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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
The Commission on Human Rights of the Philippines, in Resolution CHR No. A92-007 dated January 28, 1992 and in the exercise of its visitorial powers pursuant to Section 18 (4) of Article XIII of the Constitution reiterated its recommendation to the President to: “ x x x 2. Provide separate detention facilities for women and children. x x x “ Despite this, however, the Commission has been continuously receiving verified reports from its regional offices and concerned non-government organizations that the detention facilities are not sufficient to accommodate minors and women separately from men and those convicted of crimes for which they are charged and serving sentence. The Philippines is a State party to the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and has, in fact, enacted laws, pursuant to the Philippine Constitution, e.g. Presidential Decree 603 for which reason the Government is under obligation to comply with the following: 1. International Covenant on Civil and Political Rights, 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.” 2. Convention on the Rights of the Child, Article 37 (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offenses committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily.The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and form the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as sell as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority and to a prompt decision on any such action. 3. Philippine Constitution, Declaration of Principles and State Policies (Article II), Section 12 “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn 65
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UNITED NATIONS HUMAN RIGHTS COMMITT
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Pro Bono Counsel for Complainants a
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‣ Appeal to and meeting with Hono
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to order the President et. al. to s
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clamoring to stop these Covenant vi
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I never believed that was possible
Page 13 and 14: partially or fulltime. As many as 1
Page 15 and 16: to break this scourge of widespread
Page 17 and 18: In his report entitled “In Larger
Page 19 and 20: time without access to legal, medic
Page 21 and 22: [2] PD 603 or the Child and Youth W
Page 23 and 24: In its motion for reconsideration a
Page 25 and 26: criminality is readily exposed as a
Page 27 and 28: For queries, please contact Atty. P
Page 29 and 30: In 2000, at least 121 jailed kids c
Page 31 and 32: For tacitly acquiescing, consenting
Page 33 and 34: “Sadly, instead of redeeming thou
Page 35 and 36: giving rise to the applicability of
Page 37 and 38: a lack or excess of jurisdiction sh
Page 39 and 40: adult crime suspects in filthy poli
Page 41 and 42: Anatomy of police child detention a
Page 43 and 44: Discrimination based on Article 2(1
Page 45 and 46: domestic law has been initiated by
Page 47 and 48: Despite the prohibition under Artic
Page 49 and 50: their being poor, their sex (as far
Page 51 and 52: which law enforcers acting under th
Page 53 and 54: the point of contact with law enfor
Page 55 and 56: ‣ Annexes B-3-B-4 to Ombudsman co
Page 57 and 58: including “the removal of obstacl
Page 59 and 60: Article 191 of the Child and Youth
Page 61 and 62: Department of Social Welfare and De
Page 63: This came out seven days after some
Page 67 and 68: * The Bureau of Jail Management and
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