Erlaine Vanessa D. Lumanog Constitutional Law 2 - Atty. Medina

______________________________________________________________________________
ARTICLE 3 Right to Due Process

BILL OF RIGHTS Due Process – observance of both substantive and procedural
_____________________________________________________________________________ rights is equally guaranteed, whatever the source of such rights, be
Bill of Rights – a guarantee that there are certain areas of a it the constitution, or a statute, or a rule of court.
person’s life, liberty & property which governmental power may
not touch PROCEDURAL DUE PROCESS___________________________________________
Rights (according to sections): Requirements:

1. Due Process and Equal Protection A. In Court
2. Right Against Unlawful Search and Seizures 1. Court or tribunal clothed with judicial power to hear and
3. Right to Privacy of Communications; Inadmissibility decide the case
Clause 2. Jurisdiction must be lawfully acquired over the person or
4. Freedom of Expression property
5. Non-Establishment Clause; Free Exercise Clause 3. Opportunity to be heard
6. Liberty of Abode; Right to Travel 4. Judgment must be made in lawful hearing
7. Right to Information
8. Right to Organize B. Administrative Proceeding
9. Power of Eminent Domain 1. Right to a hearing; includes the right to present one’s case
10. Non-Impairment Clause and submit evidence
11. Free Access to Courts 2. Tribunal must consider the evidence presented
12. Rights under Custodial Investigation 3. Decision must have something to support itself
13. Right to Bail 4. Evidence must be substantial
14. Rights of an Accused 5. Decision must be based on evidence presented at the
15. Privilege of Writ of Habeas Corpus hearing
16. Right to Speedy Disposition of Cases 6. Tribunal must act on its own independent consideration,
17. Right Against Self-Incrimination and not simply accept the views of a subordinate
18. Right Against Involuntary Servitude 7. Decision should be rendered in such a manner that parties
19. Right Against Cruel and Unusual Punishment can know the issues involved, as well as the reasons for
20. Non-imprisonment for Debt the decision
21. Double Jeopardy
22. Ex post facto law C. Disciplinary Sanctions in Academic Proceedings
1. Defendants informed in writing of nature and cause of
Powers of the Government limited by the Bill of Rights: accusations against them
1. Police Power 2. Right to answer charges with assistance of counsel, if
2. Power of Taxation desired
3. Power of Eminent Domain 3. Informed of evidence against them
4. Right to adduce evidence on their own behalf
_____________________________________________________________________________ 5. Evidence duly considered by designated school authority
SEC. 1 *such cases may be summary, there is no right to cross-
NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY, OR examination (ADMU v. Capulong)
PROPERTY WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY
PERSON BE DENIED THE EQUAL PROTECTION OF THE LAWS. D. Jurisdiction over property
_____________________________________________________________________________ 1. Property is located in district
2. Purpose of litigation is to subject property to obligation
Hierarchy of Rights fixed on it by mortgage
Human rights > Property Rights 3. Court takes the property into its custody
Principles of Human Rights: E. Dismissal of employees (Agabon v. NLRC)

1. Universal 2 written notices
2. Indivisibility 1. Notice of which particular acts or omissions for which
3. Interdependent dismissal is sought (appraisal)
4. Interrelated 2. Subsequent notice of employer’s decision to dismiss
5. Non-discriminatory
F. Cases involving elected officials
Ordinary Rights Human Rights 1. Right to appear and defend himself in person or by
Acquired Inherent counsel
Unequal in measure Equal in measure 2. Right to confront and cross-examine witnesses against
Alienable Inalienable him
Prescriptible Imprescriptible
Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

3. Right to compel attendance of witnesses and production 2. Contingent legislation adjudicate rights before it
of documentary evidence 3. Interpretative rule 2. Power to hear & determine
questions of fact
G. Agrarian reform
1. Notice of coverage and invitation  Notice: may be actual or constructive (publication/ mailing)
2. Notice of acquisition  Hearing: no actual hearing but opportunity to be heard
 Fixing rates is quasi-judicial and requires PRIOR hearing but
H. Deportation Proceedings provisional increase may be allowed
1. Hearing  The language of the law must be meaningful and clear; must be
2. Preliminary investigation published (15 days)
3. Be informed of ground for deportation  Implied notice – notice to agent is notice to principal,
presumed that the agent notifies the principal
Note:
 When court fails to acquire jurisdiction over the owner due to Academic Freedom
his failure to appear, it may still acquire jurisdiction over the Includes the freedom to decide:
property. However, relief must be confined to the object and 1. Who may teach
court cannot render personal judgment over the owner 2. What may be taught
 Notice may be actual or constructive (through publication or 3. How it shall be taught
mail) 4. Who may be admitted to study
 Required hearing is not actual hearing but opportunity to be
heard Effect of Irregularity
 Right to appeal is not a constitutional right but a statutory Irregularities in procedure, especially in criminal cases, may be
privilege which may be granted through statue and may be sufficient violations of due process to annul a decision
limited (Aris v. NLRC)
SUBSTANTIVE DUE PROCESS__________________________________________
Void for Vagueness
Vague – lacks COMPREHENSIBLE STANDARDS that men of Police Power
common intelligence must necessarily guess at its meaning and Presumption is validity. Judiciary should not set aside legislative
differ as to its application action when there is no clear invasion of personal or property
rights
 Must be PERFECTLY vague, cannot be saved by saving clause
or construction Substantive Due Process Requisites
 Relative Unconstitutionality – a provision of law initially 1. Lawful subject – the interests of the public, as
valid may subsequently become unconstitutional on the distinguished from those of a particular class, require such
ground that its continued operation would violate equal interference
protection of the law 2. Valid means – means are reasonably necessary to achieve
the purpose, and are not unduly oppressive
Overbreadth Doctrine
A government purpose may not be achieved by means which sweep Standards of Due Process
unnecessarily broadly and thereby invade the area of protected 1. Responsiveness to the supremacy of reason
freedoms 2. Obedience to the dictates of justice
3. Arbitrariness is ruled out
 According, to Fr. Bernas: Overbreadth should be limited to free 4. Unfairness is avoided
speech cases and not applicable to penal laws 5. Must not outrun bounds of reason and result in sheer
oppression
Notice & Hearing
Valid Exemptions from Notice and Hearing
Legislative Rule Interpretative Rule 1. Abatement of Nuisance per se
Designed to implement a Merely a guideline by 2. Closure of insolvent banks
primary legislation administrative agency charged 3. Preliminary attachment
with enforcing it 4. Preventive suspension
Requires PUBLICATION and Does not require publication 5. Temporary employee can be removed anytime
HEARING and hearing 6. Taxation
7. Inherently pernicious (porn, contrabands, etc.)
Quasi-legislative Quasi-judicial Requisites of a Valid Ordinance

Rule-making powers Administrative adjudicatory 1. Does not contravene the constitution or any statute
powers 2. Not unfair or oppressive
1. Delegated legislation 1. Power of agency to 3. Not partial or discriminatory
4. Does not prohibit but may regulate trade

5. General and consistent with public policy ______________________________________________________________________________
6. Reasonable
VALID WARRANT________________________________________________________
Valid Regulation of a Profession
When it affects the ff: Requisites of a Valid Warrant:
1. Legitimate government functions 1. Issued upon Probable Cause
2. Preservation of the State 2. Determined personally by a judge
3. Public health 3. Judge must examine under oath or affirmation the
4. Public Welfare complainant and the witnesses he may produce
5. Public Morals 4. Must particularly describe the place to be searched and
the person or things to be seized
Notes:
 State may prohibit structures offensive to sight, but not to the Probable Cause
point that it constitutes confiscation  Such facts & circumstances antecedent to the issuance of a
 Private property may be confiscated if it was used in an warrant that are in themselves sufficient to induce a cautious
offense, even if owner had no knowledge man to rely upon them
 License (i.e. to bear firearms) is NOT a property right and can  For Warrant of Arrest: such facts & circumstances which
be regulated by the government for reasons of public interest would lead a reasonable discreet and prudent man to believe
that an offense has been committed by the person sought to be
EQUAL PROTECTION CLAUSE__________________________________________ arrested
 For Search Warrant: such facts & circumstances which would
Reasonable Classification Requisites (People v. Cayat) lead a reasonable discreet and prudent man to believe that an
1. Rests on substantial distinction offense has been committed and that the objects sought in
2. Germane to the purpose of the law connection with the offense are in the place sought to be
3. Must not just apply to existing conditions searched
4. Applies equally to all members of the same class
PC for Issuing Warrant PC for Preliminary
Notes: Investigation
 Not just the substance of the law but the implementation  Judicial act  Executive act (fiscal)
 Citizenship is a valid classification  Purpose: w/n to issue a  Purpose: w/n to file an
 Gender is also valid (Goesart v. Cleary) warrant information
 Equal Protection Clause requires equal treatment of persons  “preliminary examination”  RTC judges are prohibited
similarly situated from conducting
 Anonymity of complainants in cases before ombudsman is preliminary investigation
based on a valid distinction, provided for in the Constitution
 Broadcast media may be treated differently due to Personal Determination
pervasiveness in the lives of the citizens Exclusive and personal responsibility of the Judge to satisfy himself
 Election to the position of Congressman is not a reasonable of the existence of probable cause
classification in criminal cases to justify release (People v.
Jalosjos) It depends on the jurisdiction:
 A show of clear and intentional discrimination by authorities 1. Municipal Trial Courts (Cities and Provinces) &
constitutes a violation but prosecution has discretion on who it Municipal Circuit Trial Court: need of PERSONAL
chooses to prosecute EXAMINATION of complainant and witnesses
 Equal rank should have equal pay for equal work (ISM v. 2. Metropolitan Trial Court and Regional Trial Court:
Quisimbing) a. May issue based on fiscal’s certification AND
 A law that fails to classify when there are substantial personal examination of the records of the case
differences is also a violation b. If not satisfied, may ask for further evidence and
personally examine the complainant and the
______________________________________________________________________________ witnesses
SEC. 2
THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, Oath or Affirmation
HOUSES, PAPERS, AND EFFECTS AGAINST UNREASONABLE  Must be based on PERSONAL KNOWLEDGE of applicant or his
SEARCHES AND SEIZURES OF WHATEVER NATURE AND FOR ANY witnesses
PURPOSE SHALL BE INVIOLABLE, AND NO SEARCH OR WARRANT  Test of Sufficiency: whether it has been drawn in such a
OF ARREST SHALL ISSUE EXCEPT UPON AFTER EXAMINATION manner that PERJURY could be charged there on and the
UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND THE affiant could be held liable for the damages caused
WITNESSES HE MAY PRODUCE, AND PARTICULARLY DESCRIBING
THE PLACE TO BE SEARCHED AND THE PERSONS OR THINGS TO Notes:
BE SEIZED.  Judge is not bound to the certification of the fiscal

 Judge must personally ask SEARCHING questions, EXCEPTION: 6. Stop and Frisk Rule
Reticent Witnesses- yes/no questions may be used 7. Checkpoints
8. Exigent & Emergency Circumstances
Particularity of Description 9. Aerial Target Zonings/ Saturation Drives
Search Warrant should describe: 1. Search Incidental to Lawful Arrest

1. Place to be searched Requisites:
2. Things to be seized 1. Arrest must be lawful
2. Arrest must precede the search
Notes: 3. Search was contemporaneous with the arrest
 Warrant should be as specific as circumstances will allow, but 4. The item was within the arrestee’s IMMEDIATE CONTROL
law does not require that the things be described in precise 5. Officer making arrest may take from the person:
and minute details a. Any money or property found upon his person
 Place to be searched cannot be changed, enlarged, nor which was USED in the commission of the
amplified by the police offense or,
 Errors on the warrant do not invalidate it (i.e. wrong name, but b. Was the fruit thereof or
was positively identified to be the person referred to, c. Which might furnish the prisoner with the
typographical error in stating the address, etc.) MEANS of committing violence or escape, or
 What is material in the validity of the warrant is the place d. Which may be used in EVIDENCE in the trial of
stated in the warrant and not the place the applicant had in the case
their thoughts Upon Search:
1. Person – the individual arrested; not just frisking; only
John Doe Warrant Partially Defective General Warrant outer clothing
Warrant 2. Things – evidence or fruits of the crime
GR: Not valid Remains VALID as Doesn’t allege any 3. Place – under immediate control of the person arrested
EXCEPTION: to the items specific acts/ 4. Time – w/in the time of the commission of the crime
contains a specifically omissions
description described in the constituting the Purpose:
personae warrant offense charged in 1. To protect the arresting officer
1. Personal the application for 2. To prevent the offender from destroying the evidence
appearance the issuance of the
2. Peculiarities warrant 2. Plain View Doctrine
3. Occupation Requisites:
4. Residence 1. Evidence must be incriminating/illegal
2. Evidence must be in plain view - immediately apparent
Notes on Warrants: 3. Discovery was inadvertent – no further search was
conducted
 Must be in connection with ONE specific offense, EXCEPTION:
4. Prior valid intrusion – officer had the right to be there
when the illegal activity consists of a pattern (i.e. unauthorized
banking)
 Immediate requirement means that the executing officer can,
 PC must be based on a conclusion of FACT and not of law (i.e. a
determination which is the judge’s prerogative after trial) at any time of discover of the object or the facts therein
available to him, determine probable cause of the object’s
 Warrant is VOID if issued on certification only
incriminating evidence. Probable cause must be the direct
 Search Warrant is valid for 10 days; while Arrest Warrant is
result of the officer’s instantaneous sensory perception of the
considered “standing” until served but a report must be made
object.
after 10 days
 May also be plain smell, hear, touch, or anything that is open to
the senses
WARRANTLESS SEARCH AND SEIZURES____________________________
3. Search of a Moving Vehicle
GR: Searches and seizures are unreasonable
Requirements:
EXCEPTION: Authorized by a validly issued search warrant
1. Must be moving, even movable
2. Must carry contraband good related in the commission of
Valid Warrantless Searches
the crime
1. Incidental to a Lawful Arrest
3. Probable Cause that the vehicle was used in the
2. Plain View Doctrine
commission of the crime
3. Search of Moving Vehicle
4. There was no time to secure a warrant
4. Waiver of Right
5. Custom searches or seizure of goods concealed to avoid
duties  Carrol Rule: search is justified because a vehicle can be
Other Searches: quickly moved out of the locality or jurisdiction is valid

 If a vehicle is already impounded, then warrant is needed  Purpose is not to discover evidence of a crime but to allow the
because the car is no longer movable officer to pursue his investigation WITHOUT RISK OR
VIOLENCE
4. Waiver of Right
Requisites: 7. Checkpoints
1. The right exists Requisites:
2. The person had actual or constructive knowledge of the 1. Passengers not subjected to body search
existence of such right 2. Limited to visual search
3. There is such an actual intention to relinquish such right 3. During abnormal times/ special circumstances
4. Vehicle is not searched
 The right against unreasonable searches and seizures is a
personal right, only the person being searched can waive the  Extensive search (beyond visual search) is allowed if there is
same. probable cause
 Whether expressed or implied, must be made in a CLEAR &
UNEQUIVOCAL manner 8. Exigent and Emergency Circumstances
 Requires a positive act from the person. Mere During times of:
acquiescence/absence of opposition is should NOT be 1. War
considered as a waiver 2. Rebellion
3. Prevailing chaos or disorder
5. Custom Seizure of Goods Concealed to Avoid Customs Duties 4. Ongoing coup d’etat
 Airports, ports of entry, land borders
 Custom officials have right to search w/o a warrant over all 9. Aerial Target Zonings and Saturation Drives
things w/in their jurisdiction  Not illegal per se but their conduct should be governed by the
 Implementation of the Customs and Tariff Codes Bill of Rights
 EXCEPTION: search of a DWELLING for customs check  Conducted during times of emergency
 Airport Searches - routine security procedure, allowed under
Sec.9 of RA 6235: Every ticket issued to a passenger by the FOR WHATEVER NATURE AND WHATEVER PURPOSE____________
airline or air carrier concerned shall contain among others the
following condition printed thereon: “Holder hereof and his Constructive Search
hand-carried luggage(s) are subject to search for and seizure  Subpoena Duces Tecum – order to produce documents
of, prohibited materials or substances. Holder refusing to be  Not a warrant but the court order serves the purpose of a
searched shall not be allowed to board the aircraft,” which warrant
shall constitute a part of the CONTRACT between the  Probable Cause: relevance to the proceeding or investigation
passenger and the air carrier.
Administrative Search
Other Searches  Exercise of Police Power
Minimum requirement: Probable Cause + Exigent Circumstances  Part of regulation or inspection (schools, hospitals, etc.)
 Inspector will not have warrant but if he is demanded for one,
6. Stop and Frisk Rule he must provide
Requisites:  Probable Cause depends on:
1. Police officer observes unusual conduct to believe that 1. Passage of time
criminal activity may be afoot and person is presently 2. Condition of building
armed and dangerous 3. Nature and Condition of area
2. Identifies himself as a policeman upon approach and
makes reasonable inquiries Probable Cause for the Different Kinds of Searches:
3. Reasonable fear for his own or other’s safety is not 1. Criminal – prudent person
dispelled thus he is entitled to conduct limited search of 2. Administrative – Time, building, area
OUTER CLOTHING of such person in an attempt to 3. Constructive – relevance to the case
DISCOVER WEAPONS that might be used for assault  All require probable cause
Purpose:
1. Crime prevention and detection Notes:
2. Self-preservation and protection  When there is enough time to obtain a warrant, a warrantless
search/ seizure will usually be invalidated
 Even before arrest, officer justified in believing that the  Drug testing in schools is allowed. Students are placed under
individual whose suspicious behavior he is investigating at temporary custody of the State as schoolmaster so a greater
close range is presently dangerous, he may conduct a LIMITED degree of supervision and control is exercised over them than
PROTECTIVE SEARCH. adults.

 Things seized shall be placed under custodia legis or legal or temporarily confined while case is pending or has escaped while
custody if validly seized. If invalidly seized, they shall be being transferred from one confinement to another
returned to the rightful owner unless they are contraband
goods  Arrest may be made at ANY TIME
Reasonable Test of Expectation of Privacy Other Valid Warrantless Arrests

1. Whether by his conduct the individual has exhibited an
expectation of privacy 4. Arrest by Bailor
2. Whether this expectation is one that society recognizes as  The bondsman guarantees to the court that the prisoner will
reasonable appear in court
 Right against searches only applies when there is a reasonable  If prisoner jumps bail, he may be arrested at anytime and
expectation of privacy anywhere
 What is reasonable would depend on the facts and
circumstances of each case (Veronia School District v. Acton) 5. Arrest by a Private Citizen
 Must be made lawfully, search conducted after arrest
WARRANTLESS ARRESTS_______________________________________________  Seizure by private individual – if made at the initiative of an
Minimum Requirement: Probable cause determined not by a judge individual for his own private purposes and WITHOUT
but by the arresting officer intervention of police authorities, the right against
unreasonable search and seizure CANNOT be invoked for only
Arrest the act of private individual and not law enforcers is involved.
Taking of a person into custody for the commission of a crime,  Protection against unreasonable searches and seizures cannot
otherwise it shall constitute DETENTION be extended to acts committed by PRIVATE INDIVIDUALS so
as to bring it within the ambit of alleged unlawful intrusion by
How Made: the government (People v. Marti)
1. Actual Restraint – no use of unreasonable violence but use  Remember that the Constitution protects and regulates
of necessary force relationship between citizen and State, not between
2. Voluntary submission individuals
Who Can Arrest: 6. Final Deportation Order

1. Arresting Peace Officer
2. Private person – may not search but only arrest, but
search that is incidental to lawful arrest is valid OBJECTIONS TO INVALID SEARCHES AND SEIZURES
Valid Warrantless Arrests 1. Searches and Seizures

 Fruit of the Poisonous Tree Doctrine – things searched
1. In Flagrante Delicto through unreasonable search shall be INADMISSIBLE
When in his presence the person to be arrested has COMMITTED, is  Seizure shall be limited to things which bear a direct relation to
actually COMMITTING, or ATTEMPTING TO COMMIT an offense the offense
 Objects seized need not be property of person whom the
 Even if officer does not SEE the actual crime, it is still search warrant is directed against
considered if the EFFECTS are seen  Before a criminal action is filed, any court may issue a warrant.
 Ex. Buy-bust Operations After the filing, the court with jurisdiction has primary
 Continuing crime (ex. Rebellion, Kidnapping) – arrest may be authority to issue but other courts may still issue warrants in
effected even while person is sleeping special cases
2. Doctrine of Hot Pursuit (Rule 5B CrimPro) 2. Invalidity of Arrest

When an offense has in fact been committed and officer has  Objection must be made BEFORE the accused enters his plea
PERSONAL KNOWLEDGE of facts that the person to be arrested has  Otherwise, the action is deemed waived
committed it  A person detained who applies for BAIL is deemed to have
WAIVED any irregularity which may have occurred in relation
 Even if arrest was made on basis of eyewitness testimony, it to his arrest, but not when he applies for bail BEFORE he
will not suffice as PC but it is considered as HEARSAY enters plea
 Pursuit must be CONTINUOUS from the time of the  Then he is not barred from later questioning the legality of his
commission of the crime to the time of arrest. There must be arrest
NO SUPERVENING EVENT which breaks the continuity of the
chase. ______________________________________________________________________________
SEC. 3
3. Evasion of Service of Sentence (1) THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE
When the person to be arrested is a PRISONER who has escaped SHALL BE INVIOLABLE EXCEPT UPON LAWFUL ORDER OF THE
from a penal establishment, or where he is serving final judgment

COURT, OR WHEN PUBLIC SAFETY OR ORDER REQUIRES PRIOR RESTRAINT_______________________________________________________
OTHERWISE, AS PRESCRIBED BY LAW. Official governmental restrictions on the press or other forms of
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE expression IN ADVANCE of actual publication or dissemination;
PRECEDING SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE CENSORSHIP
IN ANY PROCEEDING.
______________________________________________________________________________ Prohibition does not apply to:
1. When the Nation is at war
When May Privacy of Communication be Violate: 2. Obscene publications
1. Upon lawful order of Court 3. Incitements to acts of violence or overthrow by force of
2. When public order or safety is required by law orderly government
Forms of Correspondence & Communication Requisites of valid prior submission

1. Letters 1. Burden of proof is on censor
2. Messages 2. Restraint prior to judicial review limited to:
3. Telephone calls a. Preservation of status quo
4. Telegrams b. For shortest time possible
3. Prompt final judicial determination must be assured
Exclusionary Rule
Any evidence obtained in a search/seizure w/o a warrant or by  Only judicial determination justifies a final restraint
authority of an invalid warrant shall be inadmissible for any
purpose in any proceeding Requirement for censorship of movies (Freedman Doctrine)
1. Burden of proof is on censor
 Also applies to evidences procured out of the inadmissible 2. Censor must, w/in limited period of time, either go to
evidence (Fruit of the Poisonous Tree Doctrine) court or issue a license
3. Prompt judicial determination must be assure
Exceptions:
1. If there is a source independent of the tainted source  Different rules may apply to TV due to pervasiveness in the
2. When it is inevitable that the evidence will be found lives of the citizens (i.e. TV is more accessible)
anyway
3. Arrest due to an invalid warrant BUT police acted in good Tests for Regulation of Speech/ Expression
faith (US jurisprudence) 1. Dangerous Tendency Test – Speech may be curtailed or
punished when it creates a dangerous tendency which the
Notes: State has the right to prevent
 In the absence of governmental interference, the protection
CANNOT be extended to acts committed by PRIVATE  Requires only RATIONAL connection between the speech
INDIVIDUAL and evil avoided
 Evidence may not be used against the accused but may be used  That the speech would bring about the evil sought to be
against the POLIC OFFICER in any proceeding avoided
 Law covers private communication, not PUBLIC SPEECH
2. Clear and Present Danger Test – whether the words
______________________________________________________________________________ used in such circumstances are of such nature as to create
SEC. 4 a CPD that they will bring about the substantive evils that
NO LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF the STATE has a RIGHT TO PREVENT
SPEECH, OF EXPRESSION, OR OF THE PRESS, OR THE RIGHT OF
THE PEOPLE PEACEABLY TO ASSEMBLE AND PETITION THE  Substantive evil must be IMMINENT and EVIDENT
GOVERNMENT FOR REDRESS OF GRIEVANCES.  A question of proximity and degree
______________________________________________________________________________  Preferred as long as it is applicable
Kinds of Speech and Expression Factors to consider

1. Oral 1. PERSON making the speech
2. Written 2. CONTENT of the speech
3. Tape/Disc Recorded 3. CONTEXT
4. Movies 4. FORM
5. Symbolic Speech
6. Peaceful Picketing 3. Balancing of Interests Test - Private Interest v. Public
Interest
Freedom of Speech Clause Prohibits
1. Prior Restraint  Not all situations are measurable by proximity and degree
2. Subsequent Punishment  Weigh between freedom of speech and interest sought to
be protected if more important

 Rests on the basis that constitutional freedoms are NOT Requisites for the protection of commercial speech
ABSOLUTE, they may be abridged to some extent to serve 1. Not false, misleading or promote illegal acts
appropriate and important interests 2. Regulation must serve substantial government interest
3. Regulation directly advances that interest
Content Neutral Regulation Content-Based Restraint 4. Regulation is not overbroad, no greater than necessary
Merely concerned with the Restraint is based on the subject
incidents of speech; merely matter of the utterance or UNPROTECTED SPEECH_________________________________________________
controls the time, place, manner speech
Subject only to the immediate Must overcome the CPD Test – Libel
approach – only a substantial government must show a Public and malicious imputation of a crime or of a vice/defect, real
government interest is required substantive, grave & imminent or imaginary, or any act, omission, condition, status, circumstances
for its validity evil that has taken the life of a tending to cause the DISHONOR, discredit, or CONTEMPT of a
reality already on ground natural OR juridical person, or to blacken the MEMORY of one who
is dead
SUBSEQUENT PUNISHMENT___________________________________________ Elements

1. Allegation of a discreditable act or condition concerning
Immediate Approach another – defamatory statements
A government regulation is justified if: 2. Publication of the statement
1. It furthers a substantial government interest 3. Identity of the person defamed is disclosed
2. Governmental interest is unrelated to the suppression of 4. Existence of malice
free expression
3. Incident of restriction is no greater than is essential to the Malice – ill-will or bad faith; want to destroy the reputation of a
furtherance of that interest person
O’Brien Test Public Figure – a person who by his profession, accomplishments,

A government regulation is justified if: fame or mode of living has become a public personage, i.e. a
1. Within constitutional power of the government celebrity. Anyone who has arrived at a position where public
2. Furthers a substantial government interest attention is focused on him as a person
3. The interest is unrelated to suppression of free speech
4. Regulation is no greater than that necessary to further  If a public person is attacked for acts in his PRIVATE LIFE, then
interest the presumption of MALICE applies, as if against a private
 Prohibition of not just mere ADVOCACY, but the kind of person
advocacy that will actually lead to CPD is valid (Brandendburg
v. Ohio) Actual Malice Standard
1. Intentionally publishing the imputations with the
SPEECH & THE ELECTORAL PROCESS_________________________________ knowledge they are false
2. Reckless disregard for w/n it was true or false
 COMELEC time is a valid regulation because it promotes
equality for poor candidates (Osmena v. COMELEC) Private Person Public Figure
 Prohibition on “mobile places” invalid because it inhibits There is always a presumption No damages from defamation
private property such as a car (Adiong v. COMELEC) of MALICE, even if defamatory resulting from OFFICIAL ACTS
 Prohibition of commentary during plebiscite is INVALID. statements are true, if no good unless proven that statement
Candidates will not gain undue advantage (Sandidad v. intention and justifiable motive was made with ACTUAL
COMELEC) for making it shown, EXCEPT: MALICE
 Prohibition of election surveys is INVALID. COMELEC is limited
to regulation (ABSCBN v. COMELEC) 1. Private communication in May apply to private individual
 Exit polls are valid (SWS v. COMELEC) performance of legal, moral or involved in matters of PUBLIC
security duty CONCERN
COMMERCIAL SPEECH__________________________________________________ 2. Fair and true report made in
good faith, without any Applies to: official acts, fitness
Core Speech Commercial Speech commentary or remarks for office, criticisms
Communicates political, social & Not more than proposals to a
religious ideals and these enjoy commercial transaction such as Privileged Communication
the same degree of protection advertisement of goods; does
not enjoy the same degree of Requisites
protection as core speech 1. The person who made the communication had a legal,
moral or social duty to make the communication, or at
least had an interest to protect, which interest may either
Central Hudson Test
be his own or of the one to whom is made

2. The communication is addressed to an officer or a board, Speech/ expression which are non-conforming with accepted
or superior, having some interest or duty in the matter, standards in society
and who has the power to furnish the protection sought
3. The statements in the communication are made in good  May be offensive to morality, but not necessarily obscene (i.e.
faith w/o malice FCC vs. Pacifica)
 Protected, but may be subject to regulation depending on
Absolutely Privilege Qualified Privilege circumstances
Immune from suit regardless of Susceptible to a finding of libel
existence of malice Note:
Never actionable Not actionable if found to have  In libel or obscenity, the free speech tests are inapplicable
been made in good faith or for because there is no need to weigh competing values
justifiable motive
Statements during legislative/ Fair and true report, Private ASSEMBLY and PETITION______________________________________________
judicial proceedings Communication, Fair
commentary Rules on Assembly in Public Places
1. Applicants should inform the licensing authority of the
DATE, PLACE and TIME the assembly will take place
OBSCENITY_______________________________________________________________ 2. Application should be filed ahead of time to enable public
officials to appraise whether there are valid objections to
Hicklin Rule the grant of permit or to its grant, but in another public
W/n the tendency of the matter is to deprave and corrupt those place, based on the CPD test
whose minds are open to such immoral influences, and into whose 3. If public authority is of the view that there is an imminent
hands such publications may fall and grave danger of a substantive evil, applicants must be
 Susceptible persons test HEARD on the matter
 Isolated passages test 4. Decision of public authority must be transmitted to the
applicants at the EARLIEST OPPORTUNITY so that they
Roth Test may have recourse to the proper judicial authority
W/n to an average person, applying contemporary community (Reyes v. Bagatsing)
standards, the dominant theme of the material as a whole applies to
PRURIENT INTEREST  If private place, only CONSENT of the owner or possessor
Memoirs Test Rights of Students in Educational Institutions

1. DOMINANT theme of the material appeals to prurient interest 1. Permit must be sought from the school authorities, who
2. Patently offensive to COMMUNITY STANDARDS due to are devoid of the power to deny such request arbitrarily
representation of sexual matters 2. In granting such permit, there may be conditions as to the
3. Material is utterly WITHOUT REDEEMING SOCIAL VALUE time and place of the assembly to avoid disruption of
classes or stoppage of work
Miller Test: Test for Obscenity 3. Even if there be violations, the penalty should not be
1. W/n to an average person, applying contemporary community disproportioned to the offense
standards, the dominant theme of the material as a whole
applies to PRURIENT INTEREST Public Forum
2. Work depicts in PATENTLY OFFENSIVE way, sexual conduct Government may regulate:
specifically defined by law 1. Time
3. The work taken as a whole LACKS serious literary, artistic, 2. Manner
political, or scientific VALUE 3. Place
 But not content and subject matter
Due Process for Searches and Seizures of Obscene Material  Violation if not content-based neutral or view point neutral
1. Application for a warrant from a judge
2. The authorities must convince the court that the materials Public Assembly Act (BP 880)
sought to be seized are obscene, and pose a CPD  Sets forth the requirements and procedures which are
3. Judge will determine w/n the same are indeed obscene necessary to regulate assemblies. Content Neutral that refers
through exercise of sound discretion to all kinds of public assemblies that would use public places.
4. Issuance of a warrant The reference to “lawful cause” does not make it content-based
5. Proper suit is then brought in the court under the provisions of because assemblies have to be for lawful cases; otherwise they
the RPC would not be “peaceable” and entitled to protection
6. Any conviction is subject to appeal. The court may asses w/n  Calibrated Pre-emptive Response (CPR) – issued in lieu of the
the properties seized are obscene “Maximum Tolerance” for the protection and benefit of all
rallyists and is independent of the content of the expression in
Indecency the rally

 Freedom parks must be established in every municipality and
city or else every park would be deemed a freedom park NON-ESTALISHMENT CLAUSE__________________________________________
Government cannot establish, sponsor or prefer any religious group
Note: or purpose
 Assembly may be regulated when there is showing of CPD or
substantive evil to legitimate public interest Prohibitions of Non-Establishment Clause
 MAYORS posses the reasonable discretion to determine or 1. Sponsorhip - State may not set up a church
specify the streets or public places to be used for the assembly 2. Financial Support - State may not pass laws w/c aid one
in order to secure convenient use thereof by others and religion, aid all religions, or prefer one religion over
provide adequate and proper policing to minimize the risks of another
disorder & maintain public safety and order 3. Active Involvement - State may not, openly or secretly,
 When GOVERNMENT SPEECH is being regulated, the participate in the affairs of any religious organization or
constitution cannot be invoked group
 Free Speech Clause is a protection from government regulation
of private speech but NOT government regulation government Purpose: voluntarism & insulation of the political process from
speech interfaith dissension
______________________________________________________________________________
SEC. 5 Schempp Rule
NO LAW SHALL BE MADE RESPECTING AN ESTABLISHMENT OF 1. Secular legislative purpose
RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF. THE 2. Primary effect that neither inhibits nor advances religion
FREE EXERCISE AND ENJOYMENT OF RELIGIOUS PROFESSION
AND WORSHIP, WITHOUT DISCRIMINATION OR PREFERENCE, 3-Part Lemon Test (Lemon v. Kurtzman, supplemented Shempp)
SHALL FOREVER BE ALLOWED. NO RELIGIOUS TEST SHALL BE 1. Challenged government regulation has a secular
REQUIRED FOR THE EXERCISE OF CIVIL OR POLITICAL RIGHTS. legislative purpose
______________________________________________________________________________ 2. Must neither advance nor inhibit religion
3. Must no foster any excessive entanglement between
FREE EXERCISE of RELIGION___________________________________________ government and religion
Government is prohibited from any degree of compulsion in the
practice of religion Religious expression does not violate non-establishment if:
1. Purely private
Two Aspects of Freedom of Religion 2. Occurs in a traditional or designated public forum,
1. Freedom to Believe – absolute as long as confined w/in publicly announced, and open to all on equal terms
the realm of thought; cannot be regulated
2. Freedom to Act – belief flowing into action; may be Note:
regulated  TRUTH of religious belief – State may NOT inquire (US v.
Ballard)
GR: restrictions should be justified by CPD test  SINCERITY of belief – state MAY inquire (Estrada v. Escritor)
 Religious political party is prohibited but the running of a
Smith Rule RELGIOUS LEADER is not
A regulation that burdens religious practice need not be justified by  “Religious” includes “charitable” but “charitable” does not
a compelling government interest if: include “religious”
1. Neutral on its face  Reading of bible passages in school may be allowed if not for
2. General in applicability religious purposes, such as historical or literary
 “Advances Religion” also means endorsing a religion
 A regulation neutral on its face may nonetheless offend the  Transferred endorsement test: by allowing certain religious
constitution if it unduly burdens the free exercise of religion actions, it is as if government is already endorsing
(Wisconsin v. Yoder)  Certain Philippines practices are religious, but have already
 Even if a regulation is NOT neutral and general, it may still be become part of our culture. Hence, they are not considered
justified by compelling state interest violations
______________________________________________________________________________
Compelling State Interest from a Benevolent Stance SEC. 6
The Solicitor General should: THE LIBERTY OF ABODE AND OF CHANGING THE SAME WITHIN
1. Examine sincerity & centrality of claimed religious belief THE LIMITS PRESCRIBED BY LAW SHALL NOT BE IMPAIRED
and practice EXCEPT UPON LAWFUL ORDER OF THE COURT. NEITHER SHALL
2. Present evidence on the State’s compelling interest to THE RIGHT TO TRAVEL BE IMPAIRED EXCEPT IN THE INTEREST
override religious belief and practice OF NATIONAL SECURITY, PUBLIC SAFETY, OR PUBLIC HEALTH, AS
3. Show that the means the State adopts is the least MAY BE PROVIDED BY LAW.
restrictive ______________________________________________________________________________
 Law must be specific and narrowly tailored for a compelling
state interest Right Impairment

Liberty of Abode & changing the Lawful order of a court & limits b. Presidential communications and
same prescribed by law correspondences during closed-door Cabinet
Right to Travel Basis of national security, public meetings
safety & public health, as c. Executive sessions of Congress
provided by law d. Internal Deliberations of the courts
Right To Return To One’s Country Executive Privilege

 Does not exist in our Constitution 1. State Secrets
 But supported by Universal Declaration of Human Rights & 2. Identity of government informers
International Covenant on Civil & Political Rights 3. Information pending investigation
 May be impaired, as long as the prohibition is not arbitrary. 4. Presidential communication
5. Deliberative proceedings of courts
Hamletting
Hearding of people to a place secured by military Categories of Information Covered
1. Official records
 Constitutionally: may only be done with court order 2. Documents pertaining to official acts, transactions and
 Under international military law: soldier has duty to take decisions
civilians out of the line of fire 3. Research data used in formulating policies
 The conflict between the two may be resolved by military
necessities Note:
 Right to privacy belongs to the individual must be invoked by
Bail Bond – courts have the power to prohibit accused from going the individual
abroad  Corporations and public agencies CANNOT invoke the right to
privacy because the entire basis of the right to privacy is an
______________________________________________________________________________ injury to the feelings & sensibility of the party (Valmonte v.
SEC. 7 Belmonte)
THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF  Right to access official records but not right to compel
PUBLIC CONCERN SHALL BE RECOGNIZED. ACCESS TO OFFICIAL custodians of records to prepare lists, abstracts & summaries
RECORDS, AND TO DOCUMENTS AND PAPERS PERTAINING TO  Not necessary to have a consummated contract (Chavez v.
OFFICIAL ACTS, TRANSACTIONS, OR DECISIONS, AS WELL AS TO PEA)
GOVERNMENT RESEARCH DATA USED AS BASIS FOR POLICY
DEVELOPMENT, SHALL BE AFFORDED THE CITIZEN, SUBJECT TO ______________________________________________________________________________
SUCH LIMITATIONS AS MAY BE PROVIDED BY LAW. SEC. 8
______________________________________________________________________________ THE RIGHT OF THE PEOPLE, INCLUDING THOSE EMPLOYED IN
THE PUBLIC AND PRIVATE SECTORS, TO FORM UNIONS,
Rights Guaranteed ASSOCIATIONS, OR SOCIETIES FOR PURPOSES NOT CONTRARY TO
1. Right to information on matters of public concern LAW SHALL NOT BE ABRIDGED.
2. Corollary right of access to official records and documents ______________________________________________________________________________
Shall not be impaired without due process of law
Public concern – Subjects w/c the public may want to know, either
because these directly affect their lives or simply because such Managers per se Supervisors
matters arouse the interest of an ordinary citizen Top & middle managers First line managers
Loyalty is with the management Directly supervise the workers
Limitations to the Exercise of the Right to Information & State side since their functions are (rank & file)
Policy of Public Disclosure connected with the policy-
1. National Security Matters – determination and their
a. Military & diplomatic secrets principal responsibilities re to
b. National security direct activities and implement
c. Diplomatic negotiations - Inter-government management policies
exchanges prior to the conclusion of treaties & Not eligible to join or assist or Supervisory employees not
executive agreements form labor organizations allowed to join rank & file orgs
but may form their own unions
2. Trade Secrets & Banking Transactions
3. Criminal matters – prior to arrest, detention and Note:
imprisonment  Art. 245 of the Labor Code – prohibiting managerial
4. Other confidential matters employees from joining labor organizations is VALID because
a. Ethical Standards Act- prohibits public officials of conflict of interest
& employees from using classified documents  Right to strike does not include right to vote (SSS v. CA)

 Remedy: Lobby in Congress or got to Public Sector Labor 2. Entrance must not be for a momentary period, i.e. the
Management Office entrance must be PERMANENT
 Government employees have the right to for unions but do not 3. Entry must be under warrant or COLOR OF LEGAL
have the right to strike AUTHORITY
4. Property must be devoted to PUBLIC USE or other
______________________________________________________________________________ informally appropriated or injuriously affected
SEC. 9 5. Utilization of the property must be in such a way as to
PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE oust the owner and DEPRIVE him of all beneficial
WITHOUT JUST COMPENSATION. enjoyment of the property
______________________________________________________________________________
Types of Taking
Elements 1. Possessory Taking – when the government confiscates or
1. There is TAKING of private property physically occupies property
2. Taking must be for PUBLIC USE 2. Regulatory Taking – when the governments regulation
3. There must be JUST COMPENSATION leaves no reasonable economically viable use of the
property
Police Power Eminent Domain
Property is regulated Property is taken Constructive Taking
No transfer of ownership Transfer of ownership  Actual physical taking is not necessary for property to be
Not compensable Payment of just compensation considered taken.
 Where there is impairment to the extent that property cannot
Who Can Exercise Power of Eminent Domain be used as one would normally use it
1. Congress  Normal use of property is destroyed (US v. Causby)
2. Local Government  Similar to taking, government burdens the use of the property
3. Public Entities (Republic v. PLDT)
4. Public Utilites
Note:
Requisites for LGUs  If not taking but merely REGULATING, then it not an exercise of
1. Ordinance authorizing local chief executive Eminent Domain but of Police Power
2. Purpose is public use, public welfare, benefit of poor and  Ex. Squatter families – only assistance but not just
landless compensation
3. Just compensation
4. Valid and definite offer previously made and rejected PUBLIC USE_______________________________________________________________
 Everything that confers public advantage, convenience or
Procedure for Agrarian Reform benefit
1. DBP makes initial value assessment  Public use must be DIRECT not merely indirect
2. DAR makes offer
3. If rejected, summary proceedings where PARAD or DARAB JUST COMPENSATION___________________________________________________
fixes price Just and complete equivalent compensation for the loss sustained
4. Landowner may go to RTC, as special agrarian court, if the
price is disputed Rules for Computing Just Compensation
FMV + CONSEQUENTIAL DAMAGE – CONSEQUENTIAL BENEFIT
Note:
 Eminent domain is INHERENT in sovereignty; there is no need GR: taking coincides w/ filing of complaint
for special legislation to confer this right upon the government 1. Basis: value of property at the time of the filing
 Government must use government property first before taking 2. Same rule if complaint is made prior to entry
private property EXCEPTION: taking is made prior to filing of complaint
1. Basis: value of property at the time of taking
TAKING____________________________________________________________________ 2. Otherwise, such would give undue incremental
When the owner is deprived or dispossessed of his property of advantages to the landowner arising from the use by the
there is practical destruction or a material impairment of the value government of the said property
of his property, or when he is deprived of the ordinary use thereof
Fair Market Value
General Elements of Taking Price that seller is willing to sell and buyer is willing to buy
1. Entrance and occupation 1. Acquisition costs
2. Devoting for public purpose 2. Value of similar properties
3. Actual and potential uses
Requisites of Taking 4. Particularities of the land: size, shape, location, & tax
1. The expropriator must ENTER upon the private property declaration
 Should be present value, not speculative or future value

 Commissioner makes a recommendation to a court then the Guarantees
JUDGE ultimately determines FMV 1. Free access to quasi-judicial bodies
 Voluntary Sales of other lands may be considered to 2. Adequate legal assistance
determine value, but using the ff. factors:
1. Similarity of the lands Who are Protected
2. Time of sale 1. Low paid employees
3. Distance of the lands from each other 2. Domestic servants
 Court may substitute its own valuation when the 3. Labourers
commissioners: 4. Paupers
1. Used illegal principles 5. Need not be persons so poor that they must be supported
2. Disregarded a clear preponderance of evidence at public expense
3. Used improper manner of assessment 6. Indigents – source of income not sufficient for support
______________________________________________________________________________
Judicial Review on Expropriation SEC. 12
1. Necessity of taking (1) ANY PERSON UNDER INVESTIGATION FOR THE COMMISSION
2. Public use character of taking OF AN OFFENSE SHALL HAVE THE RIGHT TO BE INFORMED OF
3. Adequacy of the compensation HIS RIGHT TO REMAIN SILENT AND TO HAVE COMPETENT AND
INDEPENDENT COUNSEL PREFERABLY OF HIS OWN CHOICE. IF
______________________________________________________________________________ THE PERSON CANNOT AFFORD THE SERVICES OF COUNSEL, HE
SEC. 10 MUST BE PROVIDED WITH ONE. THESE RIGHTS CANNOT BE
NO LAW IMPAIRING THE OBLIGATION OF CONTRACTS SHALL BE WAIVED EXCEPT IN WRITING AND IN THE PRESENCE OF
PASSED. COUNSEL.
______________________________________________________________________________
(2) NO TORTURE, FORCE, VIOLENCE, THREAT, INTIMIDATION, OR
Laws That May Impair, INVALID ANY OTHER MEANS WHICH VITIATE THE FREE WILL SHALL BE
1. Law USED AGAINST HIM. SECRET DETENTION PLACES, SOLITARY,
2. Rule INCOMMUNICADO, OR OTHER SIMILAR FORMS OF DETENTION
3. Executive Order ARE PROHIBITED.
Exception: Court Judgment
(3) ANY CONFESSION OR ADMISSION OBTAINED IN VIOLATION OF
Laws Impairing Obligations of Contracts THIS OR SECTION 17 HEREOF SHALL BE INADMISSIBLE IN
1. Changes the terms of a legal contract between parties, EVIDENCE AGAINST HIM.
either in time or mode of performance
2. Imposes new conditions or dispenses w/ those expressed (4) THE LAW SHALL PROVIDE FOR PENAL AND CIVIL SANCTIONS
3. Authorizes, for its satisfaction, something different from FOR VIOLATIONS OF THIS SECTION AS WELL AS COMPENSATION
that provided in its terms TO THE REHABILITATION OF VICTIMS OF TORTURE OR SIMILAR
4. Law must effect a change on the rights of the parties w/ PRACTICES, AND THEIR FAMILIES.
reference to each other & not w/ reference to non-parties ______________________________________________________________________________
(ex. Gov’t)
WHAT RIGHTS ARE AVAILABLE_______________________________________
No Impairment When Only applicable to CRIMINAL investigation
1. The law imposes a new obligation on one of the parties, Effective Jan. 17, 1973
but w/o changing the relationship between the parties
2. A law which merely changes the procedural remedies of a Available Rights (Miranda Doctrine)
contract does not change the substance 1. Person in custody must be informed at the outset in clear and
unequivocal terms that he has a RIGHT TO REMAIN SILENT
Note: 2. Informed that anything he says can and will be used against
 There must be a VALID contract; if illegal, government can him in court
interfere (Police Power) 3. Informed that he has the RIGHT TO CONSULT WITH A
 If applied retroactively, VOID LAWYER and to have the lawyer with him during the
 License agreements are NOT contracts w/in the purview of the interrogation. He does not have to ask for a lawyer.
due process & non-impairment of contracts clauses 4. He should be warned that not only has he the right to consult
with a lawyer but also that if he is indigent, a LAWYER WILL
______________________________________________________________________________ BE APPOINTED to represent him.
SEC. 11 5. Even if person consents to answer questions without counsel,
FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND the moment he asks for one, the INTERROGATION MUST
ADEQUATE LEGAL ASSISTANCE SHALL NOT BE DENIED TO ANY CEASE until one is present
PERSON BY REASON OF POVERTY. 6. No EVIDENCE OBTAINED IN VIOLATION of these rights can
______________________________________________________________________________ be used against him

RA 7438 1. Special counsel, public or private prosecutor, counsel of the
Extended the guarantee to situations in which an individual has not police, municipal attorney whose interest is adverse to that of
been formally arrested but has merely been INVITED for the accused
questioning. There is a statutory guarantee broader than the 2. Mayor, unless the accused approaches him as counselor or
constitutional. adviser
 right granted not by the constitution but by statutory provision 3. Barangay Captain
4. One who notarized the sworn extrajudicial statement &
Updated Rights (People v. Mahinay) vouched for its regularity
1. Must be informed in a language known to and understood 5. Any other whose interest may be adverse to that of the accused
by him of the reason of the arrest and he must be shown
the warrant Preferably of the Detainee’s Own Choice
2. Right to remain silent, any statement he makes may be  The choice of a lawyer by a person is NOT EXCLUSIVE as to
used as evidence against him preclude other equally competent and independent attorneys
3. Right to be assisted at all times by an independent & from handling the defense
competent counsel, preferable of his own choice  The mere fact that the lawyer who assisted the person being
4. If he has no lawyer, one will be provided for him interrogated was furnished by the investigator does NOT mean
5. No custodial investigation can be conducted except in the that he is NOT independent
presence of his counsel or after a valid waiver has been
made RIGHT TO BE INFORMED_______________________________________________
6. At any time he is allowed to confer with his lawyer,  More than what is shown on TV where the police routinely
immediate family, priest, etc reads the rights from a note card
7. May waive said rights voluntarily, knowingly &  He is not only duty-bound to tell the person the rights to which
intelligently the latter is entitled; he must also explain their effects in
8. Should he waive such right, it must be done in writing & in practical terms
the presence of counsel; otherwise, waiver will be void
9. He may refuse at any stage to answer interrogations OTHER RIGHTS AVAILABLE____________________________________________
10. Any previous waiver of such rights is not a bar to invoking
them again The Following Are Also Prohibited (Sec. 12 (2))
11. Any evidence obtained in violation of such rules is 1. Torture, force, violence, threat, intimidation, other means
inadmissible against him which vitiate free will
2. Secret detention places, solitary, incommunicado, other similar
Three Rights Are Made Available By Section 12(1) forms of detention
1. Right to remain silent
2. Right to counsel WHEN AVAILABLE______________________________________________________
3. Right to be informed of such rights
When Rights Are Available
 Detainee can waive right to remain silent and right to counsel 1. After a person has been taken into custody
but NEVER the right to be informed 2. When one is deprived of his freedom of action
3. Officer starts to ask questions to elicit information &
RIGHT TO REMAIN SILENT_____________________________________________ confessions or admissions
 Only an accused has the right 4. Situations in w/c an individual has not been formally
 A person who is not accused may assume the stance of silence arrested but has merely been invited for questioning
only when asked an incriminating question 5. Applies even after charges are files when
 Under Sec. 12, however, a person under investigation has the 6. Re-enactment of crimes, unless made before custodial
right to refuse to answer any question. His silence, moreover, investigation
may not be used against him
Custodial Investigation
RIGHT TO COUNSEL_____________________________________________________ The time when the investigation is no longer a general inquiry into
 Is a right to counsel ALL THROUGHOUT the investigation/ an unsolved crime but has begun to focus on a particular suspect,
interrogation the suspect has been taken into police custody, the police carry out
 “I am here to assist you because I have been summoned to the process of interrogations that lends itself to eliciting
assist you” has been found to be an inadequate offer of incriminating statements (Escobedo)
assistance – the lawyer must not just inform, but ask
 If the accused never raises an objection to counsel given to  Process shifts from investigatory to ACCUSATORY
him, he is deemed to have been properly counseled  Should be investigation IN custody of the POLICE
 Must be competent and independent  There must be CUSTODY, there must be INVESTIGATION
 Right to Counsel does not include witnesses
3 Phases of the Criminal Process
Not Deemed Independent Counsel 1. Investigation prior to filing of charges
2. Preliminary investigation

3. Examination after charges have been filed and trial. 2. Must be made in writing
3. Made in presence of counsel
 Miranda rights and Sec. 12(1) rights were conceived for the
first phase  In localities where there are no lawyers, state must bring the
 Outside of this, Sec. 12(1) no longer applies, but sections 14 accused to a place where there is one or bring counsel to the
and 17 come into play instead place where the accused is held
 Extrajudicial confession before a judge is deemed voluntary  The waiver must be in language which clearly manifests the
even without assistance of counsel desire to waive the right.
 However, even after filing of charges, section 12 still applies if  Even if the confession is gospel truth, if it was made without
police attempt to elicit confessions assistance of counsel, it is inadmissible, regardless of the
absence of coercion or even if it had been voluntarily given
WHEN NOT AVAILABLE_________________________________________________  The same applies to waiver of right to counsel not made in
presence of counsel
When Rights Are Not Covered
1. Police line-up when investigation has NOT YET STARTED ADMISSIONS, & EXTRA-JUDICIAL CONFESSIONS____________________
2. Before government investigators are involved
3. Where a person presents himself to the police and makes Protection Covers Admissions and Confessions
a voluntary admission of guilt  Admission: act, declaration, or omission of party as to a
4. Res getae – SPONTANEOUS STATEMENTS, not elicited relevant fact
through questioning by authorities, but given in an  Confession: declaration of an accused acknowledging his guilt
ordinary manner whereby the accused orally admitted of the offense charged, or of any offense necessarily included
having committed the crime (even when in custody) therein
5. Person undergoing audit because an audit examiner is
NOT a law enforcer Non-Explicit Confessions or Admissions Are Protected
6. Confession to a radio announcer Must be made DURING custodial investigation:
7. Confession to a Mayor, acting as confidante not a law 1. Participation in a re-enactment
enforder 2. Photos of a re-enactment
8. Confession to a private individual 3. Signature of accused on receipt of seized property
9. Paraffin test, because it is not communicative or
testimonial  Signature in booking and arrest report, however, is not an
10. Re-enactment when done before custodial investigation admission but only of the fact of booking and arrest
Police Line-Up Note:

 Must apply to the Totality of Circumstances test  The right covers statements/confessions, not PHYSICAL
 If there is questioning already and custody, then rights are EVIDENCE
available
Requisites of a Valid Extrajudicial Confession
Valid Police Line-Up 1. Voluntary
1. The suspect, along with several other individuals 2. Made with assistance of competent and independent counsel
(fillers/foils) of similar HEIGHT, COMPLEXION & BUILD 3. Express
stand both facing and in profile. 4. In writing
2. Done in a special room which includes details like a height 5. Signed, or if accused is illiterate, thumb-marked
measurement grade on the wall to aid identifying the
person's height. Threats/Promises Which Make Confession Involuntary
3. The person making the identification views from behind 1. Violence
a one-way mirror or similar protection to guarantee the 2. Intimidation
suspect identified by the witness cannot know the identity 3. Promise of reward or leniency
of the witness.
4. Alternatively, photographs of the suspect and fillers can be ______________________________________________________________________________
shown to the identifier in what is called a "photo line-up". SEC. 13
Still VALID ALL PERSONS, EXCEPT THOSE CHARGED WITH OFFENSES
PUNISHABLE BY RECLUSION PERPETUA WHEN EVIDENCE OF
WAIVER OF RIGHT______________________________________________________ GUILT IS STRONG, SHALL, BEFORE CONVICTION, BE BAILABLE BY
Rights may be lost by neglect SUFFICIENT SURETIES, OR BE RELEASED ON RECOGNIZANCE AS
Where the defense fails to raise objections to the admissibility of MAY BE PROVIDED BY LAW. THE RIGHT TO BAIL SHALL NOT BE
evidence immediately, as required by rule 132, S36, the accused is IMPAIRED EVEN WHEN THE PRIVILEGE OF THE WRIT OF HABEAS
deemed to have waived his right CORPUS IS SUSPENDED. EXCESSIVE BAIL SHALL NOT BE
REQUIRED.
Requisites of a Valid Waiver ______________________________________________________________________________
1. Made voluntarily, knowingly, intelligently

RIGHT TO BAIL___________________________________________________________  Bail cannot be posted before custody has been acquired by
lawful arrest or voluntary surrender
Bail  Custody may be constructive
 Mode short of confinement which would, with reasonable  A person who has not been apprehended or submitted himself
certainty, insure the attendance of the accused at his trial to jurisdiction cannot apply for bail
 Security given fro the release of a person in custody, furnished
by him or a bondsman, conditioned upon his appearance Principles Governing Bail
before any court as may be required 1. High enough to assure presence of defendant when
required, but no higher than necessary for this purpose
Forms of Bail 2. Good of the public as well as the accused
1. Cash 3. The need for a tie to the jurisdiction and the right to
2. Deposit freedom from unnecessary restraint before conviction
3. Property Bond under circumstances surrounding each particular accused
4. Surety Bond
5. Any form of Recognizance Duties of Judge in Bail Application
1. NOTIFY prosecutor of the hearing of the application for
 Recognizance: a contract between sureties and the State for bail or require him to submit his RECOMMENDATION
the former to produce the accused at the required time; an 2. Conduct a HEARING, regardless of w/n prosecution
obligation of record entered into before a court guaranteeing refuses to present evidence to show that guilt is strong, to
the appearance of the accused for trial enable the court to exercise sound discretion
 Judge may not require that cash bond be given if the accuse is 3. DECIDE whether evidence of guilt is strong based on
offering to post a surety bond summary of evidence
4. DISCHARGE, if evidence of guilt is not strong, upon
Purpose of Bail approval of bail bond
1. To honor the presumption of innocence until his guilty is
proven beyond reasonable doubt When Bail Is Applied For a Capital Offense
2. To enable him to prepare his defense without being 1. A mandatory summary hearing is required w/ the
subject to punishment prior to conviction participation of both defense and prosecution, to ascertain
3. To insure the attendance of the accused existence of strong evidence
2. Burden of proof is with the prosecutor; if they refuse to do
Bail is a Matter of Right or Discretion so, the court can ask questions to ascertain the strength of
evidence
Right Discretion 3. Prosecution is given ample time to present its evidence
 A person is DETAINED  Upon conviction by RTC, of 4. Accused has the right to cross-examine the witness and
even if NO charge is filed offense NOT punishable by present his own evidence
yet RP or Life Imprisonment 5. If the court decides an order either granting/refusing bail,
 Court cannot refuse  If court imposed a penalty it should contain the summary of the evidence & the
 BEFORE or AFTER between 6-20 years, conclusion
Conviction of MTC EXCEPT: 6. Courts cannot rely on mere affidavits, hearsay evidences
 BEFORE conviction of RTC o Recidivist
except crimes punished by o Habitual Factors to Consider in Determining Bail
Death, Reclusion Perpetua Delinquent (Sec 6 Rule 114, Revised Rules of CRIMPRO)
or Life Imprisonment o Reiteracion Judge shall fix reasonable amount of bail considering primarily but
 Even if Capital Crime, there o Previously not limited to:
is right to bail when escaped/ evaded 1. Financial ability of accused to give bail
evidence of guilt is NOT sentence 2. Forfeiture of other bonds
strong o High Probability 3. Pendency of other cases in which the accused is under
of Flight bond
o Risk that accused 4. Penalty for the offense charged
might not appear 5. Probability of the accused appearing for trial
6. Weight of the evidence
Rules for Bail 7. Age and health of the accused
1. As a matter of RIGHT: offense charged is punishable by 8. Nature and circumstances of the offense
any penalty LOWER than Reclusion Perpetua 9. Character and reputation of the accused
2. As a matter of DISCRETION: offense is punishable by RP or 10. That accused was a fugitive from justice when arrested
higher, depending on w/n the evidence of guilt is strong;
also when the case is on APPEAL  Question of excessiveness of bail should be raised during the
application for bail
Note:
EXTRADITION PROCEEDINGS_________________________________________

 Administrative, but bears all the earmarks of a criminal  Judicial Power is vested in the Judiciary
process
 Entail deprivation of liberty on the potential extradite RIGHT TO BE PRESUMED INNOCENT_________________________________
 Means employed to attain the purpose is also the machinery of
criminal law Reasonable Doubt
 Bail is NOT a right in extradition proceedings, EXCEPT: That doubt engendered by an investigation of the whole proof, and
1. Defendant can demonstrate that he is not a “flight an inability after such investigation to let the mind upon the
risk” certainty of guilt
2. Exceptional, humanitarian, or compelling
circumstances Prima Facie Evidence of Guilt
MILITARY_________________________________________________________________ GR: burden to prove accused is guilty is on the prosecution

Exception: when the laws provide for prima facie evidence, which
Soldiers Under Court-Martial Do Not Have Right To Bail holds until the contrary is proven but there is still a presumption of
1. Disciplinary structure of the military innocence.
2. Soldiers are allowed to bear arms and can therefore cause
havoc  It is not a violation of the presumption of innocence.
3. Tradition has recognized the non-existence of the right  The state has the right to specify acts as to constitute prima
______________________________________________________________________________ facie evidence of guilty
SEC. 14  Requirement: RATIONAL connection between the facts
(1) NO PERSON SHALL BE HELD TO ANSWER FOR A CRIMINAL proved & ultimate fact presumed)
OFFENSE WITHOUT DUE PROCESS OF LAW.
Note:
(2) IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE  Absolute certainty of guilt is not demand to convict, but a
PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED, AND MORAL CERTAINTY is required as to every proposition of
SHALL ENJOY THE RIGHT TO BE HEARD BY HIMSELF AND proof requisite to constitute the offense
COUNSEL, TO BE INFORMED OF THE NATURE AND CAUSE OF THE  No person shall be convicted unless the prosecution has
ACCUSATION AGAINST HIM, TO HAVE A SPEEDY, IMPARTIAL, AND proved him GUILTY BEYOND REASONABLE DOUBT
PUBLIC TRIAL, TO MEET THE WITNESSES FACE TO FACE, AND TO  PREVENTIVE SUSPENSION PENDENTE LITE doesn’t violate the
HAVE COMPULSORY PROCESS TO SECURE THE ATTENDANCE OF right because it is not a penalty
WITNESSES AND THE PRODUCTION OF EVIDENCE IN HIS BEHALF.
HOWEVER, AFTER ARRAIGNMENT, TRIAL MAY PROCEED RIGHT TO BE HEARD____________________________________________________
NOTWITHSTANDING THE ABSENCE OF THE ACCUSED: PROVIDED,
THAT HE HAS BEEN DULY NOTIFIED AND HIS FAILURE TO General Elements of Right to be Heard
APPEAR IS UNJUSTIFIABLE. 1. Right to be present at trial
______________________________________________________________________________ 2. Right to counsel
3. Right to Impartial Judge
Sec. 12 – Rights in Custodial Sec. 14 – Rights of an Accused 4. Right to confrontation
Investigation 5. Right to compulsory process to secure attendance of
Applies before charges are filed Applies after charges have been witnesses
filed
Waiver of right to counsel – Waiver of right to counsel need RIGHT TO BE PRESENT AT TRIAL_____________________________________
needs to be in presence of not be in writing
counsel and in writing Scope: Period from ARRAIGNMENT to PROMULGATION of sentence
Exception: AFTER arraignment, trial may proceed despite the
MILITARY TRIBUNALS__________________________________________________ absence of the accused provided that he has been duly notified &
Military tribunals are part of the executive branch, not judicial. his failure to appear is unjustifiable
Military Tribunal Hearings that should stand Requisites of Valid Trial in Absentia
1. Persons who had FINISHED serving their sentence 1. Accused has been arraigned
2. Persons who have been granted AMNESTY 2. Duly notified of the trial
3. Persons who have been ACQUITTED by said tribunals 3. Failure to appear is unjustifiable
Note: Purpose: to speed up disposition of criminal cases

 Sec. 14 (1) does not include military courts
 GR: the SC has no supervisory authority over military courts Waiver of Right to be Present at Trial
 Military tribunals may not have jurisdiction to try civilians for  Accused may waive his presence at criminal proceedings.
offenses committed during martial law Except at stages where identification of his person by the
 Civilians are entitle to judicial process prosecution witnesses is necessary

 Accused must unqualifiedly admit in open court that every  What is important is the cause of the accusation
time a witness mentions a name by which he is known, the  GR: accused cannot be held liable for more than what he is
witness is to be understood as referring to him charged with in the information. Nature (designation of
statute) does not prevail over cause (facts)
RIGHT TO COUNSEL_____________________________________________________ Exception: can be convicted of the crime covered by the cause
 If certain facts are not alleged in the information, they may not
Reason: The average defendant does not have the professional skill be taken as qualifying circumstances. However, they may be
to protect himself when brought before a tribunal with power to used as AGGRAVATING
take his life or liberty  Multiple informations for illegal recruitment cannot be
consolidated to convict for illegal recruitment in large scale
Note:  Separate information may not be complexed
 Effective counsel, not intelligent counsel  The information need not allege the precise time of the
 Must be MEMBER of the Philippine Bar commission of offense, unless time is an ESSENTIAL ELEMENT
 In localities where there are no counsels, the state must bring of the crime charged. Actual date is not necessary, it should be
the individual to a place where there is one as near as possible
 May be waived, need not be in writing
 Violated if the court appoints a counsel de oficio, but the RIGHT TO SPEEDY TRIAL_______________________________________________
accused manifested his desire to have his own counsel
 “Preferably of his own choice” – does not convey that the Factors Considered in Determining Delay
choice of the lawyer by a person is EXCLUSIVE as to preclude 1. Length of delay
other equally competent and independent attorneys from 2. Reason for delay
handling the defense, otherwise, the tempo of the custodial 3. Effort of defendant to assert his right
investigation will be left solely to the discretion of the accused 4. Prejudice caused to the defendant
 Duty of the court to appoint a counsel de oficio is
MANDATORY only at the time of ARRAIGNMENT. No such  Delay is only counted only after the filing of an information
duty exists where the accused has proceeded to arraignment
and then trial. Appointment of counsel de oficio in a situation When is the Right to Speedy Trial Violated
like this would be DISCRETIONARY upon the court 1. Proceeding is attended by vexatious, capricious, and
 Right includes the Right to Confer with Counsel oppressive delays
2. Unjustified postponement of the trial are asked for and
Pre-Arraignment Duties of Trial Judge (Sec. 6 Rule 116 RoC) secured
1. Inform accused that he has right to counsel before being 3. Without cause or justified motive, a long period of time is
arraigned allowed to elapse without the party having his case tried
2. Ask whether accused desires aid of counsel
3. Court must grant him reasonable time to procure counsel  Right to Prompt Final Judgment is included
4. If accused is unable to employ one, court must assign
counsel de oficio to defend him Remedy for Violation of Right to Speedy Trial
1. Dismissal of the case & if under detention, to be released
RIGHT TO BE INFORMED_______________________________________________ by habeas corpus
2. Violation to right of speedy trial is equivalent to acquittal
Purpose of Right to be Informed & is a bar to another execution for the same offense
1. Furnish the accused w/ such a description of the charge
against him to enable him to make his defense RIGHT TO IMPARTIAL TRIAL__________________________________________
2. Avail the accused of his conviction or acquittal for Accused is entitle to the “cold neutrality of an impartial judge”
protection against a further prosecution for the same
cause Appearance of Impartiality of the Judge
3. Inform the court of the facts alleged, so that it may decide 1. Clarificatory questions may be asked, but privilege must
whether they are sufficient in law to support a conviction be sparingly and judiciously used
2. Judge may examine or cross, but only to clarify, not to
What Must The Information Contain? build a case
(Sec. 6 & 8 Rule 110, Rules of Court) 3. Judge may intervene in evidence presentation to expedite
1. Name of the accused and prevent wasting of time
2. Designation given to the offense by the statute (NATURE) 4. Impartial trial is not incompatible with free press.
3. Statement of the acts or omissions so complained of as Impartial judge is not an out of touch hermit. Judges are
constituting the offense (CAUSE) well trained
4. Name of the offended party
5. Approximate time & date of commission of offense RIGHT TO PUBLIC TRIAL_______________________________________________
6. Place were offense was committed
Public Trial: Anyone interested in observing the manner a judge
Note: conducts the proceedings in his courtroom may do so. There is to be

no ban on such attendance. His being a stranger to the litigants is of 3. To do, submit to, and receive whatever the court or judge
no moment. awarding the writ shall consider in that behalf.
Exceptions to Right to Public Trial Privilege of the Writ of Habeas Corpus

1. Evidence to be presented is offensive to decency or public The right to have an immediate determination of the legality of the
morals deprivation of physical liberty
2. National security issues
3. Sensitive rape cases  What may be suspended is the PRIVILEGE, but never the WRIT
 But even in these instances, the accused should be allowed at Essential Object & Purpose
least to have his friends, relatives and counsel present, no To inquire into all manner of involuntary restraint and to relieve a
matter what offense he may be charged. person there from if such is illegal
Purpose: to serve as a safeguard against any eattempt to employ Actual Deprivation of Liberty
our courts as instruments of persecution Requires actual deprivation of personal liberty. However, this does
not refer to physical compulsion alone. Freedom may be lost to:
RIGHT TO CONFRONTATION___________________________________________ 1. External moral compulsion
2. Founded or groundless fear
Purpose of Right to Cross-Examine 3. Erroneous belief in being harmed if someone is not blindly
1. To afford accused an opportunity to test the testimony of obeyed
the witness 4. Any other psychological element that curtails mental
2. To allow the judge to observe the deportment of the faculty of choice or free will
witness
LIMITATIONS ON SUSPENSION________________________________________
Exceptions to Right of Confrontation
1. Dying declarations Not Exclusive To The Executive
2. Trial in absentia  Suspension is for period not exceeding 60 DAYS
3. Child witness  Congress, voting jointly, may revoke the suspension
 Congress may also extend, upon initiative of the President
Note:  The SC, upon initiative of any citizen, may review:
 Compulsory process includes not only the attendance of 1. SUFFICIENCY of factual basis of the suspension
witnesses but also the PRODUCTION OF EVIDENCE. 2. Whether PUBLIC SAFETY requires the suspension
 Right is only available during TRIAL, which begins upon 3. SC must promulgate decision w/in 30 days from filing
arraignment, NOT during custodial investigation.  “Imminent danger” of rebellion, insurrection, or invasion no
 No right of confrontation against informants who are not longer a ground for the suspension
witnesses  Suspension of the privilege does not suspend the right to bail
 Difficulty in producing witness who had previously
testified: previous testimony may be made admissible as Requisites
evidence. Distinct exception to the hearsay rule, for orderly 1. There must be ACTUAL invasion or rebellion
and expeditious administration of justice 2. The public safety must require it
 Death of witness: if cross was actually commenced, but for
lack of time, was not completed, and witness in the meantime Applies Only To
died before cross could be resumed, testimony already given is Those charged with:
admissible 1. Rebellion
 Right may be waived expressly or impliedly. If a witness dies 2. Offenses connected to invasion
after party postpones their cross-examination, testimony on
direct examination is still admissible  It is not enough that the crimes fall under the enumeration
 For a person to lose privilege, he must be JUDICIALLY
______________________________________________________________________________ CHARGED in court
SEC. 15  Any person thus arrested or detained shall be set free if not
THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS SHALL NOT BE charged WITHIN 3 DAYS
SUSPENDED EXCEPT IN CASES OF INVASION OR REBELLION,
WHEN THE PUBLIC SAFETY REQUIRES IT. JUDICIAL REVIEW_______________________________________________________
______________________________________________________________________________
Broader Extent
WRIT OF HABEAS CORPUS_____________________________________________ 1. Not limited to GADLEJ
Writ directed to the person detaining another, commanding him to: 2. May also review factual basis
1. Produce the body of the prisoner at a designated time and
place, Note:
2. With the day and cause of his caption and detention

 Habeas Corpus is not proper mode to question CONDITIONS NO PERSON SHALL BE COMPELLED TO BE A WITNESS AGAINST
OF CONFINEMENT, but only to the FACT and DURATION of HIMSELF.
confinement. Restrictions inherent in detention are not ______________________________________________________________________________
punishment.
 If detention found illegal, object is to order the release of the RIGHT AGAINST SELF-INCRIMINATION______________________________
detainee
 Not a means for the redress of grievances or to seek injunctive Purpose
relief or damages 1. Public Policy: it would place the witness under the
 Once charges have been filed in court, Habeas Corpus is no strongest temptation to commit PERJURY
longer available 2. Humanity: it would prevent the extorting of confession by
duress
OTHER WRITS___________________________________________________________
 Guide in Interpretation: not the probability of the evidence,
Writ of Amparo: if detention is denied by the authorities, they are but the capability of abuse
compelled to explain the steps they have taken to find missing  Protects only NATURAL and NOT juridical persons
person’s location and to LOOK FOR HIM
Incriminating Question
Writ of Habeas Data A question tends to incriminate when the answer of the accused or
 Involves the military’s “order of battle” the witness would establish a fact w/c would be a necessary link in
 Court: produce the list. Explain why certain person is on that a chain of evidence to prove the commission of a crime by the
list accused or the witness
______________________________________________________________________________  Accused – may assert the right from the moment he is asked to
SEC. 16 testify; has absolute right to remain silent
ALL PERSONS SHALL HAVE THE RIGHT TO A SPEEDY DISPOSITION  Witness other than the accused – may assert the right only
OF THEIR CASES BEFORE ALL JUDICIAL, QUASI-JUDICIAL, OR when the question is incriminating
ADMINISTRATIVE BODIES.
______________________________________________________________________________ Expanded Right
1. Extends to ALL proceedings (judicial, administrative,
SPEEDY DISPOSITION OF CASES_______________________________________ official government inquiry)
Relative term and must necessarily be a flexible concept 2. Extends to both accused as well as mere witnesses in a
prosecution
Scope 3. Right is available in all cases (Civil, Criminal,
 Period: BEFORE, DURING & AFTER trial Administrative) so long as the penalty is penal in nature
 Broader than Sec.14 w/c only involves trial 4. Cover litigious or non-litigious proceedings
 Applies to CIVIL, CRIMINAL & ADMINISTRATIVE cases 5. Covers proceedings ex parte or otherwise
 Not limited to the accused, but extends to all parties in all cases 6. Covers all forms of interrogation before the courts
 Includes ALL PROCEEDINGS, including judicial and quasi- 7. Extends to investigations conducted by legislative bodies
judicial 8. Prohibits rendering incriminatory handwriting specimen
 Any party to a case may demand expeditious action on all
officials who are tasked with the administration of justice Extent______________________________________________________________________
Prohibited Permitted
Factors to Consider 1. Physical or moral means to 1. Physical examination of the
1. Length of delay extort communication from body of the accused to
2. Reason for delay the witness; testimonial check for pregnancy
3. Assertion of the right or failure to assert it compulsion 2. When the evidence sought
4. Prejudice caused by the delay 2. Having the accused sign a to be excluded is not an
receipt for property seized incriminating statement
When Violated 3. Making the accused sign his but an OBJECT evidence
1. Attended by vexatious, capricious, & oppressive delays name on rolled marijuana 3. Fingerprinting
2. Unjustified postponements are secured cigarettes 4. Inspection of bodily
3. Without cause or justifiable motive a long period of time is 4. Compelled to produce a features (ex. Wounds,
allowed to elapse without having the case tried sample of his handwriting comparing hand of accused
to be used as evidence in a with bloody prints on a
Remedy: dismissal through MANDAMUS falsification case wall, shoe size, urine
sample, morphine,
______________________________________________________________________________ gonorrhea)
SEC. 17 5. DNA test
6. Paraffin test

7. Pictures of the accused (1) EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR CRUEL,
8. Signing marked money DEGRADING OR INHUMAN PUNISHMENT INFLICTED. NEITHER
9. Signing the booking sheet & SHALL DEATH PENALTY BE IMPOSED, UNLESS, FOR COMPELLING
arrest report REASONS INVOLVING HEINOUS CRIMES, THE CONGRESS
10. Production of documents HEREAFTER PROVIDES FOR IT. ANY DEATH PENALTY ALREADY
w/c are public records IMPOSED SHALL BE REDUCED TO RECLUSION PERPETUA.
Note: (2) THE EMPLOYMENT OF PHYSICAL, PSYCHOLOGICAL, OR

 An ocular inspection of one’s body is allowed, even extending DEGRADING PUNISHMENT AGAINST ANY PRISONER OR
to an inspection of a woman’s body via a pregnancy test DETAINEE OR THE USE OF SUBSTANDARD OR INADEQUATE
 Signing receipt of seized goods is equivalent to self- PENAL FACILITIES UNDER SUBHUMAN CONDITIONS SHALL BE
incrimination and should therefore be made in presence of DEALT WITH BY LAW.
counsel ______________________________________________________________________________
 Applies also to administrative proceedings PARTAKING in
NATURE OF, or analogous to, CRIMINAL PROCEEDING. EXCESSIVE FINES________________________________________________________
Including the ff.: When under any circumstances it is disproportionate to the offense
1. Proceeding for forfeiture of property under Anti-Graft Law
2. Malpractice investigation for revocation of medical license CRUEL, DEGRADING, INHUMAN PUNISHMENT______________________
 The lawyer-client privilege may also apply (Regala v.
Sandiganbayan) Cruel, Degrading, Inhuman Penalty
 Mechanical evidence is protected while Creative evidence is 1. Punishment is flagrantly & plainly oppressive
not 2. Wholly disproportionate to the nature of the offense
3. Shocks the moral sense of the community
______________________________________________________________________________ 4. Involves torture or lingering death
SEC. 18 5. Punishment w/c involves too much pain & suffering that
(1) NO PERSON SHALL BE DETAINED SOLELY BY REASON OF HIS civilized people cannot tolerate
POLITICAL BELIEFS AND ASPIRATIONS. 6. Unusual punishments in the sense that they’ve never
before been known
(2) NO INVOLUNTARY SERVITUDE IN ANY FORM SHALL EXIST 7. Excessive & serves no legislative purpose
EXCEPT AS A PUNISHMENT FOR A CRIME WHEREOF THE PARTY 8. Popular sentiment abhors it
SHALL HAVE BEEN DULY CONVICTED.
______________________________________________________________________________ Guide for Determining When Punishment is Cruel & Unusual
1. Must not be so sever as to be degrading to the dignity of
INVOLUNTARY SERVITUDE____________________________________________ human beings
Every condition of enforced or compulsory service of one to 2. Must not be applied arbitrarily
another no matter under what for such servitude may be disguised 3. Must not be unacceptable to contemporary society
4. Must not be excessive (disproportionate to offense)
Exceptions Against Involuntary Servitude
1. PUNISHMENT for a crime duly convicted thereof Death Penalty
2. Personal MILITARY/CIVIL SERVICE in the interest of  Death Penalty per se is not a cruel, degrading & inhuman
National defense punishment
3. In NAVAL ENLISTMENT, a person who enlists in a  Appeal is a matter of right in criminal cases where penalty of
merchant ship may be compelled to remain in service reclusion perpetua or death is imposed
until the end of the voyage  Review by CA of the TC’s judgment imposing the death penalty
4. POSSE COMITATUS (every able-bodied person is is automatic & mandatory
ultimately responsible for keeping peace) for the  Death penalty already imposed shall be reduced to reclusion
APPREHENSION of criminals perpetua
5. Return to work order issued by the DOLE Secretary or the
President Requisites for Congress to Reimpose Death Penalty
6. MINORS under patria potestas are obliged to obey their 1. Congress must DEFINE what are heinous crimes
parents 2. Congress must PENALIZE by death only thos crimes that
qualify as heinous
Note: 3. Congress must be motivated by COMPELLING reasons
 Worker can of course give up his work if he does not want to
obey the order; but the order must be obeyed if he wants to Heinous Crimes
retain his work even if his inclination is to strike 1. Grievous, odious & hateful offense
2. By their wickedness, viciousness atrocity & perversity are
______________________________________________________________________________ repugnant & outrageous to the common standards &
SEC. 19 norms of decency & morality in a just, civilized, & ordered
society

 But courts are not precluded from declaring the crime charged When Dismissal Bars Subsequent Prosecution
to be non-heinous in character & concluding that no 1. Dismissal on the merits
compelling reason exists as to warrant the imposition of the 2. There was conviction or acquittal
death penalty 3. Dismissal due to failure to prosecute
4. Dismissal due to unreasonable delays in violation of the
______________________________________________________________________________ right to speedy trial
SEC. 20 5. Dismissal w/o consent of the accused
NO PERSON SHALL BE IMPRISONED FOR DEBT OR NON-PAYMENT 6. Dismissal due to insufficiency of evidence
OF A POLL TAX. 7. Discharge of an accused in order to make him a state
______________________________________________________________________________ witness is equivalent to an acquittal and is a bar to
reinstatement of the case against him. EXCEPT: if the
Debt: a CONTRACTUAL obligation, whether express or implied, accused fails/refuses to testify against his co-defendants
resulting in any liability to pay MONEY.
 All other types of obligations are not within the scope of this When Dismissal DOES NOT Bar Subsequent Prosecution
prohibition 1. Dismissal is made upon motion or w/ the EXPRESS
CONSENT of the accused
When a person may be imprisoned for fraudulent debt 2. VERBAL DISMISSAL not yet written & signed by the judge
1. The fraudulent debt consists of a CRIME (i.e. Estafa) 3. Dismissal does NOT amount to an acquittal/dismissal
2. The debtor has been duly CONVICTED based on the consideration of the evidence or the MERITS
of the case
Poll Tax: the cedula tax or residence tax 4. If the question to be passed upon by the appellate court is
BP 22: the gravamen of the offense is not the non-payment of the purely LEGAL, & if the dismissal be found incorrect, the
debt but PUTTING INTO CIRCULATION of a worthless check case would have to be remanded to the court of origin for
further proceedings, to determine the guilt or innocence of
______________________________________________________________________________ the defendant
SEC. 21 5. When the dismissal of the case constitutes GADALEJ, the
NO PERSON SHALL BE TWICE PUT IN JEOPARDY OF PUNISHMENT dismissal, even if made on the merits, is INVALID and is
FOR THE SAME OFFENSE. IF AN ACT IS PUNISHED BY A LAW AND therefore no bar to a reinstatement of the case
AN ORDINANCE, CONVICTION OR ACQUITTAL UNDER EITHER 6. An order of dismissal in a PRELIMINARY
SHALL CONSTITUTE A BAR TO ANOTHER PROSECUTION FOR THE INVESTIGATION does not in any way terminate a case. As
SAME ACT. long as the crime has not prescribed, a preliminary
______________________________________________________________________________ investigation may still be conducted
7. PROVISIONAL DISMISSAL: a dismissal w/o prejudice to
2 Kinds of Double Jeopardy reinstatement/ revival before the order becomes final, or
1. Same offense w/o prejudice to the subsequent filing of a new
2. Same act (law/ordinance) information. A case shall not be provisionally dismissed
except with the express consent of the accused and due
Requisites of Double Jeopardy notice to the offended parties
1. 1st jeopardy must have attached prior to the 2nd
2. 1st jeopardy must have terminated 2nd Offense that Amounts to Jeopardy
3. 2nd jeopardy must be for the SAME OFFENSE as that of the 1. Same offense
1st 2. Attempt of the 1st offense (Same Act Jeopardy)
3. Frustration of 1st offense
1st Requisite: Attachment of 1st Jeopardy 4. Offense necessarily included (ex. Physical Injuries &
1. Upon a good indictment (valid information) Homicide)
2. Before a competent court 5. Offense that necessarily includes the 1st (Homicide &
3. After arraignment Murder)
4. After plea
Valid Termination of Same Act Jeopardy
 Information is valid if it can support a judgment of conviction 1. By Acquittal
or acquittal 2. By Final Conviction
 Accused has to have been convicted with the offense charged
in the information, not the offense proven in court Demurer – dismissal based on inefficiency of evidence
2nd Requisite: Valid Termination of 1st Jeopardy Deemed as Waiver or Estoppel to the Defense of Double
1. By acquittal Jeopardy
2. By final conviction 1. Defendant’s motion to dismiss for lack of jurisdiction
3. By dismissal w/o express consent of the accused 2. By pleading not guilty to the 2nd charge instead of moving
4. By dismissal on the merits of the case to quash

3. By consenting to the provisional dismissal jeopardy of the same act, charged aren’t the same,
4. Appeal of conviction. The appellate court may impose on provided he’s charged w/ a because one constitutes a
him a penalty higher than that of the original conviction different offense violation of an ORDINANCE, &
other a violation of a STATUTE
Effect of Judgement of Acquittal
Prohibits double jeopardy for Prohibits double jeopardy for
Decision Becomes Immediately Final When the SAME OFFENSE the SAME ACT
1. The period for appeal has lapsed
2. The sentence has been totally/partially served Identity of offenses charged: Identity of the ACTS charged:
3. The defendant expressly waived his right to appeal examine essential elements of time & space (offenses need not
each of the 2 offenses charged be the same, provided they flow
 Even if erroneous, it ends the case finally from the same act)
 Prosecution may not appeal a judgment of acquittal
Note
Exceptions to Finality of Acquittal  The situation is different when one act violates two different
1. Where the prosecution was not afforded due process (ex. STATUTES or two different PROVISIONS of a statute. The rule
Not given the chance to present evidence) in such a case is that if the one act results in TWO DISTINCT
2. A petition for certiorari may not lie against an acquittal offenses, prosecution under one is not a bar to prosecution
granted upon an MR, where such MR was granted w/ under the other.
GADALEJ
3. Decision of the CA acquitting the accused w/ requiring the ______________________________________________________________________________
Solicitor General to file a comment (also applies to SC) SEC. 22
NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL BE
Supervening Events ENACTED.
Changes the character of the offense & the accused cannot be said to _____________________________________________________________________________
be placed under double jeopardy for being prosecuted for the new
offense w/c did not exist at the time of the 1st prosecution Characteristics of an Ex-Post Facto Law
1. Refers to CRIMINAL matters
Rationale: there’s no possibility for the accused, during the 1 st 2. Retrospective
prosecution to be convicted for an offense that was then inexistent 3. Causes PREJUDICE to the accused
Exceptions to Double Jeopardy Ex Post Facto Law

A conviction for an offense will NOT BAR a prosecution for an 1. Makes criminal an act done before the passage of the law
offense w/c necessarily includes the offense charged in the former & w/c was innocent when done, & punishes such act
information where: 2. Aggravates a crime or makes it greater than when it was
1. The graver offense developed due to a supervening fact committed
arising from the same act/omission constituting the 3. Changes the punishment and inflicts a greater punishment
former charge than the law annexed to the crime when committed
2. The facts constituting the graver offense became known or 4. Alters the legal rules of evidence, and authorizes
were discovered only after the filing of the former conviction upon less or different testimony that the law
information required at the time of the commission of the offense
3. The plea of guilty to the lesser offense was made w/o the 5. Assumes to regulate civil rights and remedies only, in
consent of the prosecutor and the offended part. EXCEPT effect imposes penalty or deprivation of a right for
when the offended party fails to appear at the arraignment something which when done was lawful
6. Deprives a person accused of a crime some lawful
 If the facts could have been discovered by the prosecution, but protection to which he has become entitled, such as the
were not discovered because of the prosecution’s protection of a former conviction or acquittal or a
incompetence, it would NOT be considered a supervening proclamation of amnesty
event
Bill of Attainder: a legislative act w/c inflicts punishment w/o trial
3rd Requisite: When the 1st & 2nd Offense is the Same
1st Sentence of SEC. 21 2nd Sentence of SEC. 22

No person shall be put twice in If an act is punishable by law &
jeopardy of punishment of the an ordinance, conviction or
same offense acquittal in either is a bar to
another prosecution for the
same ACT
One may be put twice in Applies even if the offense

Erlaine Vanessa D. Lumanog Constitutional Law 2 - Atty. Medina

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Erlaine Vanessa D. Lumanog Constitutional Law 2 - Atty. Medina

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______________________________________________________________________________

ARTICLE 3 Right to Due Process

Rights (according to sections): Requirements:

Principles of Human Rights: E. Dismissal of employees (Agabon v. NLRC)

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Quasi-legislative Quasi-judicial Requisites of a Valid Ordinance

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Search Warrant should describe: 1. Search Incidental to Lawful Arrest

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Reasonable Test of Expectation of Privacy Other Valid Warrantless Arrests

Who Can Arrest: 6. Final Deportation Order

Valid Warrantless Arrests 1. Searches and Seizures

2. Doctrine of Hot Pursuit (Rule 5B CrimPro) 2. Invalidity of Arrest

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Forms of Correspondence & Communication Requisites of valid prior submission

Kinds of Speech and Expression Factors to consider

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

SUBSEQUENT PUNISHMENT___________________________________________ Elements

O’Brien Test Public Figure – a person who by his profession, accomplishments,

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Memoirs Test Rights of Students in Educational Institutions

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Right To Return To One’s Country Executive Privilege

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Police Line-Up Note:

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

MILITARY_________________________________________________________________ GR: burden to prove accused is guilty is on the prosecution

Note: Purpose: to speed up disposition of criminal cases

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Exceptions to Right to Public Trial Privilege of the Writ of Habeas Corpus

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Note: (2) THE EMPLOYMENT OF PHYSICAL, PSYCHOLOGICAL, OR

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

Exceptions to Double Jeopardy Ex Post Facto Law

1st Sentence of SEC. 21 2nd Sentence of SEC. 22

One may be put twice in Applies even if the offense

Erlaine Vanessa D. Lumanog Constitutional Law 2 – Atty. Medina

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