ARTICLE III – BILL OF RIGHTS
The defendant must be given notice and
Section 1. No person shall be deprived of life,
liberty or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
Definition of “Police Power”:
1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable
laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and
welfare of the commonwealth and of the subjects
of the same.
Aspects of “Due Process”:
1. Procedural due process – refers to the mode
of procedure which government agencies
must follow in the enforcement and
application of laws.
2. Substantive due process – prohibition against
arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and
opportunity to be heard before judgment is
rendered affecting one’s person or property
(Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it
varies with the subject matter and the
necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
1. A 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 or over the property
which is the subject of the proceedings.
3.
an opportunity to be heard.
4. Judgment must be rendered upon a
lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S
HIP
1. The right to a hearing, which includes the right
to present one’s case and submit evidence in
support thereof.
2. The tribunal must consider the evidence
presented.
3. The decision must have something to support
itself.
4. Evidence supporting the conclusion must
be substantial.
5. The decision must be based on the evidence
presented at the hearing or at least contained
in the record and disclosed to the parties
affected.
6. The tribunal or body or any of its judges must
act on its or his own independent
consideration of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision.
7. The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding can
know the various issues involved and the
reasons for the decision rendered.
Note:
1. What is required is not actual hearing, but a
real opportunity to be heard.
2. The requirement of due process can be
satisfied by subsequent due hearing.
3. Violation of due process: when same person
reviews his own decision on appeal.
4. Notice and hearing are required in judicial and
quasi-judicial proceedings, but not in the
promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W
A In A D P
1. The student must be informed in writing of
the nature and cause of any accusation
against them.
2. The student shall have the right to answer the
charges against him, with the assistance of
counsel if desired.
3. The student has the right to be informed of
the evidence against him.
4. The student has the right to adduce evidence
in his own behalf.
 5. The evidence must be duly considered by the 2. The MEANS employed are necessary for the
investigating committee or official designated accomplishment of the purpose and not
by the school authorities to hear and decide unduly oppressive upon individuals.
the case. Requirements of a valid ordinance:
6. The penalty imposed must be proportionate 1. Must not contravene the Constitution or any
to the offense. statute
Note: 2. Must not be unfair or oppressive
1. The school has a contractual obligation to 3. Must not be partial or discriminatory
afford its students a fair opportunity to 4. Must not prohibit, but may regulate trade
complete the course a student has enrolled 5. Must be general and consistent with public
for. policy
2. Exceptions: 6. Must not be unreasonable
3. Serious breach of discipline; or When is a law VAGUE?
4. Failure to maintain the required academic
1. When it lacks COMPREHENSIBLE STANDARDS
standard.
2. That men of ordinary intelligence must
5. Proceedings in student disciplinary cases may
necessarily GUESS as to its meaning
be summary; cross-examination is not
3. And differ as to its application
essential.
Equal Protection of the law

Instances when hearings are NOT necessary: The equality that it guarantees is legal equality or
1. When administrative agencies are exercising
the equality of all persons before the law. It does
their quasi-legislative functions.
not demand absolute equality. It merely requires
2. Abatement of nuisance per se.
that all persons shall be treated alike, under like
3. Granting by courts of provisional remedies.
circumstances and conditions both as to privileges
4. Cases of preventive suspension.
5. Removal of temporary employees in the conferred and liabilities enforced.
government service. Requisites for valid classification for purposes of the equal
6. Issuance of warrants of distraint and/or levy protection clause
by the BIR Commissioner.
The classification must: CODE: SGEE
7. Cancellation of the passport of a person
1. Rest on SUBSTANTIAL DISTINCTIONS
charged with a crime.
2. Be GERMANE to the purposes of the law
8. Issuance of sequestration orders (considered
3. Not limited to existing conditions only
a provisional remedy).
4. APPLY EQUALLY to all members of the SAME
9. Judicial order which prevents an accused
CLASS.
from travelling abroad in order to maintain
the effectivity of the court’s jurisdiction. Section 2. The right of the people to be secure in
10. Suspension of a bank’s operations by the
their persons, houses, papers, and effects against
Monetary Board upon a prima facie finding of
unreasonable searches and seizures of whatever
liquidity problems in such bank.
nature and for any purpose shall be inviolable, and
Note:
no search warrant or warrant of arrest shall issue
1. The right to counsel is a very basic
except upon probable cause to be determined
requirement of substantive due process and
has to be observed even in administrative and personally by the judge after examination under
quasi-judicial bodies. oath or affirmation of the complainant and the
2. The right to appeal is a statutory witnesses he may produce, and particularly
privilege that may be exercised only in the describing the place to be searched and the person
manner in accordance with law. or things to be seized.
Requisites of SUBSTANTIVE due process: CODE: I
M General Rule: Search and seizures are
1. The INTERESTS of the public generally, as unreasonable unless authorized by a validly issued
distinguished from those of a particular class, search warrant or warrant of arrest
requires the interference by the government
and
Requisites for a valid
warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined
personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH 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.
Definition 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.
Existence 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 opposition 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
judges, 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 private communication or a third
person. Hence, both a party and a third
person could be held liable under R.A. 4200 if
they commit any of the prohibited acts under
R.A. 4200 (Ramirez v. Ca)
1. The use of a telephone extension to overhear
a private conversation is not a violation of R.A.
4200 because it is not similar to any of the
prohibited devices under the law. Also, a
telephone extension is not purposely installed
for the purpose of secretly intercepting or
recording private communication. (Gaanan v.
IAC, 145 SCRA 112)
Types of communication protected:
Letters, messages, telephone calls, telegrams and
the like.
Exclusionary rule:
Any evidence obtained shall be inadmissible for
any purpose in any proceeding. However, in the
absence of governmental interference, the
protection against unreasonable search and
seizure cannot be extended to acts committed by
private individuals. (People v. Martin)
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press,
or of the right of the people peaceably to
assemble and petition the government for redress
of grievances.
What are considered protected speech:
Protected speech includes every form of
expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as
what is known as symbolic speech such as the
wearing of an armband as a symbol of
protest. Peaceful picketing has also been included
within the meaning of speech.
Prohibitions under Section 4
1. Prohibition against PRIOR RESTRAINT
1. Prohibition against SUBSEQUENT
PUNISHMENT
Prohibition against prior restraint
1. Prior restraint means official governmental
restrictions on the press or other forms of
expression in advance of actual publication or
dissemination.
2. Examples/forms of prior restraint
1. movie censorship
2. judicial prior restraint = injunction
against publication
3. license taxes based on gross receipts
for the privilege of engaging in the
business of advertising in any
newspaper
4. flat license fees for the privilege of
selling religious books
When prohibition does not apply
1. During a war. Ex. Government can prevent
publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
2. Obscene publications.
Standards for allowable subsequent punishment
TEST CRITERION
1. Dangerous Tendency Test There
should be a RATIONAL CONNECTION between the
speech and the evil apprehended.
2. Clear and Present Danger Test There
should be a clear and present danger that the
words when used under such circumstances are of
such a nature as to create a CLEAR AND PRESENT
DANGER that they will bring about the substantive
evils that the State has a right to prevent.
3. Balancing of Interests Test The
courts should BALANCE the PUBLIC INTEREST
served by legislation on one hand and the
FREEDOM OF SPEECH (or any other constitutional
right) on the other. The courts will then decide
where the greater weight should be placed.
Freedom of Speech
The doctrine on freedom of speech was
formulated primarily for the protection of “core”
speech, i.e. speech which communicates political,
social or religious ideas. These enjoy the same
degree of protection. Commercial speech,
however, does not.
Commercial Speech
1. A communication which no more than
proposes a commercial transaction.
1. To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal
transaction.
1. Even truthful and lawful commercial speech
may be regulated if:
1. Government has a substantial interest
to protect;
2. The regulation directly advances that
interest; and
3. It is not more extensive than is
necessary to protect that
interest. (Central Hudson Gas and
Electric Corp. v. Public Service
Commission 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 Rights guaranteed under Section 6:
of religious profession and worship, without 1. Freedom to choose and change one’s place of
discrimination or preference, shall forever be abode.
allowed. No religious test shall be required for the 2. Freedom to travel within the country and
exercise of civil or political rights. outside.

Curtailment of rights:
Clauses under Section 5
RIGHT MA
1. Non-establishment clause
2. Free exercise of Religion
NNER OF CURTAILMENT
Distinction between the clauses (School District v.
1. Liberty of abode Lawful order of
Schempp, 374 US 203)
the court and within the limits prescribed by law.
1. The non-establishment clause does not
depend upon any showing of direct
2. Right to travel May be
governmental compulsion. It is violated by
curtailed even by administrative officers (ex.
the enactment of laws which establish an
passport officers) in the interest of national
official religion whether those laws operate
security, public safety, or public health, as may be
directly to coerce non-observing individuals or
not. The test of compliance with the non-
provided by law.
establishment clause can be stated as follows:
Note: The right to travel and the liberty of abode
What are the purposes and primary effect of
are distinct from the right to return to one’s
the enactment? If either is the advancement
or inhibition of religion, the law violates the country, as shown by the fact that the Declaration
non-establishment clause. Thus, in order for a of Human Rights and the Covenant on Human
law to comply with the non-establishment Rights have separate guarantees for these. Hence,
clause, two requisites must be met. First, it the right to return to one’s country is not covered
has a secular legislative purpose. Second, its by the specific right to travel and liberty of
primary effect neither advances nor inhibits abode. (Marcos v. Manglapus)
religion.
1. The free exercise of religion clause withdraws Section 7. The right of the people to information
from legislative power the exertion of any on matters of public concern shall be recognized.
restraint on the free exercise of religion. In
order to show a violation of this clause, the
person affected must show the coercive effect Rights guaranteed under Section 7
of the legislation as it operates against him in 1. Right to information on matters of public
the practice of his religion. While the freedom concern
to believe (non-establishment) is absolute, the 2. Right of access to official records and
moment such belief flows over into action, it documents
becomes subject to government regulation. Persons entitled to the above rights
Requisites for government aid to be allowable:
1. It must have a secular legislative purpose; Only Filipino citizens.
2. It must have a primary effect that neither
Discretion of government
advances nor inhibits religion;
3. It must not require excessive entanglement
The government has discretion with respect to the
with recipient institutions.
authority to determine what matters are of public
Section 6. The liberty of abode and of changing the concern and the authority to determine the
manner of access to them.
same within the limits prescribed by law shall not
be impaired except upon lawful order of the
Recognized restrictions on the right of the people
court. Neither shall the right to travel be impaired
to information:
except in the interest of national security, public
1. National security matters
safety or public health, as may be provided by law. 2. Intelligence information
 3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
Section 8. 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.
The right to form associations shall not be impaired
without due process of law and is thus an aspect of
the right of liberty. It is also an aspect of the
freedom of contract. In addition, insofar as the
associations may have for their object the
advancement of beliefs and ideas, the freedom of
association is an aspect of the freedom of speech
and expression, subject to the same limitation.
The right also covers the right not to join an
association.
Government employees have the right to form
unions. They also have the right to strike, unless
there is a statutory ban on them.
Section 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.
1. 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.
Point of reference for valuating a piece of
property:
General rule: The value must be that as of the time
of the filing of the complaint for expropriation.
Exception: When the filing of the case comes later
than the time of taking and meanwhile the value of
the property has increased because of the use to
which the expropriator has put it, the value is that
of the time of the earlier taking. BUT if the value
increased independently of what the expropriator
did, then the value is that of the latter filing of the
case.
Section 10. No law impairing the obligation of
contracts shall be passed.
When does a law impair the obligation of
contracts:
1) If it changes the terms and conditions of a
legal contract either as to the time or mode of
performance
2) If it imposes new conditions or dispenses with
those expressed
3) If it authorizes for its satisfaction something
different from that provided in its terms.
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.
Section 12. Rights of person under investigation
for the commission of an offense.
Rights of person under investigation for the
Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent
counsel, preferably of his own choice
3) Right to provided with the services of counsel
if he cannot afford the services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody
or
2) When a person is otherwise deprived of his
freedom of action in any significant way.
3) When the investigation is being conducted by
the government (police, DOJ, NBI) with respect to
a criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
1) During a police line-up. Exception: Once
there is a move among the investigators to elicit
admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time
he voluntarily surrendered to the police or outside
the context of a formal investigation.
4) Statements made to a private person.
Exclusionary rule
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.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF
COUNSEL.
Section 13. Right to bail 2. The constitutional right is available only in
Who are entitled to bail: criminal cases, not, e.g. in deportation
proceedings.
1) All persons ACTUALLY DETAINED Note:
1. Right to bail is not available in the military.
2) shall, BEFORE CONVICTION 2. Apart from bail, a person may attain
provisional liberty through recognizance.
3) Be entitled to bail.
Section 14. Rights of an accused
Who are not entitled to bail:
Rights of a person charged with a criminal offense
1. Right to due process of law
1) Persons charged with offenses PUNISHABLE
2. Right to be presumed innocent
by RECLUSION PERPETUA or DEATH, when
3. Right to be heard by himself and counsel
evidence of guilt is strong
4. Right to be informed of the nature and cause
of the accusation against him
2) Persons CONVICTED by the trial court. Bail is
5. Right to have a speedy, impartial and public
only discretionary pending appeal.
trial
6. Right to meet the witnesses face to face
3) Persons who are members of the AFP facing
7. Right to have compulsory process to secure
a court martial.
the attendance of witnesses and the
production of evidence in his behalf
Other rights in relation to bail.

1) The right to bail shall NOT be impaired even “DUE PROCESS”

when the privilege of the writ of habeas corpus is
This means that the accused can only be convicted
suspended.
by a tribunal which is required to comply with the
2) Excessive bail shall not be required. 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
2) Nature of the offense from providing that proof of certain facts leads to a
prima facie presumption of guilt, provided that the
3) Penalty imposed by law
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:
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice
when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in
actual detention or custody of the law.
1. Right to be present at the trial
1. The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of
sentence.
1. After arraignment, trial may proceed
notwithstanding absence of accused,
provided 2 requisites are met. Note, that trial
in absentia is allowed only if the accused has
been validly arraigned.
(i) Accused has been duly notified; and 2) To avail himself of his conviction or acquittal
against a further prosecution for the same cause
(ii) His failure to appear is unjustifiable.
3) To inform the court of the facts alleged.
1. The accused may waive the right to be present
at the trial by not showing up. However, the If the information fails to allege the material
court can still compel the attendance of the elements of the offense, the accused cannot be
accused if necessary for identification convicted thereof even if the prosecution is able to
purposes. Exception: If the accused, after
present evidence during the trial with respect to
arraignment, has stipulated that he is indeed
such elements.
the person charged with the offense and
named in the information, and that any time a The real nature of the crime charged is determined
witness refers to a name by which he is
from the recital of facts in the information. It is not
known, the witness is to be understood as
determined based on the caption or preamble
referring to him.
thereof nor from the specification of the provision
1. While the accused is entitled to be present
of law allegedly violated
during promulgation of judgement, the
absence of his counsel during such
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
promulgation does not affect its validity.
TRIAL”
2. Right to counsel
Factors used in determining whether the right to
(a) Right to counsel means the right to EFFECTIVE a speedy trial has been violated.
REPRESENTATION.
1) Time expired from the filing of the
(b) If the accused appears at arraignment without information
counsel, the judge must:
2) Length of delay involved
(i) Inform the accused that he has a right to a
3) Reasons for the delay
counsel before arraignment
4) Assertion or non-assertion of the right by the
(ii) Ask the accused if he desires the aid of counsel
accused
(iii) If the accused desires counsel, but cannot
5) Prejudice caused to the defendant.
afford one, a counsel de oficio must be appointed
Effect of dismissal based on the ground of
(iv) If the accused desires to obtain his own
violation of the accused’s right to speedy trial
counsel, the court must give him a reasonable time
to get one. If the dismissal is valid, it amounts to an acquittal
and can be used as basis to claim double jeopardy.
3. Right to an impartial judge
This would be the effect even if the dismissal was
4. Right of confrontation and cross-examination made with the consent of the accused

5. Right to compulsory process to secure the Remedy of the accused if his right to speedy trial
attendance of witnesses has been violated

“RIGHT TO BE INFORMED OF THE NATURE AND He can move for the dismissal of the case.
CAUSE OF ACCUSATION AGAINST HIM”
If he is detained, he can file a petition for the
Purposes of the right:
issuance of writ of habeas corpus.
1) To furnish the accused with a description of
Definition of impartial trial
the charge against him as will enable him to make
his defenses
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
Section 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, 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.
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 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 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 national defense
3. Return to work order issued by the DOLE
Secretary or the President
Section 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.
Section 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.
Section 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.
Requisites for a valid defense of double jeopardy: CODE:
ATS
1) First jeopardy must have attached prior to the
second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same
offense as that in the first.
When does jeopardy ATTACH: (1st requisite)
CODE: CICAV
1) A person is charged
2) Under a complaint or information sufficient in
form and substance to sustain a conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
When does jeopardy NOT attach:
1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents
evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea
of not guilty for accused.
3) If the information for an offense cognizable by
the RTC is filed with the MTC.
4) If a complaint filed for preliminary
investigation is dismissed.
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 different laws or different provisions of the same
accused law, the prosecution for one will not bar the other
so long as none of the exceptions apply.
4) Dismissal on the merits.
Definition of double jeopardy (2nd sentence of Sec.
Examples of termination of jeopardy: 21)

1) Dismissal based on violation of the right to a Double jeopardy will result if the act punishable
speedy trial. This amounts to an acquittal. under the law and the ordinance are the same. For
there to be double jeopardy, it is not necessary that
2) Dismissal based on a demurrer to the offense be the same.
evidence. This is a dismissal on the merits.
SUPERVENING FACTS
3) Dismissal on motion of the prosecution,
subsequent to a motion for reinvestigation filed by 1) Under the Rules of Court, a conviction for an
the accused. offense will not bar a prosecution for an offense
which necessarily includes the offense charged in
4) Discharge of an accused to be a state the former information where:
witness. This amounts to an acquittal.
1. The graver offense developed due to a
When can the PROSECUTION appeal from an supervening fact arising from the same act or
order of dismissal: omission constituting the former charge.
2. The facts constituting the graver offense
1) If dismissal is on motion of the became known or were discovered only after
accused. Exception: If motion is based on violation the filing of the former information.
of the right to a speedy trial or on a demurrer to 3. The plea of guilty to the lesser offense was
made without the consent of the fiscal and the
evidence.
offended party.
2) If dismissal does NOT amount to an acquittal
2) Under (1)(b), if the facts could have been
or dismissal on the merits
discovered by the prosecution but were not
3) If the question to be passed upon is purely discovered because of the prosecution’s
legal. incompetence, it would not be considered a
supervening event.
4) If the dismissal violates the right of due
process of the prosecution. Effect of appeal by the accused:

5) If the dismissal was made with grave abuse of
discretion.
What are considered to be the “SAME
OFFENSE”: (under the 1st sentence of Section 21)
If the accused appeals his conviction, he WAIVES
his right to plead double jeopardy. The whole case
will be open to review by the appellate court. Such
court may even increase the penalties imposed on
the accused by the trial court.

1) Exact identity between the offenses charged Section 22. No ex post facto law or bill of attainder
in the first and second cases. shall be enacted.

2) One offense is an attempt to commit or a Definition of ex-post facto law.

frustration of the other offense.
1) One which makes an action done before the Louie, Carrie, Evelyn, Thel, Gem, Ronald
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.

Reference:
Political Law (Constitutional Law) Reviewer &
Memory Aid
Ateneo Central Bar Operations 2001