Topic: RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION If ever you're arrested here are a couple of things to keep in mind:

Enshrined under Section 12, Article III of the 19 ! "onstitution are the follo#ing rights: $Section 12% &1' Any person under investigation for the commission of an offense shall have the right to (e informed of his right to remain silent and to have competent and independent counsel prefera(ly of his o#n choice% If the person cannot afford the services of counsel, he must (e provided #ith one% )hese rights cannot (e #aived e*cept in #riting and in the presence of counsel% &2' +o torture, force, violence, threat, intimidation, or any other means #hich vitiate the free #ill shall (e used against him% Secret detention places, solitary, incommunicado, or other similar forms of detention are prohi(ited% &,' Any confession or admission o(tained in violation of this or Section 1! hereof shall (e inadmissi(le in evidence against him% &-' )he la# shall provide for penal and civil sanctions for violations of this section as #ell as compensation to and reha(ilitation of victims of torture or similar practices, and their families%$ In the case of .orales, /r% vs% Enrile, et al%, the Supreme "ourt laid do#n the procedure to (e follo#ed in custodial investigations, to #it: $At the time a person is arrested, it shall (e the duty of the arresting officer to inform him of the reason for the arrest and he must (e sho#n the #arrant of arrest, if any% 0e shall (e informed of his constitutional rights to remain silent and to counsel, and that any statement he might make could (e used against him% )he person arrested shall have the right to communicate #ith his la#yer, a relative, or anyone he chooses (y the most e*pedient means 1 (y telephone if possi(le 1 or (y letter or messenger% It shall (e the duty of the arresting officer to see to it that this is accomplished% +o custodial investigation shall (e conducted unless it (e in the presence of counsel engaged (y the person arrested, (y any person on his (ehalf, or appointed (y the court upon petition either of the detainee himself or (y anyone on his (ehalf% )he right to counsel may (e #aived (ut the #aiver shall not (e valid unless made #ith the assistance of counsel% Any statement o(tained in violation of the procedure herein laid do#n, #hether e*culpatory or inculpatory, in #hole or in part, shall (e inadmissi(le in evidence%$ In addition, in the case of 2eople vs .arra, et%al%, the Supreme "ourt defined the meaning of custodial investigation, It held that: $"ustodial investigation involves any 3uestioning initiated (y la# enforcement officers after a person has (een taken into custody or other#ise deprived of his freedom of action in any significant #ay% It is only after the investigation ceases to (e a general in3uiry into an unsolved crime and (egins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule (egins to operate%$ Also, in 2eople vs "amat, et%al%, the "ourt held further that: $As interpreted in the 4urisdiction of their origin, these rights (egin to (e availa(le #here the investigation is no longer a general in3uiry into an unsolved crime (ut has (egan to focus on a particular suspect, the suspect has (een taken into police custody, and the police carry out a process of interrogation that lends itself to eliciting incriminating statements%$

Topic: Warrantless Arrests 5ith the unfolding of events last #eek, many legal 3uestions have cropped up and among these is the issue of #arrantless arrests% 6nder Section 7, 8ule 11, of the 8evised 8ules of "riminal 2rocedure, a peace officer or a private person may, #ithout a #arrant, arrest a person: &a' 5hen, in his presence, the person to (e arrested has committed, is actually committing, or is attempting to commit an offense9 &(' 5hen an offense has in fact 4ust (een committed, and he has personal kno#ledge of facts indicating that the person to (e arrested has committed it9 and &c' 5hen the person to (e arrested is a prisoner #ho has escaped from a penal esta(lishment or place #here he is serving final 4udgment or temporarily confined #hile his case is pending, or has escaped #hile (eing transferred from one confinement to another% In cases falling under paragraphs &a' and &(' hereof, the person arrested #ithout a #arrant shall (e forth#ith delivered to the nearest police station or 4ail, and he shall (e proceeded against in accordance #ith 8ule 112, Section !% )he rationale for #arrantless arrests #as enunciated in the case of :almonte vs%;e :illa &199<' #here the Supreme "ourt held that: $)o hold that no criminal can, in any case, (e arrested and searched for the evidence and tokens of his crime #ithout a #arrant, #ould (e to leave society, to a large e*tent, at the mercy of the shre#dest, the most e*pert, and the most depraved of criminals, facilitating their escape in many instances%$ 6nder Section 7&a' of 8ule 11,, the officer arresting a person #ho has 4ust committed, is committing, or is a(out to commit an offense must have personal kno#ledge of the fact% )he offense must also (e committed in is presence or #ithin his vie#% &Sayo v% "hief of 2olice, < 2hil% 79'% )his is #here the terms $in flagrante delicto$ and $caught in the act$ find application% In arrests #ithout a #arrant under Section 7&(' of 8ule 11,, ho#ever, it is not enough that there is reasona(le ground to (elieve that the person to (e arrested has committed a crime% A crime must in fact or actually have (een committed first% )hat a crime has actually (een committed is an essential precondition% It is not enough to suspect that a crime may have (een committed% )he fact of the commission of the offense must (e undisputed% )he test of reasona(le ground applies only to the identity of the perpetrator% 2arenthetically, it may (e o(served that under the 8evised 8ule 11,, Section 7&(', the officer making the arrest must have personal kno#ledge of the ground therefor as stressed in the case of 2eople v% =urgos% In 2eople vs% .engote &>%8% +o% !<79, /une 22, 1992', the Supreme "ourt held that the accused acts of merely $looking from side to side$ and $holding his a(domen,$ do not constitute enough (asis to implement a #arrantless arrest% )here #as apparently no offense that had 4ust (een committed or #as (eing actually committed or at least (eing attempted (y the accused in the presence of the arresting officers%In this case, the Solicitor >eneral argued that the actual e*istence of an offense #as not necessary as long as .engote's acts $created a reasona(le suspicion on the part of the arresting officers and induced in them the (elief that an offense had (een committed and that the accused?appellant had committed it%$ )he "ourt shot do#n this argument stating that no offense could possi(ly have (een suggested (y a person $looking from side to side$ and $holding his a(domen$ and in a place not e*actly forsaken% In the same case, the "ourt added this caveat:

$It #ould (e a sad day, indeed, if any person could (e summarily arrested and searched 4ust (ecause he is holding his a(domen, even if it (e possi(ly (ecause of a stomach?ache, or if a peace officer?could clamp handcuffs on any person #ith a shifty look on suspicion that he may have committed a criminal act or is actually committing or attempting it% )his simply cannot (e done in a free society% )his is not a police state #here order is e*alted over li(erty or, #orse, personal malice on the part of the arresting officer may (e 4ustified in the name of security%$ )he case of 2eople vs% Alvare@ &1991', illustrates a #arrantless arrest in accordance #ith Section 7&(' of 8ule 11,: $In the instant case, it #as the elder Alvare@ #ho initiated the arrest a day after the crime #as committed% 0aving (een once a policeman, he may (e said to have (een e3uipped #ith kno#ledge of crime detection% And having had the opportunity to o(serve the conduct of the three Appellants, #ho #ere at his house the #hole day follo#ing the commission, it is logical to infer that his act of going to the police, informing them that Appellants #ere the perpetrators of the crime and even fetching them to make the arrest sprang from a #ell?grounded (elief that a crime had (een committed and that Appellants had committed it% In this regard, the arrests #ithout a #arrant #ere validly effected%$ As for cases of re(ellion, the case of 6mil vs% 8amos &1 ! S"8A ,11', clearly states that since re(ellion is a continuing offense, a re(el may (e arrested at any time, #ith or #ithout a #arrant, as he is deemed to (e in the act of committing the offense at any time of the day or night% Topic: Sel !De ense Aur criminal la#s provide for instances #here a person may defend himself and not (e prosecuted for #hat #ould normally (e a criminal action% 6nder Section 1, Article 11 of the 8evised 2enal "ode of the 2hilippines, the follo#ing do not incur any criminal lia(ility: $Anyone #ho acts in defense of his person or rights, provided that the follo#ing circumstances concur9 Birst% 6nla#ful aggression% Second% 8easona(le necessity of the means employed to prevent or repel it% )hird% Cack of sufficient provocation on the part of the person defending himself%$ )he 4ustifying circumstance of self?defense $is an affirmative allegation that must (e proven #ith certainty (y sufficient, satisfactory and convincing evidence that e*cludes any vestige of criminal aggression on the part of the person invoking it%$ &2eople v% +acuspag, 117 S"8A 1!2 D19 2E' 5here the accused has admitted that he is the author of the death of the deceased, it is incum(ent upon the appellant, in order to avoid criminal lia(ility, to prove this 4ustifying circumstance &self?defense' claimed (y him, to the satisfaction of the court% )o do so, he must rely on the strength of his o#n evidence, and not on the #eakness of the prosecution for even if it #ere #eak, it could not (e dis(elieved after the accused admitted the killing% It is (asic that for self?defense to prosper, the follo#ing re3uisites must concur: &1' there must (e unla#ful aggression (y the victim9 &2' that the means employed to prevent or repel such aggression #ere reasona(le9 and &,' that there #as lack of sufficient provocation on the part of the person defending himself% 5e shal no# discuss the follo#ing re3uisites in detail: A% 6nla#ful Aggression:

6nla#ful aggression presupposes an actual or imminent danger on the life or lim( of a person% .ere shouting, intimidating or threatening attitude of the victim, assuming that to (e true, does not constitute unla#ful aggression% 8eal aggression presupposes an act positively strong, sho#ing the #rongful intent of the aggressor, #hich is not merely a threatening or intimidating attitude, (ut a material attack% E*amples are the pointing of a gun or the (randishing of a knife or other deadly #eapon% =% 8easona(le necessity of the means employed: 5hether the means employed is reasona(le or not, #ill depend upon the kind of #eapon of the aggressor, his physical condition, character, si@e, and other circumstances as #ell as those of the person attacked and the time and place of the attack% Although a knife is more dangerous than a clu(, its use is reasona(le if there is no other availa(le means of defense at the disposal of the accused% "% Cack of sufficient provocation on the part of the person defending himself: $Sufficient$ means proportionate to the damage caused (y the act, and ade3uate to stir one to its commission% Imputing to a person the utterance of vulgar language is sufficient provocation% )his element refers to the person defending himself and is essentially insepara(le and co?e*istent #ith the idea of self?defense% Topic: E"#a$stion o A%&inistrati'e Re&e%ies It has (een consistently held (y the Supreme "ourt, in a long line of cases, that (efore a party is allo#ed to seek the intervention of the court, it is a pre?condition that he should have availed of all the means of administrative processes afforded him% 0ence, if a remedy #ithin the administrative machinery can still (e resorted to (y giving the administrative officer concerned every opportunity to decide on a matter that comes #ithin his 4urisdiction, then such remedy should (e e*hausted first (efore the court's 4udicial po#er can (e sought% )he premature invocation of a court's intervention is fatal to one's cause of action as aptly e*plained (y the Supreme "ourt in the case of 6niversity of the 2hilippines v% "atungal, /r%, et al%, &>%8% +o% 121 F,, .ay 7, 199!', to #it: $)he underlying principle of the rule on e*haustion of administrative remedies rests on the presumption that the administrative agency, if afforded a complete chance to pass upon the matter, #ill decide the same correctly% )here are (oth legal and practical reasons for the principle% )he administrative process is intended to provide less e*pensive and more speedy solutions to disputes% 5here the ena(ling statute indicates a procedure for administrative revie# and provides a system of administrative appeal or reconsideration, the courts ? for reasons of la#, comity, and convenience ? #ill not entertain a case unless the availa(le administrative remedies have (een resorted to and the appropriate authorities have (een given an opportunity to act and correct the errors committed in the administrative forum%$ )he rule in administrative la# is that parties re3uesting 4udicial action must first e*haust their remedies in the e*ecutive (ranch% )his is premised not only on practical considerations (ut also on the comity e*isting (et#een different departments of the government, #hich comity re3uires the court to stay their hands until the administrative processes have (een completed% &.adrinan vs% Sinco, 11< 2hil% 1F<' Burther, under the doctrine of e*haustion of administrative remedies, recourse through court action, as a general rule, cannot prosper until all the remedies have (een e*hausted at the administrative level, &2acana vs% "onsun4i, 1< S"8A F,1D19 1E9 2estaGas et al% v% ;yogi, et al%, 1 S"8A 7!- D19! E9 Antonio v% )anco, F7 S"8A -- D19!7E'% )hus, in A(e?A(e et al% v% .anta &9< S"8A 72-, 7,1 D19!9E', the Supreme "ourt emphatically declared: $5hen an ade3uate remedy may (e had #ithin the E*ecutive ;epartment of the government, (ut nevertheless, a litigant fails or refuses to avail himself of the same, the 4udiciary shall decline to interfere% )his traditional attitude of the courts is (ased not only on convenience (ut like#ise on respect9 convenience of the party litigants and respect for a co?e3ual office in the government% If a remedy is availa(le #ithin the administrative machinery, this should (e resorted to (efore resort can (e made to &the' court% &citing "ru@ vs% ;el 8osario, 119 2hil% F,, FF'%$

)here is no 3uestion that a statute may vest e*clusive original 4urisdiction in an administrative agency over certain disputes and controversies falling #ithin the agency's special e*pertise% Bor e*ample, the constitutionality of such grant of e*clusive 4urisdiction to the 0ousing and Cand 6se 8egulatory =oard over cases involving the sale of lots in commercial su(divisions #as upheld in )ropical 0omes Inc% v% +ational 0ousing Authority &172 S"8A 7-< D19 !E' and again sustained in a later decision in Antipolo 8ealty "orporation v% +ational 0ousing Authority &17, S"8A ,99 D19 !E' #here the Supreme "ourt restated that the 0C68= shall have e*clusive 4urisdiction to regulate the real estate trade and (usiness in accordance #ith the terms of 2; 97! #hich defines the 3uantum of 4udicial or 3uasi?4udicial po#ers of the said agency% As a result, the 0C68=, in the e*ercise of its po#ers and functions, is authori@ed to interpret and apply contracts, determine the rights of the parties under these contracts, and even a#ard damages, such as moral and e*emplary, #henever appropriate% )hus, it has (een held that one of the thrusts of the multiplication of administrative agencies is the interpretation of such contracts and agreements and that the determination of private rights under these agreements is no longer a uni3uely 4udicial function% .oreover, if a remedy is very much availa(le #ithin the administrative machinery of the administrative agency, then this alternative should first (e utili@ed (efore resort can (e made to the courts, not only to give the administrative agency the opportunity to decide the matter (y itself correctly, (ut also to avoid the very pernicious evil the doctrine itself seeks to prevent ? the unnecessary and premature resort to courts and the clogging of its dockets% It is also important to note that the primordial effect of non?compliance and failure to e*haust administrative remedies is that it deprives the complainants of a cause of action, #hich is, under the 8ules of "ourt, a ground for a motion to dismiss% Such failure, therefore, is fatal and calls for the dismissal of the case% Topic: Per($r) /oseph Estrada has (een charged #ith this offense (efore the Sandigan(ayan, =ill "linton faced it during the height of his impeachment and senators are accusing #itnesses of committing this crime in their hearings% 5ith all the fuss it has generated, it is no #onder #hy per4ury is on every(ody's mind these days% 5hat is per4ury any#ayH )his offense, as defined in Article 1 , of the 8evised 2enal "ode is the #illful and corrupt assertion of a falsehood under oath or affirmation administered (y authority of la# on a material matter% )he said article provides: $ )he penalty of arresto mayor in its ma*imum period to prision correccional in its minimum period shall (e imposed upon any person #ho, kno#ingly making untruthful statements and not (eing included in the provisions of the ne*t preceding articles, shall testify under oath or make an affidavit upon any material matter (efore a competent person authori@ed to administer an oath in cases in #hich the la# so re3uires% Any person #ho, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section shall suffer the respective penalties provided therein%$ )he elements of the crime of per4ury are: &a' )hat the accused made a statement under oath or e*ecuted an affidavit upon a material matter%

&(' )hat the statement or affidavit #as made (efore a competent officer, authori@ed to receive and administer oath% &c' )hat in that statement or affidavit, the accused made a #illful and deli(erate assertion of a falsehood% &d' )hat the s#orn statement or affidavit containing the falsity is re3uired (y la# or made for a legal purpose% .aterial matter is the main fact #hich is the su(4ect of the in3uiry, or any circumstances #hich tends to prove the fact, or any fact or circumstance #hich tends to corro(orate or strengthen the testimony relative to the su(4ect of the in3uiry, or #hich legitimately affects the credit of any #itness #ho testified% DISTINCTIONS *ETWEEN FALSE TESTI+ON, AND PER-UR,: Balse testimony is given in the course of a 4udicial proceeding and contemplates an actual trial #here 4udgement of conviction or ac3uittal is rendered and not merely a preliminary investigation% An the other hand, per4ury is any #illful and corrupt assertion of falsehood on a material matter under oath and not given in 4udicial proceedings% It may (e committed even during a preliminary investigation as #ell as in the making of a false affidavit under oath on a material matter #hen re3uired (y la#%

Topic: GUIDELINES ON DECLARATION OF NULLIT, OF +ARRIAGE *ASED ON ARTICLE ./ OF THE FA+IL, CODE 0PS,CHOLOGICAL INCAPACIT,1 &1' )he (urden of proof to sho# the nullity of the marriage (elongs to the plaintiff% And dou(t should (e resolved in favor of the e*istence and continuation of the marriage and against its dissolution and nullity% )his is rooted in the fact that (oth our "onstitution and our la#s cherish the validity of marriage and unity of the family% )hus, our "onstitution devotes an entire Article on the Bamily, recogni@ing it $as the foundation of the nation%$ It decrees marriage as legally $inviola(le,$ there(y protecting if from dissolution at the #him of the parties% =oth the family and marriage are to (e $protected$ (y the state% )he Bamily "ode echoes this constitutional edict on marriage and the family and emphasi@es their permanence, inviola(ility and solidarity%

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)he root cause of the psychological incapacity must (e &a' medically or clinically identified, &(' alleged in the complaint, &c' sufficiently proven (y e*perts and &d' clearly e*plained in the decision% Article ,F of the Bamily "ode re3uires that the incapacity must (e psychological ? not physical, although its manifestations andIor symptoms may (e physical% )he evidence must convince the court that the parties, or one of them, #as mentally or psychologically ill to such an e*tent that the person could not have kno#n the o(ligations he #as assuming, or kno#ing them, could not have given valid assumption thereof% Although no e*ample of such incapacity need (e given here so as not to limit the application of the provision under the principle of e4usdem generis, nevertheless such root cause must (e identified as a psychological illness and its incapacitating nature fully e*plained% E*pert evidence may (e given (y 3ualified psychiatrists and clinical psychologists%

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)he incapacity must (e proven to (e e*isting at $the time of the cele(ration$ of the marriage% )he evidence must sho# that the illness #as e*isting #hen the parties e*changed their $I do's%$ )he manifestation of the illness need not (e perceiva(le at such time, (ut the illness itself must have attached at such moment, or prior thereto%

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Such incapacity must also (e sho#n to (e medically or clinically permanent or incura(le% Such incura(ility may (e a(solute or even relative only in regard to the other spouse, not necessarily a(solutely against everyone of the same se*% Burthermore, such incapacity must (e relevant to the assumption of marriage o(ligations, not necessarily to those not related to marriage, like the e*ercise of a profession or employment in a 4o(% 0ence, a pediatrician may (e effective in diagnosing illnesses of children and prescri(ing medicine to ensure them (ut may not (e psychologically capacitated to procreate, (ear and raise hisIher o#n children as an essential o(ligation of marriage%

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Such illness must (e grave enough to (ring a(out the disa(ility of the party to assume the essential o(ligations of marriage% )hus, $mild characteriological peculiarities, mood changes, occasional emotional out(ursts$ cannot (e accepted as root causes% )he illness must (e sho#n as do#nright incapacity or ina(ility, not a refusal, neglect or difficulty, much less ill #ill% In other #ords, there is a natal or supervening disa(ling factor in the person an, adverse integral element in the personality structure that effectively incapacitates theperson from really accepting and there(y complying #ith the o(ligations essential to marriage%

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)he essential marital o(ligations must (e those em(raced (y Articles F up to !1 of the Bamily "ode as regards the hus(and and #ife as #ell as Articles 22<, 221 and 227 of the same "ode in regard to parents and their children% Such non?complied marital o(ligation&s' must also (e stated in the petition, proven (y evidence and included in the te*t of the decision%

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Interpretations given (y the +ational Appellate .atrimonial )ri(unal of the "atholic "hurch in the 2hilippines, #hile not controlling or decisive, should (e given great respect (y our courts% It is clear that Article ,F #as taken (y the Bamily "ode 8evision "ommittee from "anon 1<97 of the +e# "ode of "anon Ca#, #hich (ecame effective in 19 , and #hich provides: $)he follo#ing are incapa(le of contracting marriage: )hose #ho are una(le to assume the essential o(ligations of marriage due to causes of psychological nature%$ Since the purpose of including such provision in our Bamily "ode is to harmoni@e our civil la#s #ith the religious faith of our people, it stands to reason that to achieve such harmoni@ation, great persuasive #eight should (e given to decisions of such

appellate tri(unal% Ideally ? su(4ect to our la# on evidence ? #hat is decreed as canonically invalid should also (e decreed civilly void% )his is one instance #here, in vie# of the evidence source and purpose of the Bamily "ode provision, contemporaneous religious interpretation is to (e given persuasive effect% 0ere, the State and the "hurch ? #hile remaining independent, separate and apart from each other shall #alk together in synodal cadence to#ards the same goal of protecting and cherishing marriage and the family as the inviola(le (ase of the nation% & ' )he trial court must order the prosecuting attorney or fiscal and the Solicitor >eneral to appear as counsel for the state% +o decision shall (e handed do#n unless the Solicitor >eneral issues a certification, #hich #ill (e 3uoted in the decision, (riefly stating therein his reasons for his agreement or opposition, as the case may (e, to the petition% )he Solicitor >eneral, along #ith the prosecuting attorney, shall su(mit to the court such certification #ithin fifteen &17' days from the date the case is deemed su(mitted for resolution of the court% )he Solicitor >eneral shall discharge the e3uivalent function of the defensor vinculi contemplated under "anon 1<97%