ARTICLE III

BILL OF RIGHTS
1. Civil Rights rights appertaining to a person by virtue of his
citizenship in a state or community
2. Political Rights right to participate, directly or indirectly, in
the establishment or administration of government
Section 1. No peson shall !e "epive" o# li#e$ li!et%$ o
popet% &itho't "'e pocess o# la&$ no shall an% peson
!e "enie" the e('al potection o# the la&s.
Notes
)*E PROCESS
Li#e + right of an individual to his body in its completeness, free
from dismemberment, and extends to the use of God-given
faculties which mae life en!oyable
Li!et% + right to be free from arbitrary personal restraint or
servitude
Popet% + anything that can come under the right of ownership
and be the sub!ect of contract

Aspects o# )'e Pocess
1. "ubstantive #ue $rocess serves as a restriction on the law
and rule-maing powers of the government
%e&uisites
1. 'he interests of the public, in general, re&uire the
intervention of the "tate
2. 'he means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive
on individuals
2. $rocedural #ue $rocess serves as a restriction on actions of
!udicial and &uasi-!udicial agencies of government
%e&uisites
1. (n impartial court or tribunal clothed with !udicial power
to hear and determine the matter before it.
2. )urisdiction must be lawfully ac&uired over the person of
the defendant and over the property of the defendant and
over the property which is the sub!ect matter of the
proceeding.
*. 'he defendant must be given an opportunity to be heard.
+. )udgment must be rendered upon lawful hearing.
#ue $rocess %e&uirements in (dministrative ,ases -(ng 'ibay v.
,.%/
E,*AL PROTECTION CLA*SE
E('al Potection + (ll persons or things similarly situated should
be treated alie, both as to rights conferred and responsibility
imposed.
Scope o# E('alit%
1. 0conomic
2. $olitical
*. "ocial
-ali" Classi.cation + $ersons or things ostensibly similarly
situated may, nonetheless, be treated di1erently if there is a basis
for valid classi2cation
Re('isites
1. "ubstantial distinctions which mae for real di1erences
2. Germane to the purpose of the law
*. 3ot limited to existing conditions only
+. 4ust apply e&ually to all members of the same class
Section /. The ight o# the people to !e sec'e in thei
pesons$
ho'ses$
papes$ an"
e0ects
against unreasonable seaches an" sei1'es o# &hateve
nat'e an" #o an% p'pose shall !e inviola!le$ an" no
seach &aant o &aant o# aest shall iss'e E2CEPT
'pon po!a!le ca'se
to !e "ete3ine" pesonall% !% the 4'"ge
a#te e5a3ination 'n"e oath o a63ation o# the
co3plainant an" the &itnesses he 3a% po"'ce$ an"
patic'lal% "esci!ing the place to !e seache" an"
the pesons o things to !e sei1e".
Notes
Seach 7aant
Po!a!le Ca'se in Seach 7aant + such facts and
circumstances which would lead a reasonably discreet and
prudent man to believe that
an o1ense has been committed and
that the ob!ects sought in connection with the ofense are in
the place sought to be searched
Re('isites #o Iss'ing a Seach 7aant (Sec. 4 and 5):
1. there must be probable cause
2. the search warrant must be in connection with one speci2c
o1ense
*. he must personally examine in the form of searching
&uestions and answers the complainant and the witnesses
he may produce
+. the examination must be under oath or a5rmation, and in
writing -written deposition/
6. the complainant and the witness must produce7 testify on
facts personally nown to them
8. the sworn statements and a5davits must be attached to the
record
9. the search warrant must particularly describe the place to
be searched and the things to be seized which may be
anywhere in the $hilippines
:. .t must not have been issued more than 1; days prior to the
search made pursuant thereto
Popeties s'!4ect to sei1'e 8Sec. /$ R'le 1/9:
1. "ub!ect of the o1ense
2. "tolen or embezzled property and other proceeds or fruits of
the o1ense
*. $roperty used or intended to be used as means for the
commission of an o1ense
General Rule: A search must be accompanied by a search warrant.
Exceptions:
Warrantless searches and seizures:
1. Warrantless search incidental to a lawful arrest
The item to be searched was within the arrestees custody or area of immediate control
The search was contemporaneous with the arrest
Remember that the arrest must be lawful!
2. Seizure of eidence in plain iew
A prior alid intrusion based on the alid warrrantless arrest in which the police are le!ally present
in the pursuit of their official duties (the intrusion must be lawful)
The eidence was inadertently discoered by the police who had a ri!ht to be where they are
The eidence must immediately apparent
"lain iew #ustified mere seizure of eidence without further search (Padilla v. CA)
$. Search of a moin! ehicle
When officers hae a reasonable or probable cause to beliee% before the search% that motorist is a law&
offender% or the contents of the ehicle are or hae been instruments of an offense (Padilla v. CA)
A warrantless search of a moin! ehicle is #ustified on the !round that it is not practicable to secure a
warrant because the ehicle can be 'uic(ly moed out of the locality or #urisdiction in which it must be
sou!ht. "robable cause% neertheless% is re'uired.
). *onsented warrantless search
+. *ustoms search
,. Stop and fris(
Test: Where a police officer obseres unusual conduct which leads him reasonably to conclude in li!ht
of his e-perience that criminal actiity may be afoot and that the persons with whom he is dealin! may
be armed and presently dan!erous% he is entitled for the protection of himself and others in the area to
conduct a carefully limited search of the outer clothin! of such persons in an attempt to discoer
weapons which mi!ht be used to assault him.
.. /-i!ent and emer!ency circumstances
7aant o# Aest
Probable Cause in Issuing a Warrant of Arrest (udge! " probable cause is the e-istence of such facts and
circumstances as would e-cite the belief% in a reasonable mind% actin! on the facts within the (nowled!e of the
prosecutor% that the person char!ed was !uilty of the crime for which he was prosecuted.
Probable Cause (prosecutor! " whether there is reasonable !round to beliee that the accused is !uilty of the
offense char!ed and should be held for trial
to be determined personally by the judge
.t is su5cient that the !udge should personally evaluate the
report and supporting documents submitted by the
prosecution in determining probable cause.
.n cases when it is the !udge who himself conducts the
preliminary investigation, for him to issue a warrant of arrest, the
investigating !udge must
1. <ave examined, under oath and in writing, the complainant
and his witnesses
2. =e satis2ed that there is probable cause, and
*. 'hat there is a need to place the respondent under
immediate custody in order not to frustrate the ends of
!ustice
Arrest " Arrest is the ta(in! of a person into custody in order that he may be bound to answer for the commission of
an offense. (Sec. 1)
An arrest is #ade b$:
1. an actual restraint of the person to be arrested
2. by his submission to the custody of the person ma(in! the arrest (Sec. 2)
Warrantless Arrest
Sec. 5. Arrest without warrant; when lawful. A peace officer or a private
person may, without a warrant, arrest a person: (Memorize verbatim!)
(a) When, in his presence, the person to be arrested has
committed, is actually committin, or is attemptin to commit an
offense!
(b) When an offense has "ust been committed and he has probable
cause to believe based on personal #nowlede of facts or
circumstances that the person to be arrested has committed it! and
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is servin final
"udment or is temporarily confined while his case is pendin, or
has escaped while bein transferred from one confinement to
another$
%n cases fallin under pararaphs (a) and (b) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police station
or "ail and shall be proceeded aainst in accordance with section & of 'ule
(()$
Probable cause in %arrantless arrest 0 a reasonable !round for suspicion supported by circumstances sufficiently
stron! in themseles as to warrant a reasonable man in beliein! the accused to be !uilty
T%o &tandards in 'eter#ining Personal (no%ledge:
1. actual belief
2. reasonable !rounds of suspicion 0 reasonable when% in the absence of actual belief of the arrestin! officers%
the suspicion that the person to be arrested is probably !uilty of committin! the offense is based on actual
facts
"robable cause is an actual belief or reasonable !rounds of suspicion. The !rounds of suspicion are reasonable when%
in the absence of actual belief of the arrestin! officers% the suspicion that the person to be arrested is probably !uilty
of committin! the offense is based on actual facts% i.e.% supported by circumstances sufficiently stron! in themseles
to create the probable cause of !uilt of the person to be arrested. A reasonable suspicion therefore must be founded
on probable causes coupled with good faith of the peace officers ma(in! the arrest. (People v. Tudtud)
Section ;.
81: The pivac% o# co33'nication an" coespon"ence
shall !e inviola!le
E2CEPT
'pon la&#'l o"e o# the co't$ o
&hen p'!lic sa#et% o o"e e('ies othe&ise$ as
pesci!e" !% la&.
8/: An% evi"ence o!taine" in violation o# this o the
pece"ing section shall !e ina"3issi!le #o an% p'pose in
an% pocee"ing.
Notes
R. A. </==
.n Ramirez v. CA, it was held that %. (. +2;; clearly and
une&uivocally maes it illegal for any person, not authorized by all
the parties to any private communication, to secretly record such
communications by means of a tape recorder.
Section <. No la& shall !e passe" a!i"ging the #ee"o3 o#
speech$ o# e5pession$ o o# the pess$ o the ight o# the
people peacea!l% to asse3!le an" petition the
goven3ent #o e"ess o# gievances.
Notes
Aspects
1. freedom from censorship or prior restraint
2. freedom from subse&uent punishment
freedom from censorship or prior restraint
O>Bien Test
( government regulation is valid if
1. it is within the constitutional power of the government
2. it furthers an important or substantial government interest
*. the governmental interest is unrelated to the suppression of
free expression
+. the incidental restriction on the freedom is no greater than is
essential to the furtherance of that interest
Ove!ea"th )octine + prohibits government from achieving
its purpose by means that sweep unnecessarily broadly, reaching
constitutionally protected as well as unprotected activity
Tests o# vali" goven3ental inte#eence
1. ,lear and $resent #anger %ule whether the words are used
in such circumstances and of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that the "tate has the right to prevent. 'he
substantive evil must be extremely serious and the degree of
imminence extremely high before utterances can be
punished.
2. #angerous 'endency %ule if the words uttered create
dangerous tendency of an evil which the "tate has the right
to prevent, then such words are punishable
*. =alancing of .nterests 'est >hen a particular conduct is
regulated in the interest of public order, and the regulation
results in an indirect, conditional or partial abridgment of
speech, the duty of the courts is to determine which of the
two con?icting interests demands the greater protection
under the particular circumstances presented.
freedom from subsequent punishment
1. @ibel - (rt. *6*, %$,
2. Abscenity
Test o# O!scenit% 8?ille v. Cali#onia:
1. >hether the average person, applying contemporary
standards, would 2nd that the wor, taen as a whole,
appeals to the prurient interest
2. >hether the word depicts or describes, in a patently
o1ensive way, sexual conduct speci2cally de2ned by the
applicable state law, and
*. >hether the wor, taen as a whole, lacs serious literary,
artistic, political or scienti2c value
Section @. No la& shall !e 3a"e
especting an esta!lish3ent o# eligion$ o
pohi!iting the #ee e5ecise theeo#.
The #ee e5ecise an" en4o%3ent o# eligio's po#ession
an" &oship$ &itho't "isci3ination o pe#eence$ shall
#oeve !e allo&e". No eligio's test shall !e e('ie" #o
the e5ecise o# civil o political ights.
Notes
NonAEsta!lish3ent Cla'se 8Eveson v. Boa" o# E"'cation:
A the "tate cannot
set up a church,
nor pass laws which aid one religion,
aid all religion or prefer one religion over another,
nor force nor in?uence a person to go to or remain away
from church against his will or force him to profess a belief or
disbelief in any religion
E5ceptions to NonAEsta!lish3ent Cla'se
1. "ec. 2:-*/, (rt. 8 exemption from taxation of properties
actually, directly and exclusively used for religious purposes
2. "ec. +-2/, (rt. 1+ citizenship re&uirement of ownership of
educational institutions, except those established by
religious groups and mission boards
*. "ec. *-*/, (rt. 1+ optional religious instruction in public
elementary and high schools, at the option expressed in
writing by the parents or guardians, religious instruction
taught within regular class hours by instructors designated
or approved by the religious authorities of the religion to
which the children or wards belong, without additional cost
to the Government
+. "ec. 2B-2/, (rt. 8 appropriation allowed where the minister
or ecclesiastic is employed in the armed forces, in a penal
institution, or in a government-owned orphanage or
leprosarium
Ecclesiastical a0ai + one that concerns doctrine, creed or form
of worship of the church, or the adoption and enforcement within
a religious association of needful laws and regulations for the
government of the membership, and the power of excluding from
such associations those deemed unworthy of membership
Co3pelling State Inteest Test
=enevolent neutrality recognizes that government must pursue its
secular goals and interests, but at the same time, strive to uphold
religious liberty to the greatest extent possible within ?exible
constitutional limits. 'hus, although the morality contemplated by
laws is secular, benevolent neutrality could allow for
accommodation of morality based on religion, provided it does not
o1end compelling state interest.
1. >hether the right of respondent to religious freedom has
been burdened
2. 'o ascertain the sincerity of the respondent in her religious
belief
Section 9. The li!et% o# a!o"e an" o# changing the sa3e
&ithin the li3its pesci!e" !% la& shall not !e i3paie"
E2CEPT
'pon la&#'l o"e o# the co't.
Neithe shall the ight to tavel !e i3paie"
E2CEPT
in the inteest o# national security, public safety, or
public health$ as 3a% !e povi"e" !% la&.
Notes
Right to abode
(rt. 1*, Cniversal #eclaration of <uman %ights, and (rt. 12,
,ovenant on ,ivil and $olitical %ights provide that everyone has
the right of freedom of movement and residence within the border
of each "tate.
Right to travel
(rt. 1*-2/, C#<% provides that everyone has the right to leave
any country, including his own, and to return to his country. (rt.
12 -+/, ,,$% provides that n one shall be arbitrarily deprived of
the right to enter his own country.
( lawful order of the court is also a valid restriction on the right to
travel (anotoc v. CA!. "ee also "efensor#$antiago v. %asquez.
"ee arcos v. anglapus.
Section B. The ight o# the people to in#o3ation on
matters of public concern shall !e ecogni1e". Access
to o6cial eco"s$ an"
to "oc'3ents an" papes petaining to o6cial acts$
tansactions$ o "ecisions$ as &ell as to goven3ent
eseach "ata 'se" as !asis #o polic% "evelop3ent$
shall !e a0o"e" the citi1en$
s'!4ect to s'ch li3itations as 3a% !e povi"e" !% la&.
Notes
'he right to information contemplates inclusion of negotiation
leading tot eh consummation of the transaction (Chavez v. &'A
and Amari!.
E5ceptions
1. privileged information
2. information on military and diplomatic secrets
*. information a1ecting national security
+. information on investigations of crimes by law enforcement
agencies before the prosecution of the accused
Section C. The ight o# the people$ including those
employed in the public and private sectors$ to #o3
'nions$ associations$ o societies #o p'poses not
conta% to la& shall not !e a!i"ge".
Notes
'he right to strie is not a part of the freedom of expression and
the right to peaceably assemble and petition the government for
redress of grievances.
Section D. Pivate popet% shall not !e taEen #o p'!lic
'se &itho't 4'st co3pensation.
Section 1=. No la& i3paiing the o!ligation o# contacts
shall !e passe".
Notes
Re('isites
1. the impairment of the obligation of the existing contract
must be substantial
2. the law must e1ect a change in the rights of the parties with
reference to each other, and not with respect to non-parties
(mpairment ) anything that diminishes the e5cacy of the contract
$ubstantial impairment ) when the law changes the terms of a
legal contract between the parties, either in the time or mode of
performance, or imposes new conditions, or dispenses with those
expressed, or authorizes for its satisfaction something di1erent
from that provided in its terms
Li3itations
1. police power
2. eminent domain
*. taxation
Section 11.
Fee access to the co'ts an" ('asiA4'"icial !o"ies
an"
a"e('ate legal assistance
shall not !e "enie" to an% peson !% eason o# povet%.
Section 1/.
81: An% peson 'n"e investigation #o the co33ission o#
an o0ense shall have the ight to !e in#o3e" o# his ight
to e3ain silent an" to have co3petent an" in"epen"ent
co'nsel pe#ea!l% o# his o&n choice. I# the peson cannot
a0o" the sevices o# co'nsel$ he 3'st !e povi"e" &ith
one. These ights cannot !e &aive" e5cept in &iting an"
in the pesence o# co'nsel.
8/: No tot'e$ #oce$ violence$ theat$ inti3i"ation$ o an%
othe 3eans &hich vitiate the #ee &ill shall !e 'se"
against hi3. Secet "etention places$ solita%$
incommunicado$ o othe si3ila #o3s o# "etention ae
pohi!ite".
8;: An% con#ession o a"3ission o!taine" in violation o#
this o Section 1B heeo# shall !e ina"3issi!le in evi"ence
against him.
8<: The la& shall povi"e #o penal an" civil sanctions #o
violations o# this section as &ell as co3pensation to the
eha!ilitation o# victi3s o# tot'e o si3ila pactices$
an" thei #a3ilies.
Notes

'he rights guaranteed in "ec. 12, (rt. * exist only in custodial
investigation. 'he rule begins to operate as soon the investigation
ceases to be a general in&uiry into an unsolved and direction is
then aimed upon a particular suspect who has been taen into
custody and to whom the police would then direct interrogatory
&uestions which tend to elicit incriminating statements.
'he rights guaranteed by this provision refer to testimonial
compulsion only.
%. (. 9+*: -when counsel may be substituted/
.n &eople v. 'spanola* the "upreme ,ourt said that the right to
counsel still applies in certain pre-trial proceedings that are
considered critical stages in the criminal process. ,ustodial
interrogation before or after charges have been 2led and non-
custodial interrogation after the accused has been formally
charged, are considered critical pre-trial stages in the criminal
process.
'wo inds of involuntary or coerced confessions
1. coerced confessions as the product of physical violence and
threats
2. uncounselled statements given without the bene2t of the
4iranda warning
'he right to remain silent and the right to counsel may be waived
but not the right to be informed of these rights.
F'it o# the poisono's tee "octine + once the primary
source is shown to have been unlawfully obtained, any secondary
or derivative evidence derived from it is also inadmissible. 'his
rule is based on the principle that evidence illegally obtained by
the "tate should not be used to gain other evidence, because the
originally illegally obtained evidence taints all evidence
subse&uently obtained.
Section 1;.
All pesons$
E2CEPT those chage" &ith o0enses p'nisha!le !%
reclusion perpetua &hen evi"ence o# g'ilt is stong$
shall$ !e#oe conviction$ !e !aila!le
!% s'6cient s'eties$ o
!e elease" on ecogni1ance as 3a% !e povi"e" !%
la&.
The ight to !ail shall not !e i3paie" even &hen the
pivilege o# the &it o# habeas corpus is s'spen"e".
E5cessive !ail shall not !e e('ie".
Notes
Bail + the security given for the release of a person in custody of
the law, furnished by him or a bondsman, conditioned upon his
appearance before any court as may be re&uired 8R'le 11<$ Sec.
1:
'he right to bail can be availed of only by a person who is in
custody of the law or otherwise deprived of his libety.
Bail, as a matter of right
Bail, when discretionary
Bail, when must be denied
Bail in E5ta"ition Cases
'his ,ourt, in 4e!o1 v. #irector of $risons, in granting bail to a
prospective deportee, held that under the ,onstitution the
principles set forth in the Cniversal #eclaration of <uman %ights
are part of the law of the land. .f bail can be granted in
deportation cases, considering that the C#<% applies to
deportation cases, there is no reason why it cannot be invoed in
extradition cases. (ovt of !" v. #lalia)
.n $uruganan, a new standard, clear and convincing evidence,
should be used in granting bail in extradition cases. 'he standard
is lower than proof beyond reasonable doubt but higher than
preponderance evidence. 'he potential extradite must prove by
clear and convincing evidence that he is not a ?ight ris and will
abide with all the orders and processes of the extradition court.
"ection 1+.
-1/ 3o person shall be held to answer for a criminal o1ense
without due process of law.
-2/ .n all criminal prosecutions, the accused
shall be presumed innocent until the contrary is proved, and
shall en!oy 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.
<owever, after arraignment, trial may proceed notwithstanding
the absence of the accusedD &rovided,
that he has been duly noti2ed and
his failure to appear is un!usti2able.
Notes
Ele3ents o# )'e Pocess
1. the accused has been heard in a court of competent
!urisdiction
2. the accused is proceeded against under the orderly
processes of law
*. the accused has been given notice and opportunity to be
heard
+. the !udgment rendered was within the authority of a
constitutional law
Re('ie3ents &heneve the acc'se" plea"s g'ilt% o# a
capital o0ense
1. the trial court must conduct a searching in&uiry into the
voluntariness of the plea and the full comprehension of the
conse&uences thereof
2. the prosecution shall be re&uired to present evidence to
prove the guilt of the accused and the precise degree of his
culpability
*. the accused must be ased if he desires to present evidence
on his behalf and allow him to do so if he so desires
.n order that circumstantial evidence may warrant conviction, the
following re&uisites must concur
1. there is more than one circumstance
2. the facts from which the inferences are derived are proven
*. the combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt
E('ipoise 'le + applicable where the evidence adduced by the
parties are evenly balanced in which case the constitutional
presumption of innocence should tilt the scales in favor of the
accused
'he right to counsel during the trial is not sub!ect to waiver
because even the most educated man may be convicted not
because he is guilty but because he does not now how to
establish his innocence.
3o valid waiver of the right to remain silent or to counsel can be
made by a person under custodial interrogation without the
assistance of counsel.
Right to !e in#o3e" o# the nat'e an" ca'se o# the
acc'sation against hi3 8Rationale:
1. to furnish the accused with such a description of the charge
against him as will enable him to prepare for his defense
2. to avail himself of his conviction or ac&uittal for protection
against a further prosecution for the same cause
*. to inform the ,ourt of the facts alleged so that it may decide
whether they are su5cient in law to support a conviction
Re('isites
'he information must state
1. the name of the accused
2. the designation given to the o1ense by statute
*. a statement of the acts or omission so complained of as
constituting the o1ense -all the elements/
+. the place where the o1ense had been committed
%oid for %agueness &ule ' 'he accused is also denied the right
to be informed of the charge against him, and to due process as
well, where the statute itself is couched in such inde2nite
language that it is not possible for men of ordinary intelligence to
determine therefrom what acts or omissions are punished. .n such
a case, the law is deemed void.
)i0eent inteests o# the "e#en"ant &hich the ight to
spee"% tial ae "esigne" to potect ae
1. to prevent oppressive pre-trial incarceration
2. to minimize anxiety and concern of the accused
*. to limit the possibility that the defense will be impaired
R. A. C<D; 8The Spee"% Tial Act:
'he arraignment of an accused shall be held within *; days
from 2ling of the information, or from the date the accused
has appeared before the !ustice, !udge or court in which the
charge is pending whichever date last occurs.
>here a plea of not guilty is entered, the accused shall have
at least 16 days to prepare for trial.
'rial shall commence within *; days from arraignment as
2xed by the court.
.n no case shall the entire trial period exceed 1:; days from
the 2rst day of trial, except as otherwise authorized by the
,hief )ustice of the "upreme ,ourt.
Right to co3p'lso% pocess to sec'e the atten"ance o#
&itnesses an" the po"'ction o# evi"ence
(wo "inds of Subpoena
1. "ubpoena ad testi2candum to compel a person to testify
2. "ubpoena duces tecum to compel the production of boos,
records, things or documents therein speci2cied
Requisites
1. 'he boos, documents, or other things re&uested must
appear prima facie relevant to the issue sub!ect of the
controversy -test of relevancy/
2. "uch boos must be reasonably described by the
parties to be readily identi2ed -test of de2niteness/
Tial in A!sentia
'he presence of the accused is mandatory
1. #uring arraignment and plea
2. #uring trial, for identi2cation by the witnesses of the
accused
*. #uring promulgation of sentence, unless for a light o1ense
wherein the accused may appear by counsel or a
representative
"ection 16. 'he privilege of the writ of habeas corpus shall not be
suspended
0E,0$'
in cases of invasion or rebellion, when the public safety
re&uires it.
Notes
7it o# Ha!eas Cop's + a writ issued by a court directed to a
person detaining another, commanding him to produce the body
of the prisoner at a designated time and place, with the day and
cause of his caption and detention to do, to submit to, and to
receive whatever the court or !udge awarding the writ shall
consider in his behalf
'he writ may also be availed of where, as a conse&uence of a
!udicial proceeding
1. there has been deprivation of a constitutional right resulting
in the restraint of the person
2. the court has no !urisdiction to impose the sentence, or
*. an excessive penalty has been imposed, since such sentence
is void as to the excess
Section 1C$ At. 1B. 'he $resident shall be the ,ommander-in-,hief of all armed
forces of the $hilippines and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress
lawless violence,
invasion or
rebellion.
.n case of invasion or rebellion, when the public safety re&uires it, he may, for a
period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or
place the $hilippines or any part thereof under martial law.
>ithin forty-eight hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the $resident shall submit a epot in
person or in writing to the ,ongress.
'he ,ongress, voting 4ointl%, by a vote of at least a ma!ority of all its 4embers in
regular or
special session,
may revoe such proclamation or suspension, which revocation shall not be set
aside by the $resident.
Cpon the initiative of the $resident, the ,ongress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the ,ongress, if
the invasion or rebellion shall persist and
public safety re&uires it.
'he ,ongress, i# not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a
call.
'he "upreme ,ourt may evie&, in an appropriate proceeding 2led by any citizen,
the su5ciency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus or the extension thereof,
and must promulgate its decision thereon within thirty days from its 2ling.
( state of martial law does not
suspend the operation of the ,onstitution,
nor supplant the functioning of the civil courts or legislative assemblies,
nor authorize the conferment of !urisdiction on military courts and agencies
over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ of habeas corpus.
'he suspension of the privilege of the writ of habeas corpus shall apply only to
persons !udicially charged for rebellion or o1enses inherent in, or directly
connected with, invasion.
#uring the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be !udicially charged within three days, otherwise he shall
be released.
"ection 18. (ll persons shall have the right to a speedy disposition
of their cases before all !udicial, &uasi-!udicial, or administrative
bodies.
Notes
'his right is violated only when the proceedings are attended by
vexatious, capricious and oppressive delays.
"ection 19. 3o person shall be compelled to be a witness against
himself.
Notes
Scope o# I33'nit%
1. transactional immunity maes the witness immune from
criminal prosecution for an o1ense to which his compelled
testimony relates
2. use and fruit immunity - prohibits the use of the compelled
testimony and its fruits in any manner in connection with the
criminal prosecution of the witness
+efore the case is ,led and after having been ta-en to custody
the continuing right to remain silent and to counsel, and to
be informed thereof, not to be sub!ected to force, violence,
threat, intimidation or any other means which vitiates the
free will
After the case is ,led
to refuse to be a witness and not to have any pre!udice
whatsoever results to him by such refusal
to testify in his own behalf sub!ect to cross and while
testifying, to refuse to answer a speci2c &uestion the answer
to which tends to incriminate him for some crime other than
that for which he is being prosecuted
"ection 1:.
-1/ 3o person shall be detained solely by reason of his political
beliefs and aspirations.
-2/ 3o involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
Notes
E5ceptions
1. punishment for a crime whereof one has been duly convicted
2. service in defense of the "tate -"ec. +, (rt. 2/
*. naval -merchant marine/ enlistment
+. posse comitatus -C" v. $ompeya/
6. return to wor order n industries a1ected with public interest
8. patria potestas -(rt. *11, ,ivil ,ode/
"ection 1B.
-1/ 0xcessive 2nes shall not be imposed, nor cruel, degrading
or inhuman punishment in?icted. 3either shall death
penalty be imposed,
C3@0"",
for compelling reasons involving heinous crimes, the
,ongress hereafter provides for it.
(ny death penalty already imposed shall be reduced to reclusion
perpetua.
-2/ 'he employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inade&uate penal facilities under subhuman
conditions shall be dealt with by law.
"ection 2;. 3o person shall be imprisoned for
debt or
non-payment of a poll tax.
"ection 21. 3o person shall be twice put in !eopardy of
punishment for the same o1ense. .f an act is punished by a law
and an ordinance, conviction or ac&uittal under either shall
constitute a bar to another prosecution for the same act.
Notes
Re('isites
1. valid complaint or information
2. 2led before a competent court
*. to which the defendant had pleaded
+. defendant was previously ac&uitted or convicted, or the case
dismissed or otherwise terminated without his express
consent
E5ception to )o'!le Feopa"%
where there is a 2nding of mistrial resulting in a denial of
due process because such denial results in loss or lac of
!urisdiction
"ec. :, %ule 119 provides a time bar of
2 years within which the "tate may revive criminal cases
provisionally dismissed with the express consent of the
accused and with a priori notice to the o1ended party, if the
o1ense charged is penalized by more than 8 years
imprisonment and
1 year if the penalty imposable does not exceed 8 years
imprisonment or a 2ne in whatever amount
)octine o# S'pevening Event A 'he accused may still be
prosecuted for another o1ense if a subse&uent development
changes the character of the 2rst indictment under which he may
have already been charged or convicted.
Sec. B$ R'le 11B. 'he conviction of the accused shall not be a
bar to another prosecution for n o1ense which necessarily
includes the o1ense charged in the original complaint or
information when
1. 'he graver o1ense developed due to supervening facts
arising from the same act or omission
2. 'he facts constituting the graver o1ense arose or were
discovered only after the 2ling of the former complaint or
information, or
*. 'he plea of guilty to a lesser o1ense was made without the
consent of the 2scal or the o1ended party
"ection 22. 3o e. post facto law or bill of attainder shall be
enacted.
Notes
Chaacteistics o# E5 Post Facto La&
1. .t refers to criminal matters
2. .t is retroactive in application
*. .t wors to the pre!udice of the accused
Bill o# Attain"e + a legislative act that in?icts punishment
without trial to named individuals or to easily ascertainable
members of a group