ARTICLE III – BILL OF RIGHTS 4. Judgment must be r ender ed upon a lawful hearing.

Section 1. No person shall be deprived of life, liberty or For ADMINISTRATIVE proceedings: CODE: H E D S H I P
property without due process of law, nor shall any 1. The right to a h earing, which includes the right to
person be denied the equal protection of the laws. present one’s case and submit evidence in support
thereof.
2. The tribunal must consider the evidence presented.
3. The d ecision must have something to support itself.
Definition of “Police Power”: 4. Evidence supporting the conclusion must
be substantial.
1) Power vested in the legislature 5. The decision must be based on the evidence
presented at the h earing or at least contained in the
2) By the Constitution record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on
3) To make, ordain, and establish its or his own independent consideration of the law
and facts of the controversy, and not simply accept
4) All manner of wholesome and reasonable laws,
the views of a subordinate in arriving at a decision.
statutes, and ordinances 7. The board or body should, in all controversial
questions, render its decision in such a manner that
5) Either with penalties or without
the p arties to the proceeding can know the various
issues involved and the reasons for the decision
6) Not repugnant to the constitution
rendered.

7) As they shall judge to be for the good and welfare of Note:

the commonwealth and of the subjects of the same. 1. What is required is not actual hearing, but a real
opportunity to be heard.
Aspects of “Due Process”: 2. The requirement of due process can be satisfied by
1. Procedural due process – refers to the mode of subsequent due hearing.
procedure which government agencies must follow in 3. Violation of due process: when same person reviews
the enforcement and application of laws. his own decision on appeal.
2. Substantive due process – prohibition against 4. Notice and hearing are required in judicial and quasi -
arbitrary laws. judicial proceedings, but not in the promulgation of

Note: PROCEDURAL DUE PROCESS: general rule.

1. A law which hears before it condemns. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A
2. Due process of law contemplates notice and DP
opportunity to be heard before judgment is rendered 1. The student must be informed in writing of the
affecting one’s person or property (Lopez v. Dir. of nature and cause of any accusation against them.
Lands) 2. The student shall have the right to answer the
3. Due process depends on circumstances; it varies charges against him, with the assistance of counsel if
with the subject matter and the necessities of the desired.
situation. 3. The student has the right to be in formed of the
Requisites of PROCEDURAL due process: evidence against him.
4. The student has the right to adduce evidence in his
For JUDICIAL proceedings : CODE: C J N O H
own behalf.
1. A court or tribunal clothed with judicial power to 5. The evidence must be d uly considered by the
hear and determine the matter before it. investigating committee or official designated by the
2. Jurisdiction must be lawfully acquired over the school authorities to hear and decide the case.
person of the defendant or over the property which is 6. The penalty imposed must be p roportionate to the
the subject of the proceedings. offense.
3. The defendant must be given n otice and
Note:
an o pportunity to be heard.
 1. The school has a contractual obligation to afford its
students a fair opportunity to complete the course a
student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be
summary; cross-examination is not essential
Instances when hearings are NOT necessary:
1. When administrative agencies are exercising
their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government
service.
6. Issuance of warrants of distraint and/or levy by th e
BIR Commissioner.
7. Cancellation of the passport of a person charged
with a crime.
8. Issuance of sequestration orders (considered a
provisional remedy).
9. Judicial order which prevents an accused
from travelling abroad in order to maintain the
effec tivity of the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary
Board upon a prima facie finding of liquidity problems
in such bank.
Note:
1. The right to counsel is a very basic requirement of
substantive due process and has to be observed even
in administrative and quasi -judicial bodies.
2. The right to appeal is a statutory privilege that
may be ex ercised only in the manner in accordance
with law.
Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as
distinguished from those of a particular class, requires
the interference by the government and
2. The MEANS employed are necessary for the
accomplishment of the purpose and not unduly
oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unr easonable
When is a law VAGUE?
1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must nec essarily
GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law
The equality that it guarantees is legal equality or the
equality of all persons before the law. It does not demand
absolute equality. It merely requires that all persons shall
be treated alike, under like circumstances and conditions
both as to privileges conferred and liabilities enforced.
Requisites for valid classifi cation for purposes of the equal
protection clause
The classification must: CODE: SGEE
1. Rest on S UBSTANTI AL DISTINCTIONS
2. Be G ERMANE to the purposes of the law
3. Not limited to existing conditions only
4. APPLY EQUALLY to all members of the SAME CLASS.
Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly
describing the place to be searched and the person or
things to be seized.
General Rule: Search and seizures are unreasonable unless
authorized by a validly issued search warrant or warrant of
arrest
Requisites for a valid warrant: CODE: P J E
D
1. It must be issued upon P ROBABLE CAUSE.
2. The existence of probable cause is determined
personally by the JUDGE .
3. The judge must EXAMINE UNDER O ATH the
complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the
place to be searched and person or things to be
seized.
Defini tion of “PROBABLE CAUSE”
For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances
which would lead a reasonably discreet and prudent man
to believe that an offense has been committed by the
person sought to be arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and circumstances
which would lead a reasonably discreet and prudent man
to believe that an offense has been committed and that
the objects sought in connection with the offense are in
the place to be searched.
Note: Probable cause for the issuance of a search warrant
does NOT require that the probable guilt of a specific
offender be established, unlike in the case of a warrant of
arrest.
Exis tence of probable cause “DETERMINED PERSONALLY BY THE
JUDGE”
The judge is NOT required to personally examine the
complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility of
the issuing judge to satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutor’s
certification and investigation report whenever necessary
(Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and
supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the
basis thereof, issue a warrant of arrest or
2. If on the basis thereof, the judge finds no probable
cause, he may disregard the fiscal’s report and require
the submission of supporting affidavits of witnesses to
aid him in arriving at the conclusion as to the
existence of probable cause.
Examination “UNDER OATH OR AFFIRMATION OF THE
COMPLAINANT AND WITNESSES”
1. The oath required must refer to the truth of the facts
within the personal knowledge of the complainant or
his witnesses because the purpose is to convince the
judge of the existence of probable cause (Alvarez v.
CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant
the issuance of a search warrant is whether it has
been drawn in such a manner that perjury could be
charged thereon and affiant be held liable for the
damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe
the things to be seized when the description
therein is as specific as the circumstances
will ordinarily allow or
2. When the description expresses a
conclusion of fact – not of law – by which the
warrant officer may be guided in making the search
and seizure or
3. When the things described are limited to
those which bear a direct relation to the
offensefor which the warrant is being issued (Bache
and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of
particularity of description if it contains a descriptio
personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific
acts or omissions constituting the offense charged in the
application for the issuance of the warrant. It contravenes
the explicit demand of the Bill of Rights that the things to
be seized be particularly described.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
1. An officer making an arrest may take from the
person arrested:
1. Any money or property found upon his
person which was used in the commission of
the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the
means of committing violence or escaping or
4. Which may be used in evidence in the trial
of the case
1. The search must be made simultaneously with the
arrest and it may only be made in the area within the
reach of the person arrested
1. Search of moving vehicles
 1. This exception is based on exigency. Thus, if there is
time to obtain a warrant in order to search the
vehicle, a warrant must first be obtained.
2. The search of a moving vehicle must be based on
probable cause.
1. Seizure of goods concealed to avoid
customs duties/authorized under the Tariffs
and Customs Code
1. The Tariffs and Customs Code authorizes persons
having police authority under the Code to effect
search and seizures without a search warrant to
enforce customs laws.
2. Exception: A search warrant is required for the
search of a dwelling house.
3. Searches under this exception include searches at
borders and ports of entry. Searches in these areas do
not require the existence of probable cause.
1. Seizure of evidence in plain view
1. To be a valid warrantless search, the articles must be
open to the eye and hand.
2. The peace officer comes upon them inadvertently.
1. Waiver of right
1. Requisites of a valid waiver:
1. The right exists.
2. The person had actual or constructive knowledge of
the existence of such right.
3. There is an actual intention to relinquish such right.
1. The right against unreasonable searches and seizures
is a personal right. Thus, only the person being
searched can waive the same.
2. Waiver requires a positive act from the person. Mere
absence of opposi tion is not a waiver.
3. The search made pursuant to the waiver must be
made within the scope of the waiver.
Note:
1. Checkpoints: as long as the vehicle is neither
searched nor its occupants subjected to a body search
and the inspection of the vehicle is limited to a visual
search = valid search (Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can
be quickly moved out of the locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule
that warrants may be issued only by j udges, but the
Commissioner of Immigration may order the arrest of
an alien in order to carry out a FINAL deportation
order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is
actually committing, or is about to commit an offense
in the presence of the arresting officer.
1. When an offense has in fact just been committed
and the arresting officer has personal knowledge of
facts indicating that the person to be arrested has
committed it.
1. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
1. Waiver of an invalid arrest:
When a person who is detained applies for bail, he is
deemed to have waived any irregularity which may have
occurred in relation to his arrest.
1. Hot pursuit
A. The pursuit of the offender by the arresting officer
must be continuous from the time of the commission of
the offense to the time of the arrest.
B. There must be no supervening event which breaks the
continuity of the chase.
1. Stop and frisk
When a policeman observes suspicious activity which leads
him to believe that a crime is about to be committed, he
can investigate the suspicious looking person and may frisk
him for weapons as a measure of self-protection. Should
he find, however, a weapon on the suspect which is
unlicensed, he can arrest such person then and there for
having committed an offense in the officer’s presence.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceedings.
R.A. 4200 (Anti-Wiretapping Act)
 1. The law does not distinguish between a party to the 3. license taxes based on gross receipts for
private communication or a third person. Hence, both the privilege of engaging in the business of
a party and a third person could be held liable under advertising in any newspaper
R.A. 4200 if they commit any of the prohibited acts 4. flat license fees for the privilege of selling
under R.A. 4200 (Ramirez v. Ca) religious books
1. The use of a telephone extension to overhear a When prohibi tion does not a ppl y
private conversation is not a violation of R.A. 4200
1. During a war. Ex. Government can prevent
because it is not similar to any of the prohibited
publication about the number/locations of its troops
devices under the law. Also, a telephone extension is
(Near v. Minnesota, 238 US 697)
not purposely installed for the purpose of secretly
2. Obscene publications.
intercepting or recording private communication.
Sta nda rds for allowable subsequent punishment
(Gaanan v. IAC, 145 SCRA 112)
Types of communication protected: TEST CRITERION

Letters, messages, telephone calls, telegrams and the like. 1. Dangerous Tendency Test There should be
a RATIONAL CONNECTION between the speech and the
Exclusionary rule: evil apprehended.
Any evidence obtained shall be inadmissible for any
purpose in any proceeding. However, in the absence of 2. Clear and Present Danger Test There should
governmental interference, the protection against be a clear and present danger that the words when used
unreasonable search and seizure cannot be extended to under such circumstances are of such a nature as to create
acts committed by private individuals. (People v. Martin) a CLEAR AND PRESENT DANGER that they will bring about
Section 4. No law shall be passed abridging the freedom the substantive evils that the State has a right to prevent.
of speech, of expression, or of the press, or of the right of
3. Balancing of Interests Test The courts
the people peaceably to assemble and petition the
should BALANCE the PUBLIC INTEREST served by
government for redress of grievances.
legislation on one hand and the FREEDOM OF SPEECH (or
any other constitutional right) on the other. The courts
What are considered protected speech:
will then decide where the greater weight should be
Protected speech includes every form of expression, placed.
whether oral, written, tape or disc recorded. It includes
motion pictures as well as what is known as symbolic Freedom of Speech
The doctrine on freedom of speech was formulated
speech such as the wearing of an armband as a symbol of
primarily for the protection of “core” speech, i.e. speech
protest. Peaceful picketing has also been included within
which communicates political, social or religious ideas.
the meaning of speech.
These enjoy the same degree of protection. Commercial
Prohibi tions under Section 4 speech, however, does not.
1. Prohibition against PRIOR RESTRAINT
1. Prohibition against SUBSEQUENT PUNISHMENT
Prohibi tion agains t prior res traint
Commercial Speech
1. Prior restraint means official governmental 1. A communication which no more than proposes a
restrictions on the press or other forms of expression commercial transaction.
in advance of actual publication or dissemination. 1. To enjoy protection:
2. Examples/forms of prior restraint 1. It must not be false or misleading; and
1. movie censorship 2. It should not propose an illegal transaction.
2. judicial prior restraint = injunction against 1. Even truthful and lawful commercial speech may be
publication regulated if:
 1. Government has a substantial interest to
protect;
2. The regulation directly advances that
interest; and
3. It is not more ex tensive than is necessary to
protect that inter est. (Central Hudson Gas and
Electric Co rp. v. Public Service Co mmission of
NY, 447 US 557)
Unprotected Speech
1. 1. LIBEL
1. FAIR COMMENT (U.S. Rule). These are statements of
OPINION, not of fact, and are not considered
actionable, even if the words used are neither mild
nor temperate. What is important is that the opinion
is the true and honest opinion of the person. The
statements are not used to attack personalities but to
give one’s opinion on decisions and actions.
1. OPINIONS. With respect to public personalities
(politicians, actors, anyone with a connection to a
newsworthy event), opinions can be aired regarding
their public actuations. Comment on their private
lives, if not germane to their public personae, are not
protected.
1. 2. OBSCENITY
1. Test for obscenity (Miller v. California)
1. Whether the average person, applying
contemporary community standards would find that
the work, taken as a whole, appeals to the prurient
interest.
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct, specifically defined by
law.
3. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
2. Procedure for seizure of allegedly obscene
publications
1. Authorities must apply for issuance of search
warrant.
2. Court must be convinced that the materials are
obscene. Apply clear and present danger test.
3. Judge will determine whether they are in fact
“obscene”.
4. Judge will issue a search warrant.
5. Proper action should be filed under Art. 201 of the
RPC.
6. Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech
and press also apply to the right of assembly and
petition.
1. Rules on assembly in public places:
1. Applicant should inform the licensing authority of
the date, the public place where and the time when
the assembly will take place.
1. The application should be filed ahead of time to
enable the public official concerned to appraise
whether there are valid objections to the grant of the
permit or to its grant, but in another public place. The
grant or refusal should be based on the application of
the Clear and Present Danger Test.
1. If the public authority is of the view that there is an
imminent and grave danger of a substantive evil, the
applicants must be heard on the matter.
1. The decision of the public authority, whether
favorable or adverse, must be transmitted to the
applicants at the earliest opportunity so that they
may, if they so desire, have recourse to the proper
judicial authority.
1. Rules on assembly in private properties:
Only the consent of the owner of the property or person
entitled to possession thereof is required.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.
Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v.
Schempp, 374 US 203)
1. The non-establishment clause does not
depend upon any showing of direct governmental
compulsion. It is violated by the enactment of laws
which establish an official religion whether those laws
operate directly to coerce non-observing individuals
or not. The test of compliance with the non-
establishment clause can be stated as follows: What
are the purposes and primary effect of the
enactment? If either is the advancement or inhibition
 of religion, the law violates the non-establishment Note: The right to travel and the liberty of abode are
clause. Thus, in order for a law to comply with the distinct from the right to return to one’s country, as shown
non-establishment clause, two r equisites must be by the fact that the Declaration of Human Rights and the
met. First, it has a secular legislative purpose. Covenant on Human Rights have separate guarantees for
Second, its primary effect neither advances nor
these. Hence, the right to return to one’s country is not
inhibits religion.
covered by the specific right to travel and liberty of
1. The free exercise of religion clause withdraws
abode. (Marcos v. Manglapus)
from legislative power the exer tion of any restraint on
the free exercise of religion. In order to show a
Section 7. The right of the people to information on
violation of this clause, the person affected must
matters of public concern shall be recognized.
show the coercive effect of the legislation as it
operates against him in the practice of his religion.
While the freedom to believe (non-establishment) is
Rights guaranteed under Section 7
absolute, the moment such belief flows over into
1. Right to information on matters of public concern
action, it becomes subject to government r egulation.
2. Right of access to official records and documents
Requisites for government aid to be allowable:
Persons entitled to the above rights
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances Only Filipino citizens.
nor inhibits religion;
3. It must not require excessive entanglement with Dis cretion of government
recipient institutions.
The government has discretion with respect to the
Section 6. The liberty of abode and of changing the same authority to determine what matters are of public concern
within the limits prescribed by law shall not be impaired and the authority to determine the manner of access to
except upon lawful order of the court. Neither shall the them.
right to travel be impaired except in the interest of
national security, public safety or public health, as may be Recognized restrictions on the right of the people to
provided by law. information:
1. National security matters
2. Intelligence information
Rights guaranteed under Section 6: 3. Trade secrets
1. Freedom to choose and change one’s place of 4. Banking transactions
abode. 5. Diplomatic correspondence
2. Freedom to travel within the country and outside. 6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
Section 8. The right of the people, including those
Curtailment of rights: employed in the public and private sectors, to form
RIGHT MANNER unions, associations, or societies for purposes not
OF CURTAILMENT contrary to law, shall not be abridged.

1. Liberty of abode Lawful order of the The right to form associations shall not be impaired
court and within the limits prescribed by law. without due process of law and is thus an aspect of the
right of liberty. It is also an aspect of the freedom of
2. Right to travel May be curtailed even contract. In addition, insofar as the associations may have
by administrative officers (ex. passport officers) in the for their object the advancement of beliefs and ideas, the
interest of national security, public safety, or public health, freedom of association is an aspect of the freedom of
as may be provided by law. speech and expression, subject to the same limitation.
The right also covers the right not to join an association. B. Compensable taking does not need to involve all the
property interests which form part of the right of
Government employees have the right to form unions. ownership. When one or more of the property rights are
They also have the right to strike, unless there is a appropriated and applied to a public purpose, there is
statutory ban on them. already a compensable taking, even if bare title still
remains with the owner.
Section 9. Private property shall not be taken for public
use without just compensation. “PUBLIC USE”
Who can exercise the power of eminent domain: 1. Public use, for purposes of expropriation, is
synonymous with public welfare as the latter term is
1) The national government used in the concept of police power.
1. Examples of public use include land reform and
1. Congress
socialized housing.
2. Executive, pursuant to legislation enacted by
Congress
“JUST COMPENSATION”
2) Local government units, pursuant to an ordinance 1. Compensation is just if the owner rec eives a sum
equivalent to the market value of his property.
enacted by their respective legislative bodies (under LGC)
Market value is generally defined as the fair value of
3) Public utilities, as may be delegated by law. the proper ty as between one who desires to purchase
and one who desires to sell.
When is the exercise of the power of eminent domain necessary? 2. The point of reference use in determining fair value
is the value at the time the property was taken. Thus,
It is only necessary when the owner does not want or future potential use of the land is not considered in
opposes the sale of his property. Thus, if a valid contract computing just compensation.
exists between the government and the owner, the Judicial review of the exercise of the power of eminent
government cannot exercise the power of eminent domain domain
as a substitute to the enforcement of the contract. 1. To deter mine the adequacy of the compensation
2. To deter mine the necessity of the taking
Elements of the power of eminent domain
3. To deter mine the “public use” character of the
1) There is a TAKING of private property taking. However, if the expropriation is pursuant to a
specific law passed by Congress, the courts cannot
2) Taking is for PUBLIC USE question the public use character of the taking.
When municipal property is taken by the State:
3) Payment of JUST COMPENSATION
Compensation is required if the property is a patrimonial
“TAKING” property, that is, property acquired by the municipality
with its private funds in its corporate or private capacity.
A. Elements: CODE: E P A P O However, if it is any other property such a public buildings
1. The expropriator enters the property or legua comunal held by the municipality for the State in
2. The entrance must not be for a momentary period, trust for the inhabitants, the State is free to dispose of it at
i.e., it must be p ermanent will.
3. Entry is made under warrant or color of
legal authority Point of reference for valuating a piece of property:
4. P roperty is devoted to public use
5. Utilization of the property must be in such a way as General rule: The value must be that as of the time of the
to o ust the owner and deprive him of the beneficial filing of the complaint for expropriation.
enjoyment of his property.
Exception: When the filing of the case comes later than 3) When the investigation is being conducted by the
the time of taking and meanwhile the value of the government (police, DOJ, NBI) with respect to a criminal
property has increased because of the use to which the offense.
expropriator has put it, the value is that of the time of the
earlier taking. BUT if the value increased independently of 4) Signing of arrest reports and booking sheets.
what the expropriator did, then the value is that of the
When rights are not available:
latter filing of the case.
1) During a police line-up. Exception: Once there is a
Section 10. No law impairing the obligation of contracts
move among the investigators to elicit admissions or
shall be passed.
confessions from the suspect.
When does a law impair the obligation of contracts:
2) During administrative investigations.
1) If it changes the terms and conditions of a legal
contract either as to the time or mode of performance 3) Confessions made by an accused at the time he
voluntarily surrendered to the police or outside the
2) If it imposes new conditions or dispenses with those
context of a formal investigation.
expressed
4) Statements made to a private person.
3) If it authorizes for its satisfaction something different
from that provided in its terms. Exclusiona ry rule

A mere change in PROCEDURAL REMEDIES which does not
change the substance of the contract, and which still
leaves an efficacious remedy for enforcement does NOT
impair the obligation of contracts.
A valid exercise of police power is superior to obligation of
contracts.
1) Any confession or admission obtained in violation of
this section shall be inadmissible in evidence against him
(the accused).
2) Therefore, any evidence obtained by virtue of an
illegally obtained confession is also inadmissible, being the
fruit of a poisoned tree.

Section 12. Rights of person under investigation for the Requisites of valid waiver:
commission of an offense.
Rights of person under investigation for the Commission 1) Waiver should be made in WRITING
of an offense CODE: SCISI
2) Waiver should be made in the PRESENCE OF
1) Right to remain silent
COUNSEL.
2) Right to have competent and independent counsel,
preferably of his own choice Section 13. Right to bail
3) Right to provided with the services of counsel if he Who are entitled to bail:
cannot afford the services of one.
4) Right to be informed of these rights. 1) All persons ACTUALLY DETAINED
When rights are available:
2) shall, BEFORE CONVICTION
1) AFTER a person has been taken into custody or
3) Be entitled to bail.
2) When a person is otherwise deprived of his freedom
of action in any significant way. Who are not entitled to bail:
1) Persons charged with offenses PUNISHABLE by Rights of a person charged with a criminal offense
RECLUSION PERPETUA or DEATH, when evidence of guilt is 1. Right to due process of law
strong 2. Right to be pr esumed innocent
3. Right to be heard by himself and counsel
2) Persons CONVICTED by the trial court. Bail is only 4. Right to be informed of the nature and cause of the
discretionary pending appeal. accusation against him
5. Right to have a speedy, impartial and public trial
3) Persons who are members of the AFP facing a court 6. Right to meet the witnesses face to face
martial. 7. Right to have compulsory process to secure the
attendance of witnesses and the production of
Other rights in relation to bail. evidence in his behalf

1) The right to bail shall NOT be impaired even when “DUE PROCESS”
the privilege of the writ of habeas corpus is suspended.
This means that the accused can only be convicted by a
2) Excessive bail shall not be required. tribunal which is required to comply with the stringent
requirements of the rules of criminal procedure.
Factors considered in setting the amount of bail:
“PRESUMPTION OF INNOCENCE”
1) Ability to post bail
The Constitution does not prohibit the legislature from
2) Nature of the offense
providing that proof of certain facts leads to a prima facie
3) Penalty imposed by law presumption of guilt, provided that the facts proved have
a reasonable connection to the ultimate fact presumed.
4) Character and reputation of the accused
Presumption of guilt should not be conclusive.
5) Health of the accused

6) Strength of the evidence

“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”
7) Probability of appearing at the trial The right to be heard includes the following rights:
1. Right to be pr esent at the trial
8) Forfeiture of previous bail bonds 1. The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
9) Whether accused was a fugitive from justice when 1. After arraignment, trial may proceed
arrested notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
10) If accused is under bond in other cases allowed only if the accused has been validly arraigned.

Implicit limitations on the right to bail: (i) Accused has been duly notified; and
1. The person claiming the right must be in actual
detention or custody of the law. (ii) His failure to appear is unjustifiable.
2. The constitutional right is available only in criminal
cases, not, e.g. in deportation proceedings. 1. The accused may waive the right to be pr esent at the
Note: trial by not showing up. However, the court can still
1. Right to bail is not available in the military. compel the attendance of the accused if necessary for
2. Apart from bail, a person may attain provisional identification purposes. Exception: If the accused,
liberty through recognizance. after arraignment, has stipulated that he is indeed the
Section 14. Rights of an accused person charged with the offense and named in the
 information, and that any time a witness refers to a
name by which he is known, the witness is to be
understood as referring to him.
1. While the accused is entitled to be present during
promulgation of judgement, the absence of his
counsel during such promulgation does not affect its
validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE
REPRESENTATION.
(b) If the accused appears at arraignment without
counsel, the judge must:
(i) Inform the accused that he has a right to a counsel
before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a
counsel de oficio must be appointed
(iv) If the accused desires to obtain his own counsel, the
court must give him a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance
of witnesses
“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
ACCUSATION AGAINST HIM”
Purposes of the right:
1) To furnish the accused with a description of the
charge against him as will enable him to make his defenses
2) To avail himself of his conviction or acquittal against
a further prosecution for the same cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of
the offense, the accused cannot be convicted thereof even
if the prosecution is able to present evidence during the
trial with respect to such elements.
The real nature of the crime charged is determined from
the recital of facts in the information. It is not determined
based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”
Factors used in determining whether the right to a
speedy trial has been violated.
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the
accused’s right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can
be used as basis to claim double jeopardy. This would be
the effect even if the dismissal was made with the consent
of the accused
Remedy of the accused if his right to speedy trial has
been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of
writ of habeas corpus.
Definition of impartial trial
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.
Princi pal exceptions to the ri ght of confronta tion
1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.
Dis tinction between Secti on 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.
Section 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 other wise elicit evidence which would not exist
were it not for the actions compelled from the
witness.
2. The right does NO T PROHIBIT the examination
of the body of the accused or the use of findings with
respect to his body as physical evidence. Henc e, the
fingerprinting of an accused would not violate the
right against self-incrimination. However, obtaining a
sample of the handwriting of the accused would
violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a
private document in his possession which might tend
to incriminate him. However, a third person in
custody of the document may be compelled to
produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable
to a penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to the
visitorial powers of the state in order to determine
compliance with the conditions of the charter granted to
them.
Section 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of
one to another no matter under what form such servitude
may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been
duly convicted
 2. Personal military or civil service in the interest of 3) A FRAUDULENT debt may result in the imprisonment
national defense of the debtor if:
3. Return to work order issued by the DO LE Secretary
or the President 1. The fraudulent debt constitutes a crime such as
Section 19. Prohibition against cruel, degrading and estafa and
inhuman punishment 2. The accused has been duly convicted.
When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves torture
Section 21. No person shall be twice put in jeopardy of
or lingering suffering. Ex. Being drawn and quartered. punishment for the same offense. If an act punished by a
2. A penalty is degrading if it exposes a person to public law and an ordinance, conviction or acquittal under either
humiliation. Ex. Being tarred and feathered, then shall constitute a bar to another prosecution for the same
paraded throughout town. act.
Standards used:
Requisites for a valid defense of double jeopa rdy: CODE: ATS
1. The punishment must not be so severe as to be
degrading to the dignity of human beings. 1) First jeopardy must have attached prior to the
2. It must not be applied arbitrarily. second.
3. It must not be unacceptable to contemporary 2) The first jeopardy must have terminated.
society 3) The second jeopardy must be for the same offense as
4. It must not be excessive, i.e. it must serve a penal that in the first.
purpose more effectively than a less severe When does jeopardy ATTACH: (1st requisite) CODE:
punishment would. CICAV
Excessive fine
1) A person is charged
A fine is excessive, when under any circumstance, it is
disproportionate to the offense. 2) Under a complaint or information sufficient in form
and substance to sustain a conviction
Note: Fr. Bernas says that the accused cannot be
convicted of the crime to which the punishment is 3) Before a court of competent jurisdiction
attached if the court finds that the punishment is cruel,
degrading or inhuman. 4) After the person is arraigned

Reason: Without a valid penalty, the law is not a penal 5) Such person enters a valid plea.
law.
When does jeopardy NOT attach:
Section 20. No person shall be imprisoned for debt or
1) If information does not charge any offense
non-payment of a poll tax.

2) If, upon pleading guilty, the accused presents

Definition of debt under Section 20
evidence of complete self-defense, and the court
1) Debt refers to a CONTRACTUAL obligation, whether thereafter acquits him without entering a new plea of not
express or implied, resulting in any liability to pay money. guilty for accused.
Thus, all other types of obligations are not within the
3) If the information for an offense cognizable by the
scope of this prohibition.
RTC is filed with the MTC.
2) Thus, if an accused fails to pay the fine imposed upon
4) If a complaint filed for preliminary investigation is
him, this may result in his subsidiary imprisonment
dismissed.
because his liability is ex delicto and not ex contractu.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1) Acquittal 3) One offense is necessarily included or necessary
includes the other.
2) Conviction
Note: where a single act results in the violation of
3) Dismissal W/O the EXPRESS consent of the accused different laws or different provisions of the same law, the
prosecution for one will not bar the other so long as none
4) Dismissal on the merits.
of the exceptions apply.
Examples of termination of jeopardy: Definition of double jeopardy (2 nd sentence of Sec. 21)

1) Dismissal based on violation of the right to a speedy Double jeopardy will result if the act punishable under the
trial. This amounts to an acquittal. law and the ordinance are the same. For there to be
double jeopardy, it is not necessary that the offense be the
2) Dismissal based on a demurrer to evidence. This is a same.
dismissal on the merits.
SUPERVENING FACTS
3) Dismissal on motion of the prosecution, subsequent
to a motion for reinvestigation filed by the accused. 1) Under the Rules of Court, a conviction for an offense
will not bar a prosecution for an offense which necessarily
4) Discharge of an accused to be a state witness. This includes the offense charged in the former information
amounts to an acquittal. where:

When can the PROSECUTION appeal from an order of 1. The graver offense developed due to a supervening
dismissal: fact arising from the same act or omission constituting
the for mer charge.
1) If dismissal is on motion of the accused. Exception: 2. The facts constituting the graver offense became
If motion is based on violation of the right to a speedy trial known or were discovered only after the filing of the
or on a demurrer to evidence. former information.
3. The plea of guilty to the lesser offense was made
2) If dismissal does NOT amount to an acquittal or without the consent of the fiscal and the offended
dismissal on the merits party.

3) If the question to be passed upon is purely legal. 2) Under (1)(b), if the facts could have been discovered
by the prosecution but were not discovered because of
4) If the dismissal violates the right of due process of the prosecution’s incompetence, it would not be
the prosecution. considered a supervening event.

5) If the dismissal was made with grave abuse of Effect of appeal by the accused:
discretion.
If the accused appeals his conviction, he WAIVES his right
What are considered to be the “SAME OFFENSE”: (under to plead double jeopardy. The whole case will be open to
the 1st sentence of Section 21) review by the appellate court. Such court may even
increase the penalties imposed on the accused by the trial
1) Exact identity between the offenses charged in the court.
first and second cases.
Section 22. No ex post facto law or bill of attainder shall
2) One offense is an attempt to commit or a frustration be enacted.
of the other offense.
Definition of ex-post facto law.
1) One which makes an action done before the passing
of the law, and which was innocent when done, criminal,
and punishes such action.

2) One which aggravates the crime or makes it greater

than when it was committed.

3) One which changes the punishment and inflicts a

greater punishment than that which the law annexed to
the crime when it was committed.

4) One which alters the legal rules of evidence and

receives less testimony than the law required at the time
of the commission of the offense in order to convict the
accused.

5) One which assumes to regulate civil rights and

remedies only BUT, in effect, imposes a penalty or
deprivation of a right, which, when done, was lawful.

6) One which deprives a person accused of a crime of

some lawful protection to which he has become entitled
such as the protection of a former conviction or acquittal,
or a proclamation of amnesty.

Note: The prohibition on ex post facto laws only applies to

retrospective PENAL laws.
Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGISLATIVE act which inflicts

punishment W/O JUDICIAL trial.

2) The bill of attainder does not need to be directed at a

specifically named person. It may also refer to easily
ascertainable members of a group in such a way as to
inflict punishment on them without judicial trial.

3) Elements of the bill of attainder

1. There must be a LAW.

2. The law imposes a PENAL burden on a NAMED
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a
GROUP.
3. The penal burden is imposed DIRECTLY by the LAW
W/O JUDICIAL trial.