ARTICLE III BILL OF RIGHTS 1.
The right to a hearing, which includes the right
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
IP
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 A D P
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 offensefor 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
Unprotected Speech
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.
Right of Assembly and Petition
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)
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.
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 2. Apart from bail, a person may attain provisional
Who are entitled to bail: liberty through recognizance.
Section 14. Rights of an accused
1) All persons ACTUALLY DETAINED Rights of a person charged with a criminal offense
1. Right to due process of law
2) shall, BEFORE CONVICTION 2. Right to be presumed innocent
3. Right to be heard by himself and counsel
3) Be entitled to bail. 4. Right to be informed of the nature and cause of
the accusation against him
Who are not entitled to bail:
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
1) Persons charged with offenses PUNISHABLE by
7. Right to have compulsory process to secure the
RECLUSION PERPETUA or DEATH, when evidence of
attendance of witnesses and the production of
guilt is strong
evidence in his behalf

2) Persons CONVICTED by the trial court. Bail is

DUE PROCESS
only discretionary pending appeal.

This means that the accused can only be convicted

3) Persons who are members of the AFP facing a
by a tribunal which is required to comply with the
court martial.
stringent requirements of the rules of criminal
Other rights in relation to bail. procedure.

1) The right to bail shall NOT be impaired even PRESUMPTION OF INNOCENCE

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:
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.

1) Ability to post bail Presumption of guilt should not be conclusive.

2) Nature of the offense

3) Penalty imposed by law RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

The right to be heard includes the following rights:
4) Character and reputation of the accused 1. Right to be present at the trial
1. The right to be present covers the period from
5) Health of the accused
ARRAIGNMENT to PROMULGATION of sentence.
1. After arraignment, trial may proceed
6) Strength of the evidence
notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
7) Probability of appearing at the trial
allowed only if the accused has been validly
8) Forfeiture of previous bail bonds arraigned.

9) Whether accused was a fugitive from justice (i) Accused has been duly notified; and
when arrested
(ii) His failure to appear is unjustifiable.
10) If accused is under bond in other cases
1. The accused may waive the right to be present
at the trial by not showing up. However, the
Implicit limitations on the right to bail:
court can still compel the attendance of the
1. The person claiming the right must be in actual
accused if necessary for identification purposes.
detention or custody of the law.
Exception: If the accused, after arraignment, has
2. The constitutional right is available only in
stipulated that he is indeed the person charged
criminal cases, not, e.g. in deportation
with the offense and named in the information,
proceedings.
and that any time a witness refers to a name by
Note:
which he is known, the witness is to be
1. Right to bail is not available in the military.
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 1) If information does not charge any offense
convicted of the crime to which the punishment is
attached if the court finds that the punishment is 2) If, upon pleading guilty, the accused presents
cruel, degrading or inhuman. evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea
Reason: Without a valid penalty, the law is not a of not guilty for accused.
penal law.
3) If the information for an offense cognizable by
Section 20. No person shall be imprisoned for debt the RTC is filed with the MTC.
or non-payment of a poll tax.
4) If a complaint filed for preliminary
Definition of debt under Section 20 investigation is dismissed.

1) Debt refers to a CONTRACTUAL obligation, When does first jeopardy

whether express or implied, resulting in any liability TERMINATE: (2ND REQUISITE)
to pay money. Thus, all other types of obligations
are not within the scope of this prohibition. 1) Acquittal

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

imposed upon him, this may result in his subsidiary
3) Dismissal W/O the EXPRESS consent of the
imprisonment because his liability is ex delicto and
accused
not ex contractu.
4) Dismissal on the merits.
3) A FRAUDULENT debt may result in the
imprisonment of the debtor if: Examples of termination of jeopardy:

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

form and substance to sustain a conviction or dismissal on the merits

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

legal.
4) After the person is arraigned
4) If the dismissal violates the right of due
5) Such person enters a valid plea. process of the prosecution.

When does jeopardy NOT attach: 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.