPMENT.
 What are Human Rights ?

Human Rights are basic rights and freedoms

that all human beings have regardless of age,

sex, religion, nationality, ethnic origin, economic

status, occupation and any other status.

B.

Basic Characteristics of
Human Rights
Basic Characteristics of Human Rights

1. Cannot be taken away

2. Equal and interdependent
3. Internationally guaranteed
4. Legally protected
5. Universal
6. Oblige State & State Actors
C.

ORIGIN OF HUMAN
RIGHTS & LEGAL
FRAMEWORK
 The UNITED NATIONS
International Organization of Nations under its charter
established the United Nations (UN) on 24 Oct 1945 to:

- Maintain international peace and security;

- Develop friendly relations among nations;
- Achieve international cooperation in solving economic,
social, cultural, or humanitarian problems; and
- Encourage respect for human rights and for fundamental
freedoms.
 Human Rights Standards
1. Life, liberty and security of person
2. No slavery or servitude
3. No torture, cruel, inhuman or degrading
treatment or punishment
4. Recognition as a person before the law
5. Equal protection of the law
6. Effective remedy for violations
7. No arbitrary arrest, detention or exile
8. Fair and public hearing
9. Presumption of innocence
 Human Rights Standards
10. Privacy
11. Movement and residence
12. Asylum
13. Nationality
14. Marry and found a family
15. Own property
16. Thought, conscience and religion
17. Speech
18. Peaceful assembly and association
19. Participate in government
 Human Rights Standards
20. Periodic and genuine elections
21. Equal access to public service
22. Social security
23. Work
24. Adequate standards of living
25. Education
26. Participate in cultural life
27. Health
28. Copyright
 International Covenant on Civil and
Political Rights (ICCPR)
Derogation: Public emergency which threatens
life or nation

Except:
Life
Non-imprisonment for debt
Torture
Slavery and servitude
No retroactive penal laws
Recognition before the law
Religion
D.

Rights Governing
Police Officers
 WE, the POLICE, also have RIGHTS
Some Rights and Privileges We Enjoy:
Right to Work and
Our Salary and Allowances
Just Compensation
Right to Due Performance Evaluation, Summary
Process Hearing and Appeal System
Our Schooling Opportunities and
Right to Education
Scholarships for Deserving Dependents
Right to Rest Our Rest Days, Day-off, Vacations,
and Leisure Leaves, Christmas Parties, outings, etc.
Right to Housing Our Quartering and Housing Programs
Right to Social
Our Pension and Benefits System
Security
E.

Dynamics of Human Rights

 DYNAMICS OF HUMAN RIGHTS
Intl HR
Instrumen
ts When a State ratifies
Human Rights Treaties
ICERD a Convention, it has
ICCPR the Obligation to:
ICESCR
CEDAW UNITED
CAT NATIONS
STANDARDS
1. PROTECT
MWC
CRC (Declarations) 2. RESPECT
3. FULFILL the rights
enshrined therein.
2.6.2

PHILIPPINE ACT ON CRIMES AGAINST

INTERNATIONAL HUMANITARIAN
LAW, GENOCIDE, AND OTHER
CRIMES AGAINST HUMANITY
(R.A. 9851)

(signed into law on December 11, 2009)

A.

Salient Features
 Salient Features of IHL
War Crimes, Genocide, And Other Crimes
Against Humanity in Both International &
Crimes Non-International Armed Conflict
(Insurgency is Included)
Individual Criminal Responsibility by
Principals by participation, inducement,
indispensable cooperation
Offenders: Individual Criminal Responsibility By
State actors and Accomplices by facilitating the
non-state actors commission of the crime
Command Responsibility – superior is
penalized as principal; responsibility not
limited to immediate superior
 Salient Features of IHL

Prision Mayor ( 6-10 years imprisonment ) up

Penalties to Reclusion Perpetua (Life Imprisonment)
depending on gravity and result of torture

Non-Prescription of Crimes

Irrelevance of Official Capacity; applies to

all persons whether state or non-state actor
Other Features
Seeks to protect people who are not part of,
or no longer taking part in hostilities or
armed conflict
B.

Other Features on RA 9851

 Other Features of RA 9851
1. In case of an international armed conflict: grave breaches
of the GENEVA CONVENTIONS
2. In case of a non-international armed conflict: serious
violations of Common Article
3. Other serious violations of customary international law on
armed conflict
4. Any of the following acts with intent to destroy, in whole or
in part, a national, ethnic, racial, religious, social or any
other similar stable and permanent group as such:
a. Killing; causing serious bodily/mental harm to group members
b. Inflicting conditions to cause physical destruction of the group
c. Preventing births
d. Forcibly transferring children to another group
 Other Features of RA 9851
5. Any of the following acts when committed a part of a
widespread or systematic attack directed against any
civilian population, with knowledge of the attack:

a. Extra-Legal Killings
b. Extermination
c. Enslavement
d. Torture
e. Arbitrary deportation; forcible transfer; imprisonment
f. Sexual violence
g. Persecution; apartheid
h. Enforced or involuntary disappearance
i. Other inhumane acts of similar character
C.

Comparison Between
RA 9745 & RA 9851
 INTERNATIONAL
ANTI TORTURE LAW
HUMANITARIAN LAW
(R.A. 9745)
(R.A. 9851)
Both State and Non-State
Only State Actors are Liable
Actors are Liable
With Prescription?
No Prescription Period
(will depend on IRR)
With Protection, With Protection,
Compensation Clause for Compensation Clause for
Victims and Witnesses Victims and Witnesses
With Individual and Command
With Individual, Superior, and Responsibility (not limited to
Command Responsibility
immediate superior)
No Amnesty for Convicted
Torturers
2.6.3

AN ACT PENALIZING TORTURE

AND OTHER CRUEL, INHUMAN
AND DEGRADING TREATMENT
OR PUNISHMENT
(R.A. 9745)
(signed into law on November 10, 2009)
A.

Salient Features
 Salient Features of Anti-Torture Law

Types of Physical Mental/ Other Cruel, Inhuman,

Torture Psychological Degrading Acts
Individual Responsibility as Principal,
Accomplice or Accessory
Offenders: Superior Responsibility – Immediate superior
State Actors
held liable as principal
only
Command Responsibility – Immediate superior
of unit is administratively
 Salient Features of Anti-Torture Law
Arresto Mayor (1-6 months imprisonment) up to
Penalties Reclusion Perpetua (Life Imprisonment) depending
on gravity & result of torture
All persons arrested, detained, or under
investigation have right to physical, medical and
psychological examination before and after
interrogation
Torture is a separate & independent crime --- not
Other absorbed by any other crime or felony committed
Features as a consequence or as a means in the conduct or
commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of
police, military, intelligence units, other agencies
in security sector
B.

What is Torture ?
 Torture is:
1. An act by which severe pain or suffering, whether
physical or mental, is inflicted on a person…to obtain
from him / her or a third person information or confession;
2. It is a punishment or ill-treatment for an act that he/she or
a third person has committed or is suspected of having
committed;
3. Or intimidating or coercing him/her or a third person for
any reason based on discrimination of any kind.
4. It is committed by a person in authority or by an agent of a
person in authority.
5. It does not include any pain or suffering arising only from,
inherent in, or incidental to lawful sanctions.
C.

Physical Torture
Lists of Physical Torture Defined in R.A. 9745
1.Systematic beating, head-banging, punching, kicking,
striking with truncheon, or rifle butt, or other similar
objects, jumping on stomach;
2.Food deprivation or forcible feeding with spoiled food,
animal or human excreta, and other stuff or substances
not normally eaten;
3.Electric shock;
4.Cigarette burning, burning by electric rods, hot oil, acid;
rubbing of pepper or chemical substances;
5.Submersion of head in water or urine, excrement, vomit,
blood;
6.Being tied or forced to assume fixed, stressful bodily
position;
7.Rape & sexual abuse;
Lists of Physical Torture Defined in R.A. 9745

8. Mutilation or amputation of body parts;

9. Dental torture or forced teeth extraction;
10. Pulling out of fingernails;
11. Harmful exposure to elements such as sunlight and cold;
12. Use of plastic bag & other materials on the head to the
point of suffocation / asphyxiation;
13. Use of psychoactive drugs to change perception,
memory, alertness, and will of person; and
14. Other analogous acts of physical torture.
D.

Other Cruel, Inhuman and

Degrading Treatment
or Punishment
(CIDTP)
 Other Cruel, Inhuman and Degrading
Treatment or Punishment (CIDTP)

Deliberate or aggravated treatment -- not listed

under physical, mental/psychological torture -- that
is inflicted by a person in authority or an agent of a
person in authority against a person in custody
which attains a level of severity sufficient to cause
suffering, gross humiliation, or debasement.
2.6.4

HUMAN RIGHTS STANDARDS

IN ARREST AND DETENTION
A.

Definition of Terms
 Definition of Terms

Arrest - an act of apprehending a person for

the alleged commission of an offense or
by the action of an authority.

Detention – deprivation of personal liberty

except as a result of conviction for an
offense.
 Definition of Terms

Detainee – person deprived of his/her liberty

pending trial (not yet convicted).

PRISONER – person deprived of his/her liberty as a

result of conviction for an offense (convicted).
B.

Mandate of the Police

 Mandate of the Police

1.Protect human rights.

2.Defend fundamental freedoms.

3.Maintain public order & the general welfare in a

democratic society through policies & practices
that are lawful, humane & disciplined.
C.

Rule of Law
 Rule of Law

1. Law and order, peace and security are

matters of State Responsibility.

2. “All persons are equal before the law

and are entitled without any
discrimination to the equal protection of the
law.”
D.

Ethical Standards
 Ethical Standards

Law Enforcement and the maintenance

of
public order must be compatible with:
1. Respect for, and obedience to, the law;

2. Respect for the dignity of the human person; and

3. Respect for, and protection of, human rights.

E.

Commonly Known and

Used Powers
 Commonly Known and Used Powers:

1. Powers of Arrest and Detention; and

2. Authority to Use Force - where such is

necessary for the achievement of
legitimate objectives.
F.

Rights Relating to Arrest

Art 3, UDHR and Art 9, ICCPR
1987 Constitution,
Rules of Criminal Procedures,
RA 7438 and RA 9745
 Rights Relating to Arrest
1. Right to liberty and security of person and to freedom of
movement
2. Prohibition of arbitrary arrest
3. Requirement of legal grounds and procedures
4. Right to be informed of reasons at time of arrest and to be
promptly informed of any charges
5. Right to be brought promptly before the judge
6. Right to judicial determination of legality of
arrest/detention, and to release where so
cided
7. Right to trial within reasonable time or release
8. Right to adequate access to a lawyer
9. Right not to confess or testify against oneself
10. Right to an interpreter where necessary
G.

The Treatment of Detainees

Art 3, UDHR and Art 9, ICCPR
1987 Constitution,
Rules of Criminal Procedures,
RA 7438 and RA 9745
 The Treatment of Detainees

1. Presumption of innocence
2. Humane treatment and respect inherent dignity of human
person
3. Absolute prohibition of torture and cruel, inhuman or
degrading treatment or punishment
4. Prohibition of violence or threats
5. Respect for religious and moral beliefs
6. Respect for the special status and rights of women and
juveniles
7. Prohibition on taking advantage of a detainee’s situation
to force confession or self - incrimination
H.

The Facilities for Detention

Art 3, UDHR and Art 9, ICCPR
1987 Constitution,
Rules of Criminal Procedures,
RA 7438 and RA 9745
 The Facilities for Detention

1. Officially recognized places of detention only

2. Humane and healthy

3. Adequate shelter, clothing, food and water

4. Adequate medical services

5. Adequate exercise facilities and opportunities

6. Adequate items and facilities for personal hygiene

I.

Outside Contacts
for Detainees
Art 3, UDHR and Art 9, ICCPR
1987 Constitution,
Rules of Criminal Procedures,
RA 7438 and RA 9745
 Outside Contacts for Detainees
Visits from and communication with:
1. Legal Representative

2. Family

3. Prison Inspectors (National Commissions, Agencies,

ICRC, United Nations, others)

4. Medical Personnel

5. A Judge

6. Religious Authorities
2.6.5

GUIDELINES AND POLICIES

OF PNP ON HUMAN RIGHTS
(RIGHTS-BASED POLICING)
A.

Perception About
Human Rights
 Ano ba ang pagtingin o pagka-unawa
natin sa Human Rights ?

Some in the PNP believe that Human Rights are…

1. Propaganda used by enemies of the state against the
government.

2. Used by some sectors to blame and harass the police /

military even if we are “only doing our
b.”

3. Only protect anti-government activists and do not benefit

the PNP and AFP.

4. Hindrance to military & police operations; it is an obstacle

 Bakit negatibo ang pananaw ng ibang pulis tungkol
sa Human Rights...at bakit mayroong mga
Alleged Human Rights Violations ?

Dahil kaya....
1. Kulang pa tayo ng kaalaman tungkol sa human rights?

2. Mas maraming kaalaman yung “kabila” tungkol sa

human rights kaya nagagamit nila ito
ban sa atin?

3. Kulang pa tayo sa professional competency at may

hindi tayo sinusunod na procedure o
oseso?
 We Need a Change in Perception

HUMAN RIGHTS LAW ENFORCEMENT

“Leftist” “Anti-Leftist”

“Anti-PNP / Anti-Govt” “Always Use

Aggressive Methods
“Being Soft on Crime” & Tactics”

OPPOSITE “Use Any

“Obstacle to Mission” FORCES
and Every Method to
LEFT VS. RIGHT Accomplish the Mission”
 Paradigm Shift
HUMAN RIGHTS
Peace & Order Life, Liberty, & Freedom
Rule of Law Socio-Economic Progress
Justice & Equality Education
Sustainable Development

Violence Slavery
Crime Oppression
Injustice & Inequality Poverty & Ignorance
Discrimination Destruction of Environment

HUMAN WRONGS
B.

Human Rights in Law

Enforcement
 HUMAN RIGHTS IN LAW
ENFORCEMENT
1. WE ARE ALL HUMAN. ALL OF US HAVE
HUMAN RIGHTS.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP /

PEOPL GOVERNME
E NT
 HUMAN RIGHTS IN LAW
ENFORCEMENT
2. POWER & AUTHORITY OF GOVERNMENT / PNP
COMES FROM
THE PEOPLE.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP /

Article II,PEOPL
Sec. 1 GOVERNME
E
Phil. Constitution:
NT
The Philippines is a democratic
and republican State.
Sovereignty resides in the
people and all government
authority emanates from them.
 HUMAN RIGHTS IN LAW
ENFORCEMENT

PEOPLE GIVES
POWER & AUTHORITY

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE THE PNP /
PEOPL GOVERNME
E POWERS OFNT
THE STATE:
1. Power of Eminent Domain
2. Power of Taxation
3. Police & Military Power
 HUMAN RIGHTS IN LAW
ENFORCEMENT
Article 2, Sec. 4
1987 Phil. Constitution:
The prime duty of Government
is to Serve and Protect the
People.

PEOPLE GIVES AUTHORITY

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE THE PNP /
PEOPL PNP MUST USE AUTHORITY GOVERNME
TO SERVE & PROTECT
E NT
THE PEOPLE
 HUMAN RIGHTS IN LAW
ENFORCEMENT
3. WE MUST UPHOLD HUMAN RIGHTS TO
PREVENT
ABUSE OF POWER & AUTHORITY

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP /

PEOPL GOVERNME
E Article2, Sec. NT
7
1987 Phil. Constitution:
The State values the dignity of
every person and guarantees full
respect for human rights.
 HUMAN RIGHTS IN LAW
ENFORCEMENT
3. WE MUST UPHOLD HUMAN RIGHTS TO
PREVENT
ABUSE OF POWER & AUTHORITY

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP /

Article 3, Sec.PEOPL
1 - 22
GOVERNME
1987 Phil.EConstitution: NT
BILL OF RIGHTS
 HUMAN RIGHTS IN LAW
ENFORCEMENT
3. WE MUST UPHOLD HUMAN RIGHTS TO
PREVENT
ABUSE OF POWER & AUTHORITY

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP /

Article I3 of PEOPL GOVERNME
1987 Phil. Constitution:
E NT
SOCIAL JUSTICE &
HUMAN RIGHTS
 HUMAN RIGHTS IN LAW
ENFORCEMENT
4. PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP

PEOPL
E OUR PHILOSOPHY:
Service, Honor,
JusticeSERVICE…
Protecting Human Rights is rendering professional
treating people with dignity and HONOR…and improving delivery
of JUSTICE to the oppressed and victims of crime.
 HUMAN RIGHTS IN LAW
ENFORCEMENT
4. PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP

PEOPL OUR CORE VALUES:
E
Maka-Diyos, Makabayan, Makatao, Maka-
Kalikasan
Protecting Human Rights is protecting the religious, civil, political,
economic, socio-cultural, and environmental
rights of our people.
 HUMAN RIGHTS IN LAW
ENFORCEMENT
4. PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP

PEOPL
Protecting E Human Rights OUR MISSION:
is about protecting the To enforce the law, prevent & control
life, liberty, property, crimes, maintain peace & order, and
ensure public safety
welfare, opportunities, and
and internal security
way of life of with the active support of the
our People. community.
 HUMAN RIGHTS IN LAW
ENFORCEMENT
4. PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN
RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL

THE THE PNP

PEOPL
Protecting EHuman Rights OUR MOTTO:
is Serving the People and
Protecting their rights
To Serve and Protect.
which are guaranteed
under national and
international laws.
HUMAN RIGHTS IN LAW ENFORCEMENT

“The protection of human rights

is the most basic of police
functions…

Our service must be results-oriented

and responsive to our people’s needs.
We must define our targets in ways
that we can measure...

and one of our

measurements will be our level of
knowledge, understanding, and
protection of human rights.”

- Chief, PNP
 IF THE PNP IS SUPPOSED TO SERVE AND
PROTECT THE PEOPLE…
WHY ARE THERE ALLEGED HUMAN RIGHTS
VIOLATIONS?

THE THE PNP

PEOPL
E
C.

Anatomy of Human
Rights Violations
 Operations successful
Follow Police Crime prevented / solved
Operational Prosecution successful
Procedures Peace & order
maintained
Police are
Professional
& Competent MISSION
ACCOMPLISHED
Laws Mandate:
& Enforce Police Operations/
Statutes the Law Interventions

Police are MISSION FAILED

Unprofessional &
Incompetent
Operational lapses occur
Police Operational Abuse of authority
Procedures are Criminal prosecution fails
Not Laws & Human Rights
Followed
D.

Root Causes of Human

Rights Violations
ROOT CAUSES OF HUMAN RIGHTS VIOLATIONS

SAMPLE CASES / INCIDENTS

ROOT CAUSES OF HUMAN RIGHTS VIOLATIONS

SAMPLE CASES / INCIDENTS

ROOT CAUSES OF HUMAN RIGHTS VIOLATIONS

SAMPLE CASES / INCIDENTS

ROOT CAUSES OF HUMAN RIGHTS VIOLATIONS

PARAÑAQUE SHOOTOUT
News Clip, ABS-CBN
E.

Bridging the Gap

Criminals Arrested / Convicted.
Crime Solved.

Victims get justice.

Human lives are saved.

Laws are properly enforced.
Peace & Order is maintained.

Mission
Accomplished
Professionalism

GAP
x
Mission
Accomplished
Education & Training

x
Mission
Accomplished
Policies & Plans

x
Mission
Accomplished
 x
Human Rights
Principles & Practices
Mission
Accomplished
What happens when we don’t bridge the gap?

CRIMES ARE NOT SOLVED.

x
Mission
Accomplished
What happens when we don’t bridge the gap?

JUSTICE DELAYED,

x
JUSTICE DENIED.

Mission
Accomplished
What happens when we don’t bridge the gap?

THE PNP LOSES

x
TRUST &
CONFIDENCE
OF THE COMMUNITY

Mission
Accomplished
What happens when we don’t bridge the gap?
PNP / GOVERNMENT

x
SUFFERS FROM CRITICISM
FROM MEDIA
& OTHER SECTORS;

OUR RELATIONS WITH

THE INTERNATIONAL Mission
COMMUNITY IS AFFECTED. Accomplished
What happens when we don’t bridge the gap?

HUMAN RIGHTS VIOLATIONS

x
ARE COMMITTED.

Mission
Accomplished
What happens when we don’t bridge the gap?

WE COULD FACE CRIMINAL

x
& ADMINISTRATIVE CHARGES;
END OF POLICE CAREER.

Mission
Accomplished
HOW DO WE BRIDGE THE GAP?

HUMAN RIGHTS
PROFESSIONALISM COMPETENCY
PRINCIPLES & PRACTICES

Mission
Accomplished

RIGHTS-
BASED
POLICING
F.

Rights-Based Policing
1. What is Rights-Based Policing?
Rights-Based Policing:
a) Comprehensive, systematic, institutional compliance with
international and national human rights standards
in policing or law enforcement in police
doctrines, policies, plans, operations, methods and
tactics.

b) In rights-based policing, Citizens are CLAIM-HOLDERS

whose rights must be respected and protected by the
police.

c) In rights-based policing, Police Officers are DUTY-

HOLDERS with obligations to respect, protect and fulfill
Rights-Based Policing:

d) To RESPECT Human Rights is to avoid interfering with

the enjoyment of people’s rights.

e) To PROTECT Human Rights is to implement laws that

provide equal protection to all persons from human
rights violations by State / Non-State Actors.

f) To FULFILL Human Rights is to establish institutions

and implement systems, mechanisms, and procedures
that enable people to claim and enjoy their rights.

g) Emphasis on professionalism, competency, and prompt

& courteous service to citizens.
2. Basic International Human Rights Standards for
Law Enforcement
a) Everyone is entitled to equal protection of the law without
discrimination on any grounds.
b) Treat all victims of crime with compassion and respect;
protect their safety and privacy.
c) Do not use force except when strictly necessary, and only
to the minimum extent necessary.
d) Avoid use of force when policing unlawful but non-violent
assemblies.
e) Lethal force should not be used except when strictly
unavoidable in order to protect your life or the lives of
others.
f) Arrest of persons must be done only on legal grounds,
and carried out according to lawful arrest procedures.
Basic International Human Rights Standards for
Law Enforcement
g) Ensure all detainees have immediate access to their
family, lawyer, and any necessary medical care.
h) All detainees must be treated humanely. Do not inflict,
instigate, or tolerate any act of torture or ill-treatment,
in any circumstances --- and refuse any order to do so.
i) Do not carry out, order, or cover-up extra-judicial
executions, enforced disappearances, and refuse to
obey any order to do so.
j) Report all violations of these Basic Standards to your
senior officer and to the Office of the Prosecutor. Do
everything you can to ensure steps are taken to
investigate these violations.
3. Characteristics of Rights-Base Policing

a) Strict observance of police operational

procedures.

b) Adherence to international human rights

standards for law enforcement.

c) Emphasis on professionalism, competency, and

courteous service to citizens.

d) Respect for rule of law and civilian supremacy.

4. Why do we need to become a Rights-Based
Police Organization?
a. It is Our Duty and Legal Obligation
1) Article II – Declaration of Principles and State
Policies - 1987 Philippine Constitution
(a) The Philippines is a democratic and republican
state;
(b) Civilian authority is, at all times, supreme over
military (and the police);
(c) Prime duty of government is to Serve and
Protect the people; and
(d) The State values the dignity of every human
person and guarantees full respect of human
rights.
 2) The 1987 Philippine Constitution

Government has authority over:

(a) Eminent domain;

(b) Imposition of taxes; and

(c) Use of police and military forces as

instruments of national power to
maintain national security, peace and
order, and ensure national
development.
3) Administrative Order 249

Directs all government

agencies to enhance efforts
to promote and protect
Human Rights.
 4) PDG RAUL M BACALZO, Chief, PNP
Statements in PNP’s Rights-Based
ing

“We must revive the virtues of discipline and

courtesy, good manners and right conduct that are the
hallmarks of a public servant and essential to being a good
citizen.

As an officer of the law, I believe that policing

must be anchored on the basic tenets of Human Rights”
 5) Human Rights in the PNP

PNP Ethical Doctrine

Chapter I, Sec. 2:
“… all members of the Philippine National Police…
shall serve with utmost responsibility, integrity, morality,
loyalty, and efficiency with due respect to human rights
and dignity as hallmarks of a democratic society,”
5) Human Rights in the PNP

PNP Motto

To Serve and Protect

 5) Human Rights in the PNP

PNP Code of Conduct

Chapter 3, Para 2:
“...respect for Human Rights as a high standard must
be maintained in the performance of police duties.
5) Human Rights in the PNP

PNP Hymn

Bantay ng katahimikan...
PNP Lingkod ng bayan
Kriminal aming kalaban
Mamamayan paglilingkuran
5) Human Rights in the PNP

PNP Pledge

I will love and serve God, Country and People...

 5) Human Rights in the PNP

PNP Badge of Honor

You have been entrusted with the Badge as a

symbol of your worthiness as a police officer... to serve
and protect the people from whom you derive the power
and authority to enforce the laws of the land without
fear or favor
5) Human Rights in the PNP

PNP Core Values

Makadiyos
Makatao
Makabayan
Maka-Kalikasan
 5) Human Rights in the PNP

LOI 55/07 “Pamana”

“...all members of the PNP shall embrace the highest

principles of the universal declaration of Human Rights.”
c. It has Positive Impact or Benefits to the
Police Organization
When we Promote and Protect Human Rights:

1) We improve public trust and confidence in the PNP…. A

police-community relation is improved;
2) Good police-community relations helps in anti-crime
operations… peace and order is maintained;
3) We avoid criminal / administrative charges…no threat
to our career and source of livelihood;
4) We maintain a good service reputation & we are
respected by the people; and
5) We help build a rights-based PNP…and protect our own
family, friends and loved ones from abuse and human
rights violations.
5. Police as Human Rights Protector
Article I, Code of Conduct for Law Enforcement Officials,
United Nations General Assembly Resolution 34/169,
17 December 1979

“Law enforcement officials shall at all

times fulfill the duty imposed upon them by
law, by serving the community and by
protecting all persons against illegal acts,
consistent with the high degree of
responsibility required by their profession.”
Eight (8) Articles of the UN Code of
Conduct for Law Enforcement Officials

(1) Perform duty under the law

(2) Respect and safeguard human rights
(3) Use force only when strictly necessary
(4) Respect confidentiality
(5) Forbidden to inflict any act of torture & other cruel
treatment
(6) Safeguard the health of those in custody
(7) Forbidden to commit any act of corruption
(8) Respect the law and this Code
b) Essential principles in the use of
any Power and Authority:

(1) Legality – action with legal basis

(2) Necessity – action not beyond reasonably

necessary to achieve mission

(3) Proportionality - act in proportion to the

seriousness of the offense
c) Ethical and Legal Law
Enforcement Conduct
Personal Ethics - moral values and beliefs.
(Personal belief on what is good or bad)

(1) It decides the course of action of individual

officer in a given situation.

(2) It can be positively and negatively influenced

through S – P – E – A – K

(3) Also influenced by peer group pressure

d) Professionalism
Set of Internalized Character
Not just a set of Appearance Strengths and Values

See work as Service to

Nor just Technical Skill Others

Commitment to excellence
of Performance

High Quality Service

to Others

Show Self-Respect in Work

Respect for others Rights

e) Essence of Rights Based Policing
R
I
G (1) Respect and Protect Human Rights
P (2) Rights-Based Policing - Know and apply
H Human Rights principles
O (3) Rule of law
T (4) Legality, Necessity & Proportionality
L
(5) To Serve and Protect is Human Rights
S
I (6) HR is Competency and Professionalism

C
B
I
“TO SERVE AND PROTECT is upholding
HUMAN RIGHTS through
COMPETENCY and
PROFESSIONALISM”
2.6.6

CASE ANALYSIS
“Quirino Grandstand
Hostage Crisis”
 Mechanics:

1. The class will be divided into three (3) group;

2. Each group will choose a leader and presenter, while other

members will contributes on notes-taking and
brainstorming of the presentation;

3. The DVD/CD/Flash Disc will play the “Quirino Grandstand

Hostage Crisis;”

4. Discuss among the group and formulates possible

administrative interventions in consonance with your
current analysis on Human Rights issuances and
concerns that would best remedy the ending of
said crisis for about 15 minutes; and
 Mechanics:

5. Present the report within 10 minutes base on the following

parameters:

a. List of Human Rights Violations

b. Lapses committed by members of Tactical Teams;
c. Lapses of Crisis Management Committee (CMC)
d. Lapses of Overall Commander
e. Lapses of Ground Commander
f. Lapses of Negotiating Team
g. Possible Administrative Interventions
(President, PNP, CMC, LCE) – Human Rights Base
h. Possible Problems Encountered by Tactical Teams
and Negotiating Team
i. Recommendations
j. Conclusion in consonance with your current analysis on
Human Rights issuances and concerns.
Critics on Case Analysis
Open Forum on the Module
End of Presentation !

THANK YOU !