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Sec. 9. Private property shall not be taken for public use without just compensation.
Who can exercise the power of eminent domain:
1) The national government
1. Congress
2. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective legislative bodies
(under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
- It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a
valid contract exists between the government and the owner, the government cannot exercise the
power of eminent domain as a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
TAKING
A. Elements:
CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of the
beneficial enjoyment of his property.
B. Compensable taking does not need to involve all the property interests which form part of the right
of ownership. When one or more of the property rights are appropriated and applied to a public
purpose, there is already a compensable taking, even if bare title still remains with the owner.
PUBLIC USE
1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is
used in the concept of police power.
Examples of public use include land reform and socialized housing.
JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent to the market value of his property.
Market value is generally defined as the fair value of the property as between one who desires to
purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at the time the property was taken.
Thus, future potential use of the land is not considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the public use character of the taking. However, if the expropriation is pursuant to a
specific law passed by Congress, the courts cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property acquired by the
municipality with its private funds in its corporate or private capacity. However, if it is any other
property such a public buildings or legua comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will.
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If he is detained, he can file a petition for the issuance of writ of habeas corpus.
Definition of impartial trial
The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their relationship to the accused. However, if
the evidence to be adduced is offensive to decency or public morals, the public may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays,
either with the consent of the accused or if failed to object thereto.
RIGHT TO MEET WITNESS FACE TO FACE
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness
Failure of the accused to cross-examine a witness
If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the
fault of the prosecution, the testimony of the witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of dying declarations
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Sec 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasijudicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy
disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Sec. 17. No person shall be compelled to be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of the accused or the witness would establish a fact
which would be a necessary link in a chain of evidence to prove the commission of a crime by the
accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific questions
which would incriminate him in the commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion to extort communication from the
witness or to otherwise elicit evidence which would not exist were it not for the actions compelled
from the witness.
2. The right does NOT PROHIBIT
the examination of the body of the accused or the use of findings
with respect to his body as physical evidence. Hence, the fingerprinting of an accused would not
violate the right against self-incrimination. However, obtaining a sample of the handwriting of the
accused would violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document in his possession which might tend
to incriminate him. However, a third person in custody of the document may be compelled to produce
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it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to
determine compliance with the conditions of the charter granted to them.
Sec. 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no matter under what form
such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President
Sec. 19. Prohibition against cruel, degrading and inhuman punishment
When is a penalty cruel, degrading and inhuman?
1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being drawn and
quartered.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and feathered,
then paraded throughout town.
Standards used:
1. The punishment must not be so severe as to be degrading to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe
punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the punishment is
attached if the court finds that the punishment is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to
pay money. Thus, all other types of obligations are not within the scope of this prohibition.
2)
Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.
Sec. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
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her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those
persons who were born under the 1935 Constitution. In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother was
a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973,
you can elect Filipino citizenship upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2)
The wife also becomes a Filipino citizen, provided that she does not have any disqualification
which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect
their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil
registry.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation
ARTICLE V SUFFRAGE
Qualifications:
CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5)
Resident of the place wherein he/she proposes to vote for at least 6 months immediately
preceding the election.
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Note: NO literacy, property or other substantive requirement can be imposed on the exercise of
suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place
where one wants to vote. In this case, residence can either mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability
has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the
Philippines.
3) Insane or feeble-minded persons.
Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration
of 5 years after the service of sentence.