CHAPTER 11: LIBERTY OF ABODE

AND TRAVEL
PURPOSE: to further emphasize the
individuals liberty as safeguard in
general terms by the due process.
LIMITATIONS: (both are subject to
Judicial review)
1) On liberty of abode: lawful order of
the court.
2) On right to travel: national security,
public safety or public health, as may
be provided by law
- Lawful order of the court is a valid
restriction.
- Court may validly refuse to grant
the accused permission to travel
abroad, even if the accused in out on
bail. (Manotoc vs. CA)
- Liberty of travel may be impaired
even
without
court
order,
the
appropriate executive officers or
administrative authorities are not
armed with arbitrary discretion to
impose limitations (passport officers)
- Principles:
1) The Hold-departure Order
2) By posting bail
3) Parties with pending cases
should apply for permission to
leave the country.
RIGHTS GUARANTEED:
1. Freedom to choose and change
ones place of abode.
2. Freedom to travel within the
country and outside.
NOTE: The right to travel and the
liberty of abode are distinct from the
right to return to ones country, as
shown by the fact that the Declaration
of Human Rights and the Covenant on

Human
Rights
have
separate
guarantees for these. Hence, the right
is NOT covered by the specific right to
travel and liberty of abode (Marcos vs.
Manglapus)
CHAPTER
RELIGION

12

FREEDOM

OF

TWO GUARANTEES:
1. Non-Establishment Clause
- Violated by the establishment
or enactment of official religion.
- Separation
State

of

Church

and

TWO REQUISITES:
A. It has a secular legislative
purpose.
B. Its primary effect neither
advances nor inhibits religion
REQUISITES FOR GOVT AID TO BE
VALID:
S It must have
legislative purpose

SECULAR

P It must have a PRIMARY

EFFECT that neither advances nor
inhibits religion.
E - It must not require excessive
ENTANGLEMENT with recipient
institutions.
NACHURAS VERSION:
S- no Sectoral representative
from the religious sector;
P- Cannot be registered
political party;

as

U- Prohibition against the use of

public money or property for
the benefit of any religion, or of
any priest, minister or ecclesiastic.

L- Nor pass LAWS which aid one

religion, aid all religion or prefer one
over another;
I- Nor force nor INFLUENCE a person
to go to or remain away from church
against his will;

EXCEPTIONS: ( T-P-R-O)
T- Exception from TAXATION (Real
Property Tax) of properties ACTUALLY,
DIRECTLY and EXCLUSIVELY (A-D-E)
used for RELIGIOUS, EDUCATIONAL
and CHARITABLE purposes (R-E-C)
Art 6 sec 28 (3)
P PUBLIC AID TO RELIGION.
Appropriation allowed where the
minister or ecclesiastic is employed in
the
ARMED
FORCES,
PENAL
INSTITUTION or in the governmentowned
ORPHANAGE
OR
LEPROSARIUM (A-P-O-L) Art 6 sec 29
(2)
R- RELIGIOUS INSTRUCTION IN
PUBLIC SCHOOL
Optional religious instruction in public
elementary and high schools
expressed
in
writing
by
the
parents/guardians,
taught
within
regular class hours; and without
additional costs on the Government
Art 14 sec 3 (3)
O- OPERATION OF SECTARIAN
SCHOOL
Citizenship requirement of ownership
of educational institutions, except
those established by religious groups
and mission boards. Art 14 sec 4 (2)
Scope: (NACHURA)
C- State cannot set up a CHURCH

F-Or FORCE him to profess a belief or

disbelief in any religion.
2. Free Exercise Clause
-Violation of this clause: coercive
effect of the legislation operates
against the person in the practice of
his religion.
SCOPE
1. right to believe, which is absolute
2. Right to act according to ones
belief, which is subject to regulation.
THE COMPELLING STATE INTEREST
TEST:
Estrada vs. Escritor (administratively
charged with immorality for living with
a married man, not her husband;
conjugal
arrangement
was
in
conformity with their religious beliefs).
BENEVOLENT NEUTRALITY
Recognizes that government must
pursue its secular goals and interests,
but at the same time, strive to uphold
religious liberty to the greatest extent
possible within flexible constitutional
limits.
2 steps:
1) Whether respondents right to
religious freedom has been burdened
and
2) Ascertain respondents sincerity in
his beliefs.

CHAPTER
13:
EXPRESSION

FREEDOM

OF

SCOPE : S-P-A-R-P-A-A-D
S- SPEECH
P-PRESS
A-ASSEMBLY
R-RELIGION
P-PETITION
A-ASSOCIATION
A-ACCESS TO INFO OF PUBLIC
CONCERN
D-NOT TO BE DETAINED SOLELY BY
REASON OF POLITICAL BELIEFS AND
ASPIRATIONS

U-government interest is unrelated

to
the
suppression
of
free
expression; and
S - furthers an important or
substantial government interest;
E-incidental restriction on the freedom
is no greater than is essential to the
furtherance of that interest.
DOCTRINE OF OVERBREADTH
- Statute operates to inhibit the
exercise
of
individual
freedom
affirmatively
guaranteed
by
the
Constitution.
- Fails to give adequate warning of the
boundary between constitutionally
permissible
and
constitutionally
impermissible applications of the
Statute.

ELEMENTS:
1. FREEDOM FROM PREVIOUS
RESTRAINT AND CENSORSHIP - Art
3 sec 4
- Need not be total suppression,
even
restriction
of
circulation
constitutes censorship.
- Movie
censorship:
movie,
compared
to
other
media
of
expression, have a greater capacity
for evil and must, therefore, be
subjected to a greater degree of
regulation.
TEST FOR THE VALIDITY OF
GOVERNMENT REGULATION, VALID
IF (OBRIEN TEST):
C- within the constitutional power
of government;

2. FREEDOM FROM SUBSEQUENT

PUNISHMENT Art 3 sec 18

TEST OF VALID
INTERFERENCE

GOVERNMENT

(1) Clear and Present Danger Rule

- - Whether the words are used in
such circumstances and of such nature
as to create a clear and present
danger that they will bring about the
substantive evils that the State has
the right to prevent.
- The substantive evil must be
extremely serious and the degree of
imminence extremely high before
utterances can be punished.
- Rule: the danger created must not
only be clear and present but also
traceable to the ideas expressed.

ALSO KNOWN AS THE LEMON TEST

(2)Dangerous Tendency Rule
APACCS- API:
- Words uttered create a dangerous
tendency of an evil which the State
has the right to prevent, then such
words are punishable.
- Sufficient if the natural tendency
and the probable effect of the
utterance were to bring about the
substantive evil that the legislative
body seeks to prevent.
(3)Balancing of Interests Test
- When
particular
conduct
is
regulated in the interest of public
order, and the regulation results in an
indirect,
conditional
or
partial
abridgment of speech, the duty of the
courts is to determine which of the
two conflicting interests demands the
greater protection under the particular
circumstances presented.
- Requires a court to take conscious
and detailed consideration of the
interplay of interests observable in a
given situation.
Tests applied by the court:
1. purpose test
2. auspice test

RECOGNIZED
RESTRICTION
ON
RIGHT TO INFORMATION: (Chavez
vs PCGG)
N- National security matters and
I- Intelligence Information
T- Trade Secret
B- and Bank Secrets
C- Criminal matters
O- Other confidential information
TEST FOR OBSCENITY ( MILLER VS
CALIFORNIA)

Whether
the
Average
Person,
Applying Contemporary Community
Standards would find that the work,
taken as a whole, Appeals to the
Prurient Interest.
WDD POW SCL
Whether the Works Depicts or
Describes, in a Patently Offensive
Way, Sexual Conduct, specifically
defined by Law.
SLAPS
Whether the work, taken as a whole,
lacks
Serious,
Literary,
Artistic,
Political or Scientific value.
CHAPTER 14: IMPAIRMENT CLAUSE
Impairment: anything that diminishes
the efficacy of the contract.
Substantial impairment when the law
changes either:
T- Time of performance
I- Imposes new conditions
M- Mode of performance
D- Dispenses with those expressed
A- Authorizes for its satisfaction
something different from that provided
in its terms
LIMITATIONS:
1) Police power public welfare is
superior to
private rights
2) Eminent domain
3) Taxation - Franchises, privileges,
licenses, etc do not come within the
context of the provision

THE FOLLOWING YIELD NONIMPAIRMENT:

I Invalid exercise of Police
Power
S Statute that exempts
person from
paying one class of tax.
A- Against freedom of Religion
J- Judicial order of the Court

CHARACTERISTICS:
R- Retroactive
PWorks to the prejudice of the
accused
CRefers to criminal matters
BILL OF ATTAINDER
Definition: legislative act that inflicts
punishment without trial.

CHAPTER 15 : EX POST FACTO

LAWS
M- Law that makes criminal an
action done before the passage of the
law and which was innocent when
done, and punishes such action;
A- Law that aggravates a crime, or
makes it greater than it was when
committed;
CLaw
that
changes
the
punishment, and inflicts a greater
punishment than the law annexed to
the crime when committed;
A-Law that alters legal rules of
evidence and receives less or
different testimony than the law
required at the time of the commission
of the offense, in order to convict the
offender;
L- Law which deprives a person
accused of a crime of some lawful
protection to which they have
been entitled
E- Law which, assuming to regulate
civil rights and remedies only, in
effect imposes a penalty or the
deprivation of a right for something
which when done was lawful;

Substitutes legislative fiat for a judicial

determination of guilt.
It is only when the statute applies
either to named individuals or to easily
ascertainable members of a group in
such a way as to inflict punishment on
them without judicial trial that it
becomes a bill of attainder.
CHAPTER
16:
IMPROSONMENT OF DEBT
3 MODES OF IMPRISONMENT
NON-PAYMENT OF DEBT

NONFOR

C- Arising from CRIMES

S- SUBSIDIARY fine for non payment
of fine
N- NON PAYMENT OF TAX , except
for poll tax
CHAPTER
SERVITUDE

17:

INVOLUNTARY

EXCEPTIONS:
P- PUNISHMENT of crime whereof the
party shall
have been duly convicted.
A- ALL citizens may be required,
under
conditions provided by law to
render
personal military or civil service.

N- Naval Enlistment

Lthan

P- Service under POSSE COMITATUS

for the
apprehension of the criminals.

Sentence to a LONGER penalty

that subsequently meted out to
another person convicted of the
same offense.
UUNLAWFUL denial of bail.
DDENIAL of speedy trial.

S- STRIKING workers in industries

affected with
public interest.
P- unemancipated minors come under
PATRIA POTESTAS
CHAPTER 18: THE
HABEAS CORPUS

WRIT

OF

The privilege of the writ of habeas

corpus shall not be suspended except
in cases of invasion or rebellion
when public safety requires it.
Definition:
Is a prerogative writ of liberty
employed to test the validity of
persons detention.
The writ id directed to the person
detaining another, commanding him
to produce the body of the prisoner at
a designated time or place, with the
day and cause of his caption and
detention, to do, to submit to and
receive whatever the court or judge
awarding the writ shall consider in his
behalf. It is a high prerogative
common law writ of ancient origin the
great object of which is the liberation
of those who may be in prison without
sufficient cause.
WHEN AVAILABLE:
PMJ-

Physical restraint
Moral restraint
Convicted by a court without
JURISDICTION or where his
sentence
has become invalid.

WRIT OF AMPARO
-Remedy for the protection against
acts or omission of public authorities
in violation of constitutional rights.
WRIT OF HABEAS DATA
-Remedy available to any person
whose right to privacy in life or
security is violated or threatened by
an unlawful act or omission of a public
official or employee, or of a private
individual or entity engaged in
gathering, collecting , or storing of
data, information regarding the person
, family , home and correspondence of
the aggrieved party.
CHAPTER
19:
DISPOSITION OF CASES
COURT
OF
JUSTICE
LOWER COURTS
COURT OF APPEAL
SUPREME COURT
CONSTI COMM

SPEEDY

PERIOD
DECISION
3 MONTHS
12 MONTHS
24 MONTHS
60 DAYS

FOR

- Like right to speedy trial, this right

is violated only when the proceedings
are
attended
by
vexatious,
capricious and oppressive delays
or when unjustified postponements of
the trial are asked for and secured, or
when without cause or justifiable
motive a long period of time is allowed
to elapse without the party having his
case tried.

CHAPTER
ACCUSED

20:

RIGHTS

OF

THE

CONSTITUTIONAL RIGHTS OF THE

ACCUSED
GENERAL RULE
No person shall be held to answer for
a criminal offense WITHOUT due
process of law.

2. The RIGHT TO BE HEARD BY

HIMSELF AND COUNSEL
-Right to counsel during the trial is
NOT subject to waiver because even
the most intelligent or educated man
may have no skill in the science of
law, particularly in the rules of
procedure, and without counsel. He
may be convicted not because he is
guilty but because he does not know
how to establish his innocence.

In Criminal Prosecution

- Right
to
counsel
is
NOT
indispensable to due process of law.

1. The accused shall be PRESUMED

INNOCENT until the contrary is
proved,

-Exceptions: cannot be waived during

trial.

- Every circumstance favoring the

innocence of the accused must be
taken into account.
-Will NOT apply if there is some logical
connection between the fact proved
and the ultimate fact presumed, and
the inference of one fact from proof of
another shall not be so unreasonable
as to be purely arbitrarily mandate.
-Can be invoked only by an individual
accused of a criminal offense.
-Corporate entity has no personality to
invoke the same.
- Presumption that official duty was
regularly performed cannot, by itself,
prevail
over
the
constitutional
presumption of innocence.
-Exception: when it is not the sole
basis for conviction.
- Constitutional presumption may be
overcome by contrary presumptions
based on experience of human
conduct. (e.g. unexplained wealth)

-But this is NOT ABSOLUTE. Option

cannot
be
used
to
sanction
reprehensible dilatory tactics, to trifle
with ROC, or prejudice the equally
important rights of the State and the
offended
party
to
speedy
and
adequate justice.
3. To be INFORMED OF THE NATURE
AND
CAUSE
OF
ACCUSATION
AGAINST HIM
Rationale:
*Furnish the accused with such
a description of the charge
against him as will enable him
to prepare for his defense;
*Avail himself of his conviction
or acquittal for protection
against a further prosecution for
the same cause; and
*To inform the Court of the facts
alleged, so that it may decide
whether they are sufficient in
law to support a conviction.

4. To have A SPEEDY, IMPARTIAL

AND PUBLIC TRIAL
Free from vexatious, capricious and
oppressive delays.
Accused entitled to dismissal,
equivalent to acquittal, if trial is
unreasonably delayed.
Relative subject to reasonable
delays and postponements arising
from illness, medical attention, body
operations, etc.
Aggrieved party also has the same
rights as the accused.
Separate trial is in consonant with
the right of the accused to a speedy
trial.

IMPARTIAL TRIAL VS PUBLIC TRIAL

Impartial Trial
Cold neutrality of an impartial
judge for the benefit of the litigants
and is also designed to preserve the
integrity of the judiciary and to gain
and maintain the peoples faith in the
institution s they have erected when
they adopted the Constitution.

Intended to prevent abuses that

may be committed against accused.
Not absolute (exceptions: Rape,
Adoption,
Annulment
ART
36,
Support).

Not synonymous to publicized trial.

Means that the court doors must be

open to those who wish to come, sit in
the
available
seats,
conduct
themselves with decorum and observe
trial processes.
PUBLICITY
OF
NECESSARY:

THE

TRIALIS

1. To prevent abuses that may be

committed by the court to the
prejudice of the defendant.
2. People have a right to attend
the
proceedings
not
only
because of their interest therein
but also so they can see
whether
or
not
the
constitutional safeguards for the
benefit of the accused are being
observed.
3. Accused is entitled to the
company of his relatives and
friends to give him moral
support he needs during his
ordeal.

Pervasive publicity is not per se

prejudicial to the right of the accused
to a fair trial.
Trial judges must be accorded a
reasonable leeway in asking questions
as may be essential to elicit relevant
facts and to bring out the truth. This is
not only a right but also duty of the
judge.
PUBLIC TRIAL

TRIAL IN ABSENTIA
-After
ARRAIGNMENT,
trial
may
proceed notwithstanding the absence
of the accused provided that he has
been duly notified and his failure to
appear is unjustifiable.

REQUISITES OF TRIAL IN ABSENTIA:

PURPOSE of CROSS-EXAMINATION:

A- The accused has already been

ARRAIGNED.

1. Intended to prevent conviction of

the accused upon deposition or ex
parte affidavits, and particularly

N- He has been duly NOTIFIED of the

trial.
U
His
failure
UNJUSTIDIED.

to

appear

Purpose is to speed
disposition of criminal cases.

up

is
the

2. To test the recollection of the

witness in the exercise of the right of
cross-examination
3. Enable the court to observe the
demeanor of the witness and gauge
the credibility of his testimony.

Mandatory
upon
the
court
whenever the accused has been
arraigned, notified of the date/s of
hearing/s
and
his
absence
is
unjustified.

Testimony of the witness who has

not submitted himself to crossexamination is NOT admissible in
evidence being hearsay.

After the accused has waived

further appearance during trial, he can
still be ordered arrested by the court
for non-appearance upon summons to
appear for purposes of identification.

EXCEPTIONS:

WHERE PRESENCE OF ACCUSED IS

REQUIRED:
-Absence to the following will be
waiver of right

1. Dying declaration made to 3rd

person.
2. If the witness died, only the portion
of his testimonies who have been
subjected to cross examination will be
admissible in evidence.
This right can be waived.

1. Arraignment + Plea (Special

Power of Attorney is NOT
allowed and NOT a valid
substitution).

6. To have
to secure
witnesses
evidence in

2. During
TRIAL
IDENTIFICATION

SUBPOEANA process directed to a

person requiring him to attend and to
testify at the hearing or trial of an
action
or
at
any
investigation
conducted under the laws of the
Philippines or for the taking of his
deposition.

for

3. PROMULGATION (except for light

offenses).

COMPULSORY PROCESS
the attendance of the
and the production of
his behalf.

5. To MEET THE WITNESSES FACE

TO
FACE
/
RIGHT
OF
CONFRONTATION
TWO KINDS:
-Right
to
cross-examine
complainant and the witnesses.

the

1. SUBPOENA
AD
TESTIFICANDUM: compel a person to
testify

T- TESTIMONIAL compulsion
PPRODUCTION
of
documents, papers and chattels
that may be used as evidence
against the witness.

2. SUBPOENA
DUCES
TECUM:
compel the production of books,
records, things or documents.

Hspecimen
HANDWRITING.

o TEST OF RELEVANCY: books,

documents or other things requested
must appear prima facie relevant to
the issue subject of the controversy.

of

his

WAIVER OF RIGHT
1. DIRECT

o TEST OF DEFINITENESS: such

books must be reasonably described
by the parties to be readily identified

CERTAIN
UNEQUIVOCAL
INTELIGGENTLY
UNDERSTANDINGLY
WILLINGLY
Made

REQUISITES:
1. Evidence is really material
2. Accused is not guilty of neglect in
previously obtaining the production of
such evidence

2. BY FAILURE TO INVOKE IT

3. The evidence will be available at

the time desired.

RIGHTS:

4. No similar
obtained.

evidence

can

CUSTODIAL INVESTIGATION

1. Right to be informed of his

right to remain silent and to
have
competent
and
independent counsel preferably
of his own choice, if he cannot
afford the services of the
counsel, he must be provided
with one.

be

REQUIREMENTS OF CRIMINAL DUE

PROCESS
IIMPARTIAL
court

and

competent

2. Right to remain silent

PIn
accordance
with
the
PROCEDURE
prescribed by law.

3. Right to have competent and

independent counsel, preferably
of his own choice, if he cannot
afford the services of the
counsel, he must be provided
with one.

OWith proper OBSERVANCE of

all the
rights
accorded
him
under the
Constitution
and
the
applicable statutes.
SELF INCRIMINATION
SCOPE:

REQUISITES FOR EXTRA JUDICIAL

CONFESSION TO BE ADMISSIBLE:
V-

VOLUNTARY

AWE-

with ASSISTANCE of a counsel

in WRITING
EXPRESS

RIGHTS
WAIVED

THAT

CAN

ONLY

BE

1. Right to remain Silent

2. Right to have counsel
WAIVING OF RIGHT
COUNSEL MUST BE:
VKICW-

TO

HAVE

VOLUNTARY
KNOWINGLY
INTELIGENTLY
in the presence of COUNSEL
Reduced in WRITING

TRANSACTIONAL IMMUNITY
-witness immune from any criminal
prosecution for an offense to which
his compelled testimony relates.
USE-AND-FRUIT IMMUNITY
-prohibits the use of the witness
compelled testimony and its fruits in
any manner in connection with the
criminal prosecution of the witness.
RECOGNIZANCE
-an obligation of record, entered into
before some court or magistrate duly
authorize to take it, with the condition
to do some act, the most usual
condition in criminal cases the
appearance of the accused for trial.
(PP v. Abner, 87 Phil 566, 569)
WHEN IS RECOGNIZANCE ALLOWED BY
LAW OR RULES?
Espiritu v. Jovellanos, [A.M. No. MTJ-971139. October 16, 1997]

Under Rule 114, 15 of the Rules of

Court, the release on recognizance of
any person under detention may be
ordered only by a court and only in the
following cases:
(a) when the offense charged is for
violation of an ordinance, a light
felony, or a criminal offense, the
imposable penalty for which does not
exceed 6 months imprisonment and/or
P2,000 fine, under the circumstances
provided in R.A. No. 6036;
(b) where a person has been in
custody for a period equal to or more
than the minimum of the imposable
principal penalty, without application
of the Indeterminate Sentence Law or
any modifying circumstance, in which
case the court, in its discretion, may
allow his release on his own
recognizance;
(c) where the accused has applied for
probation, pending resolution of the
case but no bail was filed or the
accused is incapable of filing one; and
(d) in case of a youthful offender held
for physical and mental examination,
trial, or appeal, if he is unable to
furnish
bail
and
under
the
circumstances envisaged in P.D. No.
603, as amended (Art. 191).
BAIL GUIDELINES:
SSTRENGTH/WEIGHT
OF
EVIDENCE
PPROBABILITY
OF
THE
ACCUSED OF
APPEARING AT THE
TRIAL
IIF THE ACCUSED IS UNDER
BOND WITH
OTHER CASE

NNATURE AND CONSEQUENCE

OF THE
OFFENSE
AFINANCIAL ABILITY TO POST
BAIL
CCHARACTER AND REPUTATION
OF THE
ACCUSED
HHEALTH AND AGE
P-

PENALTY IMPOSED

FFORFEITURE
OF
PREVIOUS BAIL
BONDS
WA

THE

WHETHER THE ACCUSED WAS

FUGITIVE FROM JUSTICE WHEN
ARRESTED.

BAIL AS A MATTER OF RIGHT:

EXCEPTION

RULE 114 SEC 4

All persons in custody shall be
admitted to bail as a matter of right,
with sufficient sureties, or released on
recognizance as prescribed by law or
this rule
(a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b)
before conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment. (4a)
BAIL WHEN DISCRETIONARY
RULE 114 SEC 5
Upon conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment, admission to bail is
discretionary. The application for bail
may be filed and acted upon by the

trial court despite the filing of a notice

of appeal, provided it has not
transmitted the original record to the
appellate court. However, if the
decision of the trial court convicting
the accused changed the nature of the
offense from non-bailable to bailable,
the application for bail can only be
filed with and resolved by the
appellate court.
Should the court grant the application,
the accused may be allowed to
continue on provisional liberty during
the pendency of the appeal under the
same bail subject to the consent of the
bondsman.
If the penalty imposed by the trial
court is imprisonment exceeding six
(6) years, the accused shall be denied
bail, or his bail shall be cancelled upon
a showing by the prosecution, with
notice to the accused, of the following
or other similar circumstances:
(a) That he is a recidivist, quasirecidivist,
or
habitual
delinquent, or has committed
the crime aggravated by the
circumstance of reiteration;
(b) That he has previously
escaped
from
legal
confinement, evaded sentence,
or violated the conditions of his
bail without valid justification;
(c) That he committed the
offense while under probation,
parole, or conditional pardon;
(d) That the circumstances of
his case indicate the probability
of flight if released on bail; or
(e) That there is undue risk that
he may commit another crime

during the
appeal.

pendency of

the
As laid down in PP vs VALDEZ GR
175602

The
appellate
court
may, motu
proprio or on motion of any party,
review the resolution of the Regional
Trial Court after notice to the adverse
party in either case. (5a)
TWO KINDS OF INJURIES
PERSONAL INJURY
-Produced by the criminal act which is
sought to be repaired thru imposition
of the corresponding penalty

-the acts or omission complained

must be alleged in such form as is
sufficient to enable a person of
common understanding to know what
offense is intended to be charged,
and enable the court to pronounce
proper judgment.
- to enable the accused to suitably
prepare for his defense.
CIRCUMSTANTIAL
EVIDENCE
IN
ORDER TO WARRANT CONVICTION:

SOCIAL INJURY

1) More than one circumstance.

-caused to the victim of the crime

which injury is sought to be
compensated thru indemnity

2) Facts from which the inference are

derived are proven.

DESCRIPTION VS DESIGNATION
DESIGNATION
-Particular law or
allegedly violated.

3) Combination
of
all
the
circumstances is such as to produce a
conviction beyond reasonable doubt.
PROHIBITED PUNISHMENT

part

thereof

- Mere conclusions of law made by

the prosecutor.
DESCRIPTION
-the acts or omission complained
which includes EVERY elements of the
offense
NOTE:
Description NOT the designation of
the offense controls.
- Accused can be convicted only of
the crime alleged or necessarily
included in the allegations in the
information.

- Excessive fines shall not

imposed.
- Nor
cruel,
degrading
inhuman punishment inflicted.

be
or

* CRUEL:
involves a deliberate
design to increase the suffering of the
prisoner in a manner so flagrant and
oppressive as to revolt the moral
sense of the community.
* DEGRADING: No respect on the
integrity of the person.
* INHUMAN: revolts against human
conscience
DOUBLE JEOPARDY

- FIRST SENTENCE:
No person
shall be twice put in jeopardy of
punishment for the same offense.
- SECOND SENTENCE: If an act is
punished by law and an ordinance,
conviction or acquittal under either
shall constitute a bar to another
prosecution for the same act.
REQUISITES:
1. VALID
COMPLAINT
INFORMATION
-Does not attach
investigation.

in

OR

preliminary

2. FILED BEFORE A COMPETENT

COURT
Mistake has been made in charging
the proper offense, the first charge
shall be dismissed to pave the way for
the filing of the proper offense. The
dismissal of the first case will not give
rise to double jeopardy inasmuch as
the court does not have jurisdiction
over the case.
3. TO WHICH
PLEADED

DEFENDANT

no arraignment
jeopardy.

no

HAD
double

grant of motion to quash, filed

before the accused makes his plea,
can be appealed by the prosecution
because the accused has not yet been
placed in jeopardy.

promulgation of the other part, the

imposition
of
the
criminal
accountability and does not constitute
a violation of the proscription against
double jeopardy.
DISMISSAL OF ACTION
PERMANENT DISMISSAL:
1) Termination of the case on the
merits resulting in either conviction or
acquittal.
2) Dismissal of the case because of
the prosecutions failure to prosecute (
DOCTRINE OF NOLLE PROSEQUI)
3) Dismissal on the ground of
unreasonable delay in violation of the
right to speedy trial.
PROVISIONAL DISMISSAL
Dismissal without prejudice to
reinstatement
before
order
of
dismissal
becomes
final
or
to
subsequent filing of a new information
within the periods allowed by law.
- Express consent directly given,
either viva voce or in writing, a
positive, direct, unequivocal consent
requiring no inference or implication to
supply its meaning.
- When dismissal is made at the
instance of the accused, there is no
double jeopardy.

4. DEFENDANT WAS PREVIOUSLY

ACQUITTED OR CONVICTED, OR
THE
CASE
DISMISSED
OR
OTHERWISE
TERMINATED
WITHOUT HIS EXPRESS CONSENT.

- When the ground for motion to

dismiss is insufficiency of evidence
(grant of demurrer)
Equivalent to an acquittal
and any further prosecution would
violate the constitutional proscription
against double jeopardy.

Promulgation of only one part of

the decision is not a bar to the

- When the proceedings have been

unreasonably prolonged as to

violate the right of the accused to

speedy trial double jeopardy.

DISCHARGE OF CO-ACCUSED TO
BE UTILIZED AS GOVERNMENT
WITNESS

DOUBLE
JEOPARDY
PROVIDES
THREE RELATED PROTECTIONS:

2) Against a 2nd prosecution for the

same offense after conviction; and

- Accused cannot be prosecuted

anew for an identical offense, or for
any attempt to commit the same or
frustration thereof, or for any offense
which necessarily includes or is
necessarily included in the offense
charged in the original complaint or
information.

3) Against multiple punishments for

the same offense.

CRIMES COVERED

INSTANCES WHEN PROSECUTION MAY

APPEAL:

DOCTRINE
EVENT

1) Prosecution
is
denied
due
process, such denial results in loss or
lack of jurisdiction and this appeal
may be allowed

the accused may still be prosecuted

for another offense if a subsequent
development changes the character of
the first indictment under which he
may have already been charged or
convicted.

1) Against 2nd prosecution for the

same offense after acquittal;

2) Accused
has
waived
or
is
estopped from invoking his right
against double jeopardy.

OF

SUPERVENING

of

-The conviction of the accused shall

not be a bar to another prosecution for
an offense which necessarily includes
the offense charged in the original
complaint or information when:

2) State is deprived of fair opportunity

to prosecute and prove its case

a. Graver offense developed due to

supervening facts arising from the
same act or omission;

NO DOUBLE JEOPARDY:
1) Mistrial
venue)

REMEDY:

transfer

4) Lack of proper notice to be heard

b. Facts
constituting
the
graver
offense or were discovered only after
the filing of the former complaint or
information; or

5) Accused waives or is estopped

from invoking his right against double
jeopardy.

c. The plea of guilty to a lesser

offense was made without the consent
of the fiscal or the offended party.

3) Dismissal of information/complaint
is purely capricious.

6) Dismissal/acquittal is made with

grave abuse of discretion

DOCTRINE
OFFENSE

OF

INSEPARABLE

-when one offense is inseparable from

another and proceeds from the same
act, they cannot be subject of
separate prosecutions.
However, it is possible for one act to
give rise to several crimes, in which
case separate prosecutions for each
crime may be filed, provided that the
elements of the several crimes are not
identical.
PLEA BARGAINING
-a process whereby the accused and
the prosecution work out a mutually
satisfactory disposition of the case
subject to court approval. It usually
involves the defendants pleading
guilty to a lesser offense or to only one
or some of the counts of a multi-count
indictment in return for a lighter
sentence than that for the graver
charge.
Plea bargaining is authorized under
Section 2, Rule 116 of the Revised
Rules of Criminal Procedure, to wit:
SEC. 2. Plea of guilty to a lesser
offense.
At
arraignment,
the
accused, with the consent of the
offended
party
and
the
prosecutor, may be allowed by the
trial court to plead guilty to a
lesser offense which is necessarily
included in the offense charged. After
arraignment but before trial, the
accused may still be allowed to plead
guilty to said lesser offense after
withdrawing his plea of not guilty.
No amendment of the complaint or
information is necessary. (sec. 4, cir.
38-98)
Ordinarily, plea bargaining is made
during the pre-trial stage of the

proceedings. Sections 1 and 2, Rule

118 of the Rules of Court, require plea
bargaining to be considered by the
trial court at the pre-trial conference,
[8] viz:
-The rules however use word may in
the second sentence of Section 2,
denoting an exercise of discretion
upon the trial court on whether to
allow the accused to make such plea.
-Trial courts are exhorted to keep in
mind that a plea of guilty for a lighter
offense than that actually charged is
not supposed to be allowed as a
matter of bargaining or compromise
for the convenience of the accused.
CHAPTER 22: CITIZENS OF THE
PHILIPPINES
Citizenship:
membership
in
a
political community which is personal
and more or less permanent in
character.
-entitled to both civil and political
rights.
Nationality : membership in any
class or form of political community.
- It does not necessarily include the
right/privilege of exercising civil or
political rights.
MODES OF ACQUIRING:
1) Marriage
2) Birth
- Jus soli ( virtue of blood relation)
- Jus sanguinis ( virtue of the place of
birth)
3) Naturalization

- Process by a foreigner acquires,

voluntarily or by operation of law, the
citizenship of another state.

2) Active participation of the SolGen

or his representative.
3) Finding of citizenship is affirmed by
the SC
CITIZENS OF THE PHILIPPINES

NATURAL-BORN CITIZENS
citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship.
MARRIAGE BY FILIPINO TO AN
ALIEN
citizens of the Philippines who marry
aliens shall retain their citizenship,
unless by their act or omission they
are deemed, under the law, to have
renounced it.
-Dual allegiance of citizens is
inimical to the national interest and
shall be dealt with by law.
- Dual
citizenship
as
a
disqualification under the LGC must
refer to dual allegiance.
- For
candidates
with
dual
citizenship, it is sufficient that they
elect Philippine citizenship upon the
filing of their certificate of candidacy
to terminate their status as persons
with dual citizenship.
DOCTRINE OF RES JUDICATA does
not ordinarily apply to questions of
citizenship.
Exception:
1) Persons citizenship is resolved by
a court or an administrative body as a
material issue in the controversy, after
full-blown hearing.

1) Citizens of the Philippines at

the time of the adoption of the
1987 Constitution.
2) Whose fathers or mothers are
citizens of the Philippines.
3) Born before January 17, 1973,
of Filipino mothers, who elect
Philippines
citizenship
upon
reaching the age of majority.
Election stated in a statement to be
signed and sworn to by the party
concerned
before
any
official
authorized to administer oath.
Filed with the nearest Civil Registry.
Accompanied with the Oath of
Allegiance to the Constitution and the
Government
Within 3 years from reaching the
age of majority except when there is
justifiable reason for delay.
DOCTRINE
OF
IMPLIED
ELECTION exercise of right of
suffrage and participation in the
election exercises.
Right is available to the child as
long as the mother was a Filipino
citizen at the time of the marriage to
the alien, even if by reason of such
marriage, she lost her Philippine
citizenship and even if the mother was
not a citizen at time of birth.
Right to elect Philippine citizenship
is an inchoate right.

 During his minority, child is an

alien.
Apply only to legitimate children.
If the child is illegitimate, he
follows the status and citizenship of
his known parent, the mother.
4) Naturalization

-individual may be compelled to retain

his original nationality even if he has
already renounced or forfeited it under
the laws of the second State whose
nationality he has acquired.
QUALIFICATIONS:
1) Not less than 21 at the date of the
hearing;
2) Resided in the Philippines for a
continuous period of 10 years

TWO WAYS:
1. DIRECT NATURALIZATION
** effected:

REDUCED TO 5 YEARS IF :
a. Born in the Philippines

a.) by individual proceedings, usually

judicial, under general naturalization
laws
b.) by special act of the legislature ,
often in favour of distinguished
foreigners who have rendered some
notable service to the local state.
c.) by collective change of nationality (
naturalization en masse) as a result of
cession or subjugation.
d.) in some cases, by adoption of
orphan minors as nationals of the
state where they are born.
2. DERIVATIVE NATURALIZATION
**conferred
a.) on the wife of the naturalized
husband
b.) on the minor children of the
naturalized parent

b.
Honourably
held
office
in
Government
c.) Introduced a useful invention or
established a new industry
d.) Engaged as a teacher in the
Philippines, public or private school
(except those established for the
exclusive instruction of persons of a
particular nationality) or in any
branches of education or industry for a
period of not less than 2 years.
3.) Good moral character; believes in
the underlying principles of the
Constitution; conducted himself in a
proper and irreproachable manner
during his residency.
4.) Own real estate in the Philippines
not less than P5,000, have some
lucrative trade, profession or lawful
occupation

c.) on the alien woman upon marriage

to a national.

5.)
Speak
English/Spanish/any
Philippine languages

DOCTRINE
ALLEGIANCE:

6.) Enrolled his minor children of

school age to public/private schools

OF

INDELIBLE

and

write
principal

recognized by the Government, where

Philippine history, government and
civic are taught.

EXCEPTION:

DISQUALIFICATIONS:

Born in the Philippines and

received primary and secondary
education in public or private schools
recognized by the Government and
not limited to particular race

1) Opposed to organized government

or affiliated with any association of
groups/persons who uphold and teach
doctrines opposing all organized
governments.
2) Defending
or
teaching
the
propriety of violence, personal assault,
assassination for the success or
predominance of ideals.
3) Polygamists or believers
4) Convicted of
moral turpitude.

crime

involving

5) Suffering from mental alienation or

incurable contagious disease
6) Who, during the period of their
residence, have not mingled socially
with Filipinos or who have not evinced
a sincere desire to learn and embrace
the customs, traditions and ideals of
the Filipinos
7) Citizens and subjects of nations
with whom the Philippines is at war,
during the period of such war
8) Citizens and subjects of foreign
country whose law does not grant
Filipinos
the
right
to
become
naturalized citizens.

Resided in the Philippines for 30

years or more before the petition and
enrolled his children to elementary
and high schools recognized by the
Government and not limited to
particular race
Widow and minor children if an
alien who has declared his intention to
become a citizen of the Philippines
and dies before he is actually
naturalized.
2) File petition + affidavit of 2
credible persons, citizens of the
Philippines who personally know
the
petitioner,
as
character
witness.

3) Publication of petition
Jurisdictional
Published in OG or in a newspaper
of general circulation once a week for
three consecutive weeks
4) Actual residence during the entire
proceedings
5) Hearing
6) Promulgation of the decision

PROCEDURE
1) File declaration of intention
with SolGen one year prior to
the filing of the petition

7) Hearing after 2 years (Probation

period of 2 years)
Not left the Philippines

 Dedicated himself continuously to

a lawful calling/profession
Not been convicted of any offense
or violation of rules
Not committed any act prejudicial
to the interest of the nation or
contrary
to
any
Governmentannounced policies

NATURALIZATION
BY
DIRECT
LEGISLATIVE ACTION
discretionary on Congress; usually
for aliens who made outstanding
contributions to the country.

of

ADMINISTRATIVE
NATURALIZATION
grant Philippine citizenship by
administrative proceedings to aliens
born and residing in the Philippines

1) Vests citizenship on wife if she

herself may be naturalized

SPECIAL
COMMITTEE
ON
NATURALIZATION
SolGen
(Chairman), Sec of FA and National
Security Adviser power to approve,
reject or deny applications

8) Oath taking
certification

and

issuance

EFFECTS:

2) Minor
children
born
in
the
Philippines before naturalization shall
also be considered citizens

QUALIFICATIONS:

born outside the

residing
in
the
the
time
of
also be considered

1) Born in the Philippines and residing

therein since birth

4) Minor children born outside the

Philippines shall be citizens only
during minority, unless he begins to
reside permanently in the Philippines

3) Good moral character; believes in

the underlying principles of the
Constitution; conducted himself in a
proper and irreproachable manner
during his residency.

3) Minor children
Philippines
but
Philippines
at
naturalization shall
citizens

2) Not less than 18 at the time of

filing

5) Child born outside the Philippines,

after the naturalization of the parents
shall be considered citizens, Provided
he registers as such before any
Philippine consulate within one year
after attaining majority age and takes
his oath of allegiance.

4) Received primary and secondary

education in any public/private school
recognized by DECS, where Philippine
history, government and civics is
taught and not limited to any
race/nationality; Provided that where
he has minor children, must be
enrolled in similar schools.

Effects of Denaturalization: if the

ground affects the intrinsic validity of
the proceedings, the denaturalization
will divest wife and children; if ground
is personal to the denaturalized
Filipino, his wife and children shall
retain Philippine citizenship.

5) Known trade, business, profession

or lawful occupation from which he
derives income sufficient to support
himself and family
N/A to college degree holders who
are disqualified from practicing their
profession
due
to
citizenship
requirements.

6) Able to read, write and speak

Filipino or any of the dialects.
7) Mingled with Filipinos and evinced
a sincere desire to learn and embrace
the customs and traditions and ideals
of the Filipino people
PROCEDURE
1) File with
petition

allegiance
and
certificate
naturalization shall issue.

of

9) Within 5 days from taking oath, BoI

shall forward copy of oath to the
proper local civil registrar and cancel
petitioners
alien
certificate
of
registration.
STATUS OF ALIEN WIFE AND MINOR
CHILDREN:

Special

Committee

2) Publication of pertinent portions of

the petition once a week for 3
consecutive weeks in newspaper of
general circulation
3) Posting of copies
conspicuous areas

in

public

or

4) Furnish
copies
to
following
agencies who shall post copies of the
petition in any public or conspicuous
areas in their building officers and
premises and within 30 days submit to
Committee a report stating whether or
not petitioner has any derogatory
record on file
DFA
Bureau
of
Immigration
and
Deportation
Civil registrar of petitioners place
of residence
NBI
5) Within 60 days from receipt of
agencies report, Committee shall
consider and review all information.
6) If Committee receives any adverse
information, Committee shall allow
petitioner to answer, explain or refute
the petition
7) Deny or Approve petition
8) Within 30 days from approval,
petitioner pays P100,000, take oath of

May filed a petition for cancellation

of their alien certificate of registration.
If applicant is a married woman,
husband may not benefit. But minor
children may avail of the right to seek
the cancellation of alien certificate of
registration.
CANCELLATION
OF
THE
CERTIFICATE OF NATURALIZATION
1) Naturalized
person
or
representative
made
any
false
statement or misrepresentation or
obtained citizenship fraudulently or
illegally or committed any violation of
the law, rules or regulations
2) w/in 5 years shall establish
permanent residence in a foreign
country
o 1-year stay in native country or 2year stay in a foreign country is prima
facie evidence of intent to take up
residence
3) Allowed himself, wife or children
with acquired citizenship to be used as
dummy
4) He, his wife or children commits
any act inimical to national interest

LOSS
AND
REACQUISITION
PHILIPPINE CITIZENSHIP
-

OF

Philippine citizens who may have lost

their citizenship by reason of their
acquisition of the citizenship of a
foreign country
2) Naturalization provided that he
possesses none of the disqualifications

Loss of Citizenship

1) Naturalization in a foreign country

- RA 9225
of

3) Repatriation or deserters of the

Army, Navy or Air Corps; a woman
who has lost her citizenship by reason
of marriage may be repatriated after
termination of marital status

3) By subscribing to an oath of
allegiance to support the Constitution
or laws of a foreign country upon
attaining 21 years of age

-Repatriation takes effect as of the

date of filing of his application.

2) By
express
citizenship

renunciation

PRINCIPLE
OF
INDELIBLE
ALLEGIANCE
Filipino may not divest himself of
Philippine citizenship in this manner
while Philippines is at war with any
country.
4) By rendering service or accepting
commission in the armed forced of a
foreign country
Exceptions:
Philippines has a defensive and/or
offensive pact of alliance with the said
foreign country
Foreign country maintains armed
forces in the Philippine territory with
consent of the Republic
5) By cancellation of the certificate of
naturalization
6) By having been declared by
competent authority a deserter of the
Philippine armed forces in time of war
REACQUISITION OF CITIZENSHIP
1) Taking
required

the oath of allegiance

of
former
natural-born

- Effect of repatriation is to allow the

person to recover or return to his
original status before he lost his
Philippine citizenship.
4) Direct act of Congress