ARTICLE III – BILL OF RIGHTS 5.

The decision must be based on the evidence

Section 1. No person shall be deprived of life, liberty presented at the hearing or at least contained in
the record and disclosed to the parties affected.
or property without due process of law, nor shall
6. The tribunal or body or any of its judges must
any person be denied the equal protection of the
act on its or his own independent consideration
laws.
of the law and facts of the controversy, and not
simply accept the views of a subordinate in
Definition of “Police Power”: arriving at a decision.
1) Power vested in the legislature
7. The board or body should, in all controversial
2) By the Constitution
3) To make, ordain, and establish questions, render its decision in such a manner
4) All manner of wholesome and reasonable laws, that the parties to the proceeding can know the
statutes, and ordinances various issues involved and the reasons for the
5) Either with penalties or without decision rendered.
6) Not repugnant to the constitution
7) As they shall judge to be for the good and
Note:
welfare of the commonwealth and of the subjects of
the same. 1. What is required is not actual hearing, but a real
opportunity to be heard.
2. The requirement of due process can be satisfied
Aspects of “Due Process”:
by subsequent due hearing.
1. Procedural due process – refers to the mode of
3. Violation of due process: when same person
procedure which government agencies must
reviews his own decision on appeal.
follow in the enforcement and application of
4. Notice and hearing are required in judicial and
laws.
quasi-judicial proceedings, but not in the
2. Substantive due process – prohibition against
promulgation of general rule.
arbitrary laws.

For SCHOOL DISCIPLINARY proceedings: CODE: W A

Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns. In A D P
2. Due process of law contemplates notice and 1. The student must be informed in writing of the
opportunity to be heard before judgment is nature and cause of any accusation against
rendered affecting one’s person or property them.
(Lopez v. Dir. of Lands) 2. The student shall have the right to answer the
3. Due process depends on circumstances; it varies charges against him, with the assistance of
with the subject matter and the necessities of counsel if desired.
the situation. 3. The student has the right to be informed of the
evidence against him.
4. The student has the right to adduce evidence in
Requisites of PROCEDURAL due process:
his own behalf.
For JUDICIAL proceedings: CODE: C J N O H 5. The evidence must be duly considered by the
1. A court or tribunal clothed with judicial power investigating committee or official designated by
to hear and determine the matter before it. the school authorities to hear and decide the
2. Jurisdiction must be lawfully acquired over the case.
person of the defendant or over the property 6. The penalty imposed must be proportionate to
which is the subject of the proceedings. the offense.
3. The defendant must be given notice and Note:
an opportunity to be heard. 1. The school has a contractual obligation to afford
4. Judgment must be rendered upon a its students a fair opportunity to complete the
lawful hearing. course a student has enrolled for.
2. Exceptions:
For ADMINISTRATIVE proceedings: CODE: H E D S H I 3. Serious breach of discipline; or
P 4. Failure to maintain the required academic
1. The right to a hearing, which includes the right standard.
to present one’s case and submit evidence in 5. Proceedings in student disciplinary cases may be
support thereof. summary; cross-examination is not essential
2. The tribunal must consider the evidence Instances when hearings are NOT necessary:
presented. 1. When administrative agencies are exercising
3. The decision must have something to support their quasi-legislative functions.
itself. 2. Abatement of nuisance per se.
4. Evidence supporting the conclusion must 3. Granting by courts of provisional remedies.
be substantial. 4. Cases of preventive suspension.
 5. Removal of temporary employees in the 2. Be GERMANE to the purposes of the law
government service. 3. Not limited to existing conditions only
6. Issuance of warrants of distraint and/or levy by 4. APPLY EQUALLY to all members of the SAME
the BIR Commissioner. CLASS.
7. Cancellation of the passport of a person charged
with a crime. Section 2. The right of the people to be secure in their
8. Issuance of sequestration orders (considered a persons, houses, papers, and effects against
provisional remedy). unreasonable searches and seizures of whatever nature
9. Judicial order which prevents an accused and for any purpose shall be inviolable, and no search
from travelling abroad in order to maintain the warrant or warrant of arrest shall issue except upon
effectivity of the court’s jurisdiction. probable cause to be determined personally by the
10. Suspension of a bank’s operations by the judge after examination under oath or affirmation of
Monetary Board upon a prima facie finding of
the complainant and the witnesses he may produce,
liquidity problems in such bank.
and particularly describing the place to be searched
Note:
and the person or things to be seized.
1. The right to counsel is a very basic requirement
of substantive due process and has to be
General Rule: Search and seizures are unreasonable
observed even in administrative and quasi-
unless authorized by a validly issued search warrant or
judicial bodies.
warrant of arrest
2. The right to appeal is a statutory privilege that
may be exercised only in the manner in
Requisites for a valid
accordance with law.
warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE.
Requisites of SUBSTANTIVE due process: CODE: I M 2. The existence of probable cause is determined
1. The INTERESTS of the public generally, as personally by the JUDGE.
distinguished from those of a particular class, 3. The judge must EXAMINE UNDER OATH the
requires the interference by the government and complainant and the witnesses he may produce.
2. The MEANS employed are necessary for the 4. The warrant must PARTICULARLY DESCRIBE the
accomplishment of the purpose and not unduly place to be searched and person or things to be
oppressive upon individuals. seized.
Definition of “PROBABLE CAUSE”
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any For the issuance of a warrant of arrest:
statute
2. Must not be unfair or oppressive Probable cause refers to such facts and circumstances
3. Must not be partial or discriminatory which would lead a reasonably discreet and prudent
4. Must not prohibit, but may regulate trade man to believe that an offense has been committed by
5. Must be general and consistent with public policy the person sought to be arrested.
6. Must not be unreasonable
For the issuance of a search warrant:

When is a law VAGUE? Probable cause would mean such facts and
1. When it lacks COMPREHENSIBLE STANDARDS circumstances which would lead a reasonably discreet
2. That men of ordinary intelligence must and prudent man to believe that an offense has been
necessarily GUESS as to its meaning committed and that the objects sought in connection
3. And differ as to its application with the offense are in the place to be searched.
Equal Protection of the law
Note: Probable cause for the issuance of a search
The equality that it guarantees is legal equality or the warrant does NOT require that the probable guilt of a
equality of all persons before the law. It does not specific offender be established, unlike in the case of
demand absolute equality. It merely requires that all a warrant of arrest.
persons shall be treated alike, under like
Existence of probable cause “DETERMINED PERSONALLY
circumstances and conditions both as to privileges BY THE JUDGE”
conferred and liabilities enforced.
The judge is NOT required to personally examine the
Requisites for valid classification for purposes of the complainant and his witnesses. What the Constitution
equal protection clause underscores is the exclusive and personal responsibility
The classification must: CODE: SGEE of the issuing judge to satisfy himself of the existence
1. Rest on SUBSTANTIAL DISTINCTIONS of probable cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutor’s 1. Search made as an incident to lawful arrest
certification and investigation report whenever 1. An officer making an arrest may take from the
necessary (Lim v. Felix). person arrested:
1. Any money or property found upon his
Procedure: person which was used in the commission
1. The judge personally evaluates the report and of the offense or
supporting documents submitted by the fiscal 2. Was the fruit thereof or
regarding the existence of probable cause and, 3. Which might furnish the prisoner with the
on the basis thereof, issue a warrant of arrest or means of committing violence or escaping
2. If on the basis thereof, the judge finds no or
probable cause, he may disregard the fiscal’s 4. Which may be used in evidence in the trial
report and require the submission of supporting of the case
affidavits of witnesses to aid him in arriving at 1. The search must be made simultaneously with
the conclusion as to the existence of probable the arrest and it may only be made in the area
cause. within the reach of the person arrested

Examination “UNDER OATH OR AFFIRMATION OF THE 2. Search of moving vehicles

COMPLAINANT AND WITNESSES” 1. This exception is based on exigency. Thus, if
1. The oath required must refer to the truth of the there is time to obtain a warrant in order to
facts within the personal knowledge of the search the vehicle, a warrant must first be
complainant or his witnesses because the obtained.
purpose is to convince the judge of the existence 2. The search of a moving vehicle must be based on
of probable cause (Alvarez v. CFI, 64 Phil. 33). probable cause.
2. The true test of sufficiency of an affidavit to
warrant the issuance of a search warrant is 3. Seizure of goods concealed to avoid customs
whether it has been drawn in such a manner that duties/authorized under the Tariffs and
perjury could be charged thereon and affiant be Customs Code
held liable for the damages caused (Alvarez v. 1. The Tariffs and Customs Code authorizes persons
CFI). having police authority under the Code to effect
search and seizures without a search warrant to
enforce customs laws.
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
2. Exception: A search warrant is required for the
1. A search warrant may be said to particularly
search of a dwelling house.
describe the things to be seized when the
3. Searches under this exception include searches
description therein is as specific as the
at borders and ports of entry. Searches in these
circumstances will ordinarily allow or
areas do not require the existence of probable
2. When the description expresses a conclusion
cause.
of fact – not of law – by which the warrant
4. Seizure of evidence in plain view
officer may be guided in making the search and
1. To be a valid warrantless search, the articles
seizure or
must be open to the eye and hand.
3. When the things described are limited to those
2. The peace officer comes upon them
which bear a direct relation to the offensefor
inadvertently.
which the warrant is being issued (Bache and Co.
v. Ruiz, 37 SCRA 823).
Waiver of right
JOHN DOE WARRANT
1. Requisites of a valid waiver:
A “John Doe” warrant can satisfy the requirement of 1. The right exists.
particularity of description if it contains a descriptio 2. The person had actual or constructive knowledge
personae such as will enable the officer to identify the of the existence of such right.
accused (People v. Veloso, 48 Phil. 159) 3. There is an actual intention to relinquish such
GENERAL WARRANT right.
1. The right against unreasonable searches and
A general warrant is one that does not allege any seizures is a personal right. Thus, only the
specific acts or omissions constituting the offense person being searched can waive the same.
charged in the application for the issuance of the 2. Waiver requires a positive act from the person.
warrant. It contravenes the explicit demand of the Bill Mere absence of opposition is not a waiver.
of Rights that the things to be seized be particularly 3. The search made pursuant to the waiver must be
described. made within the scope of the waiver.
Note:
VALID WARRANTLESS SEARCH
 1. Checkpoints: as long as the vehicle is neither (2) Any evidence obtained in violation of this or
searched nor its occupants subjected to a body the preceding section shall be inadmissible for any
search and the inspection of the vehicle is purpose in any proceedings.
limited to a visual search = valid search
(Valmonte V. De Villa)
R.A. 4200 (Anti-Wiretapping Act)
2. Carroll rule: warrantless search of a vehicle that 1. The law does not distinguish between a party to
can be quickly moved out of the locality or the private communication or a third
jurisdiction person. Hence, both a party and a third person
3. The 1987 Constitution has returned to the 1935 could be held liable under R.A. 4200 if they
rule that warrants may be issued only by judges, commit any of the prohibited acts under R.A.
but the Commissioner of Immigration may order 4200 (Ramirez v. Ca)
the arrest of an alien in order to carry out a
1. The use of a telephone extension to overhear a
FINAL deportation order. private conversation is not a violation of R.A.
4200 because it is not similar to any of the
VALID WARRANTLESS ARRESTS prohibited devices under the law. Also, a
1. When the person to be arrested has committed, telephone extension is not purposely installed
is actually committing, or is about to commit an for the purpose of secretly intercepting or
offense in the presence of the arresting officer. recording private communication. (Gaanan v.
1. When an offense has in fact just been committed IAC, 145 SCRA 112)
and the arresting officer has personal knowledge
of facts indicating that the person to be arrested Types of communication protected:
has committed it.
1. When the person to be arrested is a prisoner who Letters, messages, telephone calls, telegrams and the
has escaped from a penal establishment or place like.
where he is serving final judgment or
temporarily confined while his case is pending, Exclusionary rule:
or has escaped while being transferred from one Any evidence obtained shall be inadmissible for any
confinement to another.
purpose in any proceeding. However, in the absence
1. Waiver of an invalid arrest:
of governmental interference, the protection against
When a person who is detained applies for bail, he is unreasonable search and seizure cannot be extended
deemed to have waived any irregularity which may to acts committed by private individuals. (People v.
have occurred in relation to his arrest. Martin)
Section 4. No law shall be passed abridging the
1. Hot pursuit freedom of speech, of expression, or of the press, or
of the right of the people peaceably to assemble and
A. The pursuit of the offender by the arresting officer petition the government for redress of grievances.
must be continuous from the time of the commission
of the offense to the time of the arrest. What are considered protected speech:

B. There must be no supervening event which breaks Protected speech includes every form of expression,
the continuity of the chase. whether oral, written, tape or disc recorded. It
includes motion pictures as well as what is known as
1. Stop and frisk
symbolic speech such as the wearing of an armband as
When a policeman observes suspicious activity which a symbol of protest. Peaceful picketing has also been
leads him to believe that a crime is about to be included within the meaning of speech.
committed, he can investigate the suspicious looking Prohibitions under Section 4
person and may frisk him for weapons as a measure of
1. Prohibition against PRIOR RESTRAINT
self-protection. Should he find, however, a weapon on
1. Prohibition against SUBSEQUENT PUNISHMENT
the suspect which is unlicensed, he can arrest such
person then and there for having committed an offense Prohibition against prior restraint
in the officer’s presence. 1. Prior restraint means official governmental
restrictions on the press or other forms of
Section 3. (1) The privacy of communication and expression in advance of actual publication or
correspondence shall be inviolable except upon dissemination.
lawful order of the court, or when public safety or 2. Examples/forms of prior restraint
order requires otherwise as prescribed by law. 1. movie censorship
 2. judicial prior restraint = injunction against Gas and Electric Corp. v. Public Service
publication Commission of NY, 447 US 557)
3. license taxes based on gross receipts for Unprotected Speech
the privilege of engaging in the business 1. LIBEL
of advertising in any newspaper 1. FAIR COMMENT (U.S. Rule). These are
4. flat license fees for the privilege of selling statements of OPINION, not of fact, and are not
religious books considered actionable, even if the words used
When prohibition does not apply are neither mild nor temperate. What is
important is that the opinion is the true and
1. During a war. Ex. Government can prevent
honest opinion of the person. The statements
publication about the number/locations of its
are not used to attack personalities but to give
troops (Near v. Minnesota, 238 US 697)
one’s opinion on decisions and actions.
2. Obscene publications.
1. OPINIONS. With respect to public personalities
Standards for allowable subsequent punishment (politicians, actors, anyone with a connection to
TEST CRITERION a newsworthy event), opinions can be aired
regarding their public actuations. Comment on
1. Dangerous Tendency Test their private lives, if not germane to their public
There should be a RATIONAL CONNECTION personae, are not protected.
between the speech and the evil apprehended.
2. Clear and Present Danger Test 2. OBSCENITY
There should be a clear and present danger 1. Test for obscenity (Miller v. California)
a. Whether the average person, applying
that the words when used under such
contemporary community standards would find
circumstances are of such a nature as to create
that the work, taken as a whole, appeals to the
a CLEAR AND PRESENT DANGER that they will
prurient interest.
bring about the substantive evils that the State b. Whether the work depicts or describes, in a
has a right to prevent. patently offensive way, sexual conduct,
3. Balancing of Interests Test specifically defined by law.
The courts should BALANCE the PUBLIC c. Whether the work, taken as a whole, lacks
INTEREST served by legislation on one hand and serious literary, artistic, political or scientific
the FREEDOM OF SPEECH (or any other value.
constitutional right) on the other. The courts
will then decide where the greater weight 2. Procedure for seizure of allegedly obscene
should be placed. publications
a. Authorities must apply for issuance of search
Freedom of Speech warrant.
The doctrine on freedom of speech was formulated b. Court must be convinced that the materials are
primarily for the protection of “core” speech, i.e. obscene. Apply clear and present danger test.
speech which communicates political, social or c. Judge will determine whether they are in fact
“obscene”.
religious ideas. These enjoy the same degree of
d. Judge will issue a search warrant.
protection. Commercial speech, however, does not.
e. Proper action should be filed under Art. 201 of
the RPC.
f. Conviction is subject to appeal.
Commercial Speech
1. A communication which no more than proposes a Right of Assembly and Petition
commercial transaction. 1. The standards for allowable impairment of
1. To enjoy protection: speech and press also apply to the right of
1. It must not be false or misleading; and assembly and petition.
2. It should not propose an illegal 1. Rules on assembly in public places:
transaction. 1. Applicant should inform the licensing authority
1. Even truthful and lawful commercial speech may of the date, the public place where and the time
be regulated if: when the assembly will take place.
1. Government has a substantial interest to 1. The application should be filed ahead of time to
protect; enable the public official concerned to appraise
2. The regulation directly advances that whether there are valid objections to the grant
interest; and of the permit or to its grant, but in another
3. It is not more extensive than is necessary public place. The grant or refusal should be
to protect that interest. (Central Hudson
 based on the application of the Clear and 1. It must have a secular legislative purpose;
Present Danger Test. 2. It must have a primary effect that neither
1. If the public authority is of the view that there is advances nor inhibits religion;
an imminent and grave danger of a substantive 3. It must not require excessive entanglement with
evil, the applicants must be heard on the recipient institutions.
matter.
1. The decision of the public authority, whether Section 6. The liberty of abode and of changing the
favorable or adverse, must be transmitted to the same within the limits prescribed by law shall not be
applicants at the earliest opportunity so that impaired except upon lawful order of the
they may, if they so desire, have recourse to the court. Neither shall the right to travel be impaired
proper judicial authority. except in the interest of national security, public
1. Rules on assembly in private properties: safety or public health, as may be provided by law.

Only the consent of the owner of the property or

person entitled to possession thereof is required. Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of
Section 5. No law shall be made respecting an
abode.
establishment of religion, or prohibiting the free 2. Freedom to travel within the country and
exercise thereof. The free exercise and enjoyment of outside.
religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
Curtailment of rights:
exercise of civil or political rights.
RIGHT MANNER OF CURTAILMENT

Clauses under Section 5 1. Liberty of abode Lawful order of

1. Non-establishment clause the court and within the limits prescribed by law.
2. Free exercise of Religion
2. Right to travel May be
Distinction between the clauses (School District v. curtailed even by administrative officers (ex. passport
Schempp, 374 US 203) officers) in the interest of national security, public
1. The non-establishment clause does not depend safety, or public health, as may be provided by law.
upon any showing of direct governmental
compulsion. It is violated by the enactment of Note: The right to travel and the liberty of abode are
laws which establish an official religion whether distinct from the right to return to one’s country, as
those laws operate directly to coerce non- shown by the fact that the Declaration of Human
observing individuals or not. The test of Rights and the Covenant on Human Rights have
compliance with the non-establishment clause separate guarantees for these. Hence, the right to
can be stated as follows: What are the purposes return to one’s country is not covered by the specific
and primary effect of the enactment? If either is right to travel and liberty of abode. (Marcos v.
the advancement or inhibition of religion, the Manglapus)
law violates the non-establishment
clause. Thus, in order for a law to comply with Section 7. The right of the people to information on
the non-establishment clause, two requisites matters of public concern shall be recognized.
must be met. First, it has a secular legislative
purpose. Second, its primary effect neither
advances nor inhibits religion. Rights guaranteed under Section 7
1. The free exercise of religion clause withdraws 1. Right to information on matters of public
from legislative power the exertion of any concern
restraint on the free exercise of religion. In 2. Right of access to official records and documents
order to show a violation of this clause, the
person affected must show the coercive effect of Persons entitled to the above rights
the legislation as it operates against him in the
practice of his religion. While the freedom to Only Filipino citizens.
believe (non-establishment) is absolute, the
moment such belief flows over into action, it Discretion of government
becomes subject to government regulation.
The government has discretion with respect to the
Requisites for government aid to be allowable: authority to determine what matters are of public
concern and the authority to determine the manner of eminent domain as a substitute to the enforcement of
access to them. the contract.

Recognized restrictions on the right of the people to Elements of the power of eminent domain
information:
1) There is a TAKING of private property
1. National security matters
2. Intelligence information
2) Taking is for PUBLIC USE
3. Trade secrets
4. Banking transactions
3) Payment of JUST COMPENSATION
5. Diplomatic correspondence
6. Executive sessions “TAKING”
7. Closed door cabinet meetings
8. Supreme Court deliberations
A. Elements: CODE: E P A P O
1. The expropriator enters the property
Section 8. The right of the people, including those 2. The entrance must not be for a momentary
employed in the public and private sectors, to form period, i.e., it must be permanent
unions, associations, or societies for purposes not 3. Entry is made under warrant or color of
contrary to law, shall not be abridged. legal authority
4. Property is devoted to public use
The right to form associations shall not be impaired 5. Utilization of the property must be in such a way
without due process of law and is thus an aspect of the as to oust the owner and deprive him of the
right of liberty. It is also an aspect of the freedom of beneficial enjoyment of his property.
contract. In addition, insofar as the associations may
have for their object the advancement of beliefs and B. Compensable taking does not need to involve all
ideas, the freedom of association is an aspect of the the property interests which form part of the right of
freedom of speech and expression, subject to the same ownership. When one or more of the property rights
limitation. are appropriated and applied to a public purpose,
there is already a compensable taking, even if bare
The right also covers the right not to join an title still remains with the owner.
association.
“PUBLIC USE”
Government employees have the right to form 1. Public use, for purposes of expropriation, is
unions. They also have the right to strike, unless there synonymous with public welfare as the latter
is a statutory ban on them. term is used in the concept of police power.
1. Examples of public use include land reform and
Section 9. Private property shall not be taken for socialized housing.
public use without just compensation.
Who can exercise the power of eminent domain: “JUST COMPENSATION”
1. Compensation is just if the owner receives a sum
1) The national government equivalent to the market value of his
property. Market value is generally defined as
1. Congress the fair value of the property as between one
2. Executive, pursuant to legislation enacted by who desires to purchase and one who desires to
Congress sell.
2. The point of reference use in determining fair
2) Local government units, pursuant to an value is the value at the time the property was
ordinance enacted by their respective legislative taken. Thus, future potential use of the land is
bodies (under LGC) not considered in computing just compensation.
Judicial review of the exercise of the power of
3) Public utilities, as may be delegated by law.
eminent domain
When is the exercise of the power of eminent domain 1. To determine the adequacy of the compensation
necessary? 2. To determine the necessity of the taking
3. To determine the “public use” character of the
It is only necessary when the owner does not want or taking. However, if the expropriation is
opposes the sale of his property. Thus, if a valid pursuant to a specific law passed by Congress,
contract exists between the government and the the courts cannot question the public use
owner, the government cannot exercise the power of character of the taking.
When municipal property is taken by the State: 2) When a person is otherwise deprived of his
freedom of action in any significant way.
Compensation is required if the property is a
patrimonial property, that is, property acquired by the 3) When the investigation is being conducted by the
municipality with its private funds in its corporate or government (police, DOJ, NBI) with respect to a
private capacity. However, if it is any other property criminal offense.
such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, 4) Signing of arrest reports and booking sheets.
the State is free to dispose of it at will.
When rights are not available:
Point of reference for valuating a piece of property:
1) During a police line-up. Exception: Once there
General rule: The value must be that as of the time of is a move among the investigators to elicit admissions
the filing of the complaint for expropriation. or confessions from the suspect.

Exception: When the filing of the case comes later 2) During administrative investigations.
than the time of taking and meanwhile the value of
3) Confessions made by an accused at the time he
the property has increased because of the use to which
voluntarily surrendered to the police or outside the
the expropriator has put it, the value is that of the
context of a formal investigation.
time of the earlier taking. BUT if the value increased
independently of what the expropriator did, then the 4) Statements made to a private person.
value is that of the latter filing of the case.
Exclusionary rule
Section 10. No law impairing the obligation of
contracts shall be passed. 1) Any confession or admission obtained in violation
When does a law impair the obligation of contracts: of this section shall be inadmissible in evidence against
him (the accused).
1) If it changes the terms and conditions of a legal
contract either as to the time or mode of performance 2) Therefore, any evidence obtained by virtue of an
illegally obtained confession is also inadmissible, being
2) If it imposes new conditions or dispenses with the fruit of a poisoned tree.
those expressed
Requisites of valid waiver:
3) If it authorizes for its satisfaction something
different from that provided in its terms. 1) Waiver should be made in WRITING

A mere change in PROCEDURAL REMEDIES which does 2) Waiver should be made in the PRESENCE OF
not change the substance of the contract, and which COUNSEL.
still leaves an efficacious remedy for enforcement
Section 13. Right to bail
does NOT impair the obligation of contracts.
Who are entitled to bail:
A valid exercise of police power is superior to
1) All persons ACTUALLY DETAINED
obligation of contracts.
2) shall, BEFORE CONVICTION
Section 12. Rights of person under investigation for
the commission of an offense.
3) Be entitled to bail.
Rights of person under investigation for the
Commission of an offense CODE: SCISI Who are not entitled to bail:
1) Right to remain silent
2) Right to have competent and independent 1) Persons charged with offenses PUNISHABLE by
counsel, preferably of his own choice RECLUSION PERPETUA or DEATH, when evidence of
3) Right to provided with the services of counsel if guilt is strong
he cannot afford the services of one.
4) Right to be informed of these rights. 2) Persons CONVICTED by the trial court. Bail is
only discretionary pending appeal.
When rights are available:
3) Persons who are members of the AFP facing a
1) AFTER a person has been taken into custody or court martial.
Other rights in relation to bail. stringent requirements of the rules of criminal
procedure.
1) The right to bail shall NOT be impaired even
when the privilege of the writ of habeas corpus is “PRESUMPTION OF INNOCENCE”
suspended.
The Constitution does not prohibit the legislature from
2) Excessive bail shall not be required. providing that proof of certain facts leads to a prima
facie presumption of guilt, provided that the facts
Factors considered in setting the amount of bail: proved have a reasonable connection to the ultimate
fact presumed.
1) Ability to post bail
Presumption of guilt should not be conclusive.
2) Nature of the offense

3) Penalty imposed by law

“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”
4) Character and reputation of the accused
The right to be heard includes the following rights:
1. Right to be present at the trial
5) Health of the accused
1. The right to be present covers the period from
6) Strength of the evidence ARRAIGNMENT to PROMULGATION of sentence.
1. After arraignment, trial may proceed
7) Probability of appearing at the trial notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
8) Forfeiture of previous bail bonds allowed only if the accused has been validly
arraigned.
9) Whether accused was a fugitive from justice
when arrested (i) Accused has been duly notified; and

10) If accused is under bond in other cases (ii) His failure to appear is unjustifiable.

Implicit limitations on the right to bail: 1. The accused may waive the right to be present
1. The person claiming the right must be in actual at the trial by not showing up. However, the
detention or custody of the law. court can still compel the attendance of the
2. The constitutional right is available only in accused if necessary for identification purposes.
criminal cases, not, e.g. in deportation Exception: If the accused, after arraignment, has
proceedings. stipulated that he is indeed the person charged
Note: with the offense and named in the information,
1. Right to bail is not available in the military. and that any time a witness refers to a name by
2. Apart from bail, a person may attain provisional which he is known, the witness is to be
liberty through recognizance. understood as referring to him.
1. While the accused is entitled to be present
during promulgation of judgement, the absence
Section 14. Rights of an accused
of his counsel during such promulgation does not
Rights of a person charged with a criminal offense
affect its validity.
1. Right to due process of law
2. Right to counsel
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
(a) Right to counsel means the right to EFFECTIVE
4. Right to be informed of the nature and cause of
REPRESENTATION.
the accusation against him
5. Right to have a speedy, impartial and public trial
(b) If the accused appears at arraignment without
6. Right to meet the witnesses face to face
counsel, the judge must:
7. Right to have compulsory process to secure the
attendance of witnesses and the production of
(i) Inform the accused that he has a right to a
evidence in his behalf
counsel before arraignment

“DUE PROCESS” (ii) Ask the accused if he desires the aid of counsel

This means that the accused can only be convicted by (iii) If the accused desires counsel, but cannot afford
a tribunal which is required to comply with the one, a counsel de oficio must be appointed
(iv) If the accused desires to obtain his own counsel, He can move for the dismissal of the case.
the court must give him a reasonable time to get one.
If he is detained, he can file a petition for the issuance
3. Right to an impartial judge of writ of habeas corpus.

4. Right of confrontation and cross-examination Definition of impartial trial

5. Right to compulsory process to secure the The accused is entitled to the “cold neutrality of an
attendance of witnesses impartial judge”.

“RIGHT TO BE INFORMED OF THE NATURE AND It is an element of due process.

CAUSE OF ACCUSATION AGAINST HIM”
Purposes of the right: Definition of public trial

1) To furnish the accused with a description of the The attendance at the trial is open to all irrespective
charge against him as will enable him to make his of their relationship to the accused. However, if the
defenses evidence to be adduced is “offensive to decency or
public morals”, the public may be excluded.
2) To avail himself of his conviction or acquittal
against a further prosecution for the same cause The right of the accused to a public trial is not violated
if the hearings are conducted on Saturdays, either with
3) To inform the court of the facts alleged. the consent of the accused or if failed to object
thereto.
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 “RIGHT TO MEET WITNESS FACE TO FACE”
evidence during the trial with respect to such Purposes of the right:
elements. 1. To afford the accused an opportunity to cross-
examine the witness
The real nature of the crime charged is determined 2. To allow the judge the opportunity to observe
from the recital of facts in the information. It is not the deportment of the witness
determined based on the caption or preamble thereof Failure of the accused to cross-examine a witness
nor from the specification of the provision of law
allegedly violated 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
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL” the prosecution, the testimony of the witness should
Factors used in determining whether the right to a be excluded.
speedy trial has been violated.
When the right to cross-examine is demandable
1) Time expired from the filing of the information
It is demandable only during trials. Thus, it cannot be
2) Length of delay involved availed of during preliminary investigations.

3) Reasons for the delay Principal exceptions to the right of confrontation

1. The admissibility of “dying declarations”
4) Assertion or non-assertion of the right by the 2. Trial in absentia under Section 14(2)
accused 3. With respect to child testimony

5) Prejudice caused to the defendant. Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
Effect of dismissal based on the ground of violation
judicial, or administrative bodies.
of the accused’s right to speedy trial
Distinction between Section 14 and Section 16
If the dismissal is valid, it amounts to an acquittal and
can be used as basis to claim double jeopardy. This While the rights of an accused only apply to the trial
would be the effect even if the dismissal was made phase of criminal cases, the right to a speedy
with the consent of the accused disposition of cases covers ALL phases of JUDICIAL,
QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Remedy of the accused if his right to speedy trial has
been violated
Section 17. No person shall be compelled to be a 1. Punishment for a crime for which the party has
witness against himself. been duly convicted
2. Personal military or civil service in the interest
When is a question incriminating: of national defense
3. Return to work order issued by the DOLE
A question tends to incriminate when the answer of Secretary or the President
the accused or the witness would establish a fact
which would be a necessary link in a chain of evidence Section 19. Prohibition against cruel, degrading and
to prove the commission of a crime by the accused or inhuman punishment
the witness. When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves
Distinction between an accused and an ordinary torture or lingering suffering. Ex. Being drawn
witness and quartered.
1. An accused can refuse to take the witness stand 2. A penalty is degrading if it exposes a person to
by invoking the right against self-incrimination. public humiliation. Ex. Being tarred and
2. An ordinary witness cannot refuse to take the feathered, then paraded throughout town.
stand. He can only refuse to answer specific
questions which would incriminate him in the Standards used:
commission of an offense. 1. The punishment must not be so severe as to be
Scope of right degrading to the dignity of human beings.
1. What is PROHIBITED is the use of physical or 2. It must not be applied arbitrarily.
moral compulsion to extort communication from 3. It must not be unacceptable to contemporary
the witness or to otherwise elicit evidence which society
would not exist were it not for the actions 4. It must not be excessive, i.e. it must serve a
compelled from the witness. penal purpose more effectively than a less
2. The right does NOT PROHIBIT the severe punishment would.
examination of the body of the accused or the Excessive fine
use of findings with respect to his body as
physical evidence. Hence, the fingerprinting of A fine is excessive, when under any circumstance, it is
an accused would not violate the right against disproportionate to the offense.
self-incrimination. However, obtaining a sample
of the handwriting of the accused would violate Note: Fr. Bernas says that the accused cannot be
this right if he is charged for falsification. convicted of the crime to which the punishment is
3. The accused cannot be compelled to produce a attached if the court finds that the punishment is
private document in his possession which might cruel, degrading or inhuman.
tend to incriminate him. However, a third
person in custody of the document may be Reason: Without a valid penalty, the law is not a
compelled to produce it. penal law.
When the right can be invoked:
1. In criminal cases Section 20. No person shall be imprisoned for debt or
2. In administrative proceedings if the accused is non-payment of a poll tax.
liable to a penalty (Ex. Forfeiture of property)
Who can invoke the right: Definition of debt under Section 20

Only natural persons. Judicial persons are subject to 1) Debt refers to a CONTRACTUAL obligation,
the visitorial powers of the state in order to determine whether express or implied, resulting in any liability to
compliance with the conditions of the charter granted pay money. Thus, all other types of obligations are
to them. not within the scope of this prohibition.

Section 18. Right against involuntary servitude 2) Thus, if an accused fails to pay the fine imposed
upon him, this may result in his subsidiary
Definition of involuntary servitude imprisonment because his liability is ex delicto and not
ex contractu.
It is every condition of enforced or compulsory service
of one to another no matter under what form such 3) A FRAUDULENT debt may result in the
servitude may be disguised. imprisonment of the debtor if:

Exceptions: 1. The fraudulent debt constitutes a crime such as

estafa and
 2. The accused has been duly convicted. 1) Dismissal based on violation of the right to a
speedy trial. This amounts to an acquittal.
Section 21. No person shall be twice put in jeopardy
of punishment for the same offense. If an act 2) Dismissal based on a demurrer to
punished by a law and an ordinance, conviction or evidence. This is a dismissal on the merits.
acquittal under either shall constitute a bar to another
prosecution for the same act. 3) Dismissal on motion of the prosecution,
subsequent to a motion for reinvestigation filed by the
Requisites for a valid defense of double accused.
jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the 4) Discharge of an accused to be a state
second. witness. This amounts to an acquittal.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same When can the PROSECUTION appeal from an order
offense as that in the first. of dismissal:

1) If dismissal is on motion of the

When does jeopardy ATTACH: (1st requisite)
accused. Exception: If motion is based on violation of
CODE: CICAV
the right to a speedy trial or on a demurrer to
evidence.
1) A person is charged

2) Under a complaint or information sufficient in 2) If dismissal does NOT amount to an acquittal or

form and substance to sustain a conviction dismissal on the merits

3) Before a court of competent jurisdiction 3) If the question to be passed upon is purely legal.

4) After the person is arraigned 4) If the dismissal violates the right of due process
of the prosecution.
5) Such person enters a valid plea.
5) If the dismissal was made with grave abuse of
When does jeopardy NOT attach: discretion.

1) If information does not charge any offense What are considered to be the “SAME
OFFENSE”: (under the 1st sentence of Section 21)
2) If, upon pleading guilty, the accused presents
evidence of complete self-defense, and the court 1) Exact identity between the offenses charged in
thereafter acquits him without entering a new plea of the first and second cases.
not guilty for accused.
2) One offense is an attempt to commit or a
3) If the information for an offense cognizable by frustration of the other offense.
the RTC is filed with the MTC.
3) One offense is necessarily included or necessary
4) If a complaint filed for preliminary investigation includes the other.
is dismissed.
Note: where a single act results in the violation of
When does first jeopardy different laws or different provisions of the same law,
TERMINATE: (2ND REQUISITE) the prosecution for one will not bar the other so long
as none of the exceptions apply.
1) Acquittal Definition of double jeopardy (2nd sentence of Sec.
21)
2) Conviction
Double jeopardy will result if the act punishable under
3) Dismissal W/O the EXPRESS consent of the
the law and the ordinance are the same. For there to
accused
be double jeopardy, it is not necessary that the
offense be the same.
4) Dismissal on the merits.
SUPERVENING FACTS
Examples of termination of jeopardy:
1) Under the Rules of Court, a conviction for an Note: The prohibition on ex post facto laws only
offense will not bar a prosecution for an offense which applies to retrospective PENAL laws.
necessarily includes the offense charged in the former Definition of BILL OF ATTAINDER
information where:
1) A bill of attainder is a LEGISLATIVE act which
1. The graver offense developed due to a inflicts punishment W/O JUDICIAL trial.
supervening fact arising from the same act or
omission constituting the former charge. 2) The bill of attainder does not need to be
2. The facts constituting the graver offense became directed at a specifically named person. It may also
known or were discovered only after the filing of refer to easily ascertainable members of a group in
the former information. such a way as to inflict punishment on them without
3. The plea of guilty to the lesser offense was made judicial trial.
without the consent of the fiscal and the
offended party. 3) Elements of the bill of attainder

2) Under (1)(b), if the facts could have been 1. There must be a LAW.
discovered by the prosecution but were not discovered 2. The law imposes a PENAL burden on a NAMED
because of the prosecution’s incompetence, it would INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of
not be considered a supervening event. a GROUP.
3. The penal burden is imposed DIRECTLY by the
Effect of appeal by the accused: LAW W/O JUDICIAL trial.

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.