ARTICLE III BILL OF RIGHTS

2.

Jurisdiction must be lawfully acquired over the

Section 1. No person shall be deprived of life, liberty or

person of the defendant or over the property

property without due process of law, nor shall any

which is the subject of the proceedings.

person be denied the equal protection of the laws.

3.

The defendant must be given notice and

an opportunity to be heard.

4.

Judgment must be rendered upon a

lawful hearing.

Definition of Police Power:

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

1.

1)

Power vested in the legislature

2)

By the Constitution

2.

3)

To make, ordain, and establish

3.

4)

All manner of wholesome and reasonable laws,

The right to a hearing, which includes the right to

present ones case and submit evidence in support
thereof.
The tribunal must consider the evidence
presented.
itself.

4.

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

5.

the record and disclosed to the parties affected.

6.

law and facts of the controversy, and not simply

accept the views of a subordinate in arriving at a
decision.
7.

that the parties to the proceeding can know the

various issues involved and the reasons for the

Substantive due process prohibition against

decision rendered.

arbitrary laws.
1.

A law which hears before it condemns.

2.

Due process of law contemplates notice and

opportunity to be heard before judgment is

Note:
1.

3.

2.

Violation of due process: when same person

reviews his own decision on appeal.

4.

Notice and hearing are required in judicial and

quasi-judicial proceedings, but not in the

situation.

promulgation of general rule.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H

The requirement of due process can be satisfied

by subsequent due hearing.

3.

Due process depends on circumstances; it varies

with the subject matter and the necessities of the

What is required is not actual hearing, but a real

opportunity to be heard.

rendered affecting ones person or property

(Lopez v. Dir. of Lands)

The board or body should, in all controversial

questions, render its decision in such a manner

follow in the enforcement and application of laws.

Note: PROCEDURAL DUE PROCESS:

The tribunal or body or any of its judges must act

on its or his own independent consideration of the

procedure which government agencies must

2.

The decision must be based on the evidence

presented at the hearing or at least contained in

Aspects of Due Process:

Procedural due process refers to the mode of

Evidence supporting the conclusion must

be substantial.

the commonwealth and of the subjects of the same.

1.

The decision must have something to support

For SCHOOL DISCIPLINARY proceedings: CODE: W A In A

DP

1.

A court or tribunal clothed with judicial power to

hear and determine the matter before it.

1.

The student must be informed in writing of the

nature and cause of any accusation against them.

2.

Note:
1.

The student shall have the right to answer the

substantive due process and has to be observed

charges against him, with the assistance of

counsel if desired.
3.
4.

even in administrative and quasi-judicial bodies.

2.

may be exercised only in the manner in

evidence against him.

accordance with law.

The student has the right to adduce evidence in

Requisites of SUBSTANTIVE due process: CODE: I M

1.

The evidence must be duly considered by the

the school authorities to hear and decide the case.

requires the interference by the government and

2.

The MEANS employed are necessary for the

The penalty imposed must be proportionate to

accomplishment of the purpose and not unduly

the offense.

oppressive upon individuals.

Note:
1.

The INTERESTS of the public generally, as

distinguished from those of a particular class,

investigating committee or official designated by

6.

The right to appeal is a statutory privilege that

The student has the right to be informed of the

his own behalf.

5.

The right to counsel is a very basic requirement of

Requirements of a valid ordinance:

The school has a contractual obligation to afford

1.

its students a fair opportunity to complete the

Must not contravene the Constitution or any

statute

course a student has enrolled for.

2.

Must not be unfair or oppressive

2.

Exceptions:

3.

Must not be partial or discriminatory

3.

Serious breach of discipline; or

4.

Must not prohibit, but may regulate trade

4.

Failure to maintain the required academic

5.

Must be general and consistent with public policy

standard.

6.

Must not be unreasonable

5.

Proceedings in student disciplinary cases may be

summary; cross-examination is not essential

Instances when hearings are NOT necessary:

1.

When administrative agencies are exercising

their quasi-legislative functions.

2.

Abatement of nuisance per se.

3.

Granting by courts of provisional remedies.

4.

Cases of preventive suspension.

5.

Removal of temporary employees in the

government service.

6.
7.

Issuance of warrants of distraint and/or levy by the

When it lacks COMPREHENSIBLE STANDARDS

2.

That men of ordinary intelligence must necessarily

GUESS as to its meaning

3.

And differ as to its application

Equal Protection of the law

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

Cancellation of the passport of a person charged

both as to privileges conferred and liabilities enforced.

Issuance of sequestration orders (considered a

provisional remedy).

9.

1.

BIR Commissioner.
with a crime.
8.

When is a law VAGUE?

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.

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

Note: Probable cause for the issuance of a search warrant

persons, houses, papers, and effects against unreasonable

does NOT require that the probable guilt of a specific

searches and seizures of whatever nature and for any

offender be established, unlike in the case of a warrant of

purpose shall be inviolable, and no search warrant or

arrest.

warrant of arrest shall issue except upon probable cause

to be determined personally by the judge after

Existence of probable cause DETERMINED PERSONALLY

BY THE JUDGE

examination under oath or affirmation of the complainant

The judge is NOT required to personally examine the

and the witnesses he may produce, and particularly

complainant and his witnesses. What the Constitution

describing the place to be searched and the person or

underscores is the exclusive and personal responsibility of

things to be seized.

the issuing judge to satisfy himself of the existence of

probable cause (Soliven v. Makasiar, 167 SCRA 394).

General Rule: Search and seizures are unreasonable unless

authorized by a validly issued search warrant or warrant of

To be sure, the Judge must go beyond the prosecutors

arrest

certification and investigation report whenever necessary

(Lim v. Felix).

Requisites for a valid

warrant:

CODE:

P J E D

Procedure:

1.

It must be issued upon PROBABLE CAUSE.

2.

The existence of probable cause is determined

supporting documents submitted by the fiscal

personally by the JUDGE.

regarding the existence of probable cause and, on

3.

The judge must EXAMINE UNDER OATH the

complainant and the witnesses he may produce.

4.

1.

The judge personally evaluates the report and

the basis thereof, issue a warrant of arrest or

2.

If on the basis thereof, the judge finds no probable

The warrant must PARTICULARLY DESCRIBE the

cause, he may disregard the fiscals report and

place to be searched and person or things to be

require the submission of supporting affidavits of

seized.

witnesses to aid him in arriving at the conclusion

as to the existence of probable cause.

Definition of PROBABLE CAUSE

For the issuance of a warrant of arrest:

Examination UNDER OATH OR AFFIRMATION OF THE

COMPLAINANT AND WITNESSES

Probable cause refers to such facts and circumstances

1.

facts within the personal knowledge of the

which would lead a reasonably discreet and prudent man

complainant or his witnesses because the purpose

to believe that an offense has been committed by the

is to convince the judge of the existence of

person sought to be arrested.

For the issuance of a search warrant:

The oath required must refer to the truth of the

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

Probable cause would mean such facts and circumstances

perjury could be charged thereon and affiant be

which would lead a reasonably discreet and prudent man

held liable for the damages caused (Alvarez v. CFI).

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.

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.

3.

When the description expresses a conclusion of

1.

duties/authorized under the Tariffs and Customs

may be guided in making the search and seizure or

Code

When the things described are limited to those

1.

having police authority under the Code to effect

which the warrant is being issued (Bache and Co.

search and seizures without a search warrant to

v. Ruiz, 37 SCRA 823).

enforce customs laws.

2.

particularity of description if it contains a descriptio

3.

areas do not require the existence of probable

accused (People v. Veloso, 48 Phil. 159)

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

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.

1.

Waiver of right

1.

Requisites of a valid waiver:

1.

The right exists.

2.

The person had actual or constructive knowledge

of the existence of such right.

3.

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

being searched can waive the same.

2.
3.

This exception is based on exigency. Thus, if there

Note:
1.

The search of a moving vehicle must be based on

probable cause.

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

is time to obtain a warrant in order to search the

vehicle, a warrant must first be obtained.

The search made pursuant to the waiver must be

made within the scope of the waiver.

the reach of the person arrested

1.

Waiver requires a positive act from the person.

Mere absence of opposition is not a waiver.

arrest and it may only be made in the area within

Search of moving vehicles

The right against unreasonable searches and

seizures is a personal right. Thus, only the person

The search must be made simultaneously with the

1.

There is an actual intention to relinquish such

right.

1.

person which was used in the commission

of the offense or

Searches under this exception include searches at

borders and ports of entry. Searches in these

personae such as will enable the officer to identify the

GENERAL WARRANT

Exception: A search warrant is required for the

search of a dwelling house.

A John Doe warrant can satisfy the requirement of

2.

The Tariffs and Customs Code authorizes persons

which bear a direct relation to the offensefor

JOHN DOE WARRANT

1.

Seizure of goods concealed to avoid customs

fact not of law by which the warrant officer

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

order of the court, or when public safety or order

deportation order.

requires otherwise as prescribed by law.

VALID WARRANTLESS ARRESTS

1.

(2) Any evidence obtained in violation of this or the

When the person to be arrested has committed, is

preceding section shall be inadmissible for any purpose in

actually committing, or is about to commit an

any proceedings.

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

R.A. 4200 (Anti-Wiretapping Act)

1.

the private communication or a third

has committed it.

1.

person. Hence, both a party and a third person

When the person to be arrested is a prisoner who

could be held liable under R.A. 4200 if they

has escaped from a penal establishment or place

commit any of the prohibited acts under R.A. 4200

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.

The law does not distinguish between a party to

(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)

Types of communication protected:

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

1.

Stop and frisk

acts committed by private individuals. (People v. Martin)

Section 4. No law shall be passed abridging the freedom

When a policeman observes suspicious activity which leads

of speech, of expression, or of the press, or of the right of

him to believe that a crime is about to be committed, he

the people peaceably to assemble and petition the

can investigate the suspicious looking person and may frisk

government for redress of grievances.

him for weapons as a measure of self-protection. Should

he find, however, a weapon on the suspect which is

What are considered protected speech:

unlicensed, he can arrest such person then and there for

having committed an offense in the officers presence.

Protected speech includes every form of expression,

whether oral, written, tape or disc recorded. It includes

Section 3. (1) The privacy of communication and

motion pictures as well as what is known as symbolic

correspondence shall be inviolable except upon lawful

speech such as the wearing of an armband as a symbol of

protest. Peaceful picketing has also been included within

will then decide where the greater weight should be

the meaning of speech.

placed.

Prohibitions under Section 4

Freedom of Speech

1.

Prohibition against PRIOR RESTRAINT

The doctrine on freedom of speech was formulated

1.

Prohibition against SUBSEQUENT PUNISHMENT

primarily for the protection of core speech, i.e. speech

Prohibition against prior restraint

1.

which communicates political, social or religious

Prior restraint means official governmental

ideas. These enjoy the same degree of

restrictions on the press or other forms of

protection. Commercial speech, however, does not.

expression in advance of actual publication or

dissemination.
2.

Examples/forms of prior restraint

Commercial Speech

1.

movie censorship

2.

judicial prior restraint = injunction against

1.

commercial transaction.

publication
3.

4.

license taxes based on gross receipts for

1.

To enjoy protection:

the privilege of engaging in the business

1.

It must not be false or misleading; and

of advertising in any newspaper

2.

It should not propose an illegal

transaction.

flat license fees for the privilege of selling

1.

religious books

Even truthful and lawful commercial speech may

be regulated if:

When prohibition does not apply

1.

A communication which no more than proposes a

1.

During a war. Ex. Government can prevent

protect;

publication about the number/locations of its

2.

troops (Near v. Minnesota, 238 US 697)

2.

The regulation directly advances that

interest; and

Obscene publications.

3.

Standards for allowable subsequent punishment

TEST

Government has a substantial interest to

It is not more extensive than is necessary

to protect that interest. (Central Hudson
Gas and Electric Corp. v. Public Service

CRITERION

Commission of NY, 447 US 557)

1. Dangerous Tendency Test

There should be

Unprotected Speech

a RATIONAL CONNECTION between the speech and the

1.

1.

LIBEL

evil apprehended.

1.

FAIR COMMENT (U.S. Rule). These are statements

of OPINION, not of fact, and are not considered

2. Clear and Present Danger Test

actionable, even if the words used are neither

There should

be a clear and present danger that the words when used

mild nor temperate. What is important is that the

under such circumstances are of such a nature as to create

opinion is the true and honest opinion of the

person. The statements are not used to attack

a CLEAR AND PRESENT DANGER that they will bring about

personalities but to give ones opinion on

the substantive evils that the State has a right to prevent.

3. Balancing of Interests Test

The courts

should BALANCE the PUBLIC INTEREST served by

legislation on one hand and the FREEDOM OF SPEECH (or
any other constitutional right) on the other. The courts

decisions and actions.

1.

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

applicants at the earliest opportunity so that they

personae, are not protected.

may, if they so desire, have recourse to the proper

1.

2.

judicial authority.

1.

Test for obscenity (Miller v. California)

1.

Whether the average person, applying

OBSCENITY
1.

Rules on assembly in private properties:

contemporary community standards would find

Only the consent of the owner of the property or person

that the work, taken as a whole, appeals to the

entitled to possession thereof is required.

prurient interest.
2.

3.
2.

Whether the work depicts or describes, in a

Section 5. No law shall be made respecting an

patently offensive way, sexual conduct, specifically

establishment of religion, or prohibiting the free exercise

defined by law.

thereof. The free exercise and enjoyment of religious

Whether the work, taken as a whole, lacks serious

profession and worship, without discrimination or

literary, artistic, political or scientific value.

preference, shall forever be allowed. No religious test

Procedure for seizure of allegedly obscene

shall be required for the exercise of civil or political rights.

publications
1.

Authorities must apply for issuance of search

warrant.

2.
3.

Clauses under Section 5

Court must be convinced that the materials are

1.

Non-establishment clause

obscene. Apply clear and present danger test.

2.

Free exercise of Religion

Judge will determine whether they are in fact

obscene.

4.

Judge will issue a search warrant.

5.

Proper action should be filed under Art. 201 of the

Distinction between the clauses (School District v.

Schempp, 374 US 203)
1.

upon any showing of direct governmental

RPC.
6.

compulsion. It is violated by the enactment of

Conviction is subject to appeal.

laws which establish an official religion whether

Right of Assembly and Petition

1.

The non-establishment clause does not depend

those laws operate directly to coerce non-

The standards for allowable impairment of speech

observing individuals or not. The test of

and press also apply to the right of assembly and

compliance with the non-establishment clause can

petition.

be stated as follows: What are the purposes and

1.

Rules on assembly in public places:

primary effect of the enactment? If either is the

1.

Applicant should inform the licensing authority of

advancement or inhibition of religion, the law

the date, the public place where and the time

violates the non-establishment clause. Thus, in

when the assembly will take place.

order for a law to comply with the non-

The application should be filed ahead of time to

establishment clause, two requisites must be

enable the public official concerned to appraise

met. First, it has a secular legislative

whether there are valid objections to the grant of

purpose. Second, its primary effect neither

1.

the permit or to its grant, but in another public

place. The grant or refusal should be based on the
1.

1.

advances nor inhibits religion.

1.

The free exercise of religion clause withdraws

application of the Clear and Present Danger Test.

from legislative power the exertion of any

If the public authority is of the view that there is

restraint on the free exercise of religion. In order

an imminent and grave danger of a substantive

to show a violation of this clause, the person

evil, the applicants must be heard on the matter.

affected must show the coercive effect of the

The decision of the public authority, whether

legislation as it operates against him in the

favorable or adverse, must be transmitted to the

practice of his religion. While the freedom to

covered by the specific right to travel and liberty of

believe (non-establishment) is absolute, the

abode. (Marcos v. Manglapus)

moment such belief flows over into action, it

becomes subject to government regulation.
Requisites for government aid to be allowable:
1.

It must have a secular legislative purpose;

2.

It must have a primary effect that neither

advances nor inhibits religion;

3.

Section 7. The right of the people to information on

matters of public concern shall be recognized.

Rights guaranteed under Section 7

It must not require excessive entanglement with

1.

Right to information on matters of public concern

recipient institutions.

2.

Right of access to official records and documents

Persons entitled to the above rights

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

Only Filipino citizens.

Discretion of government

national security, public safety or public health, as may be

The government has discretion with respect to the

provided by law.

authority to determine what matters are of public concern

and the authority to determine the manner of access to
them.

Rights guaranteed under Section 6:

1.

Freedom to choose and change ones place of

abode.

2.

Freedom to travel within the country and outside.

Curtailment of rights:
RIGHT

MANNER

OF CURTAILMENT
1. Liberty of abode

Lawful order of the

court and within the limits prescribed by law.

Recognized restrictions on the right of the people to

information:
1.

National security matters

2.

Intelligence information

3.

Trade secrets

4.

Banking transactions

5.

Diplomatic correspondence

6.

Executive sessions

7.

Closed door cabinet meetings

8.

Supreme Court deliberations

Section 8. The right of the people, including those

employed in the public and private sectors, to form

2. Right to travel

May be curtailed even

by administrative officers (ex. passport officers) in the

unions, associations, or societies for purposes not

contrary to law, shall not be abridged.

interest of national security, public safety, or public health,

as may be provided by law.

The right to form associations shall not be impaired

without due process of law and is thus an aspect of the

Note: The right to travel and the liberty of abode are

right of liberty. It is also an aspect of the freedom of

distinct from the right to return to ones country, as shown

contract. In addition, insofar as the associations may have

by the fact that the Declaration of Human Rights and the

for their object the advancement of beliefs and ideas, the

Covenant on Human Rights have separate guarantees for

freedom of association is an aspect of the freedom of

these. Hence, the right to return to ones country is not

speech and expression, subject to the same limitation.

The right also covers the right not to join an association.

3.

Entry is made under warrant or color of

legal authority

Government employees have the right to form

4.

Property is devoted to public use

unions. They also have the right to strike, unless there is a

5.

Utilization of the property must be in such a way

as to oust the owner and deprive him of the

statutory ban on them.

beneficial enjoyment of his property.

Section 9. Private property shall not be taken for public
use without just compensation.

B. Compensable taking does not need to involve all the

Who can exercise the power of eminent domain:

property interests which form part of the right of

ownership. When one or more of the property rights are

1)

The national government

appropriated and applied to a public purpose, there is

already a compensable taking, even if bare title still

1.

Congress

2.

Executive, pursuant to legislation enacted by

Congress

2)

Local government units, pursuant to an ordinance

remains with the owner.

PUBLIC USE
1.

synonymous with public welfare as the latter term

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?

Public use, for purposes of expropriation, is

is used in the concept of police power.

1.

Examples of public use include land reform and

socialized housing.

JUST COMPENSATION
1.

It is only necessary when the owner does not want or

Compensation is just if the owner receives a sum

equivalent to the market value of his

opposes the sale of his property. Thus, if a valid contract

property. Market value is generally defined as the

exists between the government and the owner, the

fair value of the property as between one who

government cannot exercise the power of eminent domain

desires to purchase and one who desires to sell.

as a substitute to the enforcement of the contract.

2.

value is the value at the time the property was

Elements of the power of eminent domain

1)

The point of reference use in determining fair

taken. Thus, future potential use of the land is not
considered in computing just compensation.

There is a TAKING of private property

Judicial review of the exercise of the power of eminent

2)

Taking is for PUBLIC USE

3)

Payment of JUST COMPENSATION

TAKING

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

A. Elements: CODE: E P A P O
1.

The expropriator enters the property

2.

The entrance must not be for a momentary

cannot question the public use character of the

taking.
When municipal property is taken by the State:

period, i.e., it must be permanent

Compensation is required if the property is a patrimonial

Section 12. Rights of person under investigation for the

property, that is, property acquired by the municipality

commission of an offense.

with its private funds in its corporate or private

Rights of person under investigation for the Commission

capacity. However, if it is any other property such a public

of an offense CODE: SCISI

buildings or legua comunal held by the municipality for the

1)

Right to remain silent

State in trust for the inhabitants, the State is free to

2)

Right to have competent and independent counsel,

dispose of it at will.

preferably of his own choice

3)

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.

Right to provided with the services of counsel if he

cannot afford the services of one.

4)

Right to be informed of these rights.

When rights are available:

1)

AFTER a person has been taken into custody or

the time of taking and meanwhile the value of the

2)

When a person is otherwise deprived of his freedom

property has increased because of the use to which the

of action in any significant way.

Exception: When the filing of the case comes later than

expropriator has put it, the value is that of the time of the
earlier taking. BUT if the value increased independently of

3)

When the investigation is being conducted by the

what the expropriator did, then the value is that of the

government (police, DOJ, NBI) with respect to a criminal

latter filing of the case.

offense.

Section 10. No law impairing the obligation of contracts

4)

Signing of arrest reports and booking sheets.

shall be passed.
When does a law impair the obligation of contracts:

When rights are not available:

1)

1)

If it changes the terms and conditions of a legal

contract either as to the time or mode of performance

During a police line-up. Exception: Once there is a

move among the investigators to elicit admissions or

confessions from the suspect.

2)

If it imposes new conditions or dispenses with those

expressed

2)

During administrative investigations.

3)

3)

Confessions made by an accused at the time he

If it authorizes for its satisfaction something different

from that provided in its terms.

voluntarily surrendered to the police or outside the

context of a formal investigation.

A mere change in PROCEDURAL REMEDIES which does not

change the substance of the contract, and which still

4)

Statements made to a private person.

leaves an efficacious remedy for enforcement does NOT

Exclusionary rule

impair the obligation of contracts.

1)

Any confession or admission obtained in violation of

A valid exercise of police power is superior to obligation of

this section shall be inadmissible in evidence against him

contracts.

(the accused).

10

2)

Therefore, any evidence obtained by virtue of an

3)

Penalty imposed by law

fruit of a poisoned tree.

4)

Character and reputation of the accused

Requisites of valid waiver:

5)

Health of the accused

1)

Waiver should be made in WRITING

6)

Strength of the evidence

2)

Waiver should be made in the PRESENCE OF

7)

Probability of appearing at the trial

8)

Forfeiture of previous bail bonds

9)

Whether accused was a fugitive from justice when

illegally obtained confession is also inadmissible, being the

COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1)

All persons ACTUALLY DETAINED

2)

shall, BEFORE CONVICTION

3)

Be entitled to bail.

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.

Who are not entitled to bail:

2.

The constitutional right is available only in criminal

cases, not, e.g. in deportation proceedings.

1)

Persons charged with offenses PUNISHABLE by

Note:

RECLUSION PERPETUA or DEATH, when evidence of guilt is

1.

Right to bail is not available in the military.

strong

2.

Apart from bail, a person may attain provisional

liberty through recognizance.

2)

Persons CONVICTED by the trial court. Bail is only

discretionary pending appeal.

3)

Persons who are members of the AFP facing a court

martial.

Section 14. Rights of an accused

Rights of a person charged with a criminal offense
1.

Right to due process of law

2.

Right to be presumed innocent

3.

Right to be heard by himself and counsel

4.

Right to be informed of the nature and cause of

Other rights in relation to bail.

the accusation against him

5.

Right to have a speedy, impartial and public trial

The right to bail shall NOT be impaired even when

6.

Right to meet the witnesses face to face

the privilege of the writ of habeas corpus is suspended.

7.

Right to have compulsory process to secure the

1)

attendance of witnesses and the production of

2)

Excessive bail shall not be required.

Factors considered in setting the amount of bail:

1)

Ability to post bail

2)

Nature of the offense

evidence in his behalf

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.

11

PRESUMPTION OF INNOCENCE

(b) If the accused appears at arraignment without

counsel, the judge must:

The Constitution does not prohibit the legislature from

providing that proof of certain facts leads to a prima facie

(i)

Inform the accused that he has a right to a counsel

presumption of guilt, provided that the facts proved have

before arraignment

a reasonable connection to the ultimate fact presumed.

(ii) Ask the accused if he desires the aid of counsel
Presumption of guilt should not be conclusive.
(iii) If the accused desires counsel, but cannot afford one, a
counsel de oficio must be appointed
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

(iv) If the accused desires to obtain his own counsel, the

The right to be heard includes the following rights:

court must give him a reasonable time to get one.

1.

Right to be present at the trial

1.

The right to be present covers the period from

3. Right to an impartial judge

ARRAIGNMENT to PROMULGATION of sentence.

1.

After arraignment, trial may proceed

4. Right of confrontation and cross-examination

notwithstanding absence of accused, provided 2

requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly

5. Right to compulsory process to secure the attendance

of witnesses

arraigned.
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
(i)

Accused has been duly notified; and

ACCUSATION AGAINST HIM

Purposes of the right:

(ii)

His failure to appear is unjustifiable.

1)
1.

The accused may waive the right to be present at

To furnish the accused with a description of the

charge against him as will enable him to make his defenses

the trial by not showing up. However, the court

can still compel the attendance of the accused if

2)

necessary for identification purposes. Exception: If

a further prosecution for the same cause

To avail himself of his conviction or acquittal against

the accused, after arraignment, has stipulated that

he is indeed the person charged with the offense

3)

To inform the court of the facts alleged.

and named in the information, and that any time a

1.

witness refers to a name by which he is known,

If the information fails to allege the material elements of

the witness is to be understood as referring to

the offense, the accused cannot be convicted thereof even

him.

if the prosecution is able to present evidence during the

While the accused is entitled to be present during

trial with respect to such elements.

promulgation of judgement, the absence of his

counsel during such promulgation does not affect

The real nature of the crime charged is determined from

its validity.

the recital of facts in the information. It is not determined

2. Right to counsel

based on the caption or preamble thereof nor from the

specification of the provision of law allegedly violated

(a) Right to counsel means the right to EFFECTIVE

REPRESENTATION.

RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

12

Factors used in determining whether the right to a

The right of the accused to a public trial is not violated if

speedy trial has been violated.

the hearings are conducted on Saturdays, either with the

consent of the accused or if failed to object thereto.

1)

Time expired from the filing of the information

2)

Length of delay involved

3)

Reasons for the delay

4)

Assertion or non-assertion of the right by the accused

5)

Prejudice caused to the defendant.

RIGHT TO MEET WITNESS FACE TO FACE

Purposes of the right:
1.

To afford the accused an opportunity to crossexamine the witness

2.

To allow the judge the opportunity to observe the

deportment of the witness

Failure of the accused to cross-examine a witness

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

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

If the dismissal is valid, it amounts to an acquittal and can

prosecution, the testimony of the witness should be

be used as basis to claim double jeopardy. This would be

excluded.

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

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

He can move for the dismissal of the case.

1.

The admissibility of dying declarations

If he is detained, he can file a petition for the issuance of

2.

Trial in absentia under Section 14(2)

writ of habeas corpus.

3.

With respect to child testimony

Definition of impartial trial

Section 16. All persons shall have the right to a speedy

disposition of their cases before all judicial, quasi-judicial,

The accused is entitled to the cold neutrality of an

impartial judge.
It is an element of due process.
Definition of public trial

or administrative bodies.
Distinction between Section 14 and Section 16
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

The attendance at the trial is open to all irrespective of

ADMINISTRATIVE proceedings.

their relationship to the accused. However, if the

evidence to be adduced is offensive to decency or public
morals, the public may be excluded.

Section 17. No person shall be compelled to be a witness

against himself.
When is a question incriminating:

13

A question tends to incriminate when the answer of the

accused or the witness would establish a fact which would

Definition of involuntary servitude

be a necessary link in a chain of evidence to prove the

commission of a crime by the accused or the witness.

It is every condition of enforced or compulsory service of

one to another no matter under what form such servitude

Distinction between an accused and an ordinary witness

1.

by invoking the right against self-incrimination.

2.

may be disguised.

An accused can refuse to take the witness stand

An ordinary witness cannot refuse to take the

Exceptions:
1.

been duly convicted

stand. He can only refuse to answer specific

questions which would incriminate him in the

2.
3.

Scope of right
compulsion to extort communication from the

Section 19. Prohibition against cruel, degrading and

witness or to otherwise elicit evidence which

inhuman punishment

would not exist were it not for the actions

When is a penalty cruel, degrading and inhuman?

The right does NOT PROHIBIT

1.
the

of findings with respect to his body as physical

A penalty is cruel and inhuman if it involves

torture or lingering suffering. Ex. Being drawn and

examination of the body of the accused or the use

quartered.
2.

A penalty is degrading if it exposes a person to

evidence. Hence, the fingerprinting of an accused

public humiliation. Ex. Being tarred and

would not violate the right against self-

feathered, then paraded throughout town.

incrimination. However, obtaining a sample of the

handwriting of the accused would violate this right

Standards used:
1.

if he is charged for falsification.

3.

Return to work order issued by the DOLE Secretary

or the President

What is PROHIBITED is the use of physical or moral

compelled from the witness.

2.

Personal military or civil service in the interest of

national defense

commission of an offense.
1.

Punishment for a crime for which the party has

The punishment must not be so severe as to be

degrading to the dignity of human beings.

The accused cannot be compelled to produce a

2.

It must not be applied arbitrarily.

private document in his possession which might

3.

It must not be unacceptable to contemporary

tend to incriminate him. However, a third person

in custody of the document may be compelled to
produce it.
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)

society
4.

It must not be excessive, i.e. it must serve a penal

purpose more effectively than a less severe
punishment would.

Excessive fine
A fine is excessive, when under any circumstance, it is

Who can invoke the right:

disproportionate to the offense.

Only natural persons. Judicial persons are subject to the

Note: Fr. Bernas says that the accused cannot be

visitorial powers of the state in order to determine

convicted of the crime to which the punishment is

compliance with the conditions of the charter granted to

attached if the court finds that the punishment is cruel,

them.

degrading or inhuman.

Section 18. Right against involuntary servitude

14

Reason: Without a valid penalty, the law is not a penal

3)

Before a court of competent jurisdiction

4)

After the person is arraigned

non-payment of a poll tax.

5)

Such person enters a valid plea.

Definition of debt under Section 20

When does jeopardy NOT attach:

1)

1)

If information does not charge any offense

2)

If, upon pleading guilty, the accused presents

law.
Section 20. No person shall be imprisoned for debt or

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.

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.
When does first jeopardy TERMINATE: (2ND REQUISITE)
1)

Acquittal

2)

Conviction

3)

Dismissal W/O the EXPRESS consent of the accused

act.

4)

Dismissal on the merits.

Requisites for a valid defense of double jeopardy: CODE:

ATS

Examples of termination of jeopardy:

1)

1)

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

First jeopardy must have attached prior to the

second.
2)

The first jeopardy must have terminated.

3)

The second jeopardy must be for the same offense as

that in the first.

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.

When does jeopardy ATTACH: (1st requisite)

CODE: CICAV

3)

Dismissal on motion of the prosecution, subsequent

to a motion for reinvestigation filed by the accused.

1)

A person is charged
4)

2)

Under a complaint or information sufficient in form

Discharge of an accused to be a state witness. This

amounts to an acquittal.

and substance to sustain a conviction

15

When can the PROSECUTION appeal from an order of

1)

Under the Rules of Court, a conviction for an offense

dismissal:

will not bar a prosecution for an offense which necessarily

includes the offense charged in the former information

1)

If dismissal is on motion of the

where:

accused. Exception: If motion is based on violation of the

1.

right to a speedy trial or on a demurrer to evidence.

The graver offense developed due to a

supervening fact arising from the same act or

2)

If dismissal does NOT amount to an acquittal or

omission constituting the former charge.

2.

dismissal on the merits

The facts constituting the graver offense became

known or were discovered only after the filing of

3)

If the question to be passed upon is purely legal.

the former information.

3.

4)

The plea of guilty to the lesser offense was made

If the dismissal violates the right of due process of

without the consent of the fiscal and the offended

the prosecution.
5)

If the dismissal was made with grave abuse of

discretion.

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

What are considered to be the SAME OFFENSE: (under

considered a supervening event.

the 1st sentence of Section 21)

Effect of appeal by the accused:
1)

Exact identity between the offenses charged in the

first and second cases.

If the accused appeals his conviction, he WAIVES his right

to plead double jeopardy. The whole case will be open to

2)

One offense is an attempt to commit or a frustration

of the other offense.

3)

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

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.

prosecution for one will not bar the other so long as none
of the exceptions apply.

1)

Definition of double jeopardy (2nd sentence of Sec. 21)

of the law, and which was innocent when done, criminal,

One which makes an action done before the passing

and punishes such action.

Double jeopardy will result if the act punishable under the
law and the ordinance are the same. For there to be

2)

double jeopardy, it is not necessary that the offense be the

than when it was committed.

One which aggravates the crime or makes it greater

same.
3)
SUPERVENING FACTS

One which changes the punishment and inflicts a

greater punishment than that which the law annexed to

the crime when it was committed.

16

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.

Reference:
Political Law (Constitutional Law) Reviewer & Memory
Aid
Ateneo Central Bar Operations 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald

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