Bill of Rights

PBM Employees Organization vs. Philippine Blooming Mills- Bill of Rights is designed to preserve the ideals
of liberty, equality and security against the assaults of opportunism, the expediency of the passing hour, the
erosion of small encroachments and the scorn and derision of those who have no patience with general
principles.
Civil Rights

those rights that belong to every citizen of the state or country or in a wider sense, to all its inhabitants
and are not connected with the organization or administration of government
This includes the rights to property, marriage, equal protection of the laws, and freedom of contract.
These are the right appertaining to a person by virtue of his citizenship in a state or community.

Political Rights

It refers to the right to participate directly or indirectly in the establishment or administration of

government.
The right of suffrage, the right to hold public office, the right to petition and in general, the rights
appurtenant to citizenship vis--vis the management of the government.

ARTICLE III SECTION 1- DUE PROCESS CLAUSE

No person shall be deprived of life liberty or property without due process of law,

Due process of law- is the law which hears before it condemns. It is a guaranty against arbitrariness on
the part of the government.
Aspects of due process: 1.) Substantive and 2.) Procedural

Substantive- this serves as a restriction on government law and rule- making powers
Requisites:
1. The interests of the public, in general as distinguished from those of a particular class, require the
intervention of the state.
2. The means employed are reasonably necessary for the accomplishment of the purpose and not unduly
oppressive on individuals.
Procedural- this serves as a restriction on actions of judicial and quasi-judicial agencies of government
Requisites:
1. An impartial 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 and over the property which is
the subject matter of the proceeding.
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing.
Elements of criminal due process
1. The accused has been heard in a court of competent jurisdiction
2. The accused is proceeded against under the orderly processes of law.

3. The accused has been given notice and the opportunity to be heard;
4. The judgment rendered was within the authority of a constitutional law.
ARTICLE III SECTION 1- EQUAL PROTECTION CLAUSE
Nor shall any person be denied the equal protection of the laws
Requisites of valid classifications
a.
b.
c.
d.

Substantial distinctions
Germane to the purpose of the law
Not limited to existing conditions only
Must apply equally to all members of the same class

Scope of Equality:
a. Economic
b. Political
c. Social
ARTICLE III 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 de
determined personally by a judge, after examination under oath or affirmation of the complaint and the
witnesses he may produce, particularly describing the place to be searched, or the persons or things to be
seized.
Requisites of a valid warrant
1. Probable cause- such facts and circumstances antecedent to the issuance of the warrant that in
themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof.
2. Determination of Probable cause personally by a judge

Rule 126, Section 4 of Rules of Court- Requisites for issuing search warrant
A search warrant shall not issue except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of
the complaint and the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines.

3. After examination under oath or affirmation of the complainant and the witnesses he may produce
4. Particularity of description

Warrant of arrest- is a written document particularly describing the person to be seized if it

contains the name/s of the person/s to be arrested.

Rules of Court- Rule 113- ARREST

Section 1- Definition of Arrest- Arrest is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
Section 2- Arrest, How made- An arrest is made by an actual restraint of a person to be arrested, or
by his submission to the custody of a person making the arrest
No violence or unnecessary force shall be used in making an arrest. The person arrested
shall not be subject to a greater restraint than is necessary for his detention.

Search warrant is a written document particularly describing the things to be seized when the
description therein is a as specific as the circumstances will ordinarily allow or when the
description expresses a conclusion of fact, not of law, by which the warrant officer may be
guided in making the search and seizures, or when the things described are limited to those
which bear direct relation to the offenses for which the warrant is being issued.- NACHURA

Rules of Court- Rule 126- Search and Seizure

Section 1 Search warrant defined- A search warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.

John Doe warrant- is a warrant that will satisfy the constitutional requirement of particularity of
description if there is some descrito persona will enable the officer to identify the accused.
o Descripto persona- (description of the person to be arrested)

Scatter shot warrant- where the search warrant charged violations of two special laws- NULL
and VOID

Warrantless arrestRules of Court Rule 113 Section 5. Arrest without warrant; when lawful
A peace officer or a private person may, without a warrant, arrest a person:
a. When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it,
and
c. 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 is temporarily confined while his case is pending,
or has escaped while being transferred from one confinement to another
In case falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall proceed against in accordance
with Section 7 Rule 112 of Rules of Court- ( When accused lawfully arrested without warrant)
o When the right is voluntarily waived, warrantless arrest may be had.

Warrantless Searches
a. When the right is voluntarily waived
b. When there is a valid stop and frisk

c.
d.
e.
f.
g.

o Stop and frisk- a vernacular designation of the right of a police officer to stop a citizen on
the street, interrogate him and pat him with weapons whenever he observes unusual
conduct which leads him to conclude that criminal activity may be happen.
When the search (and seizure) is an incident to a lawful arrest.
Search of vessel and aircraft- based on probable cause.
Search of moving vehicle- based on probable cause
Inspection of buildings and other premises for the enforcement of fire, sanitary and building
regulations
When prohibited articles are in plain view.
o Plain view doctrine- is usually applied where the police officer is not searching for
evidence against the accused, but nonetheless inadvertently comes upon an incriminating
object.

Requites:
a. Prior valid intrusion based on the warrantless arrest in which the police are
legally present in the pursuit of their official duties.
b. The evidence was inadvertently (hindi sinasadya) discovered by the police
who have the right to be where they are.
c. The evidence must be immediately apparent
d. Plain view justified the seizure of the evidence without any further search.
h. Search and seizure under exigent and emergency circumstances.
ARTICLE III SECTION 3- PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
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.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose
in any proceeding.

Correspondence- means letters

Paragraph 2 is the Exclusionary Ruleo The doctrine of the fruit of the poisonous tree- is when the arrest is invalid then all the
subsequent evidences are also invalid.

Test on Entrapment case

1. Objective Test- whether or not the conduct of the police officer was likely to induce a normally law
abiding person, other than that one who is ready and willing to commit the offense.
2. Subjective Test- also known as the Predisposition Test- it emphasizes the propensity of the accused
to commit the offense rather than the officers misconduct.

ARTICLE III SECTION 4- FREEDOM OF SPEECH/ FREEDOM OF EXPRESSION

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.
Three (3) Tests of valid governmental interference
1. Clear and present danger rule- words are clear and present, there is a probability that evil will happen.
o Clear- causal connection with the danger of substantive evil arising from the utterance
questioned
o Present- refer to the time element, identified with imminent and immediate danger
2. Dangerous Tendency Rule- if the words uttered create a dangerous tendency of an evil which the state
has the right to prevent, then such words are punishable.
3. Balancing Interest Test- particular conduct is regulated in the interest of public order and the regulation
results in an indirect, conditional or partial abridgement of speech. The duty of the court is to determine
which of the two conflicting interests demands the greater protection under the particular circumstances
presented.

Privilege communication may be of two(2) things:

1. Unprotected speeches2. Protected speeches- enjoyed by legislative

ARTICLE III SECTION 5- FREEDOM OF RELIGION

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 and political rights.

Freedom of Religion:
a. Non-establishment clause- No law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof.
b. Freedom Exercise clause- The free exercise and enjoyment of religious profession and worship
without discrimination or preference shall forever be allowed.

Exceptions
1. Exemption from taxation on properties actually, directly and exclusively used for religious purposes.
2. Citizenship requirement of ownership of educational institutions, except those established by
religious groups and mission boards.
3. Optional religious instruction in public elementary and high schools at the option expressed in
writing by the parents or guardians, religious instruction taught within regular class hours by
instructors designated or approved by the religious authorities of the religion to which the children or
wards belong without additional cost to the Government.
4. Appropriation allowed where the minister or ecclesiastic is employed in the armed forces, in a penal
institution, or in a government owned orphanage or leprosarium.

Aspects of freedom of religious profession and worship

1. Right to believe
2. Right to act according to ones belief

o The compelling State interest test. In applying the test:

First: The inquiry is whether respondents right to religious freedom has been burdened.
Second: The second step is to ascertain respondents sincerity in her religious belief.
Benevolent Neutrality- recognizes that government must pursue its secular goals and interest, but at the
same time, strive to uphold religious liberty to the greatest extent possible within flexible constitutional
limits.

ARTICLE III SECTION 6 LIBERTY OF ABODE AND OF TRAVEL

The liberty of abode and 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.
ARTICLE III 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 the citizen, subject to
such limitations as may be provided by law.

The right only affords access to records, documents and papers, which mean the opportunity to inspect
and copy them, shall be at ones own expense.
It is also subject to reasonable regulations to protect the integrity of public records and to minimize
disruption of government operations.
Exceptions on Right to Information:
1. Privileged information rooted in separation of powers;
2. Nor to information on military and diplomatic secrets
3. Information affecting national security
4. Information on investigations of crimes by law enforcement agencies before the prosecution of the
accused.

ARTICLE III SECTION 8 RIGHT TO FORM ASSOCIATIONS

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.

Right to strike is not absolute

ARTICLE III SECTION 9 PAYING JUST COMPENSATION

Private property shall not be taken for public use without just compensation.

If the legislative is the one taking the property, the defendant cannot challenge the necessity but he can
only challenge the amount
If the local government unit is the one taking the property, the necessity can be challenged.

ARTICLE III SECTION 10 NOT IMPAIRMENT CLAUSE

No law impairing the obligation of contracts shall be passed.

Limitations:
o Police power
o Eminent Domain
o Taxation

ARTICLE III SECTION 11 FREE ACCESS TO COURTS

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.

Termed as pauper suits

o In criminal cases there is no need to pay filing fees. Pauper litigants are allowed to file the
cases/claims even without the payment of the filing fees but once the pauper litigant win the
case, there will be a lien given to the court before he can get the award in the case.
This right is covered by the equal protection clause
Public attorneys office
Counsel de officious may be appointed during arraignment
o Rules of Court Rule 116 Arraignment and Plea
Section 7. Appointment of Counsel de officio the court, considering the gravity of the offense
and the difficulty of the questions that may arise, shall appoint a counsel de officio such
members of the bar in good standing who by reason of their experience and ability, can
competently defend the accused. But in localities where such members of the bar are not
available, the court may appoint any person, resident of the province and of good repute for
probity and ability to defend the accused. (Amicus Curae)

ARTICLE III SECTION 12 MIRANDA DOCTRINE

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 a competent and independent counsel preferably of his own choice. If
the person cannot afford the services of the counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible as
evidence against him.
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.

Custodial investigation
People v. Ayson, 175 SCRA 216 any questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant way.

R.A. 7438 Custodial investigation shall include the practice of issuing an invitation to a person who is
investigated in connection with an offense he is suspected to have committed without prejudice to the
liability of the inviting officers for any violation of law.

When the rule begins to operate?

As soon as the investigation ceases to be a general inquiry into an unsolved crime and direction is then
aimed upon a particular suspect who has been taken into custody and to whom the police would then
direct interrogatory questions which tend elicit incriminating statements.
Dela Torre v. Court of Appeals it was reiterated that the Miranda rights apply only from the moment
the investigating officer begins to ask questions for the purpose of eliciting admissions, confessions or
any information from the accused.

Police line-up the process has not yet shifted from the investigatory to accusatory, and it usually the
witness or the complainant who is interrogated and who gives a statement in the course of the line-up. It
is when the suspect is identified but a witness from a group of persons gathered for that purpose.
o Note: Any identification of an uncounseled accused, made in a police line-up or in a show-up
after the start of custodial investigation is inadmissible as evidence against him.

R.A. 7438 during the taking of an extrajudicial confession the parents of the accused, older brothers of
sisters, spouse, the mayor, the municipal judge, district school supervisor or priest or minister of the
gospel as chosen by the accused may be present.
R.A. 7438 does not propose that they appear in the alternative or as substitute of counsel without any
condition. It is explicitly provided that before the above mentioned persons can appear two conditions
must be met:
1. Counsel of the accused is absent;
2. Valid waiver has been executed.
In the absence of a valid waiver none of the above named persons can stand in lieu of a counsel.

Critical pre-trial stages custodial interrogation before or after the charges have been filed and noncustodial interrogation after the accused has been formally charged are considered critical pre-trial
stages in the criminal process.

Two kinds of involuntary or coerced confession treated in section 12:

1. Coerced confessions, the product of third degree methods such as torture, force, violence,
threat and intimidation.
2. Uncounseled statements given without the benefit of the Miranda warning

Incommunicado is the deprivation of communication

o People v. Mahinay, G.R. 122485 the person arrested must be informed that at any time
he has the right communicate or to confer by the most expedient means e.g. by telephone,
radio, letter, or messenger with his lawyer (either retained or appointed), any member of

his immediate family or any medical doctor, priest or minister chosen by him or by
anyone of his immediate family or by his counsel, or be visited by or confer with duly
accredited national or international non-government organization. It shall be the
responsibility of the office to insure that this is accomplished.

Exclusionary rule is the confession or admission obtained in violation of section 12 and section 17 of
Article III, it shall be inadmissible in evidence. Confession must be a declaration made voluntarily and
without compulsion or inducement by a person acknowledging that he has committed or participated in
the commission of a crime

Fruit of the poisonous tree once the primary source (the tree) is shown to have been unlawfully
obtained, any secondary or derivative evidence (the fruit) derived from it is also inadmissible
It is based on the principle that evidence illegally obtained by the State shall not be used to gain other
evidence because the originally illegally obtained evidence taints all evidence subsequently obtained.

ARTICLE III SECTION 13 RIGHT TO 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 sureties, 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.

Rules of Court Rule 114 Bail

Section 1 Bail defined- Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash
deposit or recognizance.

EXCEPTIONS:
1. When charged with an offense punishable by reclusion perpetua (or higher) and evidence of guilt is
strong.
2. Traditionally, the right to bail is not available to the military.

Rule 114 Section 2- Conditions of the Bail, Requirements- All kinds of bail are subject to the following
conditions:

a. The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it;
b. The accused shall appear before the proper court whenever required by the court or the Rules;
c. The failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
d. The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the
undertaking and the conditions required by this section. Photographs (passport size) taken within the last
six(6) months showing the face, left and right profiles of the accused must be attached to the bail.

Bail as a matter of Right

Rule 114 Section 4- All person in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance as prescribed by law or this Rule.
a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court.
b) Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment.

Bail, when discretionary

Rule 114 Section 5- Upon conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may
be filed and acted upon by the trial court despite the filing of a notice of appeal provided it has not
transmitted the original record to the appellate court. However, if the decision of the trial court
convicting the accused changed the nature of the offense from non bailable to bailable, the application
for bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the
accused of the following or other similar circumstances:
a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstances or reiteration;
b) That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c) That he committed the offense while under probation, parole, or conditional pardon;
d) That the circumstances of his case indicate the probability of flight if releases on bail; or
e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate courts may motu propio or on motion of any party, review the resolution of the
Regional Trial Court after notice to the adverse party in either case.

Standards for fixing bail

Rule 114 Section 9- Amount of bail; guidelines- The judge who issued the warrant or granted the application
shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors:
a.
b.
c.
d.
e.
f.

Financial ability of the accused to give bail;

Nature and circumstances of the offense;
Penalty for the offense charged;
Character and reputation of the accused;
Age and health of the accused;
Weight of the evidence against the accused;

g.
h.
i.
j.

Probability of the accused appearing at the trial;

Forfeiture of the other bail;
The fact that the accused was a fugitive from justice when arrested; and
Pendency of other cases where the accused is on bail.

Excessive bail shall not be required.

Kinds of Bail
a. Corporate Surety
b. Property Bond
c. Cash deposit
d. Recognizance
A. Corporate Surety
Rule 114 Section 10- Any domestic or foreign corporation licensed as a surety in accordance with
law and currently authorized to act as such, may provide bail by a bond subscribed jointly by the
accused and an officer of the corporation duly authorized by its board of directors.
B. Property Bond
Rule 114 Section 11- A property bond is an undertaking constituted as lien on the real property given
as security for the amount of the bail. Within ten (10) days after the approval of the bond, the
accused shall cause the annotation of the lien on the certificate of title on file with the Registry of
Deeds if the land is registered, or if unregistered, in the Registration Book on the space where the
land lies, and on the corresponding tax declaration in the office of the provincial, city and municipal
assessor concerned.
Within the same period, the accused shall submit to the court his compliance and his failure to do so
shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention.
C. Cash Deposit
Rule 114 Section 14- The accused or any person acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial, city or municipal treasurer the amount of bail
fixed by the court, or recommended by the prosecutor who investigated or filed the case. Upon
submission of a proper certificate of deposit and a written undertaking showing compliance with the
requirements of section 2 of this Rule, the accused shall be discharged from custody. The money
deposited shall be considered as bail and applied to the payment of fine and costs while the excess, if
any, shall be returned to the accused or to whoever made the deposit.
D. Recognizance
Rule 114 Section 15- RecognizanceWhenever allowed by law or these Rules, the court releases a person in custody on his own
recognizance or that of a responsible person.
o Recognizance is an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most unusual condition
in criminal cases being the appearance of the accused for trial.
o RA 10389- An Act institutionalizing recognizance as a mode of granting the release of an
indigent person in custody as an accused in a criminal case and for other purposes.

o Section 3 of RA 10389- Recognizance defined- Recognizance is a mode of securing the

release of any person in custody or detention for the commission of an offense who is unable
to post bail due to abject poverty. The court where the case of such person has been filed
shall allow the release of the accused on recognizance as provided herein, to the custody of a
qualified member of the barangay, city or municipality where the accused resides.
ARTICLE III SECTION 14 CONSTITUTIONAL RIGHTS OF THE ACCUSED
No person shall be held liable 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, and 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 a
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 unjustifiable.

Arraignment
Rule 116 Section 1- The accused must be arraigned before the court where the complaint or information
was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information reading the same in the language or
dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at
the trial witnesses other than those named in the complaint or information.

Circumstantial evidence
People vs. Bato- the Supreme Court held that in order that circumstantial evidence may warrant
conviction, the following requisites must occur.
a. There is more than one circumstance
b. The facts from the inferences derived are proven
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.

Equipoise Rule- is applicable only when the evidence adduced by the parties are evenly balanced, in
which case the constitutional presumption of innocence should tilt the scale in favor of the accused.

Right to be informed of the nature and the cause of the accusation against the accused.
Rationale:
1. To furnish the accused with such a description of the charge against him as will enable him to
prepare for his defense.
2. To avail himself of his conviction or acquittal for protection against further prosecution for the same
cause.
3. To inform the court of the facts alleged, so that it may decide whether they are sufficient in law to
support a conviction

Right to speedy, impartial and public trial

SPEEDY TRIAL
1. To prevent oppressive pre-trial incarceration

2. To minimize anxiety and concern of the accused

3. To limit the possibility that the defense will be impaired
IMPARTIAL TRIAL
Go v. CA 221 SCRA 397- The accused is entitled to the cold neutrality of an impartial judge. It is
designed to preserve the integrity of the judiciary and more fundamentally to gain and maintain the
peoples faith in the institutions they have erected when they adopted our constitution.

PUBLIC TRIAL
It is intended to prevent possible abuses which may be committed against the accused. The test is
sufficient that the trial is public if it is open to the public.
Right to compulsory process- to secure the attendance of witnesses and the production of evidence by
the issuance of subpoena.
o Subpoena- is a process directed to a person requiring him to attend/testify at the hearing or trial
of an action or at any investigation conducted under the laws of the Philippines, or for the taking
of his deposition.
o Two(2) kinds of Subpoena
a. Subpoena ad testificandum- used to compel a person to testify
b. Subpoena duces tecum- used to compel the production of books, records, things or
documents therein specified.
c.
Requisites of Subpoena duces tecum:
1. The books, documents, or other things requested must appear prima facie relevant to the
issue subject to the controversy (test of relevancy)
2. Such books must be reasonably described by the parties to be readily identified (test of
definiteness)

ARTICLE III SECTION 15 HABEAS CORPUS

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
when public safety requires it.

Writ of habeas corpus- a writ issued by a court directed to a person detaining another, commanding him
to produce the body of the prisoner at a designated time and place, with the day and cause of his caption
and detention, to do, to submit to and to receive whatever the court or judge awarding the writ shall
consider in his behalf

ARTICLE III SECGTION 16 SPEEDY DISPOSITIONS OF CASES

All persons shall have the right to a speedy disposition of cases before all judicial, quasi judicial or
administrative bodies.

In ascertaining whether the right to speedy disposition of cases has been violated, the following factors
must be considered- RALP
1. Reasons for the delay
2. Assertion or failure to assert such right by the accused
3. Length of delay

4. Prejudice caused by the delay

Cases on speedy disposition of cases

Remember:
1. Speedy disposition of cases is a relative term. It is considered with delays and depends upon the
circumstances of each case. What the constitution prohibits is unreasonable delay.- Cadalin vs.
POEA 238 SCRA 721
2. The accused impliedly tolerated the delay, if they never file any pleading invoking their right to
speedy disposition- People vs. Rostala 218 SCRA 657
3. The accused cannot interpose the delay if it was equally chargeable to his numerous motion filedGonzaga vs. Sandiganbayan 199 SCRA 299

ARTICLE III SECTION 17 SELF INCRIMINATION

No person shall be compelled to be a witness against himself.

Applicable only when the person is in the witness stand

It is available not only in criminal prosecutions but also in all other government proceedings, including
civil actions and administrative or legislative investigations.

The right against self incrimination may be claimed not only by the accused but also by any witness to
whom a question calling for an incriminating answer is addressed.

As long as the questions will tend to incriminate, the witness is entitled to the privilege. In all other
cases, he may not refuse to answer provided the question is relevant and otherwise allowed even if the
answer may tend to embarrass him or subject him to civil liability.

The right may not be invoked where the question asked relates to past criminality for which the witness
can no longer be prosecuted as where the crime has already prescribed or he has already been acquitted
or convicted thereof.

He may not also refuse to answer where he has been previously granted immunity under a validly
enacted statute.

PD 86 SECTION 5- Limiting the immunity

o Use and fruit immunity- which prohibits the use of the witness compelled testimony and its fruits
in any manner in connection with the criminal prosecution of witness.
o Transactional immunity- that which may be granted by the Commission on Human Rights to any
person whose testimony or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it or under its authority,
which makes the witness immune from criminal prosecution for an offense to which his
compelled testimony relates.
ARTICLE III SECTION 18 (1)
No person shall be detained solely by reason of his political beliefs or aspirations

ARTICLE III SECTION 18 (2)

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

Exceptions:
1. Punishment for a crime whereof one has been duly convicted
2. Service in defense of the State ( Article 2 Section 4 of the Constitution
3. Naval (merchant marine) enlistment
4. Posse commitatus
5. Return to work order in industries affected with public interest
6. Patria potestas
o Posse commitatus- US v. Pompeya
It is in the exercise of the police power of the state in which the people of the town may be
called upon to render assistance for the protection of the public and preservation of peace
and order.

ARTICLE II SECTION 19
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the 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.
(2) 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.
ARTICLE III SECTION 20
No person shall be imprisoned for debt or non- payment of a poll tax.
Poll tax- historically, it is the cedula which is used for purposes of identification
Exemptions of non-payment of debt
1. Estafa
2. BP 22- Bouncing Checks
3. PD 115- Trust Receipts Law
ARTICLE III 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.

Requisites
a. Valid complaint or information
b. Filed before a competent court
c. To which the defendant had pleaded
d. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated
without his express consent.

Doctrine of Supervening Event

Rules of Court Rule 117 Motion to Quash
Section 7- Former Conviction or Acquittal; Double Jeopardy
When the accused has been convicted or acquitted, or the case against him dismissed or otherwise
terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or
information or other formal charge sufficient in form and substance to sustain a conviction and after the
accused has pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or
frustration thereof, or for any offense which necessarily includes or is necessarily included in the
offense charges in the former complaint.
However, the conviction of the accused shall not be a bar to another prosecution for an offense which
necessarily includes the offense charged in the former complaint or information under any of the
following instances
a. The graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge.
b. The facts constituting the graver charge became known or were discovered only after a plea was
entered in the former complaint or information; or
c. The plea of guilty to the lesser offense was made without the consent of the prosecutor and of the
offended party except as provided in Section 1(f) of Rule 116
o Section 1(f) of Rule 116- Arraignment and Plea
The private offended party shall be required to appear at the arraignment for the purposes
of plea bargaining, determination of civil liability and other matters requiring his presence.
In case of failure of the offended party to appear despite due notice, the court may allow the
accused to enter to a plea of guilty to a lesser offense which is necessarily included in the
offense charged with the conformity of the trial prosecutor alone.
In any of the foregoing cases, where the accused satisfies or serves in whole or in part of the judgment,
he shall be credited with the same in the event of conviction for the graver offense.

Dismissal of Action; Two(2) kinds:

a.
Permanent Dismissal- refer to the termination of the case on the merits, resulting in either the
convictions or acquittal of the accused, to the dismissal of the case because of the prosecutions
failure to prosecute, or to the dismissal thereof on the ground of unreasonable delay in proceedings in
violation of the right of the accused to speedy trial.
b.
Provisional Dismissal of a criminal case is dismissal without prejudice to reinstatement thereof
before the order of dismissal becomes final, or to the subsequent filing of new information within the
periods allowed under the Revised Penal Code or the Revised Rules of Court.
Rules of Court Rule 117 Section 8 Provisional Dismissal
A case shall not be provisionally dismissed except with the express consent of the accused and
with notice to the offended party.

The provisional dismissal of offenses punishable by imprisonment not exceeding six(6) years or a
fine of any amount, or both, shall become permanent one(1) year after issuance of the order
without the case having been revived. With respect to offenses punishable by imprisonment of
more than six(6) years, their provisional dismissal shall become permanent two(2) years after
issuance of the order without the case having been revived.
ARTICLE III SECTION 22 EXPOST FACTO LAW AND BILL OF ATTAINDER
No ex post facto law or bill of attainder shall be enacted

Kinds of ex post facto law:

1. Every law that makes criminal an action done before the passage of the law and which was innocent
when done, and punishes the action
2. Every law that aggravates a crime or makes it greater that it was when committed.
3. Every law that changes punishment and inflicts a higher punishment than the law annexed to the
crime when committed.
4. Every law that alters the rules of evidence and receives less or different than the law required at the
time of the commission of the offense in order to convict the offender
5. Every law which assuming to regulate civil rights and remedies only, in effect imposes a penalty or
the deprivation of a right and remedies only, in effect imposes a penalty or the deprivation of a right
for something which when done was lawful.
6. Every law which deprive persons accused of a crime of some lawful protection to which they have
become entitled, such as the protection of a former conviction or acquittal of a proclamation of
amnesty.
Characteristics of Ex post facto law
1. Refers to criminal matters
2. It is retroactive in application
3. It works to the prejudice of the accused.