FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
Universal Declaration of
Human Rights
Article 18
1. Everyone has the right to
freedom of thought,
conscience and religion; this
right includes freedom to
change his religion or belief,
and freedom, either alone or
in community with others
and in public or private, to
manifest his religion or belief
in teaching, practice,
worship and observance.
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco
International Covenant on
Civil and Political Rights
FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
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.
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.
International Covenant on Domestic Laws Issues
Economic Social and
Cultural Rights
No equivalent Art. 133 of the Revised Separation of Church
Penal Code punishes and State
blasphemy or acts
notoriously offensive to Nov 2013 – Carlos Celdran
the feelings of the faithful disrupted a mass in the
in a place Manila Cathedral by
devoted to religious shouting “Damaso” due to
worship or during the the Church’s opposition to
celebration of a religious the RH Law.
ceremony.
July 2015 – Issue on
Article 133. Offending the Iglesia ni Cristo (INC)
religious feelings. - The Minister, Isaias Samson Jr’s
penalty of arresto mayor alleged illegal detention
in its maximum period to which led to a rally in front
prision correccional in its of the DOJ and in EDSA.
minimum period shall be
imposed upon anyone
who, in a place devoted to
religious worship or during
the celebration of any
religious ceremony shall
perform acts notoriously
offensive to the feelings of
the faithful.
In Islamic Da’wah.
Council of the
Philippines v. Office of
the Executive
Secretary, G.R. No.
153888, July 9, 2003,
the Supreme Court
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

declared that freedom of

religion is accorded
preferred status by the
framers of the
fundamental law, well
aware that it is “designed
to protect the broadest
possible liberty of
conscience, to allow each
man to believe as his
conscience directs, to
profess his beliefs, and to
live as he believes he
ought to live, consistent
with the liberty of others
and with the common
good”. Without doubt,
classifying food products
as halal is a religious
function because the
standards used are drawn
from the Qur’an and
Islamic beliefs. By giving
the Office of Muslim Affairs
(OMA) the exclusive power
to classify food products
as halal, EO 46
encroached on the
religious freedom of
Muslim organizations like
herein petitioner to
interpret for Filipino
Muslims what food
products are fit for Muslim
consumption. Also by
arrogating to itself the
task of issuing halal
 FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

certifications, the State

has, in effect, forced
Muslims to accept its own
interpretation of the
Qur’an and Sunnah on
halal food.

In Victoriano v. Elizalde
Rope Workers Union,
59 SCRA 54, the
Supreme Court upheld the
validity of R.A. 3350,
exempting members of a
religious sect from being
compelled to join a labor
union.

The Supreme Court said in

Iglesia ni Cristo v.
Court of Appeals, 259
SCRA 529 that the
constitutional guarantee of
free exercise of religious
profession and worship
carries with it the right to
disseminate religious
information, and any
restraint of such right can
be justified only on the
ground that there is a
clear and present danger
of an evil which the State
has the right to prevent.

FREEDOM OF OPINION AND EXPRESSION

Article 19 Article 19 No equivalent Sec. 4 and 18, Art 3, 1987 Cyber-libel under the
Everyone has the right to 1. Everyone shall have the right Constitution Cyber Crime Law (R.A.

freedom of opinion and
expression; this right
includes freedom to hold
opinions without interference
and to seek, receive and
impart information and ideas
through any media and
regardless of frontiers.
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco
to hold opinions without
interference. Sec 4. No law shall be
passed abridging the
2. Everyone shall have the right freedom of speech, of
to freedom of expression; this expression, or of the
right shall include freedom to press, or the right of the
seek, receive and impart people peaceably to
information and ideas of all assemble and petition the
kinds, regardless of frontiers, government for redress of
either orally, in writing or in grievances.
print, in the form of art, or
through any other media of his Sec 18. (1) No person
choice. shall be detained solely by
reason of his political
3. The exercise of the rights beliefs and aspirations.
provided for in paragraph 2 of
this article carries with it special In ABS-CBN
duties and responsibilities. It Broadcasting
may therefore be subject to Corporation v.
certain restrictions, but these Comelec, G.R.
shall only be such as are No.133486, January
provided by law and are 28, 2000, the Supreme
necessary: Court declared that there
is no law prohibiting the
(a) For respect of the rights or holding and the reporting
reputations of others; of exit polls. An exit poll is
a species of electoral
(b) For the protection of survey conducted by
national security or of public qualified individuals or
order or of public health or group of individuals for the
morals. purpose of determining
the probable result of an
election by confidentially
asking randomly selected
voters whom they have
voted for immediately
after they have officially
10175)
Can I freely comment or
share on the alleged
libelous statement
without committing libel
as long as I am not the
original author?
Yes and no. The SC makes
the distinction between the
original post and a new post
or comment “that creates an
altogether new story.” In
such a case, “then that
should be considered an
original posting on the
internet.” The SC cites an
imaginary situation: If
someone posts the blog,
“Armand is a thief!” and a
Facebook friend “liked” or
“shared” the original
comment, or commented
“Correct!” the latter merely
agrees with the original
statement and cannot be
held liable for libel. But if
the reader or Facebook
friend or Twitter follower
“does not merely react to
the original posting but
creates an altogether new
defamatory story against
Armand like ‘He beats his
wife and children,’ then that
should be considered an
 FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco
FREEDOM OF ASSEMBLY AND ASSOCIATION
Article 20: (1) Everyone Article 21
has a right of peaceful The right of peaceful assembly
assembly and association. shall be recognized. No
(2) No one may be restrictions may be placed on
compelled to belong to an the exercise of this right other
association 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
(ordre public), the protection of
public health or morals or the
protection of the rights and
freedoms of others.
Article 22
Article 8
1. The States Parties to the
present Covenant undertake
to ensure:
(a) The right of everyone to
form trade unions and join
the trade union of his choice,
subject only to the rules of
the organization concerned,
for the promotion and
protection of his economic
and social interests. No
restrictions may be placed on
the exercise of this right
other than those prescribed
by law and which are
cast their ballots. The original posting on the
results of the survey are internet,” the SC says.
announced to the public, (Rappler, 2014)
usually through the mass
media, to give an advance
overview of how, in the
opinion of the polling
individuals or
organizations, the
electorate voted. The
freedom of speech and of
the press should all the
more be upheld when
what is sought to be
curtailed is the
dissemination of
information meant to add
meaning to the equally
vital right of suffrage.
1987 Constitution : EDSA I and II (People
Section 4. Article 3, No Power Revolution)
law shall be passed
abridging the freedom of These two rallies were to
speech, of expression, or considered to be one of the
of the press, or the right most powerful people
of the people peaceably to assembly in the world as it
assemble and petition the successfully overthrew two
government for redress of Philippine Presidents (Pres.
grievances. Ferdinand Marcos and Pres.
Joseph Estrada). It was
Article 3, Section 8. The simple as a gathering of
right of the people, people from all walks of life,
including those employed young and old to unite for
in the public and private one reason: To fight for
sectors, to form unions, democracy and corruption in
associations, or societies the Philippine Government.
 FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco
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
Organisation 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.
necessary in a democratic
society in the interests of
national security or public
order or for the protection of
the rights and freedoms of
others;
(b) The right of trade unions
to establish national
federations or confederations
and the right of the latter to
form or join international
trade-union organizations;
(c) The right of trade unions
to function freely subject to
no limitations other than
those prescribed by law and
which are necessary in a
democratic society in the
interests of national security
or public order or for the
protection of the rights and
freedoms of others;
(d) The right to strike,
provided that it is exercised in
conformity with the laws of
the particular country.
2. This article shall not
prevent the imposition of
lawful restrictions on the
exercise of these rights by
members of the armed forces
or of the police or of the
administration of the State.
for purposes not contrary
to law shall not be
abridged
“No permit , no rally”
with re- enactment of
Batas Pambansa bilang
880: The Public
Assembly Act of 1985
Section 4 - Permit when
required and when not
required - A written permit
shall be required for any
person or persons to
organize and hold a public
assembly in a public place.
Section 5 – Application
Requirements.
Section 12 - Dispersal of
public assembly without
permit - When the public
assembly is held without a
permit where a permit is
required, the said public
assembly may be
peacefully dispersed.
 FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

3. Nothing in this article shall

Article 21
(1) Everyone has the right to
take part in the government
of his country, directly or
through freely chosen
representatives.
(2) Everyone has the right of
equal access to public
service in his country.
(3) The will of the people
shall be the basis of the
authority of government;
this will shall be expressed in
periodic and genuine
elections which shall be by
universal and equal suffrage
and shall be held by secret
vote or by equivalent free
voting procedures.
FREEDOM TO PARTICIPATE IN PUBLIC AFFAIRS
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;
authorize States Parties to the
International Labour
Organisation Convention of
1948 concerning Freedom of
Association and Protection of
the Right to Organize to take
legislative measures which
would prejudice, or apply the
law in such a manner as
would prejudice, the
guarantees provided for in
that Convention.
No equivalent
Sec. 13, Art.2, 1987
Constitution
Section 13. The State
recognizes the vital role of
the youth in nation-
building and shall promote
and protect their physical,
moral, spiritual,
intellectual, and social
well-being. It shall
inculcate in the youth
patriotism and
nationalism, and
encourage their
involvement in public and
civic affairs.
Sec. 25, Art.2, 1987
Constitution
Section 25. The State shall
The non-passage of the
Anti-Political Dynasty
Bill
Under Art 2, Sec 26. of the
1987 Constitution, the
Congress are tasked to
define what are political
dynasties and pass a law
about this issue however
thirty years later the bill has
not been passed into a law.
Many believe that such
opposition is because most
of the Congressmen and
Senators are from political
dynasties themselves.
Freedom of Information
(E.O. No. 2, 2016)
President Duterte passed
 FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

(c) To have access, on general ensure the autonomy of E.O. No,. 2 to provide full
terms of equality, to public local governments. disclosure of the
service in his country. government's records and
Sec. 26, Art.2, 1987 transactions, this is after the
Constitution FOI bill has been
consistently not passed in
Section 26. The State shall the Congress as a law.
guarantee equal access to
opportunities for public
service and prohibit
political dynasties as may
be defined by law.

Sec. 28, Art.2, 1987

Constitution

Section 28. Subject to

reasonable conditions
prescribed by law, the
State adopts and
implements a policy of full
public disclosure of all its
transactions involving
public interest.

Art. 4, 1987 Constitution

Section 1. Suffrage may be

exercised by all citizens of
the Philippines not
otherwise disqualified by
law, who are at least
eighteen years of age, and
who shall have resided in
the Philippines for at least
one year, and in the place
wherein they propose to
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

vote, for at least six

months immediately
preceding the election. No
literacy, property, or other
substantive requirement
shall be imposed on the
exercise of suffrage.

Section 2. The Congress

shall provide a system for
securing the secrecy and
sanctity of the ballot as
well as a system for
absentee voting by
qualified Filipinos.

The Congress shall also

design a procedure for the
disabled and the illiterates
to vote without the
assistance of other
persons. Until then, they
shall be allowed to vote
under existing laws and
such rules as the
Commission on Elections
may promulgate to protect
the secrecy of the ballot.

Sec. 1, Art. 5, 1987

Constitution

Section 1. Suffrage may be

exercised by all citizens of
the Philippines, not
otherwise disqualified by
law, who are at least
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

eighteen years of age, and

who shall have resided in
the Philippines for at least
one year and in the place
wherein they propose to
vote, for at least six
months immediately
preceding the election. No
literacy, property, or other
substantive requirement
shall be imposed on the
exercise of suffrage.

Republic Act No. 7160

(Local Government
Code of 1991)

Republic Act No. 9710

(Magna Carta Of
Women)

SEC. 11. Participating and

Representation. – The
State shall undertake
temporary special
measures to accelerate the
participation and equitable
representation of women
in all spheres of society
particularly in the decision-
making and policy-making
processes in government
and private entities to fully
realize their role as agents
and beneficiaries of
development.
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

The State shall institute

the following affirmative
action mechanisms so that
women can participate
meaningfully in the
formulation,
implementation, and
evaluation of policies,
plans, and programs for
national, regional, and
local
development:

(a) Empowerment within

the Civil Service. – Within
the next five (5) years, the
number of women in third
(3rd) level positions in
government shall be
incrementally increased to
achieve a fifty-fifty (50-50)
gender balance;

(b) Development Councils

and Planning Bodies. – To
ensure the participation of
women in all levels of
development planning and
program implementation,
at least forty percent
(40%) of membership
of all development councils
from the regional,
provincial, city, municipal,
and barangay levels shall
be composed of women;
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

(c) Other Policy and

Decision-Making Bodies. –
Women’s groups shall also
be represented in
international, national, and
local special and decision-
making bodies;

(d) International Bodies. –

The State shall take all
appropriate measures to
ensure the opportunity of
women, on equal terms
with
men and without any
discrimination to represent
their government at the
international level and to
participate in the work of
international
organizations:

(e) Integration of Women

in Political Parties. – The
State shall provide
incentives to political
parties with women’s
agenda. It
shall likewise encourage
the integration of women
in their leadership
hierarchy internal policy-
making structures,
appointive, and electoral
nominating processes; and

(f) Private Sector. – The

FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

State shall take measures

to encourage women
leadership in the private
sector in the form of
incentives.

Chapter 4, Republic Act

No. 8371 (The
Indigenous. Peoples'
Rights Act)

Republic Act No. 9189

(The Overseas Voting
Act)

Republic Act No. 7941

(Party-List System Act)

AKBAYAN-Youth v.
Commission on
Election, G.R. No.
147066, March 26,
2001

“In a representative
democracy such as ours,
the right of suffrage,
although accorded a prime
niche in the hierarchy of
rights embodied in the
fundamental law, ought to
be exercised within the
proper bounds and
framework of the
Constitution and must
properly yield to pertinent
laws skillfully enacted by
FEU JD4202 Group 3: Aricheta, Bernardez, Calbe, Gabriel, Javier, Villaranda
Article 18-21 of the Universal Declaration of Human Rights
HUMAN RIGHTS LAW | Atty. Patricia Cervantes - Poco

the Legislature, which

statutes for all intents and
purposes, are crafted to
effectively insulate such so
cherished right from
ravishment and preserve
the democratic institutions
our people have, for so
long, guarded against the
spoils of opportunism,
debauchery and abuse.

To be sure, the right of

suffrage ardently invoked
by herein petitioners, is
not at all absolute.
Needless to say, the
exercise of the right of
suffrage, as in the
enjoyment of all other
rights, is subject to
existing substantive and
procedural requirements
embodied in our
Constitution, statute books
and other repositories of
law.”