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Bill of Rights (1987 Philippine Constitution) .

Section-I 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. .
Life is not limited to the literal meaning of life. It includes the right of individual
to its body in its completeness, free from dismemberment, and extends to God-given
faculties which makes life enjoyable. Liberty - the right to exist and right to be free
from personal restraint or servitude, the right to contract, the right to choose ones
employment, the right to labor etc. .
Property - refers to anything that can come under the right of ownership and be
subject of contract.
Due Process of Law - It is a legal maxims which hears before it condemns and
renders judgment only after trial. .
Two (2) Aspects of Due Process
Procedural Due Process The manner or procedure which must be followed in the
enforcement or application of law.
Substantive Due Process This means that the law to be applied is valid, just and
not arbitrary. .
Equal Protection of Law - It means that all persons or things similarly situated
should be treated alike both as to rights conferred and responsibilities imposed. .
Sample Case : If A is a doctor who earns Php. 35,000/month, and B a teacher who
is earning 12,000/month, if they will be taxed with the same amount of Php.
800/month, is it just and fair? Does this observed Equal Protection of the Law?
Answer : No. It is unjust and unfair to impose the same amount of tax to two (2)
different individuals who have different monthly income. .
Crimes Against Persons .
Parricide
Murder
Homicide
Death
Cause in a Tumultuous Affray
Physical injuries inflicted in a tumultuous affray
Giving Assistance to Suicide
Discharge of Firearms
Infanticide and Abortion Intentional Abortion Unintentional Abortion Abortion
practiced by the woman herself of by her parents Abortion practiced by a physician
or midwife and dispensing of abortives. Duel
10. Crimes Against Persons .Physical Injuries Mutilation Serious Physical Injuries
Administering injurious substances or beverages Less serious physical injuries.
Slight physical injuries and maltreatment
Art. 246 (Revised Penal Code) Parricide Any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death.
Art. 248 (RPC) Murder Any person who shall kill another, shall be guilty of murder
and shall be punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:
With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity. In consideration of a price, reward, or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
On occasion of any of the calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity. With evident premeditation. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or scoffing at his person or
corpse.
Art. 249 (RPC) Homicide Any person who, not falling within the provisions of
Article 246, shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and be
punished by reclusion temporal.
Art. 251 (RPC) Death caused in a tumultuous affray When, while several persons,
not composing groups organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault each other in a confused and
tumultuous manner, and in the course of the affray someone is killed, and it cannot
be ascertained who actually killed the deceased, but the person or persons who
inflicted serious physical injuries can be identified, such person or persons shall be
punished by prision mayor.
Art. 252 (RPC) Physical injuries inflicted in a tumultuous affray When in a
tumultuous affray as referred to in the preceding article, only serious physical injuries
are inflicted upon the participants thereof and the person responsible thereof cannot
be identified, all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that provided for the
physical injuries so inflicted.
Art. 253 (RPC) Giving assistance to suicide Any person who shall assist another
to commit suicide shall suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing himself, he shall suffer the
penalty of reclusion temporal. However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and maximum periods, shall be imposed.
Art. 254 (RPC) Discharge of firearms Any person who shall shoot at another with
any firearm shall suffer the penalty of prision correccional in its minimum and
medium periods, unless the facts of the case are such that the act can be held to
constitute frustrated or attempted parricide, murder, homicide or any other crime for
which a higher penalty is prescribed by any of the articles of this Code
Art. 255 (RPC) Infanticide The penalty provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any person who shall kill any child less
than three days of age. If the crime penalized in this article be committed by the
mother of the child for the purpose of concealing her dishonor, she shall suffer the
penalty of prision correccional in its medium and maximum periods, and if said crime
be committed for the same purpose by the maternal grandparents or either of them,
the penalty shall be prision mayor.
Art. 256 (RPC) Intentional abortion Any person who shall intentionally cause an
abortion. Art. 257 (RPC) Unintentional abortion The penalty of prision
correccional in its minimum and medium period shall be imposed upon any person
who shall cause an abortion by violence, but unintentionally. Art. 258 (RPC) Abortion
practiced by the woman herself of by her parents The penalty of prision
correccional in its medium and maximum periods shall be imposed upon a woman
who shall practice abortion upon herself or shall consent that any other person
should do so.
Art. 259 (RPC) Abortion practiced by a physician or midwife and dispensing of
abortives The penalties provided in Article 256 shall be imposed in its maximum
period, respectively, upon any physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion or assist in causing the same.
Art. 257 (RPC) Unintentional abortion The penalty of prision correccional in its
minimum and medium period shall be imposed upon any person who shall cause an
abortion by violence, but unintentionally. Art. 258 (RPC) Abortion practiced by the
woman herself of by her parents The penalty of prision correccional in its medium
and maximum periods shall be imposed upon a woman who shall practice abortion
upon herself or shall consent that any other person should do so.
Question: A thought of killing B. He positioned himself at one corner where B would
usually pass. When a figure resembling B was approaching, A hid and when that
figure was near him, he suddenly hit him with a piece of wood on the nape, killing
him. But it turned out that it was his own father. What was the crime committed by
A? Answer: The crime committed is parricide, although what was intended was
homicide. A crime was committed different from that which was intended.
Question: A and B were lovers. B was willing to marry A except that A is already
married. A thought of killing his wife. He prepared her breakfast every morning, and
every morning, he placed a little dose of arsenic poison into the breakfast of the wife.
The wife consumed all the food prepared by her husband including the poison but
nothing happened to the wife. Because of the volume of the household chores that
the wife had to attend to daily, she developed a physical condition that rendered her
so strong and resistance to any kind of poisoning, so the amount of poison applied
to her breakfast has no effect to her. Is there an impossible crime?
Answer: No impossible crime is committed because the fact itself stated that what
prevented the poison from taking effect is the physical condition of the woman. So it
implies that if the woman was not of such physical condition, the poison would have
taken effect. Hence, it is not inherently impossible to realize the killing. The crime
committed is frustrated parricide.
Question: A thought of having her husband killed because the latter was maltreating
her. She hired some persons to kill him and pointed at her husband. The goons got
hold of her husband and started mauling him. The wife took pity and shouted for
them to stop but the goons continued. The wife ran away and was prosecuted for
parricide. Can the wife be convicted for parricide?
Answer: No. Because there was desistance on the part of the wife. The presence of
desistance will exempt her from parricide. Desistance negates criminal liability.
Act of Desistance .The Supreme Court has ruled that one who desisted is not
criminally liable. When a person has set foot to the path of wickedness and brings
back his foot to the path of righteousness, the law shall reward him for doing so.
Desistance on the part of the offender negates criminal liability in the attempted
stage. Desistance is true only in the attempted stage of the felony. If under the
definition of the felony, the act done is already in the frustrated stage, no amount of
desistance will negate criminal liability.
Act of Desistance .The spontaneous desistance of the offender negates only the
attempted stage but not necessarily all criminal liability. Even though there was
desistance on the part of the offender, if the desistance was made when acts done
by him already resulted to a felony, that offender will still be criminally liable for the
felony brought about his act. What is negated is only the attempted stage, but there
may be other felony constituting his act.
Illustrations: .A fired at B and B was hit on the shoulder. But B's wound was
not mortal. What A then did was to approach B, and told B, Now you are dead, I will
kill you. But A took pity and kept the revolver and left. The crime committed is
attempted homicide and not physical injuries, because there was an intention to kill.
The desistance was with the second shot and would not affect the first shot because
the first shot had already hit B. The second attempt has nothing to do with the first.
Question: In another instance, A has a very seductive neighbor in the person of B. A
had always been looking at B and had wanted to possess her but their status were
not the same. One evening, after A saw B at her house and thought that B was
already asleep, he entered the house of B through the window to abuse her. He,
however, found out that B was nude, so he lost interest and left. Can A be accused
of attempted rape?
Answer: No, because there was desistance, which prevented the crime from being
consummated. The attempted stage was erased because the offender desisted after
having commenced the commission of the felony.
Answer: The attempted felony is erased by desistance because the offender
spontaneously desisted from pursuing the acts of execution. It does not mean,
however, that there is no more felony committed. He may be liable for a
consummated felony constituted by his act of trespassing. When A entered the
house through the window, which is not intended for entrance, it is always presumed
to be against the will of the owner. If the offender proceeded to abuse the woman,
but the latter screamed, and A went out of the window again, he could not be
prosecuted for qualified trespass. Dwelling is taken as an aggravating circumstance
so he will be prosecuted for attempted rape aggravated by dwelling.
Crimes Against Liberty
Kidnapping and serious illegal detention
o Any private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, shall suffer the penalty of
reclusion perpetua to death: If the kidnapping or detention shall have
lasted more than five days. If it shall have been committed simulating
public authority. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained; or if threats to kill him
shall have been made. If the person kidnapped or detained shall be a
minor, female or a public officer
Slight Illegal Detention
o The penalty of reclusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the next preceding
article without the attendance of any of circumstances enumerated
therein.

Unlawful Arrest
o The penalty of arresto mayor and a fine not exceeding 500 pesos shall
be imposed upon any person who, in any case other than those
authorized by law, or without reasonable ground therefore, shall arrest
or detain another for the purpose of delivering him to the proper
authorities.
Inducing minor to abandon his home
o The penalty of prision correccional and a fine not exceeding seven
hundred pesos shall be imposed upon anyone who shall induce a
minor to abandon the home of his parent or guardians or the persons
entrusted with his custody.
Slavery
o The penalty of prision mayor and a fine of not exceeding 10,000 pesos
shall be imposed upon anyone who shall purchase, sell, kidnap or
detain a human being for the purpose of enslaving him.

Exploitation of Child Labor Services rendered under compulsion in payment
of debt
o The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon anyone
who, under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of a minor,
shall, against the latters will, retain him in his service. Services
rendered under compulsion in payment of debt The penalty of
arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon any person who, in order to
require or enforce the payment of a debt, shall compel the debtor to
work for him, against his will, as household servant or farm laborer.
Crimes Against Property
Robbery
Brigandage
Theft
Usurpation (Occupation of real property or usurpation of real rights in
property)
Altering boundaries or landmarks Culpable Insolvency (Fraudulent
insolvency)
Swindling (Estafa) Chattel Mortgage (Removal, sale or pledge of mortgaged
property)
Arson
Malicious Mischief


Exemptions from Criminal Liability in Crimes Against Property
Spouses, ascendants and descendants, or relatives by affinity in the same line.
The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another; and
Brothers and sisters and brothers-in-law and sisters-in-law, if living together. The
exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.

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 persons or things to be seized.
Protection against unwanted searches & arrest
Basis of Warrant: Probable Cause
Warrant must always be Specific


Section 3. 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.
Every person has the right to keep his communication or correspondence a secret. His
communication with others by phone or by letter is a personal or private matter that nobody
should intrude upon. But this right can be lawfully suspended upon order of the court if the
safety and security of the people is at stake.
Illustration: A telephone conversation between two (2) drug pushers secretly recorded by
police officers by tapping its wire without court order is not acceptable. As evidence in court
due to the privacy of communication enshrined in the Philippine Constitution. However,
recording of conversation through telephone extension is not a violation of the Anti-Wire
Tapping Law.



Section-4 No law shall be passed abridging the freedom of speech, of
expression, or of the press or the right of the people peaceably to assemble
and petition the government for redress of grievances
Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa pananalita, pagpapahayag,
o ng pamamahayag, o sa karapatan ng mga taong-bayan na mapayapang makapag-tipon at
magpetisyon sa pamahalaan upang ilahad ang kanilang mga karaingan.
Freedom of Speech;
o means an individual is free to speak or utter whatever he wants without
prior restraint
Right to a Free Press;
o means an individual is free to write, publish, and circulate whatever he
pleases without restraint
Freedom of Assembly;
o refers mainly to peaceful demonstrations related to public affairs.

The Right of Petition
o to take up ones grievances with government without fear of
persecution
o
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 tests shall be allowed for the exercise of civil
or political rights..
Hindi dapat magbalangkas ng batas para sa pagtatatag ng relihiyon, o nagbabawal sa
malayang paggamit nito. Dapat ipahintulot magpakailanman ang malayang paggamit at
pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o pamimili.
Hindi dapat kailanganin ang pagsusulit pangrelihiyon sa paggamit ng karapatang sibil o
pampulitika
This provision is an implement to the doctrine of separation of church and state. However,
the members of a religious organization cannot use religious profession as a justification in
committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not
immune from criminal suit.



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.
The right to travel shall not impaired except in the interest of national security,
public safety, or public health, as may be provided by law
Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng tirahan sa saklaw ng
mga katakdaang itinatadhana ng batas maliban sa legal na utos ng hukuman. Ni hindi dapat
bawalan ang karapatan sa paglalakbay maliban kun para sa kapakanan ng kapanatagan ng
bansa, kaligtasang pambayan, o kalusugang pambayan ayon sa maaaring itadhana ng batas.

Section-7 (Right to Information) The right of the people to information on
matters of public concern shall be recognized. Access to official records, and
to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy
development shall be afforded to the citizens, subject to such limitations as
may be provided by law.
Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa mga bagay-bagay
na may kinalaman sa tanan. Ang kaalaman sa mga opisyal na rekord, at sa mga dokumento at
papeles tungkol sa mga opisyal na gawain, transaksyon, o pasya, gayon din sa mga datos sa
pananaliksik ng pamahalaan na pinagbabatayan ng patakaran sa pagpapaunlad ay dapat
ibigay sa mamamayan sa ilalim ng mga katakdaang maaaring itadhana ng batas.
Freedom of the Press and freedom of access to information bearing on governmental
decision are fundamental elements of Popular Sovereignty .
People have access to public records such as records of a case in court subject to
reasonable rules and regulations, except when it is very clear that the purpose of
examination of public record is unlawful, sheer or idle curiosity. It is not the duty of the
custodians of the records to concern themselves with the motives, reasons, and objects of
the person seeking access to such documents or information.





Section-8 (The Right to Form Union) 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.
Hindi dapat hadlangan ang karapatan ng mga taong-bayan kabilang ang mga naglilingkod
sa publiko at pribadong sektor na magtatag ng mga asosasyon, mga unyon, o mga kapisanan
sa mga layuning hindi lalabag sa batas.
Unionism is a necessity to place employees or labor sectors to the bargaining levels
same as that of their employers in relation to negotiations of terms and conditions of
employment. However, while employees in the public sector may form a union, they are
not entitled to stage strike to press their demands to improve the terms and conditions of
their employment.
Under the constitution, no money from the National Treasury shall be spent except in
accordance with appropriation by law. Improving the economic conditions of employees
in the public sector requires spending of public money. Change in the terms of
government employees can only be realized through law.
Question: If a public and private company has required every employee to sign an
agreement as part of his employment contract that he will not join any labor unions,
societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine
Constitution?
Answer: Yes. It is a form of unfair labor practice.
If public employees are prohibited to go on strike, the essence of forming unions in
government entities show lack of logic. It is also a clear suppression to their right for
redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine
Constitution.
Section-9 (The Right to Just Compensation) Private property shall not be
taken for public use without just compensation.
Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit pambayan nang walang
wastong kabayaran.
This is in connection with the inherent rights of the state, specifically, the Right of
Eminent Domain . Just compensation - the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market-value at the
time of the taking.


Section-10 (Non-Impairment Clause) No law impairing the obligation of
contracts shall be passed.
Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.
Discusses the sanctity of contracts and obligations; Laws affecting contracts cannot be
applied retroactively; all contracts illegal in nature are non-binding.
Note: A contract is a meeting of minds between parties with respect to rendition of
service or performance of obligation to give something, Government is prohibited from
interfering with agreement of parties since it is considered as a law between the
contracting parties.
Section-11 (Free Access to Court) Free access to courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by
reason of poverty.
Hindi dapat ipagkait sa sinumang tao ang malayang pagdulog sa mga hukuman at sa mga
kalupunang mala-panghukuman at sa sapat na tulong pambatas nang dahil sa karalitaan.
Note: If the accused cannot afford to hire a lawyer to defend his case, the government
shall provide one for him. He shall be assisted and represented by a public prosecutor and
a counsel from the Public Attorneys Office, respectively.
Integrated Bar of the Philippines (IBP) is giving free legal assistance to underprivileged
litigants. A person who, due to poverty, cannot pay docket fee in civil case may apply in
court to file his case as a pauper litigant .
Section-12 (Right of Person under Custodial Investigation)
(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.
Ang sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat magkaroon ng
karapatang mapaliwanagan ng kanyang karapatang magsawalang-kibo at magkaroon ng
abogadong may sapat na kakayahan at kanyang personal na pinili. Kung hindi niya
makakayanan ang paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi
maiuurong ang mga karapatang ito maliban kung nakasulat at sa harap ng abogado.

(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free shall be used against him. Secret detention places,
solitary, incommunicado or other similar forms of detention are prohibited.
Hindi siya dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot,
pagbabanta, o anumang paraaan na lalabag sa kanyang malayang pagpapasya.
Ipinagbabawal ang mga lihim na kulungan, solitaryo, ingkomunikado, o iba pang katulad
ng anyo ng detensyon.
(3) Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him.
Hindi dapat tanggaping ebidensya laban sa kanya ang anumang pagtatapat o pag-amin
na nakuha nang labag sa seksyong ito o sa seksyong labing-pito.
(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.
Dapat magtadhana ang batas ng mga kaparusahang penal at sibil sa mga paglabag sa
seksyong ito at gayundin ng bayad-pinsala at rehabilitasyon sa mga biktima ng labis na
mga paghihirap o katulad ng mga nakagawian, at sa kanilang mga pamilya.
This section stresses the following:
Miranda Rights/Rules;
Permissible use of Police Power;
Admissible confessions; and
The right to redress in the event of a violation of these rights.








Section-13 (The Right to Bail & Against Excessive Bail) All persons, except
those charged with offenses punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by sufficient securities,
or be released on recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Ang lahat ng mga tao, maliban sa mga nahahabla sa mga paglabag na pinarurusahan ng
reclusion perpetua kapag matibay ang ebidensya ng pagkakasala, bago mahatulan, ay
dapat mapiyansahan ng sapat ng pyador, o maaaring palayain sa bisa ng panagot ayon sa
maaaring itadhana ng batas. Hindi dapat bawalan ang karapatan sa piyansa kahit na
suspendido ang pribilehiyo ng writ of habeas corpus . Hindi dapat kailanganin ang
malabis na piyansa.

Bail is the security (usually a deposit of money) required by a court for the temporary
release of a person who is in the custody of the law provided that his appearance in trials
may be ensured. Excessive Bail is prohibited because that is the same as denying the
right to post bail.
Writ of Habeas Corpus is an order issued by a court of competent jurisdiction, directed
to the person detaining another, commanding him to produce the body of the prisoner at a
designated time and place and to show sufficient cause for holding in custody the
individual so detained.
Non-Bailable Crimes
o Kidnapping;
o Murder;
o Rape;
o Drug-Pushing;
o Carnapping;
o Or Crimes Under the Heinous Crime Law, Plunder Law and Dangerous Drugs
Law.







Section-14 (Rights of the Accused)
(1) No person shall be held to answer for a criminal offense without due
process of law. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved.
Hindi dapat papanagutin sa pagkakasalang kriminal ang sinumang tao nang hindi
kaparaanan ng batas. Ang mga akusado ay itinuturing na inosente hanggat hindi
napapatunayan.
(2) In all criminal prosecutions, shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence
of the accused provided that he has been duly notified and his failure to
appear is justifiable.
Ang nasasakdal ay dapat magtamasa ng karapatang magmatwid sa pamamagitan ng
sarili at ng abogado, mapaliwanagan ng uri at dahilan ng sakdal laban sa kanya,
magkaroon ng mabilis, walang kinikilingan, at hayagan paglitis, makaharap ang mga
testigo, magkaroon ng sapilitang kaparaanan upang matiyak ang pagharap ng mga testigo
sa paglilitaw ng ebidensyang para sa kanyang kapakanan. Gayunman, matapos mabasa
ang sakdal, maaring ituloy ang paglilitis kahit wala ang nasasakdal sa pasubaling marapat
na naipaalam sa kanya ang paglilitis sat di-makatwiran ang kanyang kabiguang
humarap.
This Section Observes the Following:
Right to Due Process of Law in Criminal Cases;
Innocent Until Proven Guilty;
The Right to Confront Ones Accuser; and
Basis for Trials in Absentia.





Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion, when the public safety requires it.
Writ of Habeas Corpus
o An order demanding to produce the body of a detained prisoner
o Similarly Demands that sufficient cause be shown for keeping the
individual in custody
Limitation of the Writ
Rebellion or Invasion

Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
o The Right to a Speedy Trial
o Justice Delayed is Justice Denied

Section 17. No person shall be compelled to be a witness against himself.
o Affirms the Right of the Accused to Remain Silent

Section 18.
1. No person shall be detained solely by reason of his political beliefs and
aspirations

o Freedom from political persecution


2. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted

o Freedom from Force Labor unless a punishment arising from a
condition


Section 19.
1. Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
o Right Against Excessive Fines

The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

o Right to Reasonable & Humane Punishment

Section 20. No person shall be imprisoned for debt or non-payment of a poll
tax.
Freedom from Debtors Prison
o Ensures one is not punished due to Poverty
o State Power should not be used to coerce payment of debts.
Poll Tax
o Fixed, Residence Tax

Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Priniciple of Double Jeopardy
A person tried for an offense cannot be tried/punished for that same
offense when judgement has been passed.
Protects against undue persecution under the law.



Section 22. No ex post facto law or bill of attainder shall be enacted.
Protection from Retroactive Laws

Ex Post Facto - arising after the fact

Bill of Attainder legislative act that inflicts punishment without a trial.





















LAWYER'S OATH

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support
the Constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or
willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same;
I will delay no man for money or malice, and will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I
impose upon myself these voluntary obligations without any mental reservation or purpose of
evasion. So help me God.

















LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owes to the
court, to the client, to his colleagues in the profession and to the public as embodied in the
Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics,
jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics2
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications
Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BAR V. BENCH
BAR Refers to the whole body of attorneys and body of judges.
BENCH denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law any activity, in or out of court which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to give notice or
render any kind of service, which or devise or service requires the use in any degree of legal knowledge
or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are
licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar
duties, responsibilities, and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil.
729).
Attorney in fact an agent whose authority is strictly limited by the instrument appointing him, though
he may do things not mentioned in his appointment necessary to the performance of the duties
specifically required of him by the power of attorney appointing him, such authority being necessarily
implied. He is not necessarily a lawyer.
Counsel de Oficio a counsel, appointed or assigned by the court, from among members of the Bar in
good standing who, by reason of their experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may appoint any person,
resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule
116, Rules of Court.
Attorney ad hoc a person named and appointed by the court to defend an absentee defendant in the
suit in which the appointment is made (Bienvenu v. Factors of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record one who has filed a notice of appearance and who hence is formally mentioned in
court records as the official attorney of the party. Person whom the client has named as his agent upon
whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel to distinguish them from attorneys of record, associate attorneys are referred to as of
counsel (5 Am. Jur. 261).
Lead Counsel The counsel on their side of a litigated action who is charged with the principal
management and direction of a partys case.
House Counsel Lawyer who acts as attorney for business though carried as an employee of that
business and not as an independent lawyer.
Bar Association an association of members of the legal profession.
Advocate The general and popular name for a lawyer who pleads on behalf of someone else.
Barrister (England) a person entitled to practice law as an advocate or counsel in superior court.
Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and
business correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado it means not mere possession of the academic degree of Bachelor of Laws but
membership in the Bar after due admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution,
under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function
to admit candidates to the legal profession.
The Bar Examination Committee:
Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of
the bar.
The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the
other hand, and the individual members of the committee on the other. He is at the same time
a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.
Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND
MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient
administration of justice. (In Re: Argosino, 1997).
Requirements for admission to the Bar:
1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.
Requirement of Good Moral Character: a continuing requirement; good moral character is not only a
condition precedent for admission to the legal profession, but it must also remain intact in order to
maintain ones good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1. a bachelors degree in arts and sciences (pre-law course)
2. a completed course in:
1. civil law
2. commercial law
3. remedial law
4. public international law
5. private international law
6. political law
7. labor and social legislation
8. medial jurisprudence
9. taxation
10. legal ethics
Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not
available: the judge may appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7,
RRC).
4. Legal Aid Program A senior law student, who is enrolled in a recognized law schools clinical
education program approved by the supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the Legal Clinic of the law school. The
student shall be under the direct supervision and control of an IBP member duly accredited by
the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members thereof (Art 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act
no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of Law in the Philippines:
1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec.
15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2
nd
par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1. 1. No Senator as member of the House of Representative may personally appear as counsel
before any court of justice as before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their
professions provided that if they are members of the Bar, they shall not:
1. appear as counsel before any court in any civil case wherein a local government unit or
any office, agency, or instrumentality of the government is the adverse party;
2. appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;
3. collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official;
4. use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the
government, cannot act as counsel in any civil case in which the Government, or any of its
subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee
of the Government is accused of an offense in relation to his office.
Attorneys Oath:
I, __________________, do solemnly swear that I will maintain allegiance to the Republic of
the Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will
not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fidelity as well to the court as to
my clients; and I impose upon myself this voluntary obligations without any mental reservation or
purpose of evasion. So help me God. (Form 28, RRC)
Nature of Lawyers Oath
The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be
upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh
his actions according to the sworn promises he made when taking the lawyers oath. (In Re:
Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
Code of Professional Responsibility
Chapter 1:
Lawyer and Society
CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for
law and for legal processes
Duties of Attorneys:
1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines;
2. to observe and maintain the respect due to the courts of justice and judicial officers;
3. to counsel or maintain such actions or proceedings only as appear to him as just, and such
defenses only as he believes to be honestly debatable under the laws;
4. to employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
5. to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his clients business except from him
or with his knowledge and approval;
6. to abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
7. not to encourage either the commencement or the continuance of an action or proceeding, or
delay any mans cause for any corrupt motive or interest;
8. never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
9. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits,
to the end that no person may be deprived of life or liberty, but by due process of law.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Conviction for crimes involving moral turpitude a number of lawyers have been suspended or
disbarred for conviction of crimes involving moral turpitude such as:
1. estafa
2. bribery
3. murder
4. seduction
5. abduction
6. smuggling
7. falsification of public documents
Morality as understood in law - This is a human standard based on natural moral law which is
embodied in mans conscience and which guides him to do good and avoid evil.
Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals.
Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community (Arciga vs.
Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT
or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members
of the community. (Narag vs. Narag, 1998)
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding
or delay any mans cause.
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will
admit of a fair settlement.
If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise the latter
to acquiesce and submit, rather than traverse the incontrovertible.
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases
where the blood, relationship or trust makes it his duty to do so.
Temper clients propensity to litigate.
Should not be an instigator of controversy but a mediator for concord and conciliator for
compromise.
The law violated need not be a penal law. Moral Turpitude everything which is done
contrary to justice, honesty, modesty or good morals.
Give advice tending to impress upon the client and his undertaking exact compliance with the
strictest principles of moral law.
Until a statute shall have been construed and interpreted by competent adjudication, he is free
and is entitled to advise as to its validity and as to what he conscientiously believes to be its just
meaning and extent.
A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and
ambulance chasing.
Barratry offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise; Lawyers act of fomenting suits among individuals and offering his legal services to
one of them.
Ambulance Chasing Act of chasing victims of accidents for the purpose of talking to the said
victims (or relatives) and offering his legal services for the filing of a case against the person(s)
who caused the accident(s).
CANON 2 A lawyer shall make his legal services available in an efficient
and convenient manner compatible with the independence, integrity and
effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or
oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse to render
legal advise to the person concerned if only to the extent necessary to safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.
Primary characteristics which distinguish the legal profession from business;
1. duty of service, of which the emolument is a by product, and in which one may attain the
highest eminence without making such money;
2. a relation as an officer of court to the administration of justice involving thorough sincerity,
integrity and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort
to current business methods of advertising and encroachment on their practice or dealing with
their clients.
Defenseless not in the position to defend themselves due to poverty, weakness, ignorance or
other similar reasons.
Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of
authority.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement
possible is the establishment of a well-merited reputation for professional capacity and fidelity
to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements
for professional employment, such as furnishing or inspiring newspaper comments, or procuring his
photograph to be published in connection with causes in which the lawyer has been engaged or
concerning the manner of their conduct, the magnitude of the interest involved, the importance of the
lawyers position, and all other self-laudation.
Exceptions/ Permissible advertisements:
1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the
canons, of brief biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the
law firm which he is connected with, address, telephone number and the special branch of law
practiced.
3. A simple announcement of the opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the convenience of the profession, is not
objectionable.
4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted
anywhere it is proper such as his place of business or residence except courtrooms and
government buildings.
5. Advertisements or announcement in any legal publication, including books, journals, and legal
magazines.
Rule 2.04 A lawyer shall not charge rates lower than those customarily or prescribed, unless
circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between parties,
just because his attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented. But in case where lawyer is confronted
with an emergency and prompt/urgent action is necessary to protect clients interest and theres
no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor
CANON 3 A lawyer in making known is legal services shall use only true, honest, fair dignified and
objective information or statement of facts.
Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-auditory or unfair statement or claim regarding his qualifications or
legal services.
Violation of Rule 3.01 is unethical, whether done by him personally or through another with his
permission.
Rule 3.02 In the choice of a firm name, no false, misleading, or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in
all its communication that said partner is deceased.
Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name
shall be dropped from the firm name unless the law allows him to practice law concurrently.
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
It is unethical to use the name of a foreign firm.
Death of a partner does not extinguish attorney-client relationship with the law firm.
Negligence of a member in the law firm is negligence of the firm.
CANON 4 A lawyer shall participate in the improvement of the legal system by initiating or
supporting efforts in law reform and in the administration of justice.
Examples: Presenting position papers or resolutions for the introduction of pertinent bills in
congress; Petitions with the Supreme Court for the amendment of the Rules of Court.
CANON 5 A lawyer shall keep abreast of legal developments, participate in continuing legal
education programs, support efforts to achieve high standards in law schools as well as in the
practical training of students and assist in disseminating information regarding the law and
jurisprudence.

Objectives of integration of the Bar
To elevate the standards of the legal profession
To improve the administration of justice
To enable the Bar to discharge its responsibility more effectively.
The three-fold obligation of a lawyer
First, he owes it to himself to continue improving his knowledge of the laws;
Second, he owes it to his profession to take an active interest in the maintenance of high
standards of legal education;
Third, he owes it to the lay public to make the law a part of their social consciousness.
CANON 6 These canons shall apply to lawyers in government service in the discharge of their
official tasks.
Public Officials include elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following norms of conduct by every public official in the
discharge and execution of their official duties:
1. commitment to public interest
2. professionalism
3. justness and sincerity
4. political neutrality
5. responsiveness to the public
6. nationalism and patriotism
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)
Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to convict but to see
that justice is done. The suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible and is cause of disciplinary
action.
Rule 6.02 A lawyer in the government service shall not use his public position to promote or
advance his private interest, nor allow the latter to interfere with his public duties.
Rule 6.03 A lawyer shall not, after leaving government service, accept engagements or
employment in connection with any matter in which he had intervened while in said service.
Various ways a government lawyer leaves government service:
1. retirement
2. resignation
3. expiration of the term of office
4. dismissal
5. abandonment
Q: What are the pertinent statutory provisions regarding this Rule?
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713
Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already
penalized by existing law, the following shall constitute corrupt practice of any public officer and are
hereby declared to be unlawful:
(d) accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:
1. own, control, manage or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their
office unless expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or
separation from public office, except in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter before the office he used to be
with, in which case the one year prohibition shall likewise apply.
Lawyers in the government service are prohibited to engage in the private practice of their
profession unless authorized by the constitution or law, provided that such practice will not
conflict or tend to conflict with their official functions.
Misconduct in office as a public official may be a ground for disciplinary action (if of such
character as to affect his qualification as lawyer or to show moral delinquency).
Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no
legal basis to sustain the conviction.
Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former
employer, PNB)
The OSG is not authorized to represent a public official at any state of a criminal case.