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For JUDICIAL Proceedings: CODE: C J N O H
For JUDICIAL Proceedings: CODE: C J N O H
For JUDICIAL Proceedings: CODE: C J N O H
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 2. If on the basis thereof, the judge finds no
warrant: CODE: P J E D probable cause, he may disregard the fiscal’s
1. It must be issued upon PROBABLE CAUSE. report and require the submission of
2. The existence of probable cause is determined supporting affidavits of witnesses to aid him in
personally by the JUDGE. arriving at the conclusion as to the existence
3. The judge must EXAMINE UNDER OATH the of probable cause.
complainant and the witnesses he may
produce. Examination “UNDER OATH OR AFFIRMATION OF
4. The warrant must PARTICULARLY DESCRIBE THE COMPLAINANT AND WITNESSES”
the place to be searched and person or things 1. The oath required must refer to the truth of
to be seized. the facts within the personal knowledge of the
Definition of “PROBABLE CAUSE” complainant or his witnesses because the
purpose is to convince the judge of the
For the issuance of a warrant of arrest:
existence of probable cause (Alvarez v. CFI, 64
Phil. 33).
Probable cause refers to such facts and
2. The true test of sufficiency of an affidavit to
circumstances which would lead a reasonably
warrant the issuance of a search warrant is
discreet and prudent man to believe that an
whether it has been drawn in such a manner
offense has been committed by the person sought
that perjury could be charged thereon and
to be arrested. affiant be held liable for the damages caused
(Alvarez v. CFI).
For the issuance of a search warrant:
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 Elements of the power of eminent domain
4. Banking transactions
1) There is a TAKING of private property
5. Diplomatic correspondence
6. Executive sessions
2) Taking is for PUBLIC USE
7. Closed door cabinet meetings
8. Supreme Court deliberations
3) Payment of JUST COMPENSATION
Section 8. The right of the people, including those
employed in the public and private sectors, to “TAKING”
form unions, associations, or societies for
purposes not contrary to law, shall not be A. Elements: CODE: E P A P O
abridged. 1. The expropriator enters the property
2. The entrance must not be for a momentary
The right to form associations shall not be impaired period, i.e., it must be permanent
without due process of law and is thus an aspect of 3. Entry is made under warrant or color of
the right of liberty. It is also an aspect of the legal authority
freedom of contract. In addition, insofar as the 4. Property is devoted to public use
associations may have for their object the 5. Utilization of the property must be in such a
advancement of beliefs and ideas, the freedom of way as to oust the owner and deprive him of
association is an aspect of the freedom of speech the beneficial enjoyment of his property.
and expression, subject to the same limitation.
B. Compensable taking does not need to involve all
The right also covers the right not to join an the property interests which form part of the right
association. of ownership. When one or more of the property
rights are appropriated and applied to a public
Government employees have the right to form purpose, there is already a compensable taking,
unions. They also have the right to strike, unless even if bare title still remains with the owner.
there is a statutory ban on them.
“PUBLIC USE”
Section 9. Private property shall not be taken for 1. Public use, for purposes of expropriation, is
public use without just compensation. synonymous with public welfare as the latter
Who can exercise the power of eminent domain: term is used in the concept of police power.
1. Examples of public use include land reform
1) The national government and socialized housing.
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. A question tends to incriminate when the answer
of the accused or the witness would establish a fact
Definition of public trial which would be a necessary link in a chain of
evidence to prove the commission of a crime by the
The attendance at the trial is open to all
accused or the witness.
irrespective of their relationship to the
accused. However, if the evidence to be adduced Distinction between an accused and an ordinary
is “offensive to decency or public morals”, the witness
public may be excluded. 1. An accused can refuse to take the witness
stand by invoking the right against self-
The right of the accused to a public trial is not incrimination.
violated if the hearings are conducted on 2. An ordinary witness cannot refuse to take the
Saturdays, either with the consent of the accused stand. He can only refuse to answer specific
or if failed to object thereto. questions which would incriminate him in the
commission of an offense.
Scope of right
“RIGHT TO MEET WITNESS FACE TO FACE” 1. What is PROHIBITED is the use of physical or
Purposes of the right: moral compulsion to extort communication
1. To afford the accused an opportunity to cross- from the witness or to otherwise elicit
examine the witness evidence which would not exist were it not for
2. To allow the judge the opportunity to observe the actions compelled from the witness.
the deportment of the witness 2. The right does NOT PROHIBIT the
Failure of the accused to cross-examine a witness examination of the body of the accused or the
use of findings with respect to his body as
If the failure of the accused to cross-examine a physical evidence. Hence, the fingerprinting
witness is due to his own fault or was not due to of an accused would not violate the right
the fault of the prosecution, the testimony of the against self-incrimination. However,
witness should be excluded. obtaining a sample of the handwriting of the
accused would violate this right if he is
When the right to cross-examine is demandable charged for falsification.
3. The accused cannot be compelled to produce
It is demandable only during trials. Thus, it cannot a private document in his possession which
be availed of during preliminary investigations. might tend to incriminate him. However, a
third person in custody of the document may
Principal exceptions to the right of confrontation
be compelled to produce it.
1. The admissibility of “dying declarations” When the right can be invoked:
2. Trial in absentia under Section 14(2) 1. In criminal cases
3. With respect to child testimony 2. In administrative proceedings if the accused is
liable to a penalty (Ex. Forfeiture of property)
Section 16. All persons shall have the right to a
Who can invoke the right:
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies. Only natural persons. Judicial persons are subject
to the visitorial powers of the state in order to
Distinction between Section 14 and Section 16
determine compliance with the conditions of the
While the rights of an accused only apply to the charter granted to them.
trial phase of criminal cases, the right to a speedy
Section 18. Right against involuntary servitude
disposition of cases covers ALL phases of JUDICIAL,
QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Definition of involuntary servitude
Section 17. No person shall be compelled to be a
It is every condition of enforced or compulsory
witness against himself.
service of one to another no matter under what
When is a question incriminating: form such servitude may be disguised.
Exceptions: imprisonment because his liability is ex delicto and
1. Punishment for a crime for which the party not ex contractu.
has been duly convicted
2. Personal military or civil service in the interest 3) A FRAUDULENT debt may result in the
of national defense imprisonment of the debtor if:
3. Return to work order issued by the DOLE
Secretary or the President 1. The fraudulent debt constitutes a crime such
as estafa and
Section 19. Prohibition against cruel, degrading 2. The accused has been duly convicted.
and inhuman punishment
Section 21. No person shall be twice put in
When is a penalty “cruel, degrading and
jeopardy of punishment for the same offense. If an
inhuman”?
act punished by a law and an ordinance, conviction
1. A penalty is cruel and inhuman if it involves
torture or lingering suffering. Ex. Being drawn or acquittal under either shall constitute a bar to
and quartered. another prosecution for the same act.
2. A penalty is degrading if it exposes a person to Requisites for a valid defense of double jeopardy: CODE:
public humiliation. Ex. Being tarred and ATS
feathered, then paraded throughout town.
1) First jeopardy must have attached prior to the
Standards used:
second.
1. The punishment must not be so severe as to
2) The first jeopardy must have terminated.
be degrading to the dignity of human beings.
3) The second jeopardy must be for the same
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary offense as that in the first.
society When does jeopardy ATTACH: (1st requisite)
4. It must not be excessive, i.e. it must serve a CODE: CICAV
penal purpose more effectively than a less
severe punishment would. 1) A person is charged
Excessive fine
2) Under a complaint or information sufficient in
A fine is excessive, when under any circumstance, form and substance to sustain a conviction
it is disproportionate to the offense.
3) Before a court of competent jurisdiction
Note: Fr. Bernas says that the accused cannot be
4) After the person is arraigned
convicted of the crime to which the punishment is
attached if the court finds that the punishment is 5) Such person enters a valid plea.
cruel, degrading or inhuman.
When does jeopardy NOT attach:
Reason: Without a valid penalty, the law is not a
penal law. 1) If information does not charge any offense
Section 20. No person shall be imprisoned for debt 2) If, upon pleading guilty, the accused presents
or non-payment of a poll tax. evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea
Definition of debt under Section 20 of not guilty for accused.
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 If the accused appeals his conviction, he WAIVES
discretion. his right to plead double jeopardy. The whole case
will be open to review by the appellate court. Such
What are considered to be the “SAME court may even increase the penalties imposed on
OFFENSE”: (under the 1st sentence of Section 21) 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.
Reference:
Political Law (Constitutional Law) Reviewer &
Memory Aid
Ateneo Central Bar Operations 2001