Section-I 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. . Life is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable. Liberty - the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose ones employment, the right to labor etc. . Property - refers to anything that can come under the right of ownership and be subject of contract. Due Process of Law - It is a legal maxims which hears before it condemns and renders judgment only after trial. . Two (2) Aspects of Due Process Procedural Due Process The manner or procedure which must be followed in the enforcement or application of law. Substantive Due Process This means that the law to be applied is valid, just and not arbitrary. . Equal Protection of Law - It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed. . Sample Case : If A is a doctor who earns Php. 35,000/month, and B a teacher who is earning 12,000/month, if they will be taxed with the same amount of Php. 800/month, is it just and fair? Does this observed Equal Protection of the Law? Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income. . Crimes Against Persons . Parricide Murder Homicide Death Cause in a Tumultuous Affray Physical injuries inflicted in a tumultuous affray Giving Assistance to Suicide Discharge of Firearms Infanticide and Abortion Intentional Abortion Unintentional Abortion Abortion practiced by the woman herself of by her parents Abortion practiced by a physician or midwife and dispensing of abortives. Duel 10. Crimes Against Persons .Physical Injuries Mutilation Serious Physical Injuries Administering injurious substances or beverages Less serious physical injuries. Slight physical injuries and maltreatment Art. 246 (Revised Penal Code) Parricide Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. Art. 248 (RPC) Murder Any person who shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. In consideration of a price, reward, or promise. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. With evident premeditation. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. Art. 249 (RPC) Homicide Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. Art. 251 (RPC) Death caused in a tumultuous affray When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor. Art. 252 (RPC) Physical injuries inflicted in a tumultuous affray When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted. Art. 253 (RPC) Giving assistance to suicide Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed. Art. 254 (RPC) Discharge of firearms Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code Art. 255 (RPC) Infanticide The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor. Art. 256 (RPC) Intentional abortion Any person who shall intentionally cause an abortion. Art. 257 (RPC) Unintentional abortion The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. Art. 258 (RPC) Abortion practiced by the woman herself of by her parents The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Art. 259 (RPC) Abortion practiced by a physician or midwife and dispensing of abortives The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Art. 257 (RPC) Unintentional abortion The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. Art. 258 (RPC) Abortion practiced by the woman herself of by her parents The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Question: A thought of killing B. He positioned himself at one corner where B would usually pass. When a figure resembling B was approaching, A hid and when that figure was near him, he suddenly hit him with a piece of wood on the nape, killing him. But it turned out that it was his own father. What was the crime committed by A? Answer: The crime committed is parricide, although what was intended was homicide. A crime was committed different from that which was intended. Question: A and B were lovers. B was willing to marry A except that A is already married. A thought of killing his wife. He prepared her breakfast every morning, and every morning, he placed a little dose of arsenic poison into the breakfast of the wife. The wife consumed all the food prepared by her husband including the poison but nothing happened to the wife. Because of the volume of the household chores that the wife had to attend to daily, she developed a physical condition that rendered her so strong and resistance to any kind of poisoning, so the amount of poison applied to her breakfast has no effect to her. Is there an impossible crime? Answer: No impossible crime is committed because the fact itself stated that what prevented the poison from taking effect is the physical condition of the woman. So it implies that if the woman was not of such physical condition, the poison would have taken effect. Hence, it is not inherently impossible to realize the killing. The crime committed is frustrated parricide. Question: A thought of having her husband killed because the latter was maltreating her. She hired some persons to kill him and pointed at her husband. The goons got hold of her husband and started mauling him. The wife took pity and shouted for them to stop but the goons continued. The wife ran away and was prosecuted for parricide. Can the wife be convicted for parricide? Answer: No. Because there was desistance on the part of the wife. The presence of desistance will exempt her from parricide. Desistance negates criminal liability. Act of Desistance .The Supreme Court has ruled that one who desisted is not criminally liable. When a person has set foot to the path of wickedness and brings back his foot to the path of righteousness, the law shall reward him for doing so. Desistance on the part of the offender negates criminal liability in the attempted stage. Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability. Act of Desistance .The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. Even though there was desistance on the part of the offender, if the desistance was made when acts done by him already resulted to a felony, that offender will still be criminally liable for the felony brought about his act. What is negated is only the attempted stage, but there may be other felony constituting his act. Illustrations: .A fired at B and B was hit on the shoulder. But B's wound was not mortal. What A then did was to approach B, and told B, Now you are dead, I will kill you. But A took pity and kept the revolver and left. The crime committed is attempted homicide and not physical injuries, because there was an intention to kill. The desistance was with the second shot and would not affect the first shot because the first shot had already hit B. The second attempt has nothing to do with the first. Question: In another instance, A has a very seductive neighbor in the person of B. A had always been looking at B and had wanted to possess her but their status were not the same. One evening, after A saw B at her house and thought that B was already asleep, he entered the house of B through the window to abuse her. He, however, found out that B was nude, so he lost interest and left. Can A be accused of attempted rape? Answer: No, because there was desistance, which prevented the crime from being consummated. The attempted stage was erased because the offender desisted after having commenced the commission of the felony. Answer: The attempted felony is erased by desistance because the offender spontaneously desisted from pursuing the acts of execution. It does not mean, however, that there is no more felony committed. He may be liable for a consummated felony constituted by his act of trespassing. When A entered the house through the window, which is not intended for entrance, it is always presumed to be against the will of the owner. If the offender proceeded to abuse the woman, but the latter screamed, and A went out of the window again, he could not be prosecuted for qualified trespass. Dwelling is taken as an aggravating circumstance so he will be prosecuted for attempted rape aggravated by dwelling. Crimes Against Liberty Kidnapping and serious illegal detention o Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: If the kidnapping or detention shall have lasted more than five days. If it shall have been committed simulating public authority. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. If the person kidnapped or detained shall be a minor, female or a public officer Slight Illegal Detention o The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of circumstances enumerated therein.
Unlawful Arrest o The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefore, shall arrest or detain another for the purpose of delivering him to the proper authorities. Inducing minor to abandon his home o The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. Slavery o The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.
Exploitation of Child Labor Services rendered under compulsion in payment of debt o The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latters will, retain him in his service. Services rendered under compulsion in payment of debt The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. Crimes Against Property Robbery Brigandage Theft Usurpation (Occupation of real property or usurpation of real rights in property) Altering boundaries or landmarks Culpable Insolvency (Fraudulent insolvency) Swindling (Estafa) Chattel Mortgage (Removal, sale or pledge of mortgaged property) Arson Malicious Mischief
Exemptions from Criminal Liability in Crimes Against Property Spouses, ascendants and descendants, or relatives by affinity in the same line. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and Brothers and sisters and brothers-in-law and sisters-in-law, if living together. The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or 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. Protection against unwanted searches & arrest Basis of Warrant: Probable Cause Warrant must always be Specific
Section 3. The Privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon. But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake. Illustration: A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable. As evidence in court due to the privacy of communication enshrined in the Philippine Constitution. However, recording of conversation through telephone extension is not a violation of the Anti-Wire Tapping Law.
Section-4 No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa pananalita, pagpapahayag, o ng pamamahayag, o sa karapatan ng mga taong-bayan na mapayapang makapag-tipon at magpetisyon sa pamahalaan upang ilahad ang kanilang mga karaingan. Freedom of Speech; o means an individual is free to speak or utter whatever he wants without prior restraint Right to a Free Press; o means an individual is free to write, publish, and circulate whatever he pleases without restraint Freedom of Assembly; o refers mainly to peaceful demonstrations related to public affairs.
The Right of Petition o to take up ones grievances with government without fear of persecution o Section-5 No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious tests shall be allowed for the exercise of civil or political rights.. Hindi dapat magbalangkas ng batas para sa pagtatatag ng relihiyon, o nagbabawal sa malayang paggamit nito. Dapat ipahintulot magpakailanman ang malayang paggamit at pagtamasa ng pagpapahayag ng relihiyon at pagsamba nang walang pagtatangi o pamimili. Hindi dapat kailanganin ang pagsusulit pangrelihiyon sa paggamit ng karapatang sibil o pampulitika This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit.
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. The right to travel shall not impaired except in the interest of national security, public safety, or public health, as may be provided by law Hindi dapat bawalan ang kalayaan sa paninirahan at ang pagbabago ng tirahan sa saklaw ng mga katakdaang itinatadhana ng batas maliban sa legal na utos ng hukuman. Ni hindi dapat bawalan ang karapatan sa paglalakbay maliban kun para sa kapakanan ng kapanatagan ng bansa, kaligtasang pambayan, o kalusugang pambayan ayon sa maaaring itadhana ng batas.
Section-7 (Right to Information) 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 to the citizens, subject to such limitations as may be provided by law. Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa mga bagay-bagay na may kinalaman sa tanan. Ang kaalaman sa mga opisyal na rekord, at sa mga dokumento at papeles tungkol sa mga opisyal na gawain, transaksyon, o pasya, gayon din sa mga datos sa pananaliksik ng pamahalaan na pinagbabatayan ng patakaran sa pagpapaunlad ay dapat ibigay sa mamamayan sa ilalim ng mga katakdaang maaaring itadhana ng batas. Freedom of the Press and freedom of access to information bearing on governmental decision are fundamental elements of Popular Sovereignty . People have access to public records such as records of a case in court subject to reasonable rules and regulations, except when it is very clear that the purpose of examination of public record is unlawful, sheer or idle curiosity. It is not the duty of the custodians of the records to concern themselves with the motives, reasons, and objects of the person seeking access to such documents or information.
Section-8 (The Right to Form Union) 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. Hindi dapat hadlangan ang karapatan ng mga taong-bayan kabilang ang mga naglilingkod sa publiko at pribadong sektor na magtatag ng mga asosasyon, mga unyon, o mga kapisanan sa mga layuning hindi lalabag sa batas. Unionism is a necessity to place employees or labor sectors to the bargaining levels same as that of their employers in relation to negotiations of terms and conditions of employment. However, while employees in the public sector may form a union, they are not entitled to stage strike to press their demands to improve the terms and conditions of their employment. Under the constitution, no money from the National Treasury shall be spent except in accordance with appropriation by law. Improving the economic conditions of employees in the public sector requires spending of public money. Change in the terms of government employees can only be realized through law. Question: If a public and private company has required every employee to sign an agreement as part of his employment contract that he will not join any labor unions, societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine Constitution? Answer: Yes. It is a form of unfair labor practice. If public employees are prohibited to go on strike, the essence of forming unions in government entities show lack of logic. It is also a clear suppression to their right for redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine Constitution. Section-9 (The Right to Just Compensation) Private property shall not be taken for public use without just compensation. Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit pambayan nang walang wastong kabayaran. This is in connection with the inherent rights of the state, specifically, the Right of Eminent Domain . Just compensation - the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market-value at the time of the taking.
Section-10 (Non-Impairment Clause) No law impairing the obligation of contracts shall be passed. Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata. Discusses the sanctity of contracts and obligations; Laws affecting contracts cannot be applied retroactively; all contracts illegal in nature are non-binding. Note: A contract is a meeting of minds between parties with respect to rendition of service or performance of obligation to give something, Government is prohibited from interfering with agreement of parties since it is considered as a law between the contracting parties. Section-11 (Free Access to Court) Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Hindi dapat ipagkait sa sinumang tao ang malayang pagdulog sa mga hukuman at sa mga kalupunang mala-panghukuman at sa sapat na tulong pambatas nang dahil sa karalitaan. Note: If the accused cannot afford to hire a lawyer to defend his case, the government shall provide one for him. He shall be assisted and represented by a public prosecutor and a counsel from the Public Attorneys Office, respectively. Integrated Bar of the Philippines (IBP) is giving free legal assistance to underprivileged litigants. A person who, due to poverty, cannot pay docket fee in civil case may apply in court to file his case as a pauper litigant . Section-12 (Right of Person under Custodial Investigation) (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. Ang sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat magkaroon ng karapatang mapaliwanagan ng kanyang karapatang magsawalang-kibo at magkaroon ng abogadong may sapat na kakayahan at kanyang personal na pinili. Kung hindi niya makakayanan ang paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang mga karapatang ito maliban kung nakasulat at sa harap ng abogado.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free shall be used against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited. Hindi siya dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot, pagbabanta, o anumang paraaan na lalabag sa kanyang malayang pagpapasya. Ipinagbabawal ang mga lihim na kulungan, solitaryo, ingkomunikado, o iba pang katulad ng anyo ng detensyon. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. Hindi dapat tanggaping ebidensya laban sa kanya ang anumang pagtatapat o pag-amin na nakuha nang labag sa seksyong ito o sa seksyong labing-pito. (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. Dapat magtadhana ang batas ng mga kaparusahang penal at sibil sa mga paglabag sa seksyong ito at gayundin ng bayad-pinsala at rehabilitasyon sa mga biktima ng labis na mga paghihirap o katulad ng mga nakagawian, at sa kanilang mga pamilya. This section stresses the following: Miranda Rights/Rules; Permissible use of Police Power; Admissible confessions; and The right to redress in the event of a violation of these rights.
Section-13 (The Right to Bail & Against Excessive Bail) All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, 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. Ang lahat ng mga tao, maliban sa mga nahahabla sa mga paglabag na pinarurusahan ng reclusion perpetua kapag matibay ang ebidensya ng pagkakasala, bago mahatulan, ay dapat mapiyansahan ng sapat ng pyador, o maaaring palayain sa bisa ng panagot ayon sa maaaring itadhana ng batas. Hindi dapat bawalan ang karapatan sa piyansa kahit na suspendido ang pribilehiyo ng writ of habeas corpus . Hindi dapat kailanganin ang malabis na piyansa.
Bail is the security (usually a deposit of money) required by a court for the temporary release of a person who is in the custody of the law provided that his appearance in trials may be ensured. Excessive Bail is prohibited because that is the same as denying the right to post bail. Writ of Habeas Corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place and to show sufficient cause for holding in custody the individual so detained. Non-Bailable Crimes o Kidnapping; o Murder; o Rape; o Drug-Pushing; o Carnapping; o Or Crimes Under the Heinous Crime Law, Plunder Law and Dangerous Drugs Law.
Section-14 (Rights of the Accused) (1) No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. Hindi dapat papanagutin sa pagkakasalang kriminal ang sinumang tao nang hindi kaparaanan ng batas. Ang mga akusado ay itinuturing na inosente hanggat hindi napapatunayan. (2) In all criminal prosecutions, 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 justifiable. Ang nasasakdal ay dapat magtamasa ng karapatang magmatwid sa pamamagitan ng sarili at ng abogado, mapaliwanagan ng uri at dahilan ng sakdal laban sa kanya, magkaroon ng mabilis, walang kinikilingan, at hayagan paglitis, makaharap ang mga testigo, magkaroon ng sapilitang kaparaanan upang matiyak ang pagharap ng mga testigo sa paglilitaw ng ebidensyang para sa kanyang kapakanan. Gayunman, matapos mabasa ang sakdal, maaring ituloy ang paglilitis kahit wala ang nasasakdal sa pasubaling marapat na naipaalam sa kanya ang paglilitis sat di-makatwiran ang kanyang kabiguang humarap. This Section Observes the Following: Right to Due Process of Law in Criminal Cases; Innocent Until Proven Guilty; The Right to Confront Ones Accuser; and Basis for Trials in Absentia.
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. Writ of Habeas Corpus o An order demanding to produce the body of a detained prisoner o Similarly Demands that sufficient cause be shown for keeping the individual in custody Limitation of the Writ Rebellion or Invasion
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. o The Right to a Speedy Trial o Justice Delayed is Justice Denied
Section 17. No person shall be compelled to be a witness against himself. o Affirms the Right of the Accused to Remain Silent
Section 18. 1. No person shall be detained solely by reason of his political beliefs and aspirations
o Freedom from political persecution
2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted
o Freedom from Force Labor unless a punishment arising from a condition
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. o Right Against Excessive Fines
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.
o Right to Reasonable & Humane Punishment
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Freedom from Debtors Prison o Ensures one is not punished due to Poverty o State Power should not be used to coerce payment of debts. Poll Tax o Fixed, Residence Tax
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. Priniciple of Double Jeopardy A person tried for an offense cannot be tried/punished for that same offense when judgement has been passed. Protects against undue persecution under the law.
Section 22. No ex post facto law or bill of attainder shall be enacted. Protection from Retroactive Laws
Ex Post Facto - arising after the fact
Bill of Attainder legislative act that inflicts punishment without a trial.
LAWYER'S OATH
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.
LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics: 1. Canons of Professional Ethics2 2. Supreme court Decisions 3. Statistics 4. Constitution 5. Treatises and publications Present Basis of the Philippine Legal System: Code of Professional Responsibility. BAR V. BENCH BAR Refers to the whole body of attorneys and body of judges. BENCH denotes the whole body of counselors, collectively the members of the legal profession. Practice of Law any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney in fact an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer. Counsel de Oficio a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court. Attorney ad hoc a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factors of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds, Cal.2d580). Of Counsel to distinguish them from attorneys of record, associate attorneys are referred to as of counsel (5 Am. Jur. 261). Lead Counsel The counsel on their side of a litigated action who is charged with the principal management and direction of a partys case. House Counsel Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association an association of members of the legal profession. Advocate The general and popular name for a lawyer who pleads on behalf of someone else. Barrister (England) a person entitled to practice law as an advocate or counsel in superior court. Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law. Admission to the Practice of Law The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides: Sec. 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under privileged. The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession. The Bar Examination Committee: Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar. The 8 members act as examiners for the 8 bar subjects with one subject assigned to each. The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. Admission of examinees is always subject to the final approval of the court. Practice of Law The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. (In Re: Argosino, 1997). Requirements for admission to the Bar: 1. citizen of the Philippines 2. at least 21 years old 3. of good moral character 4. Philippine resident 5. Production before the supreme court satisfactory evidence of: 1. good moral character 2. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain ones good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998) Academic Requirements for Candidates: 1. a bachelors degree in arts and sciences (pre-law course) 2. a completed course in: 1. civil law 2. commercial law 3. remedial law 4. public international law 5. private international law 6. political law 7. labor and social legislation 8. medial jurisprudence 9. taxation 10. legal ethics Non-lawyers who may be authorized to appear in court: 1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC) 2. Before any other court: Party to the litigation, in person (Ibid.) 3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may appoint a non-lawyer who is: 1. resident of the province 2. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC). 4. Legal Aid Program A senior law student, who is enrolled in a recognized law schools clinical education program approved by the supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. 5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if 1. they represent themselves, or if 2. they represent their organization or members thereof (Art 222, PO 442, as amended). 6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259, Sec. 9). Public Officials who cannot engage in the private practice of Law in the Philippines: 1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC). 2. Officials and employees of the OSG (Ibid.) 3. Government prosecutors (People v. Villanueva, 14 SCRA 109). 4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987 Constitution). 5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution) 6. Ombudsman and his deputies (Art. IX, Sec. 8 (2 nd par), 1987 Constitution) 7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). 8. Those prohibited by special law Public Officials with Restrictions in the Practice of Law: 1. 1. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution). 2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not: 1. appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; 2. appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; 3. collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; 4. use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. 3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. Attorneys Oath: I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the court as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God. (Form 28, RRC) Nature of Lawyers Oath The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999) It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyers oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998). Code of Professional Responsibility Chapter 1: Lawyer and Society CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes Duties of Attorneys: 1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2. to observe and maintain the respect due to the courts of justice and judicial officers; 3. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he believes to be honestly debatable under the laws; 4. to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5. to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval; 6. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7. not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause for any corrupt motive or interest; 8. never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Conviction for crimes involving moral turpitude a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: 1. estafa 2. bribery 3. murder 4. seduction 5. abduction 6. smuggling 7. falsification of public documents Morality as understood in law - This is a human standard based on natural moral law which is embodied in mans conscience and which guides him to do good and avoid evil. Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals. Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. Maniwag, 106 SCRA 591). Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. (Narag vs. Narag, 1998) Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause. Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a fair settlement. If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the blood, relationship or trust makes it his duty to do so. Temper clients propensity to litigate. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. The law violated need not be a penal law. Moral Turpitude everything which is done contrary to justice, honesty, modesty or good morals. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. Until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance chasing. Barratry offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; Lawyers act of fomenting suits among individuals and offering his legal services to one of them. Ambulance Chasing Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s). CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed. Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latters rights. Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Primary characteristics which distinguish the legal profession from business; 1. duty of service, of which the emolument is a by product, and in which one may attain the highest eminence without making such money; 2. a relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability; 3. a relation to clients in the highest degree of fiduciary; 4. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. Defenseless not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority. Rule on Advertisements General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyers position, and all other self-laudation. Exceptions/ Permissible advertisements: 1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed. 2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and the special branch of law practiced. 3. A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. 4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. 5. Advertisements or announcement in any legal publication, including books, journals, and legal magazines. Rule 2.04 A lawyer shall not charge rates lower than those customarily or prescribed, unless circumstances so warrant. A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorneys fees were not provided for in the agreement. Rule: A lawyer cannot compromise the case without clients consent (special authority). Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g. Submission for decision on the evidence so far presented. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and theres no opportunity for consultation, the lawyer may compromise. Rule: Refrain from charging rates lower than the customary rates. Valid Justification: relatives, co-lawyers, too poor CANON 3 A lawyer in making known is legal services shall use only true, honest, fair dignified and objective information or statement of facts. Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-auditory or unfair statement or claim regarding his qualifications or legal services. Violation of Rule 3.01 is unethical, whether done by him personally or through another with his permission. Rule 3.02 In the choice of a firm name, no false, misleading, or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. It is unethical to use the name of a foreign firm. Death of a partner does not extinguish attorney-client relationship with the law firm. Negligence of a member in the law firm is negligence of the firm. CANON 4 A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice. Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress; Petitions with the Supreme Court for the amendment of the Rules of Court. CANON 5 A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence.
Objectives of integration of the Bar To elevate the standards of the legal profession To improve the administration of justice To enable the Bar to discharge its responsibility more effectively. The three-fold obligation of a lawyer First, he owes it to himself to continue improving his knowledge of the laws; Second, he owes it to his profession to take an active interest in the maintenance of high standards of legal education; Third, he owes it to the lay public to make the law a part of their social consciousness. CANON 6 These canons shall apply to lawyers in government service in the discharge of their official tasks. Public Officials include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713). The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: 1. commitment to public interest 2. professionalism 3. justness and sincerity 4. political neutrality 5. responsiveness to the public 6. nationalism and patriotism 7. commitment to democracy 8. simple living (Sec. 4, RA 6713) Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action. Rule 6.02 A lawyer in the government service shall not use his public position to promote or advance his private interest, nor allow the latter to interfere with his public duties. Rule 6.03 A lawyer shall not, after leaving government service, accept engagements or employment in connection with any matter in which he had intervened while in said service. Various ways a government lawyer leaves government service: 1. retirement 2. resignation 3. expiration of the term of office 4. dismissal 5. abandonment Q: What are the pertinent statutory provisions regarding this Rule? A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by existing law, the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply. Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law, provided that such practice will not conflict or tend to conflict with their official functions. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no legal basis to sustain the conviction. Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former employer, PNB) The OSG is not authorized to represent a public official at any state of a criminal case.