THREE INHERENT POWERS

OF THE STATE
The power of the state to enforce and
money mandatory or compulsory money
contribution from the people to support
the needs of the nation.

3 Inherent Powers of
the State

Power of
Police Power of
Eminent
Power Taxation
Domain
POLICE POWER is the power of
promoting the public welfare by
restraining and regulating the use
of both liberty and property of all
the people.
What is property?
Property- anything under the
right of ownership
What is liberty?
Liberty- freedom with
responsibility
• POLICE POWER may be exercised as
long as the activity or the property
sought to be regulated has some
relevance to public welfare.
Tests of the Police Power
1. Lawful Subject
2. Lawful Means
 Lawful Subject Lawful Means

The activity or property

sought to be regulated Both the end and the
affects the public welfare. means must be
It requires the primacy of legitimate
the welfare of the many
over the interests of the •Killing of a drug
few. addict by police
officers because of
•Taxicab Operators of Metro retalliation
Manila v. Board of
Transportation:
phasing out taxicabs more
than 6 yrs. old- to protect the
riding public and promote their
comfort and convenience
RIGHTS ARE NOT
ABSOLUTE!!
Article 2 Section 3 of the 1987 Philippine Constitution
Prime duty of the Government:
SERVE and PROTECT the PEOPLE
•
Defending the State: Personal, Military and civil
service.
Article 2 Section 3 of the 1987 Philippine
Constitution

• Armed Forces of the Philippines, protector of

the people and State.
Article 3 Section 2of the 1987
Constitution

“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 persons or things to be seized.”
Scope of protection

1.Persons- applies to everybody, to all

citizens as well as aliens of the
Philippines

2.Houses - includes dwelling houses,

garage , warehouse, shop, store, office
and even safety vaults

3. Papers- extends to sealed letters

and packages
 Search warrant and
warrant of arrest
• Search warrant - a written order
authorizing a peace officer to search for
certain personal properties and bring it
before the court
• Warrant of arrest- a written order issued
by the judge to seize/arrest a person or
take him into custody to make him
answer for an offense in violation of a
law.
 What is probable cause?

• This means that police must

have clear facts or evidence
to believe you are involved in
a criminal activity.
• Examples: Smell or sight of a
contraband, admission of guilt
for a specific crime
 Requisites for Valid Search
Warrant and Warrant of Arrest
1. It must be issued upon probable cause.

2. The probable cause must be determined personally by

the judge himself.

3. The determination of the existence of probable cause

must be made after examination by the judge of the
complainant and the witnesses he may produce.

4. The warrant must particularly describe the place to be

searched, and the persons or things to be seized.
Sufficiency of description
1. Place- a description of a place is
sufficient if the officer with a search warrant
can ascertain and identify the place intended
2. Person- a warrant of arrest for the
apprehension of the unnamed party upon
whom it is to be served is void except in those
cases where it contains a description of the
person which will enable the officer to identify
the accused.
3. Property- required to be specific only in
so far as the circumstances will allow
When is an arrest without
warrant lawful?
1. When, in the officer’s presence, a person to be
arrested has committed, is committing or is
attempting to commit an offense.
2. When the officer has personal knowledge of
facts indicating that the person to be arrested
has committed it.
3. When a person to be arrested is a prisoner
escaped from the place where he is serving
final judgement, or temporarily confined while
his case is pending, or has escaped while
being transferred from one confinement to
another.
 When is a search and
seizure without warrant
lawful?
1.Where there is consent or waiver.
2.When a search is related to a lawful
arrest.
3.Emergencies/Hot Pursuit
4.Stop & Frisk
• One of the most controversial police pr
ocedures is the stop and frisk search. T
his type of limited search occurs when
police
confront a suspicious person in an effor
t to prevent a crime from taking place.
The police frisk (pat down) the person f
or weapons and question the person.
A stop is different from an arrest. An ar
rest is a lengthy process in which the s
uspect is taken to the police station an
d
booked, whereas a stop involves only
a temporary interference with a person
's liberty. If the officer uncovers further
evidence during the frisk, the stop may
lead to an actual arrest, but if no furth
er evidence is found, the person is rel
eased.
 Sample Issue
Manila cop faces unlawful arrest, robbery extortion,
2 other charges

PO1 Sunny Mercado faced charges of

unlawful arrest, grave threat, arbitrary detention,
and robbery thru extortion after detaining 34-
year-old Michael Belle Dupio, a call center agent
from Makati City, on Aug. 5 at 3 a.m. near a
convenience store in Old Sta. Mesa Street.
 Republic Act No.
7438
AN ACT DEFINING CERTAIN RIGHTS
OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF.
ARTICLE III SECTION 11-12
SECTION 11

Free access to the courts and quasi-

judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
Protection for the Poor. Free access is a
right covered by the due process clause,
because a person, regardless of his status
in life, must be given an opportunity to
defend himself in the proper court or
tribunal. Nonetheless, the right is placed in
a separate provision to emphasize the
desire for constitutional protection of the
poor
PUBLIC ATTORNEY’S
OFFICE

• The Public Attorney’s Office provide

the indigent sector access to counsel
at the time of need
• Republic Act No. 9406 (PAO LAW)
 Dr. Persida V.
Rueda-Acosta

Chief Public Attorney of the

Republic of the Philippines
and nationwide head of
the Public Attorney’s Office

The PUBLIC ATTORNEY'S OFFICE - (PAO) is an attached

agency of the Department of Justice which provides indigent
litigants free legal assistance.
‘Rights of person under custodial investigation’
Miranda Rights

a) any person under custodial investigation

has the right to remain silent;
b) anything he says can and will be used
against him in a court of law;
c) he has the right to talk to an attorney
before being questioned and to have his
counsel present when being questioned;
and
d) if he cannot afford an attorney, one will be
provided before any questioning if he so
desires.
Why called Miranda Rights?

The present provision is usually

referred to as the “Miranda Rights”
because it is an adoption of the rights
provided in the American case
“Miranda v. Arizona
 SECTION 12
• (1) Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of
his own choice. If the person cannot afford the
services of counsel, he must be provided with one.
These rights cannot be waived except in writing
and in the presence of counsel.
• (2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall
be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of
detention are prohibited.
SECTION 12 (cont.)
• (3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
• (4) The law shall provide for penal and civil
sanctions for violations of this section as well
as compensation to and rehabilitation of
victims of torture or similar practices, and their
families.
Rights of an Accused
Person.

- The rights accorded to a person who

is charged for violation of the penal
laws of the land
Rights Enjoyed by a Person Under
Investigation

1. Right to be informed of his right to

remain silent
Rights Enjoyed by a Person
Under Investigation (cont.)

2. Right to counsel
Rights Enjoyed by a Person
Under Investigation (cont.)

3. Right against the use of torture,

force, violence, threat, intimidation,
or any other means which vitiate the
free will
Rights Enjoyed by a Person
Under Investigation (cont.)

4. Rights against being held in secret,

solitary, incommunicado detentions
or other similar forms
R.A. 9745 "Anti-Torture Act of
2009"

• To ensure that the human rights of all

persons, including suspects, detainees and
prisoners are respected at all times; and that
no person placed under investigation or held
in custody of any person in authority or,
agent of a person authority shall be
subjected to physical, psychological or
mental harm, force, violence, threat or
intimidation or any act that impairs his/her
free wi11 or in any manner demeans or
degrades human dignity (Section 2b)
Custodial investigation

- As defined by the Supreme Court,

involves any questioning initiated by
law enforcement officers after a person
has been taken into custody or
otherwise deprived of his freedom of
action in any significant way.
Legal Procedure to be followed
in Custodial Investigation

1. The arresting officer must inform

him the reason for the arrest and he
must be shown the warrant of
arrest, if any.
2. Informed him of his constitutional
rights to remain silent and to
counsel. (Miranda Rights)
Legal Procedure to be followed
in Custodial Investigation
(cont.)

3. The person arrested shall have the

right to communicate with his
lawyer, a relative, or anyone he
chooses by the most expedient
means _ by telephone if possible _
or by letter or messenger
 Legal Procedure to be followed
in Custodial Investigation
(cont.)

4. It shall be the duty of the arresting officer

to see to it that this is accomplished.
5. No custodial investigation shall be
conducted unless it be in the presence
of counsel engaged by the person
arrested, by any person on his behalf, or
appointed by the court upon petition
either of the detainee himself or by
anyone on his behalf.
Legal Procedure to be followed
in Custodial Investigation
(cont.)

6. The right to counsel may be waived

but the waiver shall not be valid
unless made with the assistance of
counsel
7. Any statement obtained in violation
of the procedure herein laid down,
whether exculpatory or inculpatory,
in whole or in part, shall be
inadmissible in evidence.