Human Rights Committee - Philippine Center for Investigative ...

23 Rep. Virgilio P. Robles vs. Honorable House of Representatives Electoral Tribunal and Romeo Santos,
G.R. 86647, February 5, 1990
Full text of this decision is accessible at
http://www.chanrobles.com/cralaw19906.htm
24 An Act Defining Certain Rights Of Person Arrested, Detained Or Under Custodial Investigation As Well As
The Duties Of The Arresting, Detaining And Investigating Officers, And Providing Penalties For Violations
Thereof, Republic Act No. 7438, April 27, 1992
http://www.chanrobles.com/republicactno7438.htm
25
Sec. 3. Corrupt practices of public officers. - In addition to acts or omissions of public
officers already penalized by existing law, the following shall constitute corrupt practices of any
public officer and are hereby declared to be unlawful:
xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions. (underscoring supplied)
- Anti-Graft and Corrupt Practices Act (Republic Act 3019)
26 Prosecutor v. Zejnil Delalic Zdravko Mucic Also Known As “Pavo” Hazim Delic Esad Landzo Also
Known As “Zenga”
http://www.un.org/icty/celebici/trialc2/judgement/
See Also Prosecutor v. Zejnil Delalic Zdravko Mucic Also Known As “Pavo” Hazim Delic
http://lawofwar.org/celebici.htm
27 In this case, the Honorable Philippine Supreme Court declared: “The course which petitioner takes is
correct. Habeas corpus is a high prerogative writ. It is traditionally considered as an exceptional remedy to
release a person whose liberty is illegally restrained such as when the accused’s constitutional rights are
disregarded. Such defect results in the absence or loss of jurisdiction and therefore invalidates the
trial and the consequent conviction of the accused whose fundamental right was violated. That void
judgment of conviction may be challenged by collateral attack, which precisely is the function of habeas
corpus. This writ may issue even if another remedy which is less effective may be availed of by the
defendant. Thus, failure by the accused to perfect his appeal before the Court of Appeals does not preclude
a recourse to the writ. The writ may be granted upon a judgment already final. For, as explained in Johnson
vs. Zerbst, the writ of habeas corpus as an extraordinary remedy must be liberally given effect so as to
protect well a person whose liberty is at stake.” [underscoring supplied] - G.R. No. L-29169; August 19, 1968
28 Administrative Circular No. 04-2002 re Special Treatment Of Minor Detainees And Jail Decongestion
addressed to All Executive Judges And Judges Of Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts In Cities, Municipal Trial Court And Muncipal Circuit Trial Courts.
29 Article VI Other Acts of Abuse
Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
- Article VI, An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse,
Exploitation And Discrimination, And For Other Purposes, Republic Act 7610
30 The full text of the Commission on Human Rights resolution runs as follows:
On Separate Detention Facilities for Women and Children
64