ARTICLE III BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty or property without due

process of law, nor shall any person be denied the equal protection of the laws.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P

1.

The right to a hearing, which includes the right to present ones case and submit
evidence in support thereof.

2.

The tribunal must consider the evidence presented.

Definition of Police Power:

3.

The decision must have something to support itself.

1)
Power vested in the legislature
2)
By the Constitution
3)
To make, ordain, and establish
4)
All manner of wholesome and reasonable laws, statutes, and ordinances
5)
Either with penalties or without
6)
Not repugnant to the constitution
7)
As they shall judge to be for the good and welfare of the commonwealth and of the
subjects of the same.

4.

Evidence supporting the conclusion must be substantial.

5.

The decision must be based on the evidence presented at the hearing or at least
contained in the record and disclosed to the parties affected.

6.

The tribunal or body or any of its judges must act on its or his own independent
consideration of the law and facts of the controversy, and not simply accept the
views of a subordinate in arriving at a decision.

7.

The board or body should, in all controversial questions, render its decision in such
a manner that the parties to the proceeding can know the various issues involved
and the reasons for the decision rendered.

Aspects of Due Process:

1.

Procedural due process refers to the mode of procedure which government

agencies must follow in the enforcement and application of laws.

2.

Substantive due process prohibition against arbitrary laws.

Note: PROCEDURAL DUE PROCESS:

Note:
1.

What is required is not actual hearing, but a real opportunity to be heard.

1.

A law which hears before it condemns.

2.

The requirement of due process can be satisfied by subsequent due hearing.

2.

Due process of law contemplates notice and opportunity to be heard before

judgment is rendered affecting ones person or property (Lopez v. Dir. of Lands)

3.

Violation of due process: when same person reviews his own decision on appeal.

4.
3.

Due process depends on circumstances; it varies with the subject matter and the
necessities of the situation.

Notice and hearing are required in judicial and quasi-judicial proceedings, but not
in the promulgation of general rule.

For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P

Requisites of PROCEDURAL due process:
1.

The student must be informed in writing of the nature and cause of any accusation
against them.

For JUDICIAL proceedings: CODE: C J N O H

1.

A court or tribunal clothed with judicial power to hear and determine the matter
before it.

2.

The student shall have the right to answer the charges against him, with the
assistance of counsel if desired.

2.

Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceedings.

3.

The student has the right to be informed of the evidence against him.

4.

The student has the right to adduce evidence in his own behalf.

3.

The defendant must be given notice and an opportunity to be heard.

5.

4.

Judgment must be rendered upon a lawful hearing.

The evidence must be duly considered by the investigating committee or official

designated by the school authorities to hear and decide the case.

6.

The penalty imposed must be proportionate to the offense.

1.

The INTERESTS of the public generally, as distinguished from those of a particular

class, requires the interference by the government and

2.

The MEANS employed are necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals.

Note:
1.

The school has a contractual obligation to afford its students a fair opportunity to
complete the course a student has enrolled for.

Requirements of a valid ordinance:

2.

Exceptions:

3.

Serious breach of discipline; or

4.

Failure to maintain the required academic standard.

5.

Proceedings in student disciplinary cases may be summary; cross-examination is

not essential

Instances when hearings are NOT necessary:

1.

Must not contravene the Constitution or any statute

2.

Must not be unfair or oppressive

3.

Must not be partial or discriminatory

4.

Must not prohibit, but may regulate trade

5.

Must be general and consistent with public policy

6.

Must not be unreasonable

1.

When administrative agencies are exercising their quasi-legislative functions.

2.

Abatement of nuisance per se.

3.

Granting by courts of provisional remedies.

1.

When it lacks COMPREHENSIBLE STANDARDS

4.

Cases of preventive suspension.

2.

That men of ordinary intelligence must necessarily GUESS as to its meaning

5.

Removal of temporary employees in the government service.

3.

And differ as to its application

6.

Issuance of warrants of distraint and/or levy by the BIR Commissioner.

Equal Protection of the law

7.

Cancellation of the passport of a person charged with a crime.

8.

Issuance of sequestration orders (considered a provisional remedy).

The equality that it guarantees is legal equality or the equality of all persons before the law.
It does not demand absolute equality. It merely requires that all persons shall be treated
alike, under like circumstances and conditions both as to privileges conferred and liabilities
enforced.

9.

Judicial order which prevents an accused from travelling abroad in order to

maintain the effectivity of the courts jurisdiction.

10. Suspension of a banks operations by the Monetary Board upon a prima facie
finding of liquidity problems in such bank.
Note:
1.

2.

The right to counsel is a very basic requirement of substantive due process and
has to be observed even in administrative and quasi-judicial bodies.
The right to appeal is a statutory privilege that may be exercised only in the
manner in accordance with law.

Requisites of SUBSTANTIVE due process: CODE: I M

When is a law VAGUE?

Requisites for valid classification for purposes of the equal protection clause
The classification must:

CODE: SGEE

1.

Rest on SUBSTANTIAL DISTINCTIONS

2.

Be GERMANE to the purposes of the law

3.

Not limited to existing conditions only

4.

APPLY EQUALLY to all members of the SAME CLASS.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be

inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the person or things to be seized.
General Rule: Search and seizures are unreasonable unless authorized by a validly issued
search warrant or warrant of arrest
Requisites for a valid warrant:
1.

CODE:

2.

If on the basis thereof, the judge finds no probable cause, he may disregard the
fiscals report and require the submission of supporting affidavits of witnesses to
aid him in arriving at the conclusion as to the existence of probable cause.

Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND

WITNESSES
1.

The oath required must refer to the truth of the facts within the personal
knowledge of the complainant or his witnesses because the purpose is to convince
the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).

2.

The true test of sufficiency of an affidavit to warrant the issuance of a search

warrant is whether it has been drawn in such a manner that perjury could be
charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI).

P J E D

It must be issued upon PROBABLE CAUSE.

2.

The existence of probable cause is determined personally by the JUDGE.

3.

The judge must EXAMINE UNDER OATH the complainant and the witnesses he may
produce.

4.

The warrant must PARTICULARLY DESCRIBE the place to be searched and person or
things to be seized.

Definition of PROBABLE CAUSE

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1.

A search warrant may be said to particularly describe the things to be seized when
the description therein is as specific as the circumstances will ordinarily
allow or

2.

When the description expresses a conclusion of fact not of law by which

the warrant officer may be guided in making the search and seizure or

3.

When the things described are limited to those which bear a direct
relation to the offense for which the warrant is being issued (Bache and Co. v.
Ruiz, 37 SCRA 823).

For the issuance of a warrant of arrest:

Probable cause refers to such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed by the person
sought to be arrested.

JOHN DOE WARRANT

For the issuance of a search warrant:
Probable cause would mean such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place to be searched.

A John Doe warrant can satisfy the requirement of particularity of description if it contains
a descriptio personae such as will enable the officer to identify the accused (People v.
Veloso, 48 Phil. 159)
GENERAL WARRANT

Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE
The judge is NOT required to personally examine the complainant and his witnesses. What
the Constitution underscores is the exclusive and personal responsibility of the issuing judge
to satisfy himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and investigation report
whenever necessary (Lim v. Felix).
Procedure:
1.

The judge personally evaluates the report and supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis thereof,
issue a warrant of arrest or

A general warrant is one that does not allege any specific acts or omissions constituting the
offense charged in the application for the issuance of the warrant. It contravenes the explicit
demand of the Bill of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH
1.

Search made as an incident to lawful arrest

1.

An officer making an arrest may take from the person arrested:

1.

Any money or property found upon his person which was used in the
commission of the offense or

2.

Was the fruit thereof or

3.

Which might furnish the prisoner with the means of committing violence
or escaping or

4.

Which may be used in evidence in the trial of the case

1.

The search must be made simultaneously with the arrest and it may only be made
in the area within the reach of the person arrested

1.

Search of moving vehicles

1.

This exception is based on exigency. Thus, if there is time to obtain a warrant in

order to search the vehicle, a warrant must first be obtained.

2.

The search of a moving vehicle must be based on probable cause.

1.

Seizure of goods concealed to avoid customs duties/authorized under the

Tariffs and Customs Code

1.

The Tariffs and Customs Code authorizes persons having police authority under the
Code to effect search and seizures without a search warrant to enforce customs
laws.

2.

Exception: A search warrant is required for the search of a dwelling house.

3.

Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause.

1.

Seizure of evidence in plain view

1.

To be a valid warrantless search, the articles must be open to the eye and hand.

2.

The peace officer comes upon them inadvertently.

Waiver of right
Requisites of a valid waiver:

1.

The right exists.

2.

The person had actual or constructive knowledge of the existence of such right.

3.

There is an actual intention to relinquish such right.

1.

The right against unreasonable searches and seizures is a personal right. Thus,
only the person being searched can waive the same.

2.

Waiver requires a positive act from the person. Mere absence of opposition is not a
waiver.

3.

The search made pursuant to the waiver must be made within the scope of the
waiver.

Note:
1.

Checkpoints: as long as the vehicle is neither searched nor its occupants subjected
to a body search and the inspection of the vehicle is limited to a visual search =
valid search (Valmonte V. De Villa)

2.

Carroll rule: warrantless search of a vehicle that can be quickly moved out of the
locality or jurisdiction

3.

The 1987 Constitution has returned to the 1935 rule that warrants may be issued
only by judges, but the Commissioner of Immigration may order the arrest of an
alien in order to carry out a FINAL deportation order.

VALID WARRANTLESS ARRESTS

1.

When the person to be arrested has committed, is actually committing, or is about

to commit an offense in the presence of the arresting officer.

1.

When an offense has in fact just been committed and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has
committed it.

1.

When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

1.

Waiver of an invalid arrest:

When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest.
1.

Hot pursuit

A. The pursuit of the offender by the arresting officer must be continuous from the time of
the commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.
1.

Stop and frisk

When a policeman observes suspicious activity which leads him to believe that a crime is
about to be committed, he can investigate the suspicious looking person and may frisk him
for weapons as a measure of self-protection. Should he find, however, a weapon on the
suspect which is unlicensed, he can arrest such person then and there for having committed
an offense in the officers presence.

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceedings.

1.

Prior restraint means official governmental restrictions on the press or other forms
of expression in advance of actual publication or dissemination.

2.

Examples/forms of prior restraint

R.A. 4200 (Anti-Wiretapping Act)

1.

The law does not distinguish between a party to the private communication or a
third person. Hence, both a party and a third person could be held liable under
R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)

1.

The use of a telephone extension to overhear a private conversation is not a

violation of R.A. 4200 because it is not similar to any of the prohibited devices
under the law. Also, a telephone extension is not purposely installed for the
purpose of secretly intercepting or recording private communication. (Gaanan v.
IAC, 145 SCRA 112)

Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in
the absence of governmental interference, the protection against unreasonable search and
seizure cannot be extended to acts committed by private individuals. (People v. Martin)
Section 4. No law shall be passed abridging the freedom of speech, of expression,
or of the press, or of the right of the people peaceably to assemble and petition
the government for redress of grievances.

What are considered protected speech:

Protected speech includes every form of expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as what is known as symbolic speech such as
the wearing of an armband as a symbol of protest. Peaceful picketing has also been
included within the meaning of speech.

movie censorship

2.

judicial prior restraint = injunction against publication

3.

license taxes based on gross receipts for the privilege of engaging in the
business of advertising in any newspaper

4.

flat license fees for the privilege of selling religious books

When prohibition does not apply

1.

During a war. Ex. Government can prevent publication about the

number/locations of its troops (Near v. Minnesota, 238 US 697)

2.

Obscene publications.

Types of communication protected:

Letters, messages, telephone calls, telegrams and the like.

1.

Standards for allowable subsequent punishment

TEST

CRITERION

1. Dangerous Tendency Test

the

There should be a RATIONAL CONNECTION between

speech and the evil apprehended.

2. Clear and Present Danger Test

that the words
such a nature as
that they will bring
State has a right to

There should be a clear and present danger

when used under such circumstances are of
to create a CLEAR AND PRESENT DANGER
about the substantive evils that the
prevent.

3. Balancing of Interests Test

INTEREST served
OF SPEECH (or
The courts will
be placed.

The courts should BALANCE the PUBLIC

by legislation on one hand and the FREEDOM
any other constitutional right) on the other.
then decide where the greater weight should

Freedom of Speech
Prohibitions under Section 4
Prohibition against PRIOR RESTRAINT
1.

Prohibition against SUBSEQUENT PUNISHMENT

The doctrine on freedom of speech was formulated primarily for the protection of
core speech, i.e. speech which communicates political, social or religious ideas.
These enjoy the same degree of protection. Commercial speech, however, does
not.
Commercial Speech

Prohibition against prior restraint

A communication which no more than proposes a commercial transaction.

1.

To enjoy protection:

3.

Judge will determine whether they are in fact obscene.

1.

It must not be false or misleading; and

4.

Judge will issue a search warrant.

2.

It should not propose an illegal transaction.

5.

Proper action should be filed under Art. 201 of the RPC.

6.

Conviction is subject to appeal.

Even truthful and lawful commercial speech may be regulated if:

1.

Government has a substantial interest to protect;

Right of Assembly and Petition

2.

The regulation directly advances that interest; and

The standards for allowable impairment of speech and press also apply to the right of
assembly and petition.

3.

It is not more extensive than is necessary to protect that interest.

(Central Hudson Gas and Electric Corp. v. Public Service Commission of
NY, 447 US 557)

Rules on assembly in public places:

Applicant should inform the licensing authority of the date, the public place where and
the time when the assembly will take place.

Unprotected Speech
1.
1.

LIBEL
FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and
are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest
opinion of the person. The statements are not used to attack personalities but
to give ones opinion on decisions and actions.

OPINIONS. With respect to public personalities (politicians, actors, anyone with a

connection to a newsworthy event), opinions can be aired regarding their public
actuations. Comment on their private lives, if not germane to their public personae, are
not protected.
2.

OBSCENITY

The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of the permit
or to its grant, but in another public place. The grant or refusal should be based on
the application of the Clear and Present Danger Test.
1.

If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.

2.

The decision of the public authority, whether favorable or adverse, must be

transmitted to the applicants at the earliest opportunity so that they may, if
they so desire, have recourse to the proper judicial authority.

Rules on assembly in private properties:

Only the consent of the owner of the property or person entitled to possession thereof is
required.

Test for obscenity (Miller v. California)

1.

Whether the average person, applying contemporary community standards would

find that the work, taken as a whole, appeals to the prurient interest.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

2.

Whether the work depicts or describes, in a patently offensive way, sexual

conduct, specifically defined by law.

Clauses under Section 5

3.

Whether the work, taken as a whole, lacks serious literary, artistic, political or
scientific value.

1.

Non-establishment clause

2.

Free exercise of Religion

Procedure for seizure of allegedly obscene publications

Distinction between the clauses (School District v. Schempp, 374 US 203)
1.

Authorities must apply for issuance of search warrant.

2.

Court must be convinced that the materials are obscene. Apply clear and present
danger test.

1.

The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish
an official religion whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-establishment clause can

be stated as follows: What are the purposes and primary effect of the enactment?
If either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the nonestablishment clause, two requisites must be met. First, it has a secular legislative
purpose. Second, its primary effect neither advances nor inhibits religion.
1.

The free exercise of religion clause withdraws from legislative power the
exertion of any restraint on the free exercise of religion. In order to show a
violation of this clause, the person affected must show the coercive effect of the
legislation as it operates against him in the practice of his religion. While the
freedom to believe (non-establishment) is absolute, the moment such belief flows
over into action, it becomes subject to government regulation.

Section 7. The right of the people to information on matters of public concern shall be
recognized.
Rights guaranteed under Section 7
1.

Right to information on matters of public concern

2.

Right of access to official records and documents

Persons entitled to the above rights

Only Filipino citizens.

Requisites for government aid to be allowable:

1.

It must have a secular legislative purpose;

Discretion of government

2.

It must have a primary effect that neither advances nor inhibits religion;

The government has discretion with respect to the authority to determine what matters are
of public concern and the authority to determine the manner of access to them.

3.

It must not require excessive entanglement with recipient institutions.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel
be impaired except in the interest of national security, public safety or public health, as may
be provided by law.

Rights guaranteed under Section 6:

Recognized restrictions on the right of the people to information:

1.

National security matters

2.

Intelligence information

3.

Trade secrets

4.

Banking transactions

1.

Freedom to choose and change ones place of abode.

5.

Diplomatic correspondence

2.

Freedom to travel within the country and outside.

6.

Executive sessions

7.

Closed door cabinet meetings

8.

Supreme Court deliberations

Curtailment of rights:
RIGHT
1. Liberty of abode
prescribed by law.
2. Right to travel
passport
public

MANNER OF CURTAILMENT
Lawful order of the court and within the limits

May be curtailed even by administrative officers (ex.

officers) in the interest of national security, public safety, or
health, as may be provided by law.

Note: The right to travel and the liberty of abode are distinct from the right to return to
ones country, as shown by the fact that the Declaration of Human Rights and the Covenant
on Human Rights have separate guarantees for these. Hence, the right to return to ones
country is not covered by the specific right to travel and liberty of abode. (Marcos v.
Manglapus)

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law, shall not be abridged.
The right to form associations shall not be impaired without due process of law and is thus
an aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition,
insofar as the associations may have for their object the advancement of beliefs and ideas,
the freedom of association is an aspect of the freedom of speech and expression, subject to
the same limitation.
The right also covers the right not to join an association.

Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.

PUBLIC USE
1.

Public use, for purposes of expropriation, is synonymous with public welfare as the
latter term is used in the concept of police power.

2.

Examples of public use include land reform and socialized housing.

Section 9. Private property shall not be taken for public use without just
compensation.
Who can exercise the power of eminent domain:
1)

The national government

1.

Congress

2.

Executive, pursuant to legislation enacted by Congress

JUST COMPENSATION
1.

Compensation is just if the owner receives a sum equivalent to the market value of
his property. Market value is generally defined as the fair value of the property as
between one who desires to purchase and one who desires to sell.

2.

The point of reference use in determining fair value is the value at the time the
property was taken. Thus, future potential use of the land is not considered in
computing just compensation.

2)
Local government units, pursuant to an ordinance enacted by their respective
legislative bodies (under LGC)
3)

Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary?

It is only necessary when the owner does not want or opposes the sale of his property. Thus,
if a valid contract exists between the government and the owner, the government cannot
exercise the power of eminent domain as a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1)
There is a TAKING of private property
2)
Taking is for PUBLIC USE
3)
Payment of JUST COMPENSATION
TAKING
A. Elements: CODE: E P A P O
1.

The expropriator enters the property

2.

The entrance must not be for a momentary period, i.e., it must be permanent

3.

Entry is made under warrant or color of legal authority

4.

Property is devoted to public use

5.

Utilization of the property must be in such a way as to oust the owner and deprive
him of the beneficial enjoyment of his property.

B. Compensable taking does not need to involve all the property interests which form part
of the right of ownership. When one or more of the property rights are appropriated and
applied to a public purpose, there is already a compensable taking, even if bare title still
remains with the owner.

Judicial review of the exercise of the power of eminent domain

1.

To determine the adequacy of the compensation

2.

To determine the necessity of the taking

3.

To determine the public use character of the taking. However, if the

expropriation is pursuant to a specific law passed by Congress, the courts cannot
question the public use character of the taking.

When municipal property is taken by the State:

Compensation is required if the property is a patrimonial property, that is, property acquired
by the municipality with its private funds in its corporate or private capacity. However, if it is
any other property such a public buildings or legua comunal held by the municipality for the
State in trust for the inhabitants, the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and meanwhile
the value of the property has increased because of the use to which the expropriator has put
it, the value is that of the time of the earlier taking. BUT if the value increased
independently of what the expropriator did, then the value is that of the latter filing of the
case.
Section 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1)
If it changes the terms and conditions of a legal contract either as to the time or mode
of performance

2)

If it imposes new conditions or dispenses with those expressed

Who are entitled to bail:

3)

If it authorizes for its satisfaction something different from that provided in its terms.

1)
2)
3)

A mere change in PROCEDURAL REMEDIES which does not change the substance of the
contract, and which still leaves an efficacious remedy for enforcement does NOT impair the
obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Section 12. Rights of person under investigation for the commission of an
offense.
Rights of person under investigation for the Commission of an offense CODE:
SCISI
1)
2)
3)
4)

Right
Right
Right
Right

to
to
to
to

remain silent
have competent and independent counsel, preferably of his own choice
provided with the services of counsel if he cannot afford the services of one.
be informed of these rights.

All persons ACTUALLY DETAINED

shall, BEFORE CONVICTION
Be entitled to bail.

Who are not entitled to bail:

1)
when
2)
3)

Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH,

evidence
of guilt is strong
Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.

1)
The right to bail shall NOT be impaired even when the privilege of the writ of habeas
corpus is suspended.
2)

Excessive bail shall not be required.

Factors considered in setting the amount of bail:

When rights are available:
1)
AFTER a person has been taken into custody or
2)
When a person is otherwise deprived of his freedom of action in any significant way.
3)
When the investigation is being conducted by the government (police, DOJ, NBI) with
respect to a criminal offense.
4)
Signing of arrest reports and booking sheets.
When rights are not available:
1)
During a police line-up. Exception: Once there is a move among the investigators to
elicit
admissions or confessions from the suspect.
2)
During administrative investigations.
3)
Confessions made by an accused at the time he voluntarily surrendered to the police
or outside the
context of a formal investigation.
4)
Statements made to a private person.
Exclusionary rule
1)
Any confession or admission obtained in violation of this section shall be inadmissible
in evidence against him (the accused).
2)
Therefore, any evidence obtained by virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1)
2)

Waiver should be made in WRITING

Waiver should be made in the PRESENCE OF COUNSEL.

1)
Ability to post bail
2)
Nature of the offense
3)
Penalty imposed by law
4)
Character and reputation of the accused
5)
Health of the accused
6)
Strength of the evidence
7)
Probability of appearing at the trial
8)
Forfeiture of previous bail bonds
9)
Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1.

The person claiming the right must be in actual detention or custody of the law.

2.

The constitutional right is available only in criminal cases, not, e.g. in deportation
proceedings.

Note:
1.

Right to bail is not available in the military.

2.

Apart from bail, a person may attain provisional liberty through recognizance.

Section 14. Rights of an accused

Rights of a person charged with a criminal offense

Section 13. Right to bail

1.

Right to due process of law

2.

Right to be presumed innocent

3.

Right to be heard by himself and counsel

2.

While the accused is entitled to be present during promulgation of judgement, the

absence of his counsel during such promulgation does not affect its validity.

2. Right to counsel
4.

Right to be informed of the nature and cause of the accusation against him

5.

Right to have a speedy, impartial and public trial

6.

Right to meet the witnesses face to face

7.

Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf

(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.

(b) If the accused appears at arraignment without counsel, the judge must:
(i)
Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must be
appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable
time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses

DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to comply
with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain facts
leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable
connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
The right to be heard includes the following rights:
1.

Right to be present at the trial

2.

The right to be present covers the period from ARRAIGNMENT to PROMULGATION of

sentence.

RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST

HIM
Purposes of the right:
1)
To furnish the accused with a description of the charge against him as will enable him
to make his
defenses
2)
To avail himself of his conviction or acquittal against a further prosecution for the same
cause
3)
To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot be
convicted thereof even if the prosecution is able to present evidence during the trial with
respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

3.

(i)
(ii)

After arraignment, trial may proceed notwithstanding absence of accused,

provided 2 requisites are met. Note, that trial in absentia is allowed only if the
accused has been validly arraigned.
Accused has been duly notified; and
His failure to appear is unjustifiable.

1.

The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if necessary for
identification purposes. Exception: If the accused, after arraignment, has stipulated
that he is indeed the person charged with the offense and named in the
information, and that any time a witness refers to a name by which he is known,
the witness is to be understood as referring to him.

Factors used in determining whether the right to a speedy trial has been violated.
1)
2)
3)
4)
5)

Time expired from the filing of the information

Length of delay involved
Reasons for the delay
Assertion or non-assertion of the right by the accused
Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accuseds right to

speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double
jeopardy. This would be the effect even if the dismissal was made with the consent of the
accused

Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.

While the rights of an accused only apply to the trial phase of criminal cases, the right to a
speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
Section 17. No person shall be compelled to be a witness against himself.

Definition of impartial trial

When is a question incriminating:
The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is offensive to decency or public morals, the public
may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on
Saturdays, either with the consent of the accused or if failed to object thereto.
RIGHT TO MEET WITNESS FACE TO FACE

A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
Distinction between an accused and an ordinary witness
1.

An accused can refuse to take the witness stand by invoking the right against selfincrimination.

2.

An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.

Scope of right

Purposes of the right:

1.

To afford the accused an opportunity to cross-examine the witness

2.

To allow the judge the opportunity to observe the deportment of the witness

1.

What is PROHIBITED is the use of physical or moral compulsion to extort

communication from the witness or to otherwise elicit evidence which would not
exist were it not for the actions compelled from the witness.

2.

The right does NOT PROHIBIT

the examination of the body of the accused or
the use of findings with respect to his body as physical evidence. Hence, the
fingerprinting of an accused would not violate the right against self-incrimination.
However, obtaining a sample of the handwriting of the accused would violate this
right if he is charged for falsification.

3.

The accused cannot be compelled to produce a private document in his possession

which might tend to incriminate him. However, a third person in custody of the
document may be compelled to produce it.

Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or was not
due to the fault of the prosecution, the testimony of the witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during preliminary
investigations.
Principal exceptions to the right of confrontation

When the right can be invoked:

1.

In criminal cases

2.

In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of

property)

1.

The admissibility of dying declarations

2.

Trial in absentia under Section 14(2)

Who can invoke the right:

3.

With respect to child testimony

Only natural persons. Judicial persons are subject to the visitorial powers of the state in
order to determine compliance with the conditions of the charter granted to them.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16

Section 18. Right against involuntary servitude

Definition of involuntary servitude

It is every condition of enforced or compulsory service of one to another no matter under
what form such servitude may be disguised.
Exceptions:
1.

Punishment for a crime for which the party has been duly convicted

2.

Personal military or civil service in the interest of national defense

3.

Return to work order issued by the DOLE Secretary or the President

Section 19. Prohibition against cruel, degrading and inhuman punishment

1)
Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any
liability to pay money. Thus, all other types of obligations are not within the scope of this
prohibition.
2)
Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
3)

A FRAUDULENT debt may result in the imprisonment of the debtor if:

1.

The fraudulent debt constitutes a crime such as estafa and

2.

The accused has been duly convicted.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.

When is a penalty cruel, degrading and inhuman?

Requisites for a valid defense of double jeopardy: CODE: ATS
1.

2.

A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex.

Being drawn and quartered.
A penalty is degrading if it exposes a person to public humiliation. Ex. Being
tarred and feathered, then paraded throughout town.

1)
2)
3)

First jeopardy must have attached prior to the second.

The first jeopardy must have terminated.
The second jeopardy must be for the same offense as that in the first.

When does jeopardy ATTACH: (1st requisite) CODE: CICAV

Standards used:
1.

The punishment must not be so severe as to be degrading to the dignity of human

beings.

2.

It must not be applied arbitrarily.

1)
A person is charged
2)
Under a complaint or information sufficient in form and substance to sustain a
conviction
3)
Before a court of competent jurisdiction
4)
After the person is arraigned
5)
Such person enters a valid plea.

3.

It must not be unacceptable to contemporary society

When does jeopardy NOT attach:

4.

It must not be excessive, i.e. it must serve a penal purpose more effectively than a
less severe punishment would.

1)
If information does not charge any offense
2)
If, upon pleading guilty, the accused presents evidence of complete self-defense, and
the court thereafter acquits him without entering a new plea of not guilty for accused.
3)
If the information for an offense cognizable by the RTC is filed with the MTC.
4)
If a complaint filed for preliminary investigation is dismissed.

Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or
inhuman.
Reason: Without a valid penalty, the law is not a penal law.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1)
2)
3)
4)

Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.

Examples of termination of jeopardy:

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20

1)
Dismissal based on violation of the right to a speedy trial. This amounts to an
acquittal.
2)
Dismissal based on a demurrer to evidence. This is a dismissal on the merits.

3)
Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation
filed by the accused.
4)
Discharge of an accused to be a state witness. This amounts to an acquittal.
When can the PROSECUTION appeal from an order of dismissal:
1)
If dismissal is on motion of the accused. Exception: If motion is based on violation of
the right to a speedy trial or on a demurrer to evidence.
2)
If dismissal does NOT amount to an acquittal or dismissal on the merits
3)
If the question to be passed upon is purely legal.
4)
If the dismissal violates the right of due process of the prosecution.
5)
If the dismissal was made with grave abuse of discretion.
What are considered to be the SAME OFFENSE: (under the 1st sentence of
Section 21)
1)
2)
3)

Exact identity between the offenses charged in the first and second cases.
One offense is an attempt to commit or a frustration of the other offense.
One offense is necessarily included or necessary includes the other.

Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1)
Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information where:
1.

The graver offense developed due to a supervening fact arising from the same act
or omission constituting the former charge.

2.

The facts constituting the graver offense became known or were discovered only
after the filing of the former information.

3.

The plea of guilty to the lesser offense was made without the consent of the fiscal
and the offended party.

2)
Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecutions incompetence, it would not be considered a
supervening event.

Effect of appeal by the accused:

If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The
whole case will be open to review by the appellate court. Such court may even increase the
penalties imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1)
One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2)
One which aggravates the crime or makes it greater than when it was committed.
3)
One which changes the punishment and inflicts a greater punishment than that which
the law annexed to the crime when it was committed.
4)
One which alters the legal rules of evidence and receives less testimony than the law
required at the time of the commission of the offense in order to convict the accused.
5)
One which assumes to regulate civil rights and remedies only BUT, in effect, imposes
a penalty or deprivation of a right, which, when done, was lawful.
6)
One which deprives a person accused of a crime of some lawful protection to which he
has become entitled such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1)
A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2)
The bill of attainder does not need to be directed at a specifically named person. It
may also refer to easily ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.
3)

Elements of the bill of attainder

1.

There must be a LAW.

2.

The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE

MEMBERS of a GROUP.

3.

The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.