Section 1.

No person shall be deprived of life, liberty

or property without due process of law, nor shall any
person be denied the equal protection of the laws.

Definition of Police Power:

1) Power vested in the legislature

2) By the Constitution

3) To make, ordain, and establish

4) All manner of wholesome and reasonable laws,

statutes, and ordinances

5) Either with penalties or without

6) Not repugnant to the constitution

7) As they shall judge to be for the good and welfare of

the commonwealth and of the subjects of the same.

Aspects of Due Process:

1. Procedural due process refers to the mode of procedure
which government agencies must follow in the enforcement
and application of laws.
2. Substantive due process prohibition against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
 2. Due process of law contemplates notice and opportunity to
be heard before judgment is rendered affecting ones person
or property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the
subject matter and the necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
1. A court or tribunal clothed with judicial power to hear and
determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the
proceedings.
3. The defendant must be given notice and an opportunity to
be heard.
4. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present
ones case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at
the hearing or at least contained in the record and disclosed
to the parties affected.
6. The tribunal or body or any of its judges must act on its or
his own independent consideration of the law and facts of the
controversy, and not simply accept the views of a subordinate
in arriving at a decision.
7. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the
 proceeding can know the various issues involved and the
reasons for the decision rendered.
Note:
1. What is required is not actual hearing, but a real opportunity
to be heard.
2. The requirement of due process can be satisfied by
subsequent due hearing.
3. 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 promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A In
ADP
1. The student must be informed in writing of the nature and
cause of any accusation against them.
2. The student shall have the right to answer the charges
against him, with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence
against him.
4. The student has the right to adduce evidence in his own
behalf.
5. The evidence must be duly considered by the investigating
committee or official designated by the school authorities to
hear and decide the case.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students
a fair opportunity to complete the course a student has
enrolled for.
2. Exceptions:
 3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary;
cross-examination is not essential
Instances when hearings are NOT necessary:
1. 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. Issuance of warrants of distraint and/or levy by the BIR
Commissioner.
7. Cancellation of the passport of a person charged with a
crime.
8. Issuance of sequestration orders (considered a provisional
remedy).
9. Judicial order which prevents an accused from travelling
abroad in order to maintain the effectivity of the courts
jurisdiction.
10. Suspension of a banks operations by the Monetary Board
upon a prima facie finding of liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of
substantive due process and has to be observed even in
administrative and quasi-judicial bodies.
2. The right to appeal is a statutory privilege that may be
exercised only in the manner in accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
 1. The INTERESTS of the public generally, as distinguished from
those of a particular class, requires the interference by the
government and
2. The MEANS employed are necessary for the accomplishment
of the purpose and not unduly oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
When is a law VAGUE?
1. 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 both as
to privileges conferred and liabilities enforced.
Requisites for valid classification for purposes of the equal protection
clause

The classification must: CODE: SGEE

1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. Not limited to existing conditions only
 4. APPLY EQUALLY to all members of the SAME CLASS.

Section 2. The right of the people to be secure in their

persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be
searched and the person or things to be seized.

General Rule: Search and seizures are unreasonable unless

authorized by a validly issued search warrant or warrant of
arrest

Requisites for a valid warrant: CODE:

P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by
the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and
the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be
searched and person or things to be seized.
Definition of PROBABLE CAUSE

For the issuance of a warrant of arrest:

Probable cause refers to such facts and circumstances which

would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to
be arrested.

For the issuance of a search warrant:

Probable cause would mean such facts and circumstances

which would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the
objects sought in connection with the offense are in the place
to be searched.

Note: Probable cause for the issuance of a search warrant

does NOT require that the probable guilt of a specific offender
be established, unlike in the case of a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE
JUDGE

The judge is NOT required to personally examine the

complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility of
the issuing judge to satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 SCRA 394).

To be sure, the Judge must go beyond the prosecutors

certification and investigation report whenever necessary
(Lim v. Felix).

Procedure:
1. The judge personally evaluates the report and supporting
documents submitted by the fiscal regarding the existence of
probable cause and, on the basis thereof, issue a warrant of
arrest or
 2. If on the basis thereof, the judge finds no probable cause, he
may disregard the fiscals report and require the submission
of supporting affidavits of witnesses to aid him in arriving at
the conclusion as to the existence of probable cause.
Examination UNDER OATH OR AFFIRMATION OF THE
COMPLAINANT AND WITNESSES
1. The oath required must refer to the truth of the facts within
the personal knowledge of the complainant or his witnesses
because the purpose is to convince the judge of the existence
of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the
issuance of a search warrant is whether it has been drawn in
such a manner that perjury could be charged thereon and
affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the
things to be seized when the description therein is as
specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact
not of law by which the warrant officer may be guided in
making the search and seizure or
3. When the things described are limited to those which
bear a direct relation to the offense for which the
warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of
particularity of description if it contains a descriptio
personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific
acts or omissions constituting the offense charged in the
application for the issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the things to be
seized be particularly described.

VALID WARRANTLESS SEARCH

1. Search made as an incident to lawful arrest
1. An officer making an arrest may take from the person
arrested:
1. Any money or property found upon his person which
was used in the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of
committing violence or escaping or
4. Which may be used in evidence in the trial of the case
1. The search must be made simultaneously with the arrest and
it may only be made in the area within the reach of the
person arrested
1. Search of moving vehicles
1. This exception is based on exigency. Thus, if there is time to
obtain a warrant in order to search the vehicle, a warrant
must first be obtained.
2. The search of a moving vehicle must be based on probable
cause.
1. Seizure of goods concealed to avoid customs
duties/authorized under the Tariffs and Customs Code
1. The Tariffs and Customs Code authorizes persons having
police authority under the Code to effect search and seizures
without a search warrant to enforce customs laws.
 2. Exception: A search warrant is required for the search of a
dwelling house.
3. Searches under this exception include searches at borders
and ports of entry. Searches in these areas do not require the
existence of probable cause.
1. Seizure of evidence in plain view
1. To be a valid warrantless search, the articles must be open to
the eye and hand.
2. The peace officer comes upon them inadvertently.
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. There is an actual intention to relinquish such right.
1. The right against unreasonable searches and seizures is a
personal right. Thus, only the person being searched can
waive the same.
2. Waiver requires a positive act from the person. Mere absence
of opposition is not a waiver.
3. The search made pursuant to the waiver must be made
within the scope of the waiver.
Note:
1. Checkpoints: as long as the vehicle is neither searched nor
its occupants subjected to a body search and the inspection
of the vehicle is limited to a visual search = valid search
(Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be
quickly moved out of the locality or jurisdiction
 3. The 1987 Constitution has returned to the 1935 rule that
warrants may be issued only by judges, but the
Commissioner of Immigration may order the arrest of an alien
in order to carry out a FINAL deportation order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is actually
committing, or is about to commit an offense in the presence
of the arresting officer.
1. When an offense has in fact just been committed and the
arresting officer has personal knowledge of facts indicating
that the person to be arrested has committed it.
1. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case
is pending, or has escaped while being transferred from one
confinement to another.
1. Waiver of an invalid arrest:

When a person who is detained applies for bail, he is deemed

to have waived any irregularity which may have occurred in
relation to his arrest.

1. Hot pursuit

A. The pursuit of the offender by the arresting officer must

be continuous from the time of the commission of the offense
to the time of the arrest.

B. There must be no supervening event which breaks the

continuity of the chase.

1. Stop and frisk

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

Section 3. (1) The privacy of communication and

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

R.A. 4200 (Anti-Wiretapping Act)

1. The law does not distinguish between a party to the private
communication or a third person. Hence, both a party and a
third person could be held liable under R.A. 4200 if they
commit any of the prohibited acts under R.A. 4200 (Ramirez
v. Ca)
1. The use of a telephone extension to overhear a private
conversation is not a violation of R.A. 4200 because it is not
similar to any of the prohibited devices under the law. Also, a
telephone extension is not purposely installed for the purpose
of secretly intercepting or recording private communication.
(Gaanan v. IAC, 145 SCRA 112)
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 acts committed by private
individuals. (People v. Martin)
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
of the right of the people peaceably to assemble and
petition the government for redress of grievances.

What are considered protected speech:

Protected speech includes every form of expression, whether

oral, written, tape or disc recorded. It includes motion
pictures as well as what is known as symbolic speech such as
the wearing of an armband as a symbol of protest. Peaceful
picketing has also been included within the meaning of
speech.
Prohibitions under Section 4
1. Prohibition against PRIOR RESTRAINT
1. Prohibition against SUBSEQUENT PUNISHMENT
Prohibition against prior restraint
1. Prior restraint means official governmental restrictions on
the press or other forms of expression in advance of actual
publication or dissemination.
2. Examples/forms of prior restraint
 1. movie censorship
2. judicial prior restraint = injunction against publication
3. license taxes based on gross receipts for the privilege
of engaging in the business of advertising in any
newspaper
4. flat license fees for the privilege of selling religious
books
When prohibition does not apply
1. During a war. Ex. Government can prevent publication
about the number/locations of its troops (Near v. Minnesota,
238 US 697)
2. Obscene publications.
Standards for allowable subsequent punishment

TEST CRITERION

1. Dangerous Tendency Test There should be

a RATIONAL CONNECTION between the speech and the evil
apprehended.

2. Clear and Present Danger Test There should be

a clear and present danger that the words when used under
such circumstances are of such a nature as to create a CLEAR
AND PRESENT DANGER that they will bring about 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 will then decide
where the greater weight should be placed.
Freedom of Speech
The doctrine on freedom of speech was formulated
primarily for the protection of core speech, i.e.
speech which communicates political, social or
religious ideas. These enjoy the same degree of
protection. Commercial speech, however, does not.

Commercial Speech
1. A communication which no more than proposes a
commercial transaction.
1. To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
1. Even truthful and lawful commercial speech may be
regulated if:
1. Government has a substantial interest to protect;
2. The regulation directly advances that interest; and
3. It is not more extensive than is necessary to protect
that interest. (Central Hudson Gas and Electric Corp. v.
Public Service Commission of NY, 447 US 557)
Unprotected Speech
1. 1. LIBEL
1. FAIR COMMENT (U.S. Rule). These are statements of
OPINION, not of fact, and are not considered actionable, even
if the words used are neither mild nor temperate. What is
important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack
personalities but to give ones opinion on decisions and
actions.
 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
personae, are not protected.
1. 2. OBSCENITY
1. Test for obscenity (Miller v. California)
1. Whether the average person, applying contemporary
community standards would find that the work, taken as a
whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct, specifically defined by law.
3. Whether the work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
2. Procedure for seizure of allegedly obscene publications
1. Authorities must apply for issuance of search warrant.
2. Court must be convinced that the materials are obscene.
Apply clear and present danger test.
3. 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 RPC.
6. Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press
also apply to the right of assembly and petition.
1. Rules on assembly in public places:
1. Applicant should inform the licensing authority of the date,
the public place where and the time when the assembly will
take place.
 1. The application should be filed ahead of time to enable the
public official concerned to appraise whether there are valid
objections to the grant of the permit or to its grant, but in
another public place. The grant or refusal should be based on
the application of the Clear and Present Danger Test.
1. If the public authority is of the view that there is an
imminent and grave danger of a substantive evil, the
applicants must be heard on the matter.
1. The decision of the public authority, whether favorable or
adverse, must be transmitted to the applicants at the earliest
opportunity so that they may, if they so desire, have recourse
to the proper judicial authority.
1. Rules on assembly in private properties:

Only the consent of the owner of the property or person

entitled to possession thereof is required.

Section 5. No law shall be made respecting an establishment

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

Clauses under Section 5

1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v.
Schempp, 374 US 203)
 1. The non-establishment clause does not depend upon any
showing of direct governmental compulsion. It is violated by
the enactment of laws which establish an official religion
whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-
establishment clause can be stated as follows: What are the
purposes and primary effect of the enactment? If either is
the advancement or inhibition of religion, the law violates the
non-establishment clause. Thus, in order for a law to comply
with the non-establishment clause, two requisites must be
met. First, it has a secular legislative purpose. Second, its
primary effect neither advances nor inhibits religion.
1. The free exercise of religion clause withdraws from
legislative power the exertion of any restraint on the free
exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of
the legislation as it operates against him in the practice of his
religion. While the freedom to believe (non-establishment) is
absolute, the moment such belief flows over into action, it
becomes subject to government regulation.
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. It must not require excessive entanglement with recipient
institutions.

Section 6. The liberty of abode and of changing the same

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

Rights guaranteed under Section 6:

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.

2. Right to travel May be curtailed even

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

Note: The right to travel and the liberty of abode are distinct
from the right to return to ones country, as shown by the fact
that the Declaration of Human Rights and the Covenant on
Human Rights have separate guarantees for these. Hence,
the right to return to ones country is not covered by the
specific right to travel and liberty of abode. (Marcos v.
Manglapus)
Section 7. The right of the people to information on matters
of public concern shall be recognized.

Rights guaranteed under Section 7

1. Right to information on matters of public concern
2. Right of access to official records and documents
Persons entitled to the above rights

Only Filipino citizens.

Discretion of government

The government has discretion with respect to the authority

to determine what matters are of public concern and the
authority to determine the manner of access to them.

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

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

Government employees have the right to form unions. They

also have the right to strike, unless there is a statutory ban
on them.

Section 9. Private property shall not be taken for

public use without just compensation.
Who can exercise the power of eminent domain:

1) The national government

1. Congress
2. Executive, pursuant to legislation enacted by Congress

2) Local government units, pursuant to an ordinance

enacted by their respective legislative bodies (under LGC)

3) Public utilities, as may be delegated by law.

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

It is only necessary when the owner does not want or

opposes the sale of his property. Thus, if a valid contract
exists between the government and the owner, the
government cannot exercise the power of eminent domain as
a substitute to the enforcement of the contract.
Elements of the power of eminent domain

1) There is a TAKING of private property

2) Taking is for PUBLIC USE

3) Payment of JUST COMPENSATION

TAKING

A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it
must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust
the owner and deprive him of the beneficial enjoyment of his
property.

B. Compensable taking does not need to involve all the

property interests which form part of the right of ownership.
When one or more of the property rights are appropriated
and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the
owner.

PUBLIC USE
 1. Public use, for purposes of expropriation, is synonymous with
public welfare as the latter term is used in the concept of
police power.
1. Examples of public use include land reform and socialized
housing.

JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent
to the market value of his property. Market value is generally
defined as the fair value of the property as between one who
desires to purchase and one who desires to sell.
2. The point of reference use in determining fair value is the
value at the time the property was taken. Thus, future
potential use of the land is not considered in computing just
compensation.
Judicial review of the exercise of the power of eminent
domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the public use character of the taking.
However, if the expropriation is pursuant to a specific law
passed by Congress, the courts cannot question the public
use character of the taking.
When municipal property is taken by the State:

Compensation is required if the property is a patrimonial

property, that is, property acquired by the municipality with
its private funds in its corporate or private capacity.
However, if it is any other property such a public buildings or
legua comunal held by the municipality for the State in trust
for the inhabitants, the State is free to dispose of it at will.

Point of reference for valuating a piece of property:

General rule: The value must be that as of the time of the

filing of the complaint for expropriation.

Exception: When the filing of the case comes later than the
time of taking and meanwhile the value of the property has
increased because of the use to which the expropriator has
put it, the value is that of the time of the earlier taking. BUT
if the value increased independently of what the expropriator
did, then the value is that of the latter filing of the case.

Section 10. No law impairing the obligation of

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

1) If it changes the terms and conditions of a legal

contract either as to the time or mode of performance

2) If it imposes new conditions or dispenses with those

expressed

3) If it authorizes for its satisfaction something different

from that provided in its terms.

A mere change in PROCEDURAL REMEDIES which does not

change the substance of the contract, and which still leaves
an efficacious remedy for enforcement does NOT impair the
obligation of contracts.
A valid exercise of police power is superior to obligation of
contracts.

Section 12. Rights of person under investigation for

the commission of an offense.
Rights of person under investigation for the
Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel,
preferably of his own choice
3) 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

2) When a person is otherwise deprived of his freedom of

action in any significant way.

3) When the investigation is being conducted by the

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

4) Signing of arrest reports and booking sheets.

When rights are not available:

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

move among the investigators to elicit admissions or
confessions from the suspect.
2) During administrative investigations.

3) Confessions made by an accused at the time he

voluntarily surrendered to the police or outside the context of
a formal investigation.

4) Statements made to a private person.

Exclusionary rule

1) Any confession or admission obtained in violation of this

section shall be inadmissible in evidence against him (the
accused).

2) Therefore, any evidence obtained by virtue of an

illegally obtained confession is also inadmissible, being the
fruit of a poisoned tree.

Requisites of valid waiver:

1) Waiver should be made in WRITING

2) Waiver should be made in the PRESENCE OF 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.

Who are not entitled to bail:

1) Persons charged with offenses PUNISHABLE by
RECLUSION PERPETUA or DEATH, when evidence of guilt is
strong

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.

Other rights in relation to bail.

1) The right to bail shall NOT be impaired even when the

privilege of the writ of habeas corpus is suspended.

2) Excessive bail shall not be required.

Factors considered in setting the amount of bail:

1) Ability to post bail

2) Nature of the offense

3) Penalty imposed by law

4) Character and reputation of the accused

5) Health of the accused

6) Strength of the evidence

7) Probability of appearing at the trial

8) Forfeiture of previous bail bonds

9) Whether accused was a fugitive from justice when
arrested

10) If accused is under bond in other cases

Implicit limitations on the right to bail:

1. The person claiming the right must be in actual detention or
custody of the law.
2. The constitutional right is available only in criminal cases,
not, e.g. in deportation proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty
through recognizance.
Section 14. Rights of an accused
Rights of a person charged with a criminal offense
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 the
accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf

DUE PROCESS

This means that the accused can only be convicted by a

tribunal which is required to comply with the stringent
requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE

The Constitution does not prohibit the legislature from

providing that proof of certain facts leads to a prima facie
presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.

Presumption of guilt should not be conclusive.

RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

The right to be heard includes the following rights:
1. Right to be present at the trial
1. The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
1. After arraignment, trial may proceed notwithstanding
absence of accused, provided 2 requisites are met. Note, that
trial in absentia is allowed only if the accused has been
validly arraigned.

(i) Accused has been duly notified; and

(ii) His failure to appear is unjustifiable.

1. The accused may waive the right to be present at the trial by

not showing up. However, the court can still compel the
attendance of the accused if necessary for identification
purposes. Exception: If the accused, after arraignment, has
stipulated that he is indeed the person charged with the
offense and named in the information, and that any time a
witness refers to a name by which he is known, the witness is
to be understood as referring to him.
 1. While the accused is entitled to be present during
promulgation of judgement, the absence of his counsel during
such promulgation does not affect its validity.
2. Right to counsel

(a) Right to counsel means the right to EFFECTIVE

REPRESENTATION.

(b) If the accused appears at arraignment without counsel,

the judge must:

(i) Inform the accused that he has a right to a counsel

before arraignment

(ii) Ask the accused if he desires the aid of counsel

(iii) If the accused desires counsel, but cannot afford one, a

counsel de oficio must be appointed

(iv) If the accused desires to obtain his own counsel, the court
must give him a reasonable time to get one.

3. Right to an impartial judge

4. Right of confrontation and cross-examination

5. Right to compulsory process to secure the attendance of

witnesses

RIGHT TO BE INFORMED OF THE NATURE AND CAUSE

OF ACCUSATION AGAINST HIM
Purposes of the right:
1) To furnish the accused with a description of the charge
against him as will enable him to make his defenses

2) To avail himself of his conviction or acquittal against a

further prosecution for the same cause

3) To inform the court of the facts alleged.

If the information fails to allege the material elements of the

offense, the accused cannot be convicted thereof even if the
prosecution is able to present evidence during the trial with
respect to such elements.

The real nature of the crime charged is determined from the

recital of facts in the information. It is not determined based
on the caption or preamble thereof nor from the specification
of the provision of law allegedly violated

RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

Factors used in determining whether the right to a
speedy trial has been violated.

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.

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

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

used as basis to claim double jeopardy. This would be the
effect even if the dismissal was made with the consent of the
accused

Remedy of the accused if his right to speedy trial has

been violated

He can move for the dismissal of the case.

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

of habeas corpus.

Definition of impartial trial

The accused is entitled to the cold neutrality of an impartial

judge.

It is an element of due process.

Definition of public trial

The attendance at the trial is open to all irrespective of their

relationship to the accused. However, if the evidence to be
adduced is offensive to decency or public morals, the public
may be excluded.

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

hearings are conducted on Saturdays, either with the consent
of the accused or if failed to object thereto.
RIGHT TO MEET WITNESS FACE TO FACE
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the
witness
2. To allow the judge the opportunity to observe the
deportment of the witness
Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due

to his own fault or was not due to the fault of the prosecution,
the testimony of the witness should be excluded.

When the right to cross-examine is demandable

It is demandable only during trials. Thus, it cannot be availed

of during preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of dying declarations
2. Trial in absentia under Section 14(2)
3. With respect to child testimony

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

disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Distinction between Section 14 and Section 16

While the rights of an accused only apply to the trial phase of

criminal cases, the right to a speedy disposition of cases
covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.

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

against himself.

When is a question incriminating:

A question tends to incriminate when the answer of the

accused or the witness would establish a fact which would be
a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.

Distinction between an accused and an ordinary

witness
1. An accused can refuse to take the witness stand by invoking
the right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand. He can
only refuse to answer specific questions which would
incriminate him in the commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral
compulsion to extort communication from the witness or to
otherwise elicit evidence which would not exist were it not for
the actions compelled from the witness.
2. The right does NOT PROHIBIT the examination of the
body of the accused or the use of findings with respect to his
body as physical evidence. Hence, the fingerprinting of an
accused would not violate the right against self-
incrimination. However, obtaining a sample of the
 handwriting of the accused would violate this right if he is
charged for falsification.
3. The accused cannot be compelled to produce a private
document in his possession which might tend to incriminate
him. However, a third person in custody of the document
may be compelled to produce it.
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)
Who can invoke the right:

Only natural persons. Judicial persons are subject to the

visitorial powers of the state in order to determine
compliance with the conditions of the charter granted to
them.

Section 18. Right against involuntary servitude

Definition of involuntary servitude

It is every condition of enforced or compulsory service of one

to another no matter under what form such servitude may be
disguised.

Exceptions:
1. Punishment for a crime for which the party has been duly
convicted
2. Personal military or civil service in the interest of national
defense
 3. Return to work order issued by the DOLE Secretary or the
President
Section 19. Prohibition against cruel, degrading and
inhuman punishment
When is a penalty cruel, degrading and inhuman?
1. A penalty is cruel and inhuman if it involves torture or
lingering suffering. Ex. Being drawn and quartered.
2. A penalty is degrading if it exposes a person to public
humiliation. Ex. Being tarred and feathered, then paraded
throughout town.
Standards used:
1. The punishment must not be so severe as to be degrading to
the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary 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

disproportionate to the offense.

Note: Fr. Bernas says that the accused cannot be convicted

of the crime to which the punishment is attached if the court
finds that the punishment is cruel, degrading or inhuman.

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

Section 20. No person shall be imprisoned for debt or non-

payment of a poll tax.
Definition of debt under Section 20

1) Debt refers to a CONTRACTUAL obligation, whether

express or implied, resulting in any liability to pay money.
Thus, all other types of obligations are not within the scope of
this prohibition.

2) Thus, if an accused fails to pay the fine imposed upon

him, this may result in his subsidiary imprisonment because
his liability is ex delicto and not ex contractu.

3) A FRAUDULENT debt may result in the imprisonment of

the debtor if:

1. The fraudulent debt constitutes a crime such as estafa and

2. The accused has been duly convicted.

Section 21. No person shall be twice put in jeopardy of

punishment for the same offense. If an act punished by a law
and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS

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

1) A person is charged
2) Under a complaint or information sufficient in form and
substance to sustain a conviction

3) Before a court of competent jurisdiction

4) After the person is arraigned

5) Such person enters a valid plea.

When does jeopardy NOT attach:

1) If information does not charge any offense

2) If, upon pleading guilty, the accused presents evidence

of complete self-defense, and the court thereafter acquits him
without entering a new plea of not guilty for accused.

3) If the information for an offense cognizable by the RTC

is filed with the MTC.

4) If a complaint filed for preliminary investigation is

dismissed.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1) Acquittal

2) Conviction

3) Dismissal W/O the EXPRESS consent of the accused

4) Dismissal on the merits.

Examples of termination of jeopardy:

1) Dismissal based on violation of the right to a speedy
trial. This amounts to an acquittal.

2) Dismissal based on a demurrer to evidence. This is a

dismissal on the merits.

3) Dismissal on motion of the prosecution, subsequent to

a motion for reinvestigation filed by the accused.

4) Discharge of an accused to be a state witness. This

amounts to an acquittal.

When can the PROSECUTION appeal from an order of

dismissal:

1) If dismissal is on motion of the accused. Exception: If

motion is based on violation of the right to a speedy trial or
on a demurrer to evidence.

2) If dismissal does NOT amount to an acquittal or

dismissal on the merits

3) If the question to be passed upon is purely legal.

4) If the dismissal violates the right of due process of the

prosecution.

5) If the dismissal was made with grave abuse of

discretion.

What are considered to be the SAME OFFENSE:

(under the 1st sentence of Section 21)
1) Exact identity between the offenses charged in the first
and second cases.

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 prosecution
for one will not bar the other so long as none of the
exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)

Double jeopardy will result if the act punishable under the law
and the ordinance are the same. For there to be double
jeopardy, it is not necessary that the offense be the same.

SUPERVENING FACTS

1) Under the Rules of Court, a conviction for an offense

will not bar a prosecution for an offense which necessarily
includes the offense charged in the former information where:

1. The graver offense developed due to a supervening fact

arising from the same act or omission constituting the former
charge.
2. The facts constituting the graver offense became known or
were discovered only after the filing of the former
information.
 3. The plea of guilty to the lesser offense was made without the
consent of the fiscal and the offended party.

2) Under (1)(b), if the facts could have been discovered by

the prosecution but were not discovered because of the
prosecutions incompetence, it would not be considered a
supervening event.

Effect of appeal by the accused:

If the accused appeals his conviction, he WAIVES his right to

plead double jeopardy. The whole case will be open to review
by the appellate court. Such court may even increase the
penalties imposed on the accused by the trial court.

Section 22. No ex post facto law or bill of attainder shall be

enacted.

Definition of ex-post facto law.

1) One which makes an action done before the passing of

the law, and which was innocent when done, criminal, and
punishes such action.

2) One which aggravates the crime or makes it greater

than when it was committed.

3) One which changes the punishment and inflicts a

greater punishment than that which the law annexed to the
crime when it was committed.

4) One which alters the legal rules of evidence and

receives less testimony than the law required at the time of
the commission of the offense in order to convict the
accused.

5) One which assumes to regulate civil rights and

remedies only BUT, in effect, imposes a penalty or
deprivation of a right, which, when done, was lawful.

6) One which deprives a person accused of a crime of

some lawful protection to which he has become entitled such
as the protection of a former conviction or acquittal, or a
proclamation of amnesty.

Note: The prohibition on ex post facto laws only applies to

retrospective PENAL laws.
Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGISLATIVE act which inflicts

punishment W/O JUDICIAL trial.

2) The bill of attainder does not need to be directed at a

specifically named person. It may also refer to easily
ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.

3) Elements of the bill of attainder

1. There must be a LAW.

2. The law imposes a PENAL burden on a NAMED
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O
JUDICIAL trial.