ARTICLE III BILL OF RIGHTS

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 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.

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.

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; crossexamination is not essential

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:

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.

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

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. 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

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.

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.

Right of Assembly and Petition

1. The standards for allowable
impairment of speech and press also
apply to the right of assembly and
petition.

Clauses under Section 5

1. Rules on assembly in public places:

Distinction between the clauses (School

District v. Schempp, 374 US 203)

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

1. Non-establishment clause
2. Free exercise of Religion

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 nonestablishment 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 (nonestablishment) 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.

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

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:

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.
4.
5.
6.
7.
8.

Trade secrets
Banking transactions
Diplomatic correspondence
Executive sessions
Closed door cabinet meetings
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.

2) Waiver should be made in the

PRESENCE OF COUNSEL.
Section 13. Right to bail

4)

Right to be informed of these rights.

Who are entitled to bail:

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.

1)

All persons ACTUALLY DETAINED

2)

shall, BEFORE CONVICTION

3)

Be entitled to bail.

Who are not entitled to bail:

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.

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

When rights are not available:

2)
Persons CONVICTED by the trial
court. Bail is only discretionary pending
appeal.

1)
During a police line-up. Exception:
Once there is a move among the investigators
to elicit admissions or confessions from the
suspect.

3)
Persons who are members of the AFP
facing a court martial.
Other rights in relation to bail.

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.

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:

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

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.

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

Note:
1. Right to bail is not available in the
military.
2. Apart from bail, a person may attain
provisional liberty through
recognizance.

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.

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.

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)
and

Accused has been duly notified;

(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.

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

3. Right to an impartial judge

5)
4. Right of confrontation and crossexamination
5. Right to compulsory process to secure the
attendance of witnesses
RIGHT TO BE INFORMED OF THE
NATURE AND CAUSE OF ACCUSATION
AGAINST HIM

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

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

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

3)

To inform the court of the facts alleged.

The accused is entitled to the cold neutrality

of an impartial judge.
It is an element of due process.

Section 16. All persons shall have the right to

a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.

Definition of public trial

Distinction between Section 14 and Section 16

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.

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.

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.

Section 17. No person shall be compelled to

be a witness against himself.

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

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.

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:

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. 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

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.

2)
Under a complaint or information
sufficient in form and substance to sustain a
conviction

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

3)

Before a court of competent jurisdiction

When can the PROSECUTION appeal

from an order of dismissal:

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.

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)

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:

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.

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.