people;3 the Philippine National Police is principally tasked to ensure and maintain a
peaceful and orderly environment? and, in general, the Philippine Government and
all civil servants, have the primary duty to serve and protect the people.5 Thus the
sponsorof the Bill poses the question: Who guards the guardians?®
True, the fundamental powers ofthe Stateor thelegitimate authority vested
to anyofits agencies, instrumentalities, or individual officer or personnel, cannot be
exercised otherwise or in any mannerastoinfringeor injure the basicrighttolife, to
dignity and toself-development ofevery individual in Philippineterritory, as well as
of Filipinosin foreign lands.In the samevein, no law shouldbepassedto, once again,
give license to theState to take awaylife.
Second, House Bill No. 566 failed to take into account the Philippine's
obligations embodiedin the international instruments on humanrights to which the
Philippines is a State Party, as well as the pertinent provisions of the Philippine
Constitution, and legislative enactment upholding the right to life of every human
being, regardless offrontiers,political ideology oraspiration, religion, creed, sex, age,
nationality, race or ethnicorigin, or social status. For this reason, the Commission on
HumanRights strongly reiterates and re-affirms its commitmenttothe right to life
sand calls on the Legislative Branch of Government to revisit and take serious
consideration of the State obligation to respect and protect the dignity and
sacrednessoflife of every humanbeing.
The Universal Declaration of Human Rights (UDHR), which has
developed into a customary law,reflects the consensus of the community of nations
thatit is abolitionist in outlook. The UDHR categorically states that:
"Everyonehasthe rightto life, liberty and security of
person."7
XXX
"No oneshall be subjectedto torture or to cruel, inhuman or
degrading treatment or punishment."8
OnFebruary 28, 1986, the Philippinesratified the International Covenant
on Civil and Political Rights (ICCPR) which affirms and guaranteesthat:
"Every human being hasthe inherent rightto life. This right
shall be protected by law. No oneshall be arbitrarily deprivedof his
life."9
"No oneshall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment...”°°
XXX
* Section 3, Article II, 1987 Constitution.
* Section 21, Article X, 1987 Constitution
* Section 4, Article II, 1987 Constitution.; Sec. 2 & 24, RA 6975
© Explanatory Note, HB 566
7 Article 3, UDHR
® Article 5, UDHR
° Article 6(1), ICCPR
® Article 7, ICCPR
4S