Course Outline and Additional Reading Constitutional Law Ii

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COURSE OUTLINE and ADDITIONAL READING

For
CONSTITUTIONAL LAW II
(Constitutional Law Review II/Political Law Review II)
(Bill of Rights ,Citizenship and Suffrage)
SY2021-2022

CARLO L. CRUZ

The BILL OF RIGHTS

Basic Textbook – NOTES ON THE CONSTITUTION, Volume 3 (2019 Edition)

Secondary Textbook – CONSTITUTIONAL LAW, Justice Isagani A. Cruz and Carlo L. Cruz,
2015 Edition
PHILIPPINE POLITICAL LAW, Justice Isagani A. Cruz and Carlo L. Cruz, 2014
Edition

Chapter 1 – INTRODUCTION

Chapter 2 – THE NATURE OF THE CONSTITUTION

Definition
Purposes
The Supremacy of the Constitution
Essential Qualities of the Written Constitution
Essential Parts of the Written Constitution
Permanence of the Constitution
Interpretation
Amendment or Revision
Philippine Political Law, Cruz and Cruz, 2014 Edition, Chapter 18
Procedure
Proposal
Ratification
Judicial Review of Amendments
The 1987 Constitution

Chapter 3 – THE CONSTITUTION AND THE COURTS

Voting
Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 485-490

Requisites of a Judicial Inquiry


Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 490-526
Actual Case
Proper Party
Earliest Opportunity
Necessity of Deciding Constitutional Question

Effects of Declaration of Unconstitutionality


Philippine Political Law, Cruz and Cruz, 2014 Edition, pages 490-526

1
Theory of Relative Unconstitutionality
Central Bank Employees Association v. Bangko Sentral, G.R. No. 148208, December 15, 2004

Partial Unconstitutionality

Chapter 4 – THE FUNDAMENTAL POWERS OF THE STATE

Similarities
Differences
Ferrer v. Bautista, G.R. No. 210551, June 30, 2015
Aquino v. Municipality of Malay, Aklan, G.R. No. 211356, September 29, 2014
Limitations

Chapter 5 – THE POLICE POWER

Definition and Scope


Lagman v. Medialdea, G.R. No. 231658, July 4, 2017
Department of Transportation v. Philippine Petroleum Sea Transport
Association, G.R. No. 230107, July 24, 2018
Council of Teachers and Staff of Colleges and Universities of the Philippines v.
Secretary of Education, G.R. No. 216930, October 9, 2018
Zabal v. Duterte, G.R. No. 238467, February 12, 2019

Characteristics
The Provincial Bus Operators Association of the Philippines v. Department of
Labor and Employment, G.R. No. 202275, July 17, 2018

Exercise of the Police Power


Southern Luzon Drug Corporation v. The Department of Social Welfare and
Development, G.R. No. 199669, April 25, 2017
The City of Bacolod v. Phuture Vision Co., Inc., G.R. No. 190289, January 17, 2018
Evasco v. Montañez, G.R. No. 199172, February 21, 2018

Tests of the Police Power


Association of Medical Clinics for Overseas Workers, Inc. v. GCC Approved
Medical Centers Association, Inc., G.R. No. 207132, December 6, 2016

Lawful Subject
Lawful Means
Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc.,
G.R. No. 189185, August 16, 2016

Integrity of the Police Power

Chapter 6 – EMINENT DOMAIN

Definition and Scope


City of Manila v. Prieto, G.R. No. 221366, July 8, 2019
Land Bank of the Philippines v. Baldoza, G.R. No. 221571, July 29, 2019
PNOC Alternative Fuels Corporation v. National Grid Corporation of the
Philippines, G.R. No. 224936, September 4, 2019

2
Who May Exercise
PNOC Alternative Fuels Corporation v. National Grid Corporation of the
Philippines, G.R. No. 224936, September 4, 2019

Destruction from Necessity

Necessity of Exercise

Private Property
Republic v. Sps. Llamas, G.R. No. 194190, January 25, 2017
Gatchalian v. Flores, G.R. No. 225176, January 19, 2018

Taking
Heirs of Pablo Feliciano Jr. v. Land Bank of the Philippines, G.R. No.
215290, January 11, 2017
Bartolata v. Republic, G.R. No. 223334, June 7, 2017
National Transmission Corporation v. Oroville Development
Corporation, G.R. No. 223366, August 1, 2017
The Manila Banking Corporation v. Bases Conversion and Development
Authority, G.R. No. 230144, January 22, 2018
Republic v. Sps. Alforte, G.R. No. 217051, August 22, 2018

Public Use
Republic v. Sps. Llamas, G.R. No. 194190, January 25, 2017
Apo Fruits Corporation v. The Land Bank of the Philippines, G.R. Nos. 217985-
96, March 21, 2018

Just Compensation
Republic v. Macabagdal, G.R. No. 227215, January 10, 2018
Yared v. Land Bank of the Philippines, G.R. No. 213945, January 24, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243, January 24, 2018
Rebadulla v. Republic, G.R. No. 222159, January 31, 2018
Land Bank of the Philippines v. Alcantara, G.R. No. 187423, February 28, 2018
Apo Fruits Corporation v. The Land Bank of the Philippines, G.R. Nos. 217985-
96, March 21, 2018
Land Bank of the Philippines v. Herederos de Ciriaco Chunaco Distileria, Inc.,
G.R. No. 206992, June 11, 2018
Felisa Agricultural Corporation v. National Transmission Corporation, G.R. No.
231655, July 2, 2018
National Transmission Corporation v. Lacson-De Leon, G.R. No. 221624, July 4,
2018
Land Bank of the Philippines v. Prado Verde Corporation, G.R. No. 208004/G.R.
No. 208112/G.R. No. 210243, July 30, 2018
Republic v. Macabagdal, G.R. No. 227215, January 10, 2018
The Manila Banking Corporation v. Bases Conversion and Development
Authority, G.R. No. 230144, January 22, 2018
Odiamar v. Valencia, G.R. No. 213582, September 12, 2018
Republic v. Sps. Legaspi, G.R. No. 221995, October 3, 2018
Maravilla v. Bugarin, G.R. Nos. 226199 and 227242-54, October 1, 2018
Republic v. Jose Gamir-Consuelo Diaz Heirs Association, Inc., G.R. No. 218732,
November 12, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243, January 24, 2018
Republic v. Sps. Silvestre, G.R. No. 237324, February 6, 2019

3
Republic v. Fetalvero, G.R. No. 198008, February 4, 2019
Land Bank of the Philippines v. Lucy Grace and Elma Gloria Franco, G.R. No.
203242, March 12, 2019
Land Bank of the Philippines v. Briones-Blanco, G.R. No. 213199, March 27,
2019
National Transmission Corporation v. Bermuda Development Corporation,
G.R No. 214782, April 3, 2019
JMA Agricultural Development Corporation v. Land Bank of the Philippines,
G.R. No. 206026, July 10, 2019
Republic v. Barcelon, G.R. No. 226021, July 24, 2019
Republic v. Sps. Darlucio, G.R. No. 227960, July 24, 2019
Land Bank of the Philippines v. Del Rosario and Del Rosario, G.R. No 210105,
September 2, 2019

Chapter 7 – TAXATION

Nature
Lim Gaw v. Commissioner of Internal Revenue, G.R. No. 222837, July 23, 2018
Commissioner of Internal Revenue v. Standard Insurance Co., Inc., G.R. No.
219340, November 7, 2018

Scope

Exercise
City of Manila v. Cosmos Bottling Corporation, G.R. No. 196681, June 27, 2018
Cruz v. City of Makati, G.R. No. 210894, September 12, 2018

Due Process and Taxation


Commissioner of Internal Revenue v. Petron Corporation, G. R. No. 185568,
March 21, 2012
Tridharma Marketing Corporation v. Court of Tax Appeals, G.R. No. 215950,
June 20, 2016
National Power Corporation v. The Province of Pangasinan, G.R. No. 210191,
March 4, 2019

Equal Protection and Taxation


Double Taxation

Public Purpose
Tax Exemptions
Commissioner of Internal Revenue v. Transfield Philippines, Inc., G.R. No.
211449, January 16, 2019
La Sallian Educational Innovators Foundation v. Commissioner of Internal
Revenue, G.R. No. 202792, February 27, 2019
National Power Corporation v. The Province of Pangasinan, G.R. No. 210191,
March 4, 2019
International Container Terminal Services, Inc. v. The City of Manila, G.R. No.
185622, October 17, 2018

Chapter 8 – DUE PROCESS OF LAW

4
Origin of Due Process
Evolution of Due Process
Meaning of Due Process
Zabal v. Duterte, G.R. No. 238467, February 12, 2019
Palacios v. People, G.R. No. 240676, March 18, 2019

Person
Deprivation
Life
Liberty
Property
Substantive Due Process
Department of Transportation v. Philippine Petroleum Sea Transport
Association, G.R. No. 230107, July 24, 2018
Council of Teachers and Staff of Colleges and Universities of the Philippines v.
Secretary of Education, G.R. No. 216930, October 9, 2018
Aldovino v. Gold and Green Manpower Management and Development
Corporation, G.R. No. 200811, June 19, 2019
Cuartocruz v. Active Works, Inc., G.R. No. 209072, July 24, 2019

Procedural Due Process

Judicial Due Process


Estate of Ferdinand E. Marcos v. Republic, G.R. No. 213027, January 18,
2017
People v. Nunez, G.R. No. 209342, October 4, 2017
Department of Education v. Dela Torre, G.R. No. 216748, July 25, 2018

Impartial and Competent Court


Republic v. Sereno, G.R. No. 237428, Resolution on the Motion
for Reconsideration, June 19, 2018
Chavez v. Marcos, G.R. No. 185484, June 27, 2018
People’s General Insurance Corporation v. Guansing, G.R. No.
204759, November 14, 2018

Jurisdiction
Express Padala [Italia] S.P.A. v. Ocampo, G.R. No. 202505,
September 6, 2017
Republic v. Sereno, G.R. No. 237428, Resolution on the Motion
for Reconsideration, June 19, 2018

Hearing
Allied Banking Corporation v. Calumpang, G.R. No. 219435,
January 17, 2018
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501,
January 22, 2018
Land Bank of the Philippines v. Manzano, G.R. No. 188243,
January 24, 2018
Lagon v. Velasco, G.R. No. 208424, February 14, 2018

Appeal

5
Turks Shawarma Company v. Pajaron, G.R. No. 207156,
January 16, 2017
Albor v. Court of Appeals, G.R. No. 196598, January 17, 2018
Malcaba v. Prohealth Pharma Philippines, Inc., G.R. 209085,
June 6, 2018
Cu v. Ventura, G.R. No. 224567, September 26, 2018
Bagaporo v. People, G.R. No. 211829, January 30, 2019
People v. Cepeda, G.R. No. 229833, July 29, 2019
People v. Sison, G.R. No. 238453, July 31, 2019

Exceptions
Nuisances
Knights of Rizal v. DMCI Homes, Inc., G.R. No.
213948, April 25, 2017
North Greenhills Association, Inc. v. Atty. Morales,
G.R. No. 222821, August 9, 2017

Presumptions
Judgment
Tan v. Gumba, A.C. No. 9000, January 10, 2018

Administrative Due Process


Asiga Mining Corporation v. Manila Mining Corporation and Basiana
Mining Exploration Corporation, G.R. No. 199081, January 24,
2018
Gere v. Anglo-Easter Crew Management Phils., Inc., G.R. No. 226656,
April 23, 2018
Pasok v. Office of the Ombudsman, G.R. No. 218413, June 6, 2018
Commissioner of Internal Revenue v. Pilipinas Shell Petroleum
Corporation, July 9, 2018
The Provincial Bus Operators Association of the Philippines v.
Department of Labor and Employment, G.R. No. 202275, July
17, 2018
Commissioner of Internal Revenue v. Avon Products Manufacturing,
Inc., G.R. Nos. 201398-99, October 3, 2018
Miranda v. Civil Service Commission, G.R. No. 213502, February 18,
2019
Tagastason v. People, G.R. No. 222870, July 8, 2019
Philippine Aero, Inc. v. DOTC Secretary, G.R. No. 237486, July 3, 2019
Maynilad Water Services, Inc. Secretary of the Department of
Environment and Natural Resources, G.R. No. 202897, August 6,
2019

Chapter 9 – EQUAL PROTECTION

Definition
Persons Protected
Classification
Requirements
Substantial Distinctions
H. Villarica Pawnshop, Inc. v. Social Security Commission,
G.R. No. 228087, January 24, 2018
Pasok v. Office of the Ombudsman, G.R. No. 218413, June 6, 2018

6
Abubakar v. People, G.R. Nos. 202408, 202409, and 202412, June
27, 2018
The Provincial Bus Operators Association of the Philippines v.
Department of Labor and Employment, G.R. No.
202275, July 17, 2018
Department of Transportation v. Philippine Petroleum Sea
Transport Association, G.R. No. 230107, July 24, 2018
Reyes v. HRET, G.R. No. 221103, October 16, 2018
Council of Teachers and Staff of Colleges and Universities of the
Philippines v. Secretary of Education, G.R. No. 216930,
October 9, 2018

Relevance to Purpose of Law


Duration
Applicability to All

Chapter 10 – ARRESTS, SEARCHES AND SEIZURE

Scope of Protection

Requisites of a Valid Warrant

Existence of Probable Cause


People v. Pastrana and Abad, G.R. No. 196045, February 21, 2018
People v. Maderazo, G.R. No. 235348, December 10, 2018
People v. Sandiganbayan [1st Division], G.R. Nos. 219824-25, February
12, 2019

Determination of Probable Cause


People v. Pastrana and Abad, G.R. No. 196045, February 21, 2018
Saluday v. People, G.R. No. 215305, April 3, 2018
People v. Alcantara, G.R. No. 207040, July 4, 2018
Corpus v. Judge Pamular, G.R. No. 186403, September 5, 2018
Marantan v. Department of Justice, G.R. No. 206354, March 13, 2019
People v. Claudel, G.R. No. 219852, April 3, 2019
People v. Maneclang, G.R. No. 230337, June 17, 2019
People v. Juguilon, G.R. No. 229828, June 26, 2019
People v. Rodriguez, G.R. No. 233535, July 1, 2019; see also People v.
Manansala, G.R. No. 229509, July 3, 2019; People v.
Resurreccion, G.R. No. 231361, July, 2019; Limbo v. People, G.R.
No. 238299, July 1, 2019; People v. Retada, G.R. No. 239331, July
10, 2019; People v. Nazareno, G.R. No. 231875, July 29, 2019;
People v. Paz, G.R. No. 233466, August 7, 2019
People v. Sarip, G.R. No. 231917, July 8, 2019; See also People v.
Cañete, G.R. No. 242018, July 3, 2019
Tagastason v. People, G.R. No. 222870, July 8, 2019
Salcedo v. Judge Daray, G.R. No. 219157, August 14, 2019

Examination of Applicant
Particularity of Description
People v. Santos, G.R. No. 223142, January 17, 2018
Dimal and Castillo v. People, G.R. No. 216922, April 18, 2018

7
Properties Subject to Seizure
In Re: Special Report on the Arrest of Rogelio M. Salazar, A.M. No. 15-05-136-
RTC/A.M. P-16-3450, December 4, 2018

Admissibility of Illegally Seized Evidence


Dabon v. People, G.R. No. 208775, January 22, 2018
People v. Miranda, G.R. No. 229671, January 31, 2018
People v. Cabrellos, G.R. No. 229826, July 30, 2018
In Re: Special Report on the Arrest of Rogelio M. Salazar, A.M. No. 15-05-136-
RTC/A.M. P-16-3450, December 4, 2018
People v. Obias, G.R. No. 222187, March 25, 2019

Warrantless Arrests, Searches and Seizures


Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501, January 22, 2018
People v. Villahermoso, G.R. No. 218208, January 24, 2018
People v. Fernandez, G.R. No. 226400, January 24, 2018
People v. Miranda, G.R. No. 229671, January 31, 2018
People v. Que, G.R. No. 212994, January 31, 2018
People v. Crispo, G.R. No. 230065, March 14, 2018
People v. Tomawis, G.R. No. 228890, April 18, 2018; see also People v. Sood, G.R.
No. 227394, June 6, 2018; People v. Ga-a, G.R. No. 222559, June 6, 2018;
People v. Callejo, G.R. No. 227427, June 6, 2018
People v. Otico, G.R. No. 231133, June 6, 2018
People v. Supat, G.R. No. 217027, June 6, 2018
People v. Sipin, G.R. No. 224290, June 11, 2018
People v. Teng Moner y Adam, G.R. No. 202206, March 5, 2018
People v. Dumagay, G.R. No. 216753, February 7, 2018
People v. Bugtong, G.R. No. 220451, February 26, 2018
People v. Comprado, G.R. No. 213225, April 4, 2018
People v. Reyes, G.R. No. 219953, April 23, 2018
Reyes v. People, G.R. No. 229380, June 6, 2018
Anyayahan v. People, G.R. No. 229787, June 20, 2018
People v. Palaras, G.R. No. 219582, July 11, 2018
Mariñas v. People, G.R. No. 232891, July 23, 2018
People v. Allingag, G.R. No. 233477, July 30, 2018; see also People v. Ocampo,
G.R. No. 232300, August 1, 2018; People v. Maralit, G.R. No. 232381.
August 1, 2018; People v. Lim, G.R. No. 231989, September 4, 2018
Macad v. People, G.R. No. 227366, August 1, 2018
People v. Lim, G.R. No. 231989, September 4, 2018
People v. Suico, G.R. No. 229940, September 10, 2018
People v. Mendoza, G.R. No. 225061, October 10, 2018
People v. Jimenez, G.R. No. 230721, October 15, 2018; see People v. Espera, G.R.
No. 227313, November 21, 2018
People v. Torio, G.R. No. 225780, December 3, 2018
People v. Acosta, G.R. No. 238865, January 28, 2019
Lapi v. People, G.R. No. 210731, February 13, 2019
Trinidad v. People, G.R. No. 239957, February 18, 2019
People v. Cartina, G.R. No. 226152, March 13, 2019
People v. Obias, G.R. No. 222187, March 25, 2019
Porteria v. People, G.R. No. 233777, March 20, 2019
People v. Orcullo, G.R. No. 229675, July 8, 2019
De Guzman v. People, G.R. No. 240475, July 24, 2019

8
Cruz v. People, G.R. No. 238141, July 1, 2019
People v. Nazareno, G.R. No. 231875, July 29, 2019
People v. Sison, G.R. No. 238453, July 31, 2019
People v. Baer, G.R. No. 228958, August 14, 2019
People v. Torres, G.R. No. 241012, August 28, 2019
Cabahug v. People, G.R. No. 209078, September 4, 2019
People v. Garcia, G.R. No. 230983, September 4, 2019
De Villa v. People, G.R. No. 224039, September 11, 2019
People v. Dizon, G.R. No. 223562, September 4, 2019
Musa v. People, G.R. No. 242132, September 25, 2019
Polangcos v. People, G.R. No. 239866, September 11, 2019
People v. Gardon-Mentoy, G.R. No. 223140, September 4, 2019
Ichon v. People, G.R. No. 228107, October 9, 2019

Privacy of Communication and Correspondence


Iglesias v. Office of the Ombudsman, G.R. No. 180745, August 30, 2017
Saluday v. People, G.R. No. 215305, April 3, 2018
In Re: Special Report on the Arrest of Rogelio M. Salazar, A.M. No. 15-05-136-
RTC/A.M. P-16-3450, December 4, 2018

Chapter 11 – LIBERTY OF ABODE AND TRAVEL

Purpose
Limitations
Genuino v. de Lima, G.R. No. 197930; Arroyo v. de Lima, G.R. No. 199034;
Arroyo v. de Lima, G.R. No. 199046, April 17, 2018
Sy v. Sandiganbayan, G.R. No. 237703, October 3, 2018
Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018
Zabal v. Duterte, G.R. No. 238467, February 12, 2019
Chapter 12 – FREEDOM OF RELIGION

Religion
Religion in the Constitution
Separation of Church and State
Republic v. Manalo, G.R. No. 221029, April 24, 2018
Peralta v. Philippine Postal Corporation, G.R. No. 223395, December 4, 2018

Intramural Religious Disputes

Religious Profession and Worship


Freedom to Believe
Freedom to Act on One’s Beliefs
Soriano v. People, G.R. No. 225010, November 21, 2018

Religious Tests

Chapter 13 – FREEDOM OF EXPRESSION

Importance
Scope
Modes of Expression

9
Elements
Freedom from Censorship
Tordesillas v. Puno, G.R. No. 210088, October 1, 2018
Loida Nicolas-Lewis v. COMELEC, G.R. No. 223705, August 14,
2019

Freedom from Punishment


Celdran v. People, G.R. No. 220127, March 21, 2018
Guy v. Tulfo, G.R. No. 213023, April 10, 2019

The Clear and Present Danger Rule


The Dangerous Tendency Doctrine
The Balance-of-Interest Test

Content Neutral and Content-Based Regulations

Criticism of Official Conduct


Re: Show Cause Order in The Decision dated May 11, 2018 in G.R. No. 237428
[Republic v. Sereno], A.M. 18-06-01-SC, July 17, 2018

Art and Obscenity


Assembly and Petition
Tests

Right of Association
Cezar Yatco Real Estate Services, Inc. v. Bel-Air Village Association, Inc. G.R.
No. 211780, November 21, 2018
GSIS Family Bank Employees Union v. Villanueva, G.R. No. 210773, January
23, 2019
Slord Development Corporation v. Noya, G.R. No. 232687, February 4, 2019

Access to Information

Chapter 14 – THE IMPAIRMENT CLAUSE

Philippine Association of Detective and Protective Agency Operators [PADPAO] v. Commission


on Elections, G.R. No. 223505, October 3, 2017
The Provincial Bus Operators Association of the Philippines v. Department of Labor and
Employment, G.R. No. 202275, July 17, 2018
Shuley Mine, Inc. DENR, G.R. No. 214923, August 28, 2019

Contract
Law
Obligation
Impairment
Limitations

Chapter 15 – EX POST FACTO LAWS

Ex Post Facto Law


People v. Mejares, G.R. No. 225735, January 10, 2018
Rivac v. People, G.R. No. 224673, January 22, 2018

10
Venezuela v. People, G.R. No. 205693, February 14, 2018
Presidential Commission on Good Government v. Gutierrez, G. R. No.
189800, July 9, 2018
Inmates of the New Bilibid Prison v. de Lima, G.R. No. 212719, June 25,
2019
Kinds
Characteristics

Bill of Attainder
Characteristics

Chapter 16 – NON-IMPRISONMENT FOR DEBT

Melgar v. People, G.R. No. 223477, February 14, 2018


Cabral v. Bracamonte, G.R. No. 233174, January 23, 2019
Reyes v. People, G.R. No. 232678, July 3, 2019

Debt
Crime
Poll Tax

Chapter 17 – INVOLUNTARY SERVITUDE

Definition
Exceptions
Application

Chapter 18 – THE WRIT OF HABEAS CORPUS

Lagman v. Senate President, G.R. No. 235935, February 6, 2018

When Available
Osorio v. Navera, G.R. No. 223272, February 26, 2018
Agcaoili v. Fariñas, G.R. No. 232395, July 3, 2018
Masbate v. Relucio, G.R. No. 235498, July 30, 2018
In Re: The Writ of Habeas Corpus for Michael Labrador Abellana, G.R.
No. 232006, July 10, 2019
Procedure
Grounds for Suspension
The Ilagan Case
Writ of Amaparo

Chapter 19 – SPEEDY DISPOSITION OF CASES

Remulla v. Maliksi, G.R. No. 218040, April 17, 2017


Development Bank of the Philippines v. Commission on Audit, G.R. No. 216538; Antonio
v. Commission on Audit, G.R. No. 216954, April 18, 2017
People v. Macasaet, G.R. Nos. 196094/196720, March 5, 2018
People v. Sandiganbayan, G.R. Nos. 232197-98, April 16, 2018
Chavez v. Marcos, G.R. No. 185484, June 27, 2018
Magante v. Sandiganbayan, G.R. Nos. 230950-51, July 23, 2018
Cagang v. Sandiganbayan, G.R. Nos. 206438, 206458 & 210141-42, July 31, 2018

11
Escobar v. People, G.R. Nos. 228349 and 228353, September 19, 2018
Salcedo v. Sandiganbayan, G.R. Nos. 223869-960, February 13, 2019; see also People v.
Sandiganbayan, G.R. Nos. 233557-67, June 19, 2019
People v. Sandiganbayan [5th Division], G.R. No. 233063, February 11, 2019
Park v. Choi, G.R. No. 220826, March 27, 2019
Revuelta v. People, G.R. No. 237039, June 10, 2019
People v. Sandiganbayan, G.R. Nos. 233557-67, June 19, 2019
Bautista v. Sandiganbayan, G.R. Nos. 238579-80, July 24, 2019
Binay v. Office of the Ombudsman, G.R. No. 213957-58, August 7, 2019
People v. Sandiganbayan [1st Division], G.R. No. 229656, August 19, 2019
People v. Sandiganbayan, G.R. No. 232737, October 2, 2019

Chapter 20 – RIGHTS OF THE ACCUSED

Criminal Due Process


Labay v. Sandiganbayan, G.R. Nos. 235937-40, July 23, 2018
Facilities, Incorporated v. Lopez, G.R. No. 208642, February 7, 2018
Philippine Deposit Insurance Corporation v. Gidwani, G.R. No. 234616, June 20,
2018
Home Development Mutual Fund [HDMF] Pag-Ibig Fund v. Sagun, G.R. No.
205698, July 31, 2018
Estrada v. Office of the Ombudsman, G.R. Nos. 212761-62/G.R. Nos. 213473-
74/G.R. Nos. 213538-39, July 31, 2018

Self-Incrimination
Scope
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501, January 22,
2018
Fajardo v. People, G.R. No. 239823, September 25, 2019

When Available
Waiver

Custodial Investigation
People v. Golidan, G.R. No. 205307, January 11, 2018
People v. Paris and Fernandez, G.R. No. 218130, February 14, 2018
People v. Manzanero, G.R. No. 216065, April 18, 2018
Managuelod v. People, G.R. No. 208114, October 3, 2018
Porteria v. People, G.R. No. 233777, March 20, 2019
People v. Mabalato, G.R. No. 227195, July 29, 2019

Bail
Napoles v. Sandiganbayan, G.R. No. 224162, February 6, 2018
Altobano-Ruiz v. Pichay, A.M. No. MTJ-17-1893 [Formerly OCA LP.I. No. 15-
2773-MTJ], February 19, 2018
Extra Excel International Philippines, Inc. v. Cajigal, G.R. No. A.M. No. RTJ-18-
2523, June 6, 2018
Rodriguez v. Noel, A.M. No. RTJ-18-2525, June 25, 2018
Revilla v. Sandiganbayan, G.R. No. 218232, July 24, 2018
Recto v. People, G.R. No. 236461, December 5, 2018
Salcedo v. Sandiganbayan, G.R. Nos. 223869-960, February 13, 2019
Padua and Pimentel v. People, G.R. No. 220913, February 4, 2019

12
People v. Tanes, G.R. No. 240596, April 3, 2019

Presumption of Innocence
People v. Hilario, G.R. No. 210610, January 11, 2018
People v. Zaragoza, G.R. No. 223142, January 17, 2018
People v. Amarela, G.R. Nos. 225642-43, January 17, 2018
People v. Ramirez and Lachica, G.R. No. 225690, January 17, 2018
People v. de Guzman, G.R. No. 219955, February 5 2018
Gonzalez v. People, G.R. No. 225709, February 14, 2018
People v. Alboka, G.R. No. 212195, February 21, 2018
People v. Luna, G.R. No. 219164, March 21, 2018; see People v. Supat, G.R. No.
217027, June 6, 2018; see also People v. Patricio, G.R. No.202129, July 23,
2018
People v. Calates, G.R. No. 214759, April 4, 2018
People v. Mola, G.R. No. 226481, April 18, 2018
People v. Callejo, G.R. No. 227427, June 6, 2018
People v. San Jose, G.R. No. 179148, July 23, 2018
People v. Abdula, G.R. No. 212192, November 21, 2018
People v. Gumban, G.R. No. 224210, January 23, 2019
People v. Molde, G.R. No. 228262, January 21, 2019
People v. Ameril, G.R. No. 222192, March 13, 2019
People v. Briones, G.R. No. 239077, March 20, 2019
Constantino v. People, G.R. No. 225696, April 8, 2019
People v. Padilla, G.R. No. 234947, June 19, 2019
People v. Dela Cruz, G.R. No. 229053, July 17, 2019
De Guzman v. People, G.R. No. 240475, July 24, 2019
People v. Omamos, G.R. No. 223036, July 10, 2019; see also People v.
Galuken, G.R. No. 216754, July 17, 2019
Polangcos v. People, G.R. No. 239866, September 11, 2019
People v. Ordiz, G.R. No. 206767, September 11, 2019

Right to Be Heard

Assistance of Counsel

Nature and Cause of Accusation


People v. Bejim, G.R. No. 208835, January 19, 2018
People v. Dagsa, G.R. No. 219889, January 29, 2018
People v. Bongos, G.R. No. 227698, January 31, 2018
People v. Galicia, G.R. No. 218402, February 14, 2018
People v. Nuyte, G.R. No. 219111, March 12, 2018
People v. PO1 Johnny K. Sullano, G.R. No. 228373, March 12, 2018
People v. XXX, G.R. 229860, March 21, 2018
People v. Urmaza, G.R. No. 219957, April 4, 2018
People v. Aquino, G.R. No. 203435, April 11, 2018
People v. Ejercito, G.R. No. 229861, July 2, 2018
Osorio v. People, G.R. No. 207711, July 2, 2018
People v. Quiapo, G.R. No. 218804, August 6, 2018
Corpus v. Judge Pamular, G.R. No. 186403, September 5, 2018
Saldua v. People, G.R. No. 210920, December 10, 2018
People v. Adajar, G.R. No. 231306, June 17, 2019
Posadas v. Court of Appeals, G.R. No. 228223, June 10, 2019

13
Reyes v. People, G.R. No. 232678, July 3, 2019
Santiago v. People, G.R. No. 213760, July 1, 2019
People v. Cubay, G.R. No. 224597, July 29, 2019
People v. Solar, G.R. No. 225595, August 6, 2019
Musa v. People, G.R. No. 242132, September 25, 2019
People v. Eulalio, G.R. No. 214882, October 16, 2019
Co v. People, G.R. No. 233015, October 16, 2019

The Trial
People v. Macasaet, G.R. Nos. 196094/196720, March 5, 2018
People v. Domingo, G.R. No. 204895, March 21, 2018
Villa v. Fernandez, G.R. No. 219548, October 17, 2018
Office of the Court Administrator v. Judge Dumayas, A.M. No. RTJ-15-2435,
March 6, 2018
Anonymous v. Judge Buyucan, A.M. No. MTJ-16-1879, July 24, 2018

Trial in Absentia

The Right of Confrontation


People v. Dominguez, G.R. No. 229420, February 19, 2018
Kim Liong v. People, G.R. No. 200630, June 4, 2018
People v. Badillos, G.R. No. 215732, June 6, 2018

Compulsory Process
Prohibited Punishments
People v. Alapan, G.R. No. 199527, January 10, 2018
Punongbayan-Visitacio v. People, G.R. No. 194214, January 10, 2018
People v. Reyes, G.R. No. 224498, January 11, 2018
Republic v. N. de la Merced & Sons, Inc., G.R. No. 201501, January 22, 2018
People v. Bauit, G.R. No. 223102, February 14, 2018
People v. Jaime, G.R. No. 225332, July 23, 2018
In re: Correction/Adjustment of Penalty Pursuant to Republic Act No. 10951, in
relation to Hernan v. Sandiganbayan, G.R. No. 237721, July 31, 2018; see
also Samuel Saganib, Petitioner, G.R. No. 240347, August 14, 2018;
Emalyn Montillano, Petitioner, G.R. No. 240563, August 14, 2018

Double Jeopardy
Yumul-Espina v. Tabaquero, A.C. No. 11238, September 21, 2016
Corpus v. Judge Pamular, G.R. No. 186403, September 5, 2018
People v. Ting, G.R. No. 221505, December 5, 2018
People v. Acosta, G.R. No. 238865, January 28, 2019; Trinidad v. People, G.R. No.
239957, February 18, 2019

Requisites
Complaint or Information
Ongkiko v. Sugiyama, G.R. No. 217787, September 18, 2019

Competent Court
Office of the Court Administrator v. Judge Salvador, A.M. No.
RTJ-19-2562 [Formerly A.M. No. 18-10-234-RTC], July 2,
2019

14
Valid Plea
AAA v. BBB, G.R. No. 212448, January 11, 2018

Termination of Case
People v. Patricio, G.R. No.202129, July 23, 2018
People v. Alvaro, G.R. No. 225596, January 10, 2018
People v. Alejandro, G.R. No. 223099, January 11, 2018
Rivac v. People, G.R. No. 224673, January 22, 2018
Napoles v. Sandiganbayan, G.R. No. 224162, February 6, 2018
People v. PO1 Johnny K. Sullano, G.R. No. 228373, March 12, 2018
People v. Domingo, G.R. No. 204895, March 21, 2018
People v. Sandiganbayan, G.R. Nos. 228494-96, March 21, 2018
People v. Sandiganbayan, G.R. Nos. 232197-98, December 5, 2018
People v. Palema, G.R. No. 228000, July 10, 2019
People v. Garcia, G.R. No. 230983, September 4, 2019

Appeal of Prosecution
Bowden v. Bowden, G.R. No. 228739, July 17, 2019
BDO Unibank v. Pua, G.R. No. 230923, July 8, 2019,
People v. Sandiganbayan, G.R. Nos. 233280-92,
September 18, 2019

Crimes Covered
Doctrine of Supervening Event
Inseparable Offenses
People v. Udang, G.R. No. 210161, January 10,
2018
Batac v. People, G.R. No. 191622, June 6, 2018
Rural Bank of Mabitac, Laguna, Inc. v. Canicon,
G.R. No. 196015, June 27, 2018
People v. Jaime, G.R. No. 225332, July 23, 2018
Ambangan v. People, G.R. Nos. 233443-44,
November 28, 2018

Act Violating Law and Ordinance

Chapter 21 – FREE ACCESS TO COURTS

Chapter 22 – CITIZENS OF THE PHILIPPINES

Citizens of the Philippines


Sy v. Sandiganbayan, G.R. No. 237703, October 3, 2018

Citizenship under the 1935 Constitution


Children of Filipino Parents
Election of Philippine Citizenship
Naturalization
Procedure
Republic v. Go Pei Hung, G.R. No. 212785, April 4, 2018

Effects

15
Revocation
Mixed Marriages
Loss and Reacquisition of Citizenship
Natural-born Citizens
Dual Allegiance – RA 9225 [Dual Citizenship]

SUFFRAGE

Carlo L. Cruz

16

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