LEGAL ENGLISH 1 o Customs search or seizure of goods concealed to avoid duties

Doctrine
 Stop and Frisk
CJ IVANNE DICHOSO REVIEWER o A limited protective search of outer clothing for weapons
CONSTI LAW  Exigent and Emergency Circumstances
o A permission granted for officers to enter a house to look for
ARTICLE III rebel soldiers does not include permission for a room to
room search for firearms.

Bill of Rights
SECTION 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of
the laws.
 no deprivation of life, liberty, or property without due process
 civil and political rights
Warrantless Arrests under Rule 113, Section 5, Rules of Court:
1. When, in his presence, the person to be arrested has committed, is
actually committing, or attempting to commit an offense
2. When an offense has in fact been committed, and he has
personal knowledge of facts indicating that the person to be
arrested has committed it
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case
is pending, or has escaped while being transferred from one
confinement to another

 generally self- implementing SECTION 3. (1) The privacy of communication and correspondence shall be
 right to a fair legal process inviolable except upon lawful order of the court, or when public safety or
 everyone is equally protected. order requires otherwise as prescribed by law.
Rights protected by the Bill of Rights
 Right to Life - is the right to a good life. (2) Any evidence obtained in violation of this or the preceding section shall
 Right to Property- includes all kinds of property found in the Civil be inadmissible for any purpose in any proceeding.
Code. It also includes the right to work and the right to earn a
living.
Evidence obtained unlawfully is inadmissible. This protects the privacy of
 Right to Liberty- Only those authorized by law may bear arms.
personal communications, but allows exceptions for court-ordered
surveillance and in emergencies.
human rights> property rights
No right is absolute
Anti-Wiretapping Law – penalized unconsented recording/illegally obtained
SECTION 2. The right of the people to be secure in their persons, houses, recordings
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
SECTION 4. No law shall be passed abridging the freedom of speech, of
warrant or warrant of arrest shall issue except upon probable cause to be
expression, or of the press, or the right of the people peaceably to assemble
determined personally by the judge after examination under oath or
and petition the government for redress of grievances.
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized. No law limiting freedom of speech, expression, press, or the right to assemble
and petition the government.
 Protection against unreasonable searches and seizures.
whether oral, written, tape or disc recorded. It also includes movie as well as
what is referred to as symbolic speech such as the wearing of an arm band as
 Search warrant - issued by a judge.
a symbol of protest. Peaceful picketing

o with “probable cause”

This safeguards fundamental freedoms critical to a democratic society,
promoting open discourse and the right to protest.
o with specific description of the place to be searched and the
person or things to be seized
Prohibition of Prior Restraint
-restrictions on the press or other forms of expression in
Allowable warrantless searches:
Licensing System by Executive Officer
 Warrantless search to a lawful arrest
a. press censorship
o The item to be searched was within the arrestee’s custody or
b. movie censorship
area of immediate control
c. judicial prior restraint
o The search was at the same period with the arrest
 “plain view” Exceptions:
o A prior valid intrusion into a place Libel
o The evidence was inadvertently discovered by the police who Defamation
had the right to be where they are Slander
o The legality of the evidence must be immediately apparent
o noticed without further search
SECTION 5. No law shall be made respecting an establishment of religion,
 moving vehicle
or prohibiting the free exercise thereof. The free exercise and enjoyment of
o Highly regulated due to inherent mobility. With suspicion
religious profession and worship, without discrimination or preference,
that the occupant committed a criminal activity.
shall forever be allowed. No religious test shall be required for the exercise
 Consented warrantless search
of civil or political rights.
o Allowed by person to be searched
No law respecting or prohibiting religion. Free exercise of religion without
discrimination. No religious test for civil or political rights.This ensures
religious freedom and prevents government interference in matters of faith.
Principal parts of Section 5:
1. The non-establishment clause—prohibits the establishment of any
religion
2. The free exercise clause—guarantees the free exercise of religion
SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by
law.
Liberty of abode and travel can only be restricted by lawful court order or for
national security, public safety, or public health as defined by law.This
balances personal freedom with the government's interest in safeguarding
national interests and public welfare.
Liberties guaranteed by Section 6
1. Liberty of Abode—Freedom to choose and change one’s place of
abode
2. Right to Travel—Freedom to travel both within the country and
outside
Impairment of the 2 liberties
1. Liberty of abode—upon lawful order of the court and within the
limits prescribed by law
2. Right to travel—by administrative authorities such as passport
officers, in the interest of national security, public safety, or
public health and as may be provided by law
SECTION 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents,
and papers pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Right to access government information, subject to legal limitations. This
promotes transparency in government actions and provides citizens access to
information.
Rights guaranteed
1. Right to information on matters of public concern
2. The corollary right of access to official records and documents
Limitations
1. National security matters—state secrets regarding military,
diplomatic and other national security, and information on inter-
government exchanges prior to the conclusion of treaties and
executive agreements. Where there is no need to protect state
secrets, the privilege cannot still be invoked, provided that they
are examined in “strict confidence” and given “scrupulous
protection”
2. Trade secrets and banking transactions—pursuant to Intellectual
Property Code, Secrecy of Bank Deposits Act, and other related
laws
3. Criminal matters
4. Other confidential matters—diplomatic correspondence, closed
door Cabinet meetings and executive sessions of Congress, and
the internal deliberations of the SC. Chavez v. President
Commission on Good Government
SECTION 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged.
Right to form unions, associations, or societies for lawful purposes.This
guarantees the right to organize for common goals, such as labor unions,
within legal boundaries.
SECTION 9. Private property shall not be taken for public use without just
compensation.
Private property cannot be taken for public use without just
compensation.This protects property rights by ensuring fair compensation
when the government acquires private property.
Power of Eminent Domain
The ultimate right of the sovereign power to appropriate, not only the
public, but even the private property of all citizens within the territorial
sovereignty, to public purposes. Charles River Bridge v. Warren Bridge
Elements of the exercise of the power of eminent domain
1. There is “taking” of private property
2. The taking must be for “public use”
3. There must be “just compensation”
Circumstances which need to concur to constitute “taking”
1. The expropriator must enter upon the private property
2. The entrance must not be for a momentary period, that is, the
entrance must be permanent
3. The entry must be under warrant or color of legal authority
4. The property must be devoted to public use or otherwise informally
appropriated or injuriously affected
5. The utilization of the property must be in such a way
as to oust the owner and deprive him of all beneficial
enjoyment of the property
SECTION 10. No law impairing the obligation of contracts shall be passed.
Laws cannot impair the obligation of contracts.This ensures that agreements
between parties remain binding and enforceable under the law.
SETION 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Access to courts and legal assistance cannot be denied due to poverty. This
guarantees equal access to justice by providing legal assistance to those who
cannot afford it.
Such as low paid employees, domestic servants and laborers and indigent.
“Indigent” persons
Persons who have no property or sources of income sufficient for their
support aside from their own labor through self- supporting when able to
work and in employment. Cabangis v. Almeda Lopez
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of 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 must be provided with
one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture
or similar practices, and their families.
Rights of persons under investigation: right to remain silent, right to counsel,
protection from torture, and inadmissibility of evidence obtained unlawfully.
These provisions protect the rights of individuals during criminal
investigations, ensuring a fair and just process
Rights of a person under investigation
1. Right to remain silent
2. Right to competent and independent counsel preferably of his own
choice
3. The right to be informed of such rights
Valid waiver of rights
1. Must be made in writing; and
2. In the presence of a counsel
SECTION 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
Right to bail for all except those charged with severe offenses, excessive bail
is prohibited.This provision upholds the presumption of innocence and limits
the financial burden on individuals awaiting trial.
Persons charged with terrorism may be denied bail due to the severity of the
offense and the potential risk they pose.
Bail- A mode short of confinement which would, with reasonable certainty,
insure the attendance of the accused at his trial. Usually takes form of a
deposit of money or its equivalent as a guarantee if such attendance and
which deposit is forfeited upon failure to appear
Reason for the award of bail to the accused
1. Honor the presumption of innocence until his guilt is proven beyond
reasonable doubt
2. Enable him to prepare his defense without being subject to
punishment prior to conviction
Persons who have a constitutional right to bail
General Rule: Available to all persons actually detained
Exception:
1. Those charged with an offense punishable by reclusion perpetua, and
2. The evidence against him is strong
When can the lost of the right to bail be determined?
Only after hearing, since it is based on the nature of the offense and the
quantum of evidence against him
SECTION 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
Rights of the accused: due process, presumption of innocence, right to
counsel, right to a fair and speedy trial, and the right to confront
witnesses.These rights ensure a fair trial and protect the accused from
wrongful conviction.
In rare circumstances, a trial may proceed in the absence of the accused if
their failure to appear is unjustifiable.
Elements of the right to be heard
1. The right to be present at the trial
2. The right to counsel
3. The right to an impartial judge
4. The right of confrontation
5. The right to compulsory process to secure the attendance of witnesses
Conditions for waiver of the right to be present at the trial
1. After arraignment, he may be compelled to appear for
the purpose of identification by the witnesses of the
prosecution
2. Provided he unqualifiedly admits in open court after his
arraignment that he is the person named as the defendant in the
case on trial
Requisites of a valid trial in absentia
1. The accused has already been arraigned
2. He has been duly notified of the trial; and
3. His failure to appear is unjustifiable
Reason for allowing trial in absentia- To speed up the disposition of criminal
cases
Duties of the trial judge at the pre-arraignment
1. Inform the accused that he has a right to a counsel before
arraignment
2. Ask the accused if he desires the aid of counsel
3. If the accused desires counsel, but cannot afford one, a counsel de
oficio must be appointed
4. If the accused desires to obtain his own counsel, the court must give
him a reasonable time to get one
Purpose of the Right to be informed
1. To enable the accused to make his defense based on the description of
the charge against him
2. To avail himself of his conviction or acquittal for protection against a
further prosecution for the same cause
3. To inform the court of the facts alleged, so that it may
decide whether they are sufficient in law to support a
conviction, if one should be had
.
Factors to consider if the right to speedy trial has been violated
1. Length of the delay
2. Reason of the delay
3. Effort of the defendant to assert his right
4. Prejudice caused to the defendant
Remedy for violation of the right to speedy trial
The accused is entitled to dismissal of the case through mandamus, and, if
he is under detention, to release by habeas corpus. Dismissal here is
equivalent to an acquittal and is a bar to another prosecution for the same
offense.
SECTION 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.
Privilege Habeas corpus - right to have an immediate determination of the
legality of the deprivation of physical liberty
Habeas corpus privilege cannot be suspended except during invasion or
rebellion when public safety requires it. This protects the right to challenge
unlawful detention except in cases of extreme national emergency. It can
only be suspended by the President of the State.
During a large-scale terrorist attack, the government may temporarily
suspend habeas corpus to swiftly detain and investigate suspected
individuals.
SECTION 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Right to a speedy disposition of cases before all judicial, quasi-judicial, or
administrative bodies. This ensures timely justice by preventing prolonged
delays in legal proceedings.
However, Complex cases, such as those involving international disputes, may
naturally take longer to resolve.
SECTION 17. No person shall be compelled to be a witness against himself.
No person shall be compelled to be a witness against themselves.This
prevents self-incrimination and protects the right against compelled
testimony.
While a person cannot be compelled to testify against themselves, they can
still be a witness in other capacities, such as providing an alibi.
Only applies to natural persons
Purpose of the guarantee against self-incrimination
a. Public policy—because if the party were required to testify, it would
place the witness under the strongest temptation to commit the
crime of perjury; and
b. Humanity—because it would prevent the extorting of confessions by
duress.
SECTION 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
Prohibition of detention based solely on political beliefs .This prevents
political persecution and bans forced labor, except as a legal punishment.
Exceptions to involuntary servitude
1. Imposed as a punishment for a crime whereof the party shall have
been duly convicted
2. In the interest of national defense, all citizens may be compelled by
law to render personal military or civil service
3. A return-to-work order
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Prohibition of excessive fines and cruel punishment. Death penalty only for
heinous crimes, if provided by Congress. This ensures proportionate
punishment and restricts the death penalty to the most serious crimes.
tho Congress may pass a law reinstating the death penalty for acts of
terrorism deemed heinous enough to warrant it.
Effects of RA 9346
a. It disallows imposition of the death penalty
b. The review of death sentences first by the CA and next by the SC is
now automatic and mandatory
c. It may not be waived by the court nor by the accused
d. But review of reclusion perpetua may be waived
Effect of the abolition of death penalty on application of penal laws It is
reduced to reclusion perpetua.
It is reduced to only two grades, and not under the three-grade-scheme,
since the language of the provision does not abolish the death penalty but
merely prohibits its imposition.
Requirement for the restoration of the death penalty
1. It must be based on compelling reasons involving heinous crimes
2. The Congress must define or describe what is meant by heinous crimes
3. That Congress specify and penalize by death only crimes that qualify
as heinous in accordance with its definition
Heinous crimes (RA 7659)
Crimes are heinous for being grievous, odious and hateful offenses and
which, by reason of their inherent or manifest wickedness, viciousness,
atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and ordered
society.
SECTION 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
No imprisonment for debt or non-payment of a poll tax. This prevents
individuals from being imprisoned solely for their inability to pay debts or
taxes.
Tho an individual may still be imprisoned for
1.failing to pay a court-ordered fine related to a criminal offense.
2. imprisoned as a penalty for a crime arising from a contractual debt and
imposed in a proper criminal proceeding, it is referred to as fraudulent debt.
SECTION 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Protection against double jeopardy. Acquittal or conviction under one law or
ordinance bars further prosecution for the same act.This prevents individuals
from being tried multiple times for the same offense.
Requisites for a valid defense of double jeopardy
1. A first jeopardy must have attached prior to the second
2. The first jeopardy must have terminated
3. The second jeopardy must be for the same offense as that in the first
Jeopardy attaches
1. Upon a good indictment or under a complaint or information sufficient
in form and substance to sustain a conviction
2. Before a competent court
3. After arraignment
4. After a valid plea
First jeopardy terminates
1. By acquittal
2. By final conviction
3. By dismissal without express consent of the accused
4. By “dismissal” on the merits
Exceptions to the general rule that dismissal or termination of the case after
 arraignment and plea to a valid information shall be a bar to another
prosecution (no double jeopardy)
1. If the dismissal is made upon motion, or with the express consent, of
the defendant/accused
2. The dismissal is not an acquittal or based upon consideration of the
evidence or of the merits of the case

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

Prohibition of ex post facto laws and bills of attainder. This prevents the
retroactive application of laws to the detriment of individuals, hence,
Congress cannot pass a law criminalizing an act and then retroactively punish
someone who committed the act before the law was enacted.

It only prohibits retrospectivity of penal laws, unless such law may be

favorable to the accused then it can have retroactive effect

Bill of Attainder
A legislative act which inflicts punishment without judicial trial