Bill of Rights Reviewe3

BILL OF RIGHTS Section 1: No person shall be deprived of life, liberty or propert
y without due process of law, nor shall any person be denied the equal protectio
n of the laws. Significance The Bill of Rights is a guarantee that there are cer
tain areas of a persons life, liberty and property which governmental powers may
not touch. Guarantees of the Bill of Rights The Bill of Rights focuses on civil
and political rights and the guarantees in the Bill of Rights are generally self
implementing, they can be appealed to even in the absence of implementing legisl
ation Powers of the government limited by the Bill of Rights A. Police Power The
most essential, insistent and the least limitable of powers, extending as it doe
s to all the great public needs The inherent and plenary power in the State which
enables it to prohibit all that is hurtful to the comfort, safety, and welfare o
f society Scope Police power rests upon public necessity and upon the right of th
e State and of the public to self-protection. For this reason, its scope expands
and contracts with changing needs. Who exercises police power? The national gov
ernment, through the legislative department, exercises police power. But police
power is also delegated, within limits, to local governments. Doctrines Local go
vernments may regulate business but may not engage in the licensing or regulatio
n of professions. Professional regulation is given to various professional board
s. Acebedo Optical Co. v. CA Not being a political subdivision but merely an exe
cutive authority, MMDA does not possess police power. MMDA v. Bel-Air Village As
soc. B. Power of Eminent Domain Governments coercive authority, upon just compens
ation, to forcibly acquire a property to devote it to public use C. Power of Tax
ation Power to raise revenues Rights protected by the Bill of Rights A. Right to
Life Right to Life is not just a protection of the right to be alive or to the
security of ones limb against physical harm but is the right to a good life. B. R
ight to Property Protected property includes all kinds of property found in the
Civil Code. It also includes the right to work and the right to earn a living. A
mere privilege, however, may evolve into some form of property right protected
by due process. Doctrines No right is absolute, and the proper regulation of a p
rofession, calling, business or trade has always been upheld as a legitimate sub
ject of a valid exercise of the police power by the state particularly when thei
r conduct affects either the execution of legitimate governmental functions, the
preservation of the State, the public health and welfare and public morals. Exe
c. Sec. v. CA When property is classified into historical treasures or landmarks
, such classification should be done with both procedural and substantive due pr
ocess especially when it will involve imposition of limits on ownership. Army and
Navy Club of Manila v. CA The right to protected property is not absolute, and c
an be overturned upon a showing of reasonable fair, and just management practice
s by the employer. In this case, the protection of trade and manufacturing secre
ts is a reasonable management practice to justify the prohibition. Duncan Assoc.
v. Glaxo Wellcom Phils.
Roan Salanga I-A Consti II Page 1 of 31
Regulation against private property which constitutes a permanent deprivation of

property without just compensation is unlawful taking and is no longer a valid ex
ercise of police power. People v. Fajardo C. Right to Liberty Only those authori
zed by law may bear arms. US v. Villareal Hierarchy of Rights The primacy of hum
an rights over property rights is recognized. Doctrines A mere reasonable or rati
onal relation between the means employed by the law and its object or purposethat
the law is neither arbitrary nor discriminatorywould suffice to validate a law w
hich restricts or impairs property rights. On the other hand, a constitutional o
r valid infringement of human rights requires more stringent criterion, namely e
xistence of a grave and immediate danger of a substantive evil which the State h
as the right to prevent. Phil. Blooming Mills Employees Org. v. Phil. Blooming Mi
lls Co. In a pension plan where employee participation is mandatory, the prevail
ing niew is that employees have contractual or vested rights in the pension wher
e the pension is part of the terms of employment. Thus, where the employee retir
es and meets the eligibility requirements, he acquires a vested property right t
o benefits that is protected by the due process clause. GSIS v. Montesclaros In
the hierarchy of civil liberties, the rights of free expression and of assembly
occupy a preferred position as they are essential to the preservation and vitali
ty of our civil and political institutions. Kinds of Due Process A. Procedural D
ue Process This relates chiefly to the mode of procedure which government agenci
es must follow in the enforcement and application of laws. It is a guarantee of
procedural fairness. Requirements (non-criminal cases) 1. There must be a court
or tribunal clothed with judicial power to hear and determine the matter before
it 2. Jurisdiction must be lawfully acquired over the person of the defendant or
over the property which is the subject of the proceedings 3. The defendant must
be given an opportunity to be heard 4. Judgment must be rendered upon lawful he
aring Doctrines During the executive phase of an extradition proceeding, an extr
aditee does not have the right of access to evidence in the hands of government.
But during the judicial phase, he has. Secretary v. Judge Lantion Invalidating
an ordinance requires evidence, which the one assailing unconstitutionality is b
urdened to present and prove. The general presumption when the State interferes
with life, liberty, and property is that the action is valid. Ermita-Malate Hote
l and Motel Operators v. City of Manila The applicable doctrine for criminal cas
es, in determining whether they comply with due process, is the sufficient warnin
g test, or whether or not a statutes language convey a sufficiently definite warn
ing as to the proscribed conduct when measured by common understanding and pract
ice. Estrada v. Sandiganbayan Vagueness of the Law A law is vague when it lacks co
mprehensible standards that men of common intelligence must necessarily guess as
to its meaning and differ as to its application. It is repugnant to the Constitu
tion in 2 respects: 1. It violates due process for failure to accord persons, es
pecially the parties targeted by it, fair notice of the conduct to avoid 2. It l
eaves law enforcers unbridled discretion in carrying out its provisions and beco
mes an arbitrary flexing of the Government muscles Requirements (students discipl
inary proceedings) 1. The right to be informed in writing of the nature of the a
ccusation 2. The right to answer the charge with the assistance of counsel 3. Th
e right to be informed of the evidence against them
4. The right to adduce evidence in their own behalf 5. The right for the evidenc
e to be duly considered by the investigating committee 6. Proportionality of the
penalty to the offense Requirements (administrative cases) 1. The right to actu
al or constructive notive of the institution of proceedings which may affect a r
espondents legal rights 2. A real opportunity to be heard personally or with the
assistance of counsel, to present witnesses and evidence in ones favor, and to de
fend ones rights 3. A tribunal vested with competent jurisdiction and so constitu
ted as to afford a person charged administratively a reasonable guarantee of hon
esty as well as impartiality 4. A finding by said tribunal which is supported by
substantial evidence submitted for consideration during the hearing or containe
d the records or mad known to the parties affected Doctrines (administrative cas
e) A respondent in an administrative case is not entitled to be informed of the
findings and recommendations of an investigating committee created to inquire in
to charges filed against him but is only entitled to the administrative decision
based on substantial evidence made of record, and a reasonable opportunity to m
eet the charges and the evidence presented against him during the hearing of the
investigation committee. Pefianco v. Moral Although deportation proceedings are
not criminal in nature, the consequences can be as serious as those of a crimin
al prosecution. The provisions in the Rules of Court for criminal cases are appl
icable. Lao Gi alias Chia Jr. v. CA Quantum of proof Administrative proceedings
= substantial evidence; such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion Notice and Hearing In quasi-judicial procee
dings, notice and hearing is always required; but in the performance of executiv
e or legislative functions, such as issuing rules and regulations, an administra
tive body need not comply with the requirement. B. Substantive Due Process This
is a prohibition of arbitrary laws. The legislature may not, under the guise of
protecting the public interest, arbitrarily interfere with private business or i
mpose unusual and unnecessary restrictions upon lawful occupations. The heart of
substantive due process is the requirement of reasonableness or absence of exerci
se of arbitrary power. These are necessarily relative concepts which depend on t
he circumstances of every case. Requirements (it must appear that) 1. The intere
sts of the public generally, as distinguished from those of a particular class,
require such interference 2. That the means are reasonably necessary for the acc
omplishment of the purpose, and not unduly oppressive upon individuals. Requirem
ents (for an ordinance to be valid) 1. It must not contravene the Constitution o
r any law 2. It must not be partial and discriminatory 3. It must not be unfair
or oppressive 4. It must be consistent with public policy 5. It must merely regu
late, and not prohibit trade 6. It must not be unreasonable Equal Protection The
Equal Protection Clause is a specific constitutional guarantee of the Equality
of the Person. The equality it guarantees is legal quality or the equality of all
persons before the law. This clause does not only prohibit the State from passin
g discriminatory laws but it also commands the State to pass laws which positive
ly promote equality or reduce existing inequalities.
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Consti II
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Doctrine The law does not require absolute equality when it comes to taxation, b
ut rather it requires a uniform and equitable system of taxation. Equality and uni
formity in taxation means that all taxable articles or all kinds of property of
the same class shall be taxed at the same rate. Sison v. Ancheta Relative Consti
tutionality A statute which may have been constitutional at one time may be rend
ered invalid at another time because of altered circumstances. Central Bank Empl
oyees v. Bangko Central Three Levels of Scrutiny 1. Deferential or rational basi
s scrutinywhere the classification needs only to be related to a legitimate state
interest 2. Middle-tier or immediate scrutinywhere the government must show that
the challenged classification serves an important State interest and that the c
lassification is substantially related to that interest 3. Strict judicial scrut
inyin which a legislative classification which impermissibly interferes with the
exercise of a fundamental right or operates to the peculiar disadvantage of a su
spect class is presumed unconstitutional, and that the burden is upon the govern
ment to prove that the classification is necessary to achieve a compelling State
interest and that it is the less restrictive means to protect such interest Cla
ssification The equal protection does not prohibit classification but it must be
reasonable. To be reasonable, it 1. Must rest on substantial distinctions 2. Mu
st be germane to the purpose of the law 3. Must not be limited to existing condi
tions only 4. Must apply equally to all members of the same class Section 2: The
right of the people to be secured in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpo
se shall be inviolable, and no search warrant or warrant of arrest shall issue e
xcept upon probable cause to be determined personally by the judge after examina
tion under oath or affirmation of the complainant and the witnesses he may produ
ce, and particularly describing the place to be searched and the persons or thin
gs to be seized. Purpose This is to protect the privacy and sanctity of the pers
on and of his house and other possessions against arbitrary intrusions by State
officers. It prohibits unreasonable searches and seizures. Unreasonable search a
nd seizure Searches and seizures are normally unreasonable unless authorized by
a validly issued search warrant or warrant of arrest. Search Warrant A fundament
al protection such that between the person and the police must stand the protect
ive authority of a magistrate clothed with the power to issue or refuse to issue
search warrants or warrants of arrest Doctrines The constitutional proscription
against unlawful searches and seizures applies as a restraint directed only aga
inst the government and its agencies tasked with enforcement of the law and not
against private individuals. People v. Marti That there is a specific victim of
a particular offense is not a requisite for a warrant to issue. Central Bank v.
Morfe Since the Commissioner on Immigration is not a judge, he may not issue war
rants of arrest in aid merely of his investigatory power. However, he may order
the arrest of an alien for the purpose of carrying out a deportation order that
has already become final. The American Court has held that a warrant and finding
of probable cause are unnecessary in the public school context because such req
uirements would unduly interfere with the maintenance of the swift and informal
disciplinary procedures that are needed. Vernonia Sch. District
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Page 4 of 31
Checkpoint Checkpoints are not illegal per se. Under exceptional circumstances,
as where the survival of organized government is on the balance, or where the li
ves and safety of the people are in grave peril, checkpoints may be allowed and
installed by the government. Routine inspection and a few questions do not const
itute unreasonable searches. If the inspection becomes more thorough to the exte
nt of becoming a search, this can be done when there is deemed to be probable ca
use. In the latter situation, it is justifiable as a warrantless search of a mov
ing vehicle. Valmonte v. General de Villa Requisites of a valid warrant 1. It mu
st be issued upon probable cause 2. Probable cause must be determined personally b
y a judge 3. Such judge must examine under oath or affirmation the complainant a
nd the witnesses he may produce 4. The warrant must particularly describe the pl
ace to be searched and the person or things to be seized Probable Cause It means
such facts and circumstances antecedent to the issuance of a warrant that are i
n themselves sufficient to induce a cautious man to rely upon them. Probable Cau
se for the issuance of a warrant of arrest Such facts and circumstances which wo
uld lead a reasonably discreet and prudent man to believe that an offense has be
en committed by the person sought to be arrested. Probable Cause for a search Su
ch facts and circumstances which would lead a reasonably discreet and prudent ma
n to believe that an offense has been committed and that the objects sought in c
onnection with the offense are in the place sought to be searched. Who may deter
mine probable cause for the purpose of issuing a warrant? ONLY A JUDGE. Who dete
rmines probable cause for the purpose of filing an information? THE PROSECUTION.
Personal Examination What the Constitution underscores is the exclusive and per
sonal responsibility of the issuing judge to satisfy himself of the existence of
probable cause. He may also rely on the fiscals report or if on the basis thereo
f he finds no probable cause, he may disregard the fiscals report and require the
submission of supporting affidavits of witnesses to aid him in arriving at a co
nclusion as to the existence of probable cause. This means that what is required
is personal determination and not personal examination. Beltran v. Makasiar Par
ticularity of Description A search warrant may be said to particularly describe
the things to be seized when the description therein is as specific as the circu
mstances will ordinarily allow and by which the warrant officer may be guided in
making the search and seizure. Bache & Co. v. Ruiz It is not required that tech
nical precision of description be required, particularly where, by the nature of
the goods to be seized, their description must be rather general, since the req
uirement of a technical description would mean that no warrant could issue. Peop
le v. Tee Purpose Its purpose is to prevent abuse by the officer enforcing the w
arrant by leaving him no discretion as to who or what to search or seize. John D
oe Warrant For John Doe warrant to satisfy the requirement of particularity of des
cription, it must contain descriptio personae such as will enable the officer to
identify the accused. People v. Veloso In determining the sufficiency of the de
scription of the address, the executing officers prior knowledge of the place int
ended in the warrant is relevant. Burgos Sr. v. Chief of Staff Examination of Ba
nk Deposits An examination of the secrecy of bank deposits law would reveal the
following allowable exceptions: a. Where the depositor consents in writing b. Im
peachment case c. By court order in bribery or dereliction of duty cases against
public officials
d. Deposit is subject of litigation e. In cases of unexplained wealth as held in

the case of PNB v. Gancayco Specific Description Rule 1. The unreasonable searc
h and seizure clause must be construed strictly in favor of the individual 2. Th
e personal knowledge of the complainant when applying for a search/arrest warran
t is mandatory when there is only one complainant and no other witnesses 3. The
affidavit of the witnesses is mandatory only when the primary complaint is based
on hearsay 4. The description of the objects in a search warrant must be specif
ic, unless the nature of the object dictates that the description must be genera
l Exclusionary Rule Any evidence obtained in a search or seizure without a warra
nt or by authority of an invalid warrant shall be inadmissible for any purpose in
any proceeding. Doctrines Sec. 26, Rule 114 of the Revised Rules on Criminal Pro
cedure: An application for bail or the admission to bail by the accused shall no
t be considered as a waiver of his right to assail the warrant issued for his ar
rest on the legalities or irregularities thereon. Okbabe v. Judge de Leon Goods
illegally seized shall be returned unless the possession of such goods is prohib
ited by law. Castro v. Judge Pabalan The objection to an unlawful search or seiz
ure and to evidence obtained thereby is purely personal and cannot be availed of
by third parties. Stonehill v. Diokno It is not required that the property to b
e searched should be owned by the person against whom the search warrant is dire
cted, but is sufficient that the property is under the control or possession of
the person sought to be searched. Burgos Sr. v. Chief of Staff Allowable warrant
less searches 1. Warrantless search incidental to a lawful arrest Requirements a
. The item to be searched was within the arrestees custody or area of immediate c
ontrol b. The search was contemporaneous with the arrest 2. Seizure of evidence
in plain view Requirements a. A prior valid intrusion into a place b. The evidence
was inadvertently discovered by the police who had the right to be where they a
re c. The legality of the evidence must be immediately apparent d. And is notice
d without further search 3. Search of a moving vehicle Highly regulated by the g
overnment because of its inherent mobility. But there must be a highly reasonabl
e suspicion amounting to probable cause that the occupant committed a criminal a
ctivity. Doctrine A fishing vessel found to be violating fishery laws may be sei
zed without a warrant because a. They are usually equipped with powerful motors
that enable them to elude pursuit b. The seizure would be incidental to the lawf
ul arrest of the crew 4. Consented warrantless search It must appear a. The righ
t exists b. The person involved had knowledge, either actual or constructive, of
the existence of such right c. That said person had an actual intention to reli
nquish the right 5. Customs search or seizure of goods concealed to avoid duties
Doctrine Except in the case of the search of a dwelling house, persons exercisi
ng police authority under the customs law may affect search and seizure without
a search warrant in the enforcement of customs laws. Thus, the seizure of an aut
omobile coupled with reasonable suspicion and probable cause determined by custo
ms officials is valid.
6. Stop and Frisk When an experienced police officer observes unusual conduct whi
ch leads him reasonably to conclude in light of his experience that criminal act
ivity may be afoot and that the person with whom he is dealing may be armed and
presently dangerous, he may after identifying himself frisk the person for weans
Scope A limited protective search of outer clothing for weapons Two-fold interes
t A. The general interest of effective crime prevention and detection B. The mor
e pressing interest of safety and self-preservation 7. Exigent and Emergency Cir
cumstances The essential requisite of probable cause must still be satisfied bef
ore a warrantless search and seizure can be lawfully conducted Doctrines A permi
ssion granted for officers to enter a house to look for rebel soldiers does not
include permission for a room to room search for firearms. Spouses Veroy v. Laya
gue Warrantless Arrests Rule 113, Section 5, Rules of Court: A peace officer or
a private person may, without warrant, arrest a person 1. When, in his presence,
the person to be arrested has committed, is actually committing, or attempting
to commit an offense 2. When an offense has in fact been committed, and he has p
ersonal knowledge of facts indicating that the person to be arrested has committ
ed it 3. When the person to be arrested is a prisoner who has escaped from a pen
al establishment or place where he is serving final judgment or temporarily conf
ined while his case is pending, or has escaped while being transferred from one
confinement to another Buy-bust operation A buy-bust operation is a form of entr
apment. The method is for an officer to pose as a buyer. He, however, neither in
stigates nor induces the accused to commit a crime. Doctrines Any objection invo
lving a warrant of arrest or procedure in the acquisition by the court of jurisd
iction over the person of the accused must be made before he enters his plea, ot
herwise the objection is deemed waived. People v. Cabiles Jurisprudence is settl
ed that an accused is stopped from assailing the illegality of his arrest if he
fails to move for the quashing of the Information against him before his arraign
ment. People v. Hernandez Tests on Entrapment Case 1. Objective testwhether or no
t the conduct of the police officer was likely to induce a normally law-abiding
person, other than the one who is ready and willing, to commit the offense 2. Su
bjective testalso known as the Predisposition Test; it emphasizes the accuseds pro
pensity to commit the offense rather than the officers misconduct Section 3: The
privacy of communication and correspondence shall be inviolable except upon lawf
ul order of the court, or when public safety or order requires otherwise as pres
cribed by law. Any evidence obtained in violation of this or the preceding secti
on shall be inadmissible for any purpose in any proceeding. Forms of corresponde
nce and communication It covers letters, messages, telephone calls, telegrams an
d the like. When is intrusion allowed? Intrusion into the privacy of communicati
on and correspondence is allowed upon lawful order of the court or when public s
afety and order requires otherwise as prescribed by law.
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Consti II
Page 7 of 31
Particularity of description Written correspondence: there should be no inconven

ience in requiring particularity of description Wiretaps: a. the identity of the
person or persons whose communication is to be intercepted b. the identity of t
he offense or offenses sought to be prevented c. the period of the authorization
given can be specified Doctrines When intrusion is made without a judicial orde
r, it would have to be based upon a government officials assessment that public s
afety and order demand such intrusion. An executive officer can order intrusion
when in his judgment and even without prior court approval, he believes that pub
lic safety or order so requires. Public order and safety = the security of human
lives, liberty and property against the activities of invaders, insurrectionist
s, and rebels Anti-Wiretapping Law RA 4200 provides penalties for specific viola
tions of private communication. Sec.1 of RA 4200: It shall be unlawful for any p
erson, not being authorized by all the parties to any private communication or s
poken word, to tap any wire or cable, or by using any other device or arrangemen
t, to secretly overhear, intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or dictagraph or detectaphone o
r walkie-talkie or tape recorder, or however otherwise described. Section 4: No
law shall be passed abridging the freedom of speech, of expression, or of the pr
ess, or the right of the people peaceably to assemble and petition the governmen
t for redress of grievances. Scope Speech, expression and press include every fo
rm of expression, whether oral, written, tape or disc recorded. It also includes
movie as well as what is referred to as symbolic speech such as the wearing of
an arm band as a symbol of protest. Peaceful picketing has also been included wi
thin the meaning of speech. Prohibition of Prior Restraint Prior Restraint means
official government restrictions on the press or other forms of expression in a
dvance of actual publication or dissemination. Its most blatant form is a system
of licensing administered by an executive officer. Licensing System: a. press c
ensorship b. movie censorship c. judicial prior restrainttakes the form of an inj
unction against publication Doctrines The provision on freedom of expression mus
t be read in conjunction with the power given to the Comelec to supervise and re
gulate media during election as well as with the various provisions in the Const
itution which place a high premium on equalization of opportunities. The effect
of the constitutional grant of power to the Comelec to regulate media is no pres
umption of invalidity arises in respect of exercises of supervisory or regulator
y authority on the part of the Comelec. NPC v. Comelec Commercial Speech This is
a communication which no more than proposes a commercial transaction. Advertiseme
nt of goods or of services is an example. Requirements for government to validly
curtail commercial speech 1. the commercial speech must not be false or mislead
ing and should not proposes an illegal transaction 2. the government has a subst
antial interest to protect 3. the regulation directly advances that interest 4.
the regulation is not more extensive than is necessary to protect that interest
Subsequent Punishment This has an effect of curtailing expression. Tests for reg
ulation of expression 1. Dangerous tendency test There be a rational connection
between the speech and the evil apprehended 2. Clear and Present danger test The
question in every case is whether the words used are used in such circumstances
and are of such a nature as to create a clear and present danger that they will
bring about the substantive evils that Congress has a right to prevent. It is a
question of proximity and degree. Four instances where clear and present danger
test applies (Iglesio ni Kristo v. CA) a. speeches that advocate dangerous idea
s b. speeches that provoke a hostile audience reaction c. speeches out of contem
pt d. release of information that endangers free trial 3. Balancing of interests
test If on balance it appears that the public interest served by restrictive le
gislation is of such a character that it outweighs the abridgment of freedom, th
en the Court will find the legislation valid. In short, the balance-of-interests
theory rests on the basis that constitutional freedoms are not absolute, not ev
en those stated in the First Amendment, and that they may be abridged to some ex
tent to serve appropriate and important interests. Gonzales v. Comelec Factors t
hat are necessarily relevant in ascertaining the point or line of equilibrium a.
The social values and importance of the specific aspect of the particular freed
om restricted by the legislation b. The specific thrust of the restriction, ie.
whether the restriction is direct or indirect, whether or not the persons affect
ed are few c. The value and importance of the public interest sought to be secur
ed by the legislationthe reference here is to the nature and gravity of the evil
which Congress seeks to prevent d. Whether the specific restriction decreed by C
ongress is reasonably appropriate and necessary for the protection of such publi
c interest e. Whether the necessary safeguarding of the public interest involved
may be achieved by some other measure less restrictive of the protected freedom
Doctrines RA 4880 prohibits the too early nomination of political candidates an
d limits the period for partisan political activity. Its purpose is to prevent t
he debasement of the political process. In determining the validity of the law,
free speech as a social value must be weighed against the political process as a
social value. Gonzales v. Comelec Criticism, no matter how severe, on the Execu
tive, Legislature or Judiciary is within the range of liberty of speech unless t
he intention and effect be seditious. People v. Perez OBrien Test (a governmental
regulation is sufficiently justified if): 1. It is within the constitutional po
wer of the Government 2. It furthers an important or substantial governmental in
terest 3. The governmental interest is unrelated to the suppression of free expr
ession 4. If the incidental restriction on alleged freedom is no greater than is
essential to that interest Unprotected Speech There are certain well defined an
d narrowly limited classes of speech, the prevention and punishment of which has
never been thought to raise any constitutional problems. These are (1) libel an
d (2) obscenity, it has been well observed that such utterances are no essential
part of any exposition of ideas, and are of such slight social value as a step
to truth that any benefit that may be derived from them is clearly outweighed by
the social interests in order and morality.
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Page 9 of 31
Censorship (film) Freedman v. Maryland 1. The burden of providing that the film
is unprotected expression must rest on the censor 2. While the State may require
advance submission of all films, in order to proceed effectively to bar all sho
wings of unprotected films, the requirement cannot be administered in a manner w
hich would lend an effect of finality to the censors determination whether a film
constitutes protected expression Libel A libel is a public and malicious imputa
tion of a crime, or of a vice or a defect, real or imaginary, or any act, omissi
on, condition, status, or circumstances tending to cause the dishonor, discredit
, or contempt of a natural or juridical person, or to blacken the memory of one
who is dead. Article 353 of the RPC Elements 1. The allegation of a discreditabl
e act or condition concerning another 2. Publication of the charge 3. Identity o
f the person defamed 4. Existence of malice Malicious Defamatory Imputation Ther
e is malice when the author of the imputation is prompted by ill-will or spite a
nd speaks not in response to duty but merely to injure the reputation of the per
son who claims to have been defamed Publication in Libel It means making the def
amatory matter, after it has been written, known to someone other than the perso
n to whom it has been written. Privileged Communication The concept of privilege
d communications is implicit in the freedom of the press. The rule on privileged
communication is that a communication made in good faith on any subject matter
in which the communicator has an interest, or concerning which he has a duty, is
privileged if made to a person having a corresponding interest, although it con
tains incriminatory matter which, without the privilege, would be libelous and a
ctionable. Ledesma v. CA Immunity of Derogatory Remarks in Newspaper To enjoy im
munity, a publication containing derogatory information must be not only be true
but also fair and it must be made in good faith and without comments or remarks
. Libel of Public Officials and Public Figures The Constitutional guarantee requ
ires a federal rule that prohibits a public official from recovering damages for
a defamatory falsehood relating to his official conduct unless he proves that t
he statement was made in actual malice. Actual Malice It means with knowledge that
it was false or with reckless disregard of whether it was false or not. NY Time
s v. Sullivan This rule was later extended to defamation of private sector publi
c figures, barangay official and a PCGG Commissioner. Obscenity and Indecency Te
st for obscenity 1. Whether the average person, applying contemporary community
standards would find that the work, taken as a whole, appeals to the prurient in
terest 2. Whether the work depicts or describes, in a patently offensive way, se
xual conduct specifically defined by the applicable state law 3. Whether the wor
k, taken as a whole, lacks serious literary, artistic, political, or scientific
value Doctrine Obscenity may be banned. But attempts to regulate sex which does
not come under the definition of obscenity for the purpose of protecting minors
have failed on the argument that the regulations deprive adults of shows which d
o not come under the definition of obscenity and are therefore legitimate for ad
ults, such as internet sex.
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Page 10 of 31
Assembly and Petition The right of peaceable assembly is a right cognate to thos
e of free speech and press and is equally fundamental. Since the right of assemb
ly and petition is equally as fundamental as freedom of expression, the standard
s for allowable impairment of speech and press are also used for assembly and pe
tition. Doctrines The Mayor possessed reasonable discretion to determine or speci
fy the streets or public places to be used for the assembly in order to secure c
onvenient use thereof by others and provide adequate and proper policing to mini
mize the risks of disorder and maintain public safety and order. The applicant f
or a permit to hold an assembly should inform the licensing authority of the dat
e, the public place where and the time when it will take place. Disciplinary act
ion may be taken against students for conduct which materially disrupts class wor
k or involves substantial disorder or invasion of the rights of others. Requireme
nts (for permit to be granted) 1. To justify limitations on freedom of assembly,
there must be proof of sufficient weight to satisfy the clear and present dange
r test 2. There is no showing that the distance between the chancery and the gat
e is less than 500 feet. In accordance with Vienna Convention which prohibits ra
llies or demonstrations within a radius of 500 feet from any foreign mission or
chancery Demonstrations allowed in the vicinity of courts Demonstrators, pickete
rs, rallyists and all other similar persons are enjoined from holding any activi
ty on the sidewalks and streets adjacent to, in front of, or within a radius of
200 meters from, the outer boundary of the SC Building, any Hall of Justice, and
any other building that houses at least one sala. Such activities unquestionabl
y interrupt and hamper the working conditions in the sala, offices and chambers
of the courts. Courts exercise of its power of judicial review 1. There is an act
ual case or controversy involving a conflict of rights susceptible of judicial d
etermination 2. The constitutional question is raised by a proper party and at t
he earliest opportunity 3. The constitutional question is the very lis mota of t
he case Section 5: No law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment of re
ligious profession and worship, without discrimination or preference, shall fore
ver be allowed. No religious test shall be required for the exercise of civil or
political rights. Principal parts of Section 5: 1. The non-establishment clausep
rohibits the establishment of any religion 2. The free exercise clauseguarantees
the free exercise of religion Other provisions expressing non-establishment prin
ciple a. Sec. 29 (2) of Art. 6No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use, benefit, or sup
port of any sect, church, denomination, sectarian institution, or system of reli
gion, or of any priest, preacher, minister, other religious teacher, or dignitar
y as such, except when such priest, preacher, minister, or dignitary is assigned
to the armed forces, or to any penal institution, or government orphanage or le
prosarium b. Sec. 6 of Art. 2The separation of Church and State shall be inviolab
le c. Sec. 2(5) of Art. 9-Cprohibits religious denominations and sects from being
registered as political parties or organizations Purpose of the non-establishme
nt clause It protects 2 values, which are, voluntarism and insulation of the pol
itical process from interfaith dissension Intended to erect a wall of separation
between Church and State:
Roan Salanga I-A
Consti II
Page 11 of 31
Meaning of the non-establishment clause The State cannot a. set up a church b. p

ass laws which aid one religion, aid all religions, or prefer one religion over
the other c. openly or secretly participate in the affairs of any religious orga
nizations or groups and vice versa Allowable government aid to religion The gove
rnment aid must have 1. a secular legislative purpose 2. a primary effect that n
either advances nor inhibits religion 3. not require excessive entanglement with
recipient institutions Ecclesiastical affair One that concerns doctrine, creed
or form or worship of the church, or the adoption and enforcement within a relig
ious association of needful laws and regulations for the government of the membe
rship, and the power of excluding from such associations those deemed unworthy o
f membership Exceptions to the non-establishment clause a. Sec. 28(3) of Art. 6 C
haritable institutions, churches and personages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, act
ually, directly, and exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation. b. Sec. 29(2) of Art. 6 c. Sec. 3(3) of
Art. 14 At the option expressed in writing by the parents or guardians, religion
shall be allowed to be taught to their children or wards in public elementary an
d high schools within the regular class hours by instructors designated or appro
ved by the religious authorities of the religion to which the children or wards
belong, without additional cost to the Government. Cases/Doctrines (not in viola
tion of non-establishment clause) The Everson Court upheld a statute authorizing
local districts to reimburse parents of Catholic school children for the cost o
f bus transportation to and from parochial school. Board of Education v. Everson
The expropriation of the birthplace of Felix Manalo, founder of Iglesia ni Kris
to, for the purpose of preserving it as a historical landmark, was upheld as for
public use and any benefits that would reap the adherents of Iglesia would only b
e incidental to the public historical purpose. Manosca v. CA There is nothing un
constitutional or illegal in holding a fiesta, as it is a socio-religious affair
, and having a patron saint for the barrio, then any activity intended to facili
tate the worship of the patron saint, such as the acquisition and display of his
image, cannot be branded as illegal. Garces v. Estenzo Lending of secular textb
ooks to parochial school children and the grant of construction aid for science
buildings have been allowed. Board of Education v. Allen, Lemon v. Kurtzman Issu
ance of religious commemorative stamps as giving merely incidental benefits to r
eligion is upheld. Aglipay v. Ruiz Cases/Doctrines (in violation of non-establis
hment clause) State sponsored Bible readings and prayers in public schools have
been invalidated for violations of Sec. 5. School District v. Schempp Salary pay
ments and reimbursements for secular textbooks and other instructional materials
under a system involving close government supervision were invalidated. Lemon v
. Kurtzman Religious practices which the government cannot encroach upon A churc
h member who is expelled from the membership by the church authorities, or a pri
est or minister who is by them deprived of his sacred office, is without remedy
in the civil courts, which will not inquire into the correctness of the decision
s of the ecclesiastical tribunals. Long and Almeria v. Basa Certification of foo
d as halal, one that is suitable for consumption by Muslims, is a religious exer
cise and cannot be performed by a government agency. Islamic Dawah Council v. Exe
c. Secretary The Court cannot entertain a complaint about an expulsion or excomm
unication from a church. Taruc v. Bishop
Meaning of the Free Exercise of Religion Embraces 2 concepts: 1. Freedom to beli

eveabsolute; the government, while it may look into the good faith of a person, c
annot inquire into a persons religious pretensions 2. Freedom to actsubject to gov
ernment regulation Differentiation of cases of free exercise from cases of non-e
stablishment Every violation of the free exercise clause involves compulsion whe
reas a violation of the non-establishment clause need not involve compulsion Pur
pose of the prohibition of religious tests To render the government powerless to
restore the historically and constitutionally discredited policy of probing reli
gious beliefs by test oaths or limiting public offices to persons who have, or p
rofess to have a belief in some particular kind of religious concept. Torcaso v.
Watkins Cases/Doctrines (free exercise of religion) Where a judge referred to th
e interest of Iglesia ni Kristo members in a case as gimmickry, the court saw viol
ation of free exercise. No one, much less a public official, is privileged to ch
aracterize the actuation of its adherents in a derogatory sense. Iglesia ni Kris
to v. Gironella The State cannot require a license for the dissemination of reli
gious literature, unless the dissemination is done as a business operation for p
rofit. American Bible v. City of Manila The Flag Salute Law, requiring compulsor
y participation by public school students in flag ceremonies, violate the free e
xercise clause saying that freedom of religion requires that protesting members
be exempted from the operation of the law. Ebralinag v. Division Superintendent
of Schools of Cebu The right to vote may yield to the right to free exercise of
religion. Gillete v. US The free exercise of religious profession or belief is s
uperior to contract rights. Victoriano v. Elizalde Rope Workers Union Cases/Doct
rines (prohibition of religious tests) Sec. 2175 of the Revised Administrative C
ode is valid and enforceable which disqualifies an ecclesiastic from being elected
or appointed to a municipal office. Pamil v. Teleron Section 6: The liberty pre
scribed by law shall Neither shall the right security, public safety, of abode a
nd of changing the same within the limits not be impaired except upon lawful ord
er of the court. to travel be impaired except in the interest of national or pub
lic health, as may be provided by law.
Liberties guaranteed by Section 6 1. Liberty of AbodeFreedom to choose and change
ones place of abode 2. Right to TravelFreedom to travel both within the country a
nd outside Impairment of the 2 liberties 1. Liberty of abodeupon lawful order of
the court and within the limits prescribed by law 2. Right to travelby administra
tive authorities such as passport officers, in the interest of national security
, public safety, or public health and as may be provided by law Cases/ Doctrines
Under the Marcos regime, liberty of abode was curtailed by hamletting or the invo
luntary herding of people into one place secured by the military, while freedom
to travel was curtailed by denial of exit permits. A person admitted to bail may
be prevented by a court from leaving the country as this is a necessary consequ
ence of the function of a bail bond which is to secure a persons appearance when
needed. Manotoc Jr. v. CA Section 7: The right of the people to information on m
atters of public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or decisions, a
s well as to government research data used as basis for policy development, shal
l be afforded the citizen, subject to such limitations as may be provided by law
.
Rights guaranteed 1. Right to information on matters of public concern 2. The co

rollary right of access to official records and documents Limitations 1. Nationa
l security mattersstate secrets regarding military, diplomatic and other national
security, and information on inter-government exchanges prior to the conclusion
of treaties and executive agreements. Where there is no need to protect state s
ecrets, the privilege cannot still be invoked, provided that they are examined i
n strict confidence and given scrupulous protection 2. Trade secrets and banking tra
nsactionspursuant to Intellectual Property Code, Secrecy of Bank Deposits Act, an
d other related laws 3. Criminal matters 4. Other confidential mattersdiplomatic
correspondence, closed door Cabinet meetings and executive sessions of Congress,
and the internal deliberations of the SC. Chavez v. President Commission on Goo
d Government Subject to limitations as may be provided by law The standards deve
loped for the regulation of speech and press and of assembly and petition and of
association are applicable to the right of access to information Right of acces
s to government research data used as basis for policy development This has refere
nce to government funded research data Information must be a matter of public co
ncern Public concern embraces a broad spectrum of subjects which the public may
want to know, either because these directly affect their lives or simply because
such matters arouse the interest of an ordinary citizen The right to informatio
n is a public right Hence, any citizen has standing to assert the right to informati
on Cases/Doctrines Information on on-going evaluation or review of bids or propo
sals being undertaken by the bidding or review committee is not immediately acce
ssible under the right to information. While it is still on-going, there are no o
fficial acts, transaction, or decisions on the bids or proposals. However, once t
he committee makes its official recommendation, there arises a definite propositi
on on the part of the government. From this moment, the publics right to informati
on attaches, and any citizen can access all the non-propriety information leadin
g to such definite proposition. Chavez v. PEA RA 6713, Code of Conduct and Ethic
al Standards for Public Officials and Employees, provides that, in the performan
ce of their duties, all public officials and employees are obliged to respond to
letters sent by the public within 15 working days from receipt thereof and to e
nsure the accessibility of all public documents for inspection by the public wit
hin reasonable working hours, subject to the reasonable claims of confidentialit
y. Gonzales v. Narvasa A public agency, like the GSIS, cannot invoke the right t
o privacy as it belongs to the individual and not to a corporation. The public n
ature of the loanable funds of the GSIS and the public office held by the allege
d borrowers make the information sought a matter of public concern. Government,
whether carrying out its sovereign attributes or running some business, discharg
es the same function of service to the people. Valmonte v. Belmonte Jr. The righ
t of access is also subject to reasonable regulation for the convenience of and
order in the office that has custody of the documents. Baldoza v. Judge Dimaano
While public officers in custody or control of public records have the discretio
n to regulate the manner in which such records may be inspected, examined or cop
ied by interested persons, such discretion does not carry with it the authority
to prohibit access, inspection, examination or copying. Lantaco Sr. v. Llamas Se
ction 8: The right of the people, including those employed in the public and pri
vate sectors, to form unions, associations, or societies for purposes not contra
ry to law shall not be abridged. Meaning The right to form associations is a gen
eral right of liberty; it is an aspect of freedom of contract
Cases/Doctrines Art. 245 of the Labor Code is valid because the right guaranteed
in Art. 3 Sec. 8 is subject to the condition that its exercise should be for pu
rposes not contrary to law. Art. 245 prohibits managerial employees from forming
or joining labor organizations because if these managerial employees would belo
ng to or be affiliated with a Union, the latter might not be assured of their lo
yalty to the Union in view of evident conflict of interest. Philips Industrial D
evelopment v. NLRC and United Pepsi-Cola Supervisory Union v. Laguesma The degre
e of protection an association enjoys depends on the position which the associat
ions objective or activity occupies in the constitutional hierarchy of values. NA
ACP v. Alabama The right to strike it is not included in the right to form union
s. It may be denied by law for valid reasons. The SC has ruled that employees of
SSS and public school teachers do not have a constitutional right to strike. SS
S v. CA and Manila Public School Teachers Assoc. v. Secretary of Education Secti
on 9: Private property shall not be taken for public use without just compensati
on. Power of Eminent Domain The ultimate right of the sovereign power to appropr
iate, not only the public, but even the private property of all citizens within
the territorial sovereignty, to public purposes. Charles River Bridge v. Warren
Bridge Constitutional provisions on eminent domain 1. Sec. 9 of Art. 3sets down t
he limits on the inherent power 2. Sec. 18 of Art. 12public utilities; The State
may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership
utilities and other private enterprises to be operated by the Government. 3. Se
c. 4 of Art. 13land reform 4. Sec. 22 of Art. 18idle or abandoned agricultural lan
ds Power of eminent domain resides It is possessed by the State and is exercised
by the national government. But by delegation, it may also be possessed by loca
l governments, other public entities, and public utilities. This power is inalie
nable which means that the state cannot enter into a contract which in effect bi
nds it not to exercise the power of eminent domain. Scope of the power of eminen
t domain In the hands of Congress, it is plenary. Elements of the exercise of th
e power of eminent domain 1. There is taking of private property 2. The taking mus
t be for public use 3. There must be just compensation Circumstances which need to c
oncur to constitute taking 1. The expropriator must enter upon the private propert
y 2. The entrance must not be for a momentary period, that is, the entrance must
be permanent 3. The entry must be under warrant or color of legal authority 4.
The property must be devoted to public use or otherwise informally appropriated
or injuriously affected 5. The utilization of the property must be in such a way
as to oust the owner and deprive him of all beneficial enjoyment of the propert
y Police power v. eminent domain In police power, the property is regulated and
there is no compensation. While in eminent domain, the property is taken where t
here is transfer of ownership and it must be compensated. Definition of public us
e Any use that is of utility, advantage, or productivity for the benefit of the p
ublic generally. It is equivalent to public welfare in police power.
Definition of just compensation The just and complete equivalent of the loss which
the owner of the thing expropriated has to suffer by reason of the expropriatio
n. Province of Tayabas v. Perez Compensation, aside from money, must be in some
form that embodies certainty of value and of payment, such as government bonds.
When is compensation just? It is just if the owner receives for his property a s
um equivalent to its market value What is market value? a. It is the price fixed by
the buyer and seller in the open market in the usual and ordinary course of lega
l trade and competition b. The price and value of the article established or sho
wn by sale, public or private, in the ordinary way of business c. The fair value
of property as between one who desires to purchase and one who desires to sell
d. The current price e. The general or ordinary price for which property may be
sold in that locality Point of reference for valuating a piece of property Gener
al rule: the value must be that as of the time of the filing of the complaint fo
r expropriation Exception: when the taking comes later than the time of taking a
. Value of the property has increased because of the use to which the expropriat
or has put itthen it will be at the time of the taking b. Value increased indepen
dently of what the expropriator didthen the value is that of the later filing of
the case But: in a long line of cases, the SC ruled that compensation for proper
ty expropriated must be determined as of the time of the expropriating authority
takes possession thereof and not as of the institution of the proceedings. Repu
blic v. Sarabia Determination of just compensation Trial by commissioners is a s
ubstantive right which a judge may not dispense with. Manila Electric Co. v. Pin
eda May entry be made by the expropriator prior to actual payment? Yes. Actual p
ayment is unnecessary provided that a certain and adequate remedy is provided by
which the owner can obtain compensation without unreasonable delay. Manila Rail
road Co. v. Paredes Under the Rules of Court, entry may be made by the condemnor
after the deposit with the court of a preliminary amount determined by the judg
e. PD 42 removed the discretion of the court in determining provisional value. W
hat is to be deposited is an amount equivalent to the assessed value for taxatio
n purposes. No hearing is required for that purpose. All that is required is not
ice to the owner of the property sought t be condemned. NPC v. Judge Jocson Subj
ect to judicial review 1. The adequacy of the compensation 2. The necessity of t
he taking; and 3. The public use character of the purpose of the taking Limitation
s on judicial review When land is expropriated for subdivision and resale for so
cial justice purposes directly by the legislature and not through an inferior ag
ency of the state, the necessity and public purpose of the taking are not subjec
t to judicial review. Essential requisites for a local government unit to validl
y exercise eminent domain Pursuant to Sec. 19 of the Local Government Code 1. An
ordinance is enacted by the local legislative council authorizing the local chi
ef executive, in behalf of the LGU, to exercise the power of eminent domain or p
ursue expropriation proceedings over a particular private property 2. The power
of eminent domain is exercised for public use, purpose or welfare, or for the be
nefit of the poor and the landless 3. There is payment of just compensation
4. A valid and definite offer has been previously made to the owner of the prope
rty sought to be expropriated, but said offer was not accepted Limitations on th
e eminent domain powers of local government 1. The order of priority in acquirin
g land for socialized housingprivate lands rank last in the order of priority for
purposes of socialized housing 2. The resort to expropriation proceedings as a
means to acquiring itmay be resorted to only after the other modes of acquisition
are exhausted Cases/Doctrines The right of eminent domain cannot be limited by
EO 132, which requires prior negotiation for purchase or donation, since it is p
urely administrative for the guidance only of executive officers. It cannot be c
onsidered a condition precedent for expropriation for thus it would be an uncons
titutional limitation of the inherent right of eminent domain. Republic v. Juan
The acquisition of mere right of way is an exercise of the power of eminent doma
in since it perpetually deprives defendants of their property rights. NPC v. Sps
. Misericordia When one or more of these property interests are appropriated and
applied to some public purpose, there is already compensable taking even if the
bare title to the property still remains with the private owner. US v. Causby I
f it is patrimonial property of the municipality, that is, property acquired by
the municipality with its private funds in its corporate or private capacity, co
mpensation is required. However, if it is any other property such as public buil
dings or legua communal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will. If the expropriator doe
s not use the property for a public purpose but sells it to a private user, the
property reverts to the owner in fee simple. Heirs of Moreno v. Mactan-Cebu Inte
rnational Airport Expropriation for socialized housing satisfies the public use re
quirement. For this purpose, the determinative element is not the size of the la
nd to be expropriated but the number of people to be benefited. Sumulong v. Guer
rero Under RA 8974, the government must make a direct payment (not just a deposi
t) of the proffered value of the property before it can enter and exercise propr
ietary rights. Republic v. Judge Gingoyon Expropriation lies only when it is mad
e necessary by the opposition of the owner to the sale or by the lack of any agr
eement as to price. Where there is a valid and subsisting contract, between the
owners of the property and the expropriating authority, there is no reason for t
he expropriation. Noble v. City of Manila Section 10: No law impairing the oblig
ation of contracts shall be passed. To fall within the prohibition 1. the change
must impair the obligation of the existing contracts, and 2. the impairment mus
t be substantial Substantial impairment A law which changes the terms of a legal
contract between parties, either in the time or mode of performance, or imposes
new conditions, or dispenses with those expressed, or authorizes for its satisf
action something different from that provided in its terms; hence, it is null an
d void. Clemons v. Nolting This limitation is addressed to The exercise of legis
lative or quasi-legislative power and not on the exercise of judicial or quasi-j
udicial power. Hierarchies With respect to private contracts, the question about
the power to tax is irrelevant because a tax law does not alter the relation be
tween the parties. With respect to public contracts, the answer is NO because ju
st as the state cannot contract away its police power so also it cannot contract
away its power to tax. As to freedom of religion, the Court ruled that the free
exercise of religion is superior to contract rights.
Roan Salanga I-A
Consti II
Page 17 of 31
Cases/Doctrines A mere change in procedural remedies which does not change the s
ubstance of a contract and which at the same time still leaves an efficacious re
medy for enforcement does not impair the obligation of contracts. Manila Trading
v. Reyes Not all impairment of the substance of a contract is violative of the
Constitution especially if it is in pursuance of the valid exercise of police po
wer. Rutter Estaban The clause protects contracts with the government or public
contracts. Franchises are contracts and therefore are covered by the clause. A r
ehabilitation plan approved by statute which merely suspends the actions for cla
ims does not violate the contract clause. It is a different matter, however, if
the amount of rental is changed. The amount of rental is an essential condition
of any lease contract. Needless to state, the change of its rate in the Rehabili
tation Plan is not justified as it impairs the stipulation between the parties.
Timber licenses, permits and license agreements are the principal instruments by
which the State regulates the utilization and disposition of forest resources t
o the end that public welfare is promoted. They are not deemed contracts within
the purview of the due process of law clause. Section 11: Free access to the cou
rts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty. Significance This constitutional provision i
s the basis for the provision of Sec. 17 Rule 5 of the New Rules of Court allowi
ng litigation in forma pauperis. Those protected include low paid employees, dom
estic servants and laborers. Indigent persons Persons who have no property or sour
ces of income sufficient for their support aside from their own labor through se
lfsupporting when able to work and in employment. Cabangis v. Almeda Lopez Cases
/Doctrines Contrary to earlier rule, an appellate court may entertain a petition
to litigate as a pauper. Justice Black: there is no meaningful distinction betw
een a rule which would deny the poor the right to defend themselves in a trial c
ourt and one which effectively denies the poor an adequate appellate review acco
rded to all who have money enough to pay the costs in advance. Such a denial ia
a misfit in a country dedicated to affording equal justice to all and special pr
ivileges to none in the administration of its criminal law. There can be no equa
l justice where the kind of trial a man gets depends on the amount of money he h
as. Section 12: 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 co
mpetent and independent counsel preferably of his own choice. If the person cann
ot afford the services of counsel, he must be provided with one. These rights ca
nnot be waived except in writing and in the presence of counsel. No torture, for
ce, violence, threat, intimidation or any other means which vitiates the free wi
ll shall be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited. Any confession or admission
obtained in violation of this or section 17 hereof shall be inadmissible in evid
ence against him. The law shall provide for penal and civil sanctions for violat
ions of this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families. Rights of a person under inve
stigation 1. Right to remain silent 2. Right to competent and independent counse
l preferably of his own choice 3. The right to be informed of such rights
Roan Salanga I-A
Consti II
Page 18 of 31
Reason for the rights To prevent psychological, if not physical, atmosphere of c

ustodial investigations, in the absence of proper safeguards Scope of the rights
Extends only to testimonial compulsion and not when the body of the accused is
proposed to be examined Availability of the rights These rights begin to be avai
lable where the investigation is no longer a general inquiry into an unsolved cri
me but has begun to focus on a particular suspect, the suspect has been taken in
to police custody, the police carry out a process of interrogation that lends it
self to eliciting incriminating statements. Escobedo v. Illinois Available after
a person has been taken into custody or otherwise deprived of his freedom of act
ion in any significant way. People v. Loveria Custodial investigation Any questi
oning initiated by law enforcement officers after a person has been taken into c
ustody or otherwise deprived of his freedom of action in any significant way. It
also extends to the practice of issuing an invitation to a person who is investig
ated in connection with an offense he is suspected to have committed, without pr
ejudice to the liability of the inviting officer for any violation of law. Circums
tances not covered by the rights a. Persons under preliminary investigations or
those already charged in court for a crime for these are already under the super
vision of a court b. Police line-up c. Voluntary admission or surrender where on
e presents himself to the police to surrender d. Verbal confessions to a radio a
nnouncer or to media, private persons, public officials who are not law enforcer
s e. Investigation by an administrative bodybecause such inquiries are conducted
merely to determine whether there are facts that merit disciplinary measure agai
nst the erring public officers or employees, with the purpose of maintain the di
gnity of government service f. Spontaneous statements even when under police cus
tody g. Paraffin test Right to be informed of his rights It must be presumed to
contemplate the transmission of a meaningful information rather than just the ce
remonial and perfunctory recitation of an abstract constitutional principle. Peo
ple v. Ramos Right to Counsel attaches Upon the start of an investigation, i.e.
when the investigating officer starts to ask questions to elicit information and
/or confessions or admissions from the respondent/accused. Gamboa v. Judge Cruz
When is a lawyer provided by the investigators deemed engaged by the accused? Wh
en the accused never raised any objection against the appointment during the cou
rse of the investigation and the accused thereafter subscribes to the veracity o
f his statement before the swearing officer. People v. Jerez Lawyers who are not
deemed independent counsel a. Special counsel, public or private prosecutor, mu
nicipal attorney or counsel of the police whose interest is admittedly adverse t
o the accused b. Mayor c. A barangay captain d. Any other whose interest may be
adverse to that of the accused Substantial compliance When an extrajudicial conf
ession is made, in the absence of a counsel, but where at the closing stage of t
he interrogation, counsel arrives and has the opportunity to read the statement
and discuss it with the client who subsequently signs it Legal effect of the vio
lation of these rights Any confession or admission obtained in violation of this
or Section 17 (provision against self-incrimination) hereof shall be inadmissib
le in evidence against him
Valid waiver of rights 1. Must be made in writing; and 2. In the presence of a c

ounsel Admission v. Confession Admission of a partythe act, declaration or omissi
on of party as to a relevant fact may be given in evidence against him. Sec. 26
of Rule 130 of Rules of Court Confessionthe declaration of an accused acknowledgi
ng his guilt of the offense charged, or of any offense necessarily included ther
ein, may be given in evidence against him. Sec. 33 of Rule 130 of Rules of Court
Wharton distinguishes a confession from an admission. A confession is an acknow
ledgment in express terms, by a party in a criminal case, of his guilt of the cr
ime charged, while an admission is a statement by the accused, direct or implied
, of facts pertinent to the issue and tending, in connection with proof of other
facts, to prove his guilt. In other words, an admission is something less than
a confession. People v. Maqueda Requisites for an extrajudicial confession to be
admissible in evidence 1. The confession must be voluntary 2. The confession mu
st be made with the assistance of a competent and independent counsel, preferabl
y of the confessants choice 3. The confession must be express, and 4. The confess
ion must be in writing 5. Signed, or if the confessant does not know how to read
and write, thumbmarked by him Reasons why torture, force, etc. are prohibited 1
. Because they vitiate truth 2. Because they are an assault on the dignity of th
e person Section 13: All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall, before conviction
, be bailable by sufficient sureties, or be released on recognizance as may be p
rovided 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.
Definition of Bail A mode short of confinement which would, with reasonable cer
tainty, insure the attendance of the accused at his trial Usually takes form of
a deposit of money or its equivalent as a guarantee if such attendance and which
deposit is forfeited upon failure to appear Definition of Recognizance An oblig
ation of record entered into before a court guaranteeing the appearance of the a
ccused for trial. It is in nature of a contract between the surety and the state
Reason for the award of bail to the accused 1. Honor the presumption of innocen
ce until his guilt is proven beyond reasonable doubt 2. Enable him to prepare hi
s defense without being subject to punishment prior to conviction Persons who ha
ve a constitutional right to bail General Rule: Available to all persons actuall
y detained Exception: those charged with offenses punishable by reclusion perpet
ua when evidence of guilt is strong, which must concur Persons who have no const
itutional right to bail 1. Those charged with an offense punishable by reclusion
perpetua, and 2. The evidence against him is strong When can the lost of the ri
ght to bail be determined? Only after hearing, since it is based on the nature o
f the offense and the quantum of evidence against him
Roan Salanga I-A
Consti II
Page 20 of 31
Under the custody of the law 1. When the person is arrested 2. When he has volun
tarily submitted himself to the jurisdiction of the court by surrendering to the
proper authorities Duties of the trial judge in case an application of bail is
filed 1. Notify the prosecutor of the hearing of the application for bail or req
uire him to submit his recommendation 2. Conduct a hearing of the application fo
r bail regardless of whether or not the prosecution refuses to present evidence
to show that the guilt of the accused is strong for the purpose of enabling the
court to exercise its sound discretion 3. Decide whether the evidence of guilt o
f the accused is strong based on the summary of evidence of the prosecution 4. I
f the guilt of the accused is not strong, discharge the accused upon the approva
l f the bail bond Meaning of strong evidence of guilt for purposes of denying bai
l a. Proof evident or Evident proofclear, strong evidence which leads a well-guard
ed dispassionate judgment to the conclusion that the offense has been committed
as charged, that accused is the guilty agent, and that he will probably be punis
hed capitally if the law is administered. b. Presumption great exists when the c
ircumstances testified to are such that the inference of guilt naturally to be d
rawn therefrom is strong, clear, and convincing to an unbiased judgment and excl
udes all reasonable probability of any other conclusion Life imprisonment v. Rec
lusion perpetua Life imprisonment a. Imposed for serious offenses penalized by s
pecial laws b. Does not carry accessory penalty c. Does not have any definite ex
tent or duration Reclusion perpetua a. Prescribed under the RPC b. Carries acces
sory penalty c. Incarceration for at least 30 years after which the convict beco
mes eligible for pardon Implicit limitations on the right to bail 1. The person
claiming the right must be under actual detention 2. The constitutional right is
available only in criminal cases, not, e.g., in deportation proceedings Factors
to be considered in determining the amount of bail 1. Ability of the accused to
give bail 2. Nature of the offense 3. Penalty for the offense charged 4. Charac
ter and reputation of the accused 5. Health of the accused 6. Character and stre
ngth of the evidence 7. Probability of the accused appearing in trial 8. Forfeit
ure of other bonds 9. Whether the accused was fugitive from justice when arreste
d 10. If the accused is under bond for appearance at trial in other cases Cases/
Doctrines Right to bail is not available to soldiers under court martial because
they are allowed the fiduciary right to bear arms and can therefore cause great
havoc. Comendador v. de Villa Extradition is not a criminal proceeding. Hence,
a respondent in an extradition proceeding is not entitled to bail. US v. Judge P
uruganan Bail cannot be excessive for if so, it can amount to a denial of bail.
De la Camara v. Enage A person may be prevented from leaving the country as a ne
cessary consequence of the admission of bail. A bail bond is intended to make a
person available any time he is needed by the court. Manotoc v. CA
Section 14: 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 inn
ocent until the contrary is proved, and shall enjoy the right to be heard by him
self and counsel, to be informed of the nature and cause of the accusation again
st him, to have a speedy, impartial, and public trial, to meet the witnesses fac
e to face, and to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable. Due process in crimin
al cases The procedure established by law must be followed Satisfaction of the d
ue process requirement in criminal cases Accused is informed as to why he is pro
ceeded against and what charge he has to meet, with his conviction being made to
rest on evidence that is not tainted with falsity after full opportunity for hi
m for rebutting it and the sentence being imposed in accordance with law, where
it is assumed that the court that rendered the decision is one of competent juri
sdiction. Nunez v. Sandiganbayan Cases/Doctrines under due process A judge who r
eplaces another judge may validly render a decision although he has only partly
heard the testimony of witnesses. People v Narajos Since administrative agencies
are not bound to follow the rules of criminal procedure, they may not impose cr
iminal penalties. Soctys Department Store v. Micaller To warrant a finding of pre
judicial publicity, there must be allegation and proof that the judges have been
unduly influenced, not simply that they might be, by the barrage of publicity.
Webb v. de leon Generally, the SC has no supervisory authority over military cou
rts. However, the SC may review decisions of the Court of Military Appeals. Busc
ayno & Sison v. Military Commission A military commission or tribunal cannot try
and exercise jurisdiction, even during the period of martial law, over civilian
s for offenses allegedly committed by them as long as the civil courts are open
and functioning. Olaguer v. Military Commission Presumption of innocence Its pri
ncipal effect is that no person shall be convicted unless the prosecution has pr
oved him guilty beyond reasonable doubt. The burden of proof to establish the gu
ilt of the accused is with the prosecution. US v. Luling Cases/Doctrines under p
resumption of innocence Sec. 4 of BP 52, which states that filing of charges for
the commission of such crimes before a civil court or military tribunal after pr
eliminary investigation shall be prima facie evidence of such fact, is violative
of the guarantee of presumption of innocence. Dumlao v. Comelec Preventive suspe
nsion pendent lite does not violate the right to be presumed innocent because it
is not a penalty. Gonzaga v. Sandiganbayan There is no constitutional objection
to a law providing that the presumption of innocence may be overcome by a contr
ary presumption founded upon the experience of human conduct, and enacting what
evidence shall be sufficient to overcome such presumption of innocence, such as
prima facie evidences. People v. Mingoa Elements of the right to be heard 1. The
right to be present at the trial 2. The right to counsel 3. The right to an imp
artial judge 4. The right of confrontation 5. The right to compulsory process to
secure the attendance of witnesses
Scope of the right to be present at the trial It covers only the period from arr
aignment to promulgation of sentence, however, it has been modified by Section 1
4(2) that after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear is un
justifiable. Conditions for waiver of the right to be present at the trial 1. Aft
er arraignment, he may be compelled to appear for the purpose of identification
by the witnesses of the prosecution 2. Provided he unqualifiedly admits in open
court after his arraignment that he is the person named as the defendant in the
case on trial Requisites of a valid trial in absentia 1. The accused has already
been arraigned 2. He has been duly notified of the trial; and 3. His failure to
appear is unjustifiable Reason for allowing trial in absentia To speed up the d
isposition of criminal cases Reason for the right to counsel of the accused To p
rotect himself when brought before a tribunal with power to take his life or lib
erty, wherein the prosecution is represented by an experienced and learned couns
el. Johnson v. Zerbst Duties of the trial judge at the pre-arraignment 1. Inform
the accused that he has a right to a counsel before arraignment 2. Ask the accu
sed if he desires the aid of counsel 3. If the accused desires counsel, but cann
ot afford one, a counsel de oficio must be appointed 4. If the accused desires t
o obtain his own counsel, the court must give him a reasonable time to get one C
ases/Doctrines under the right to counsel The duty of the court to appoint a cou
nsel de oficio for the accused who has no counsel of choice and desires to emplo
y the services of one is mandatory only at the time of arraignment. No such duty
exists where the accused has proceeded to arraignment and then trial with a cou
nsel of his own choice. Libuit v. People When the accused discovered, after conv
iction, that his lawyer was not a member of the bar, he was granted a new trial
for he has a right to a qualified counsel. Delgado v. CA There is no denial of t
he right to counsel where a counsel de oficio was appointed during the absence o
f the accuseds counsel de parte, pursuant to the courts desire to finish the case
early as practicable under the continuous trial system. People v. Larranaga A pe
rson may not be denied the right to confer with counsel even in times of emergen
cy. Diokno v. Enrile Purpose of the Right to be informed 1. To enable the accuse
d to make his defense based on the description of the charge against him 2. To a
vail himself of his conviction or acquittal for protection against a further pro
secution for the same cause 3. To inform the court of the facts alleged, so that
it may decide whether they are sufficient in law to support a conviction, if on
e should be had Scope of the right to be informed The complaint must contain a s
pecific allegation of every fact and circumstance necessary to constitute the cr
ime charged. Hence, facts must be stated and not conclusions of law to satisfy t
his right. A criminal information, to satisfy the right of the accused to be inf
ormed, must contain 1. The name of the accused 2. The designation given to the o
ffense by the statute 3. A statement of the acts or omission so complained of as
constituting the offense 4. The name of the offended party 5. The approximate t
ime and fate of the commission of the offensehence, the precise time is not essen
tial 6. The place where the offense had been committed
Factors to consider if the right to speedy trial has been violated 1. Length of
the delay 2. Reason of the delay 3. Effort of the defendant to assert his right
4. Prejudice caused to the defendant When does the delay start? One begins to co
unt the delay of the trial only after the filing of the information. Moreover, t
he delay contemplated here is unreasonable delay. Martin v. General Fabian Remed
y for violation of the right to speedy trial The accused is entitled to dismissa
l of the case through mandamus, and, if he is under detention, to release by hab
eas corpus. Dismissal here is equivalent to an acquittal and is a bar to another
prosecution for the same offense. Right to a public trial A trial is public whe
n attendance is open to all, irrespective of relationship to defendants. Excepti
on to a right to a public trial When the evidence to be presented is characteriz
ed as offensive to decency or public morals, the proceeding may be limited to frie
nds, relatives and counsel. Purpose of the right to a public trial To serve as a
safeguard against any attempt to employ our courts as instruments for persecuti
on. Garcia v. Domingo Where the arraignment and hearing were not held in court,
the right to a public trial is violated when 1. The public was excluded 2. The a
ccused was prejudiced 3. The accused objected during the trial Purpose of the ri
ght of confrontation or the right to meet witness face to face 1. To afford the
accused an opportunity to test the testimony of the witness by cross examination
2. To allow the judge to observe the deportation or demeanor of the witness Exc
eptions to the right of confrontation 1. Admissibility of dying declarations 2. Tr
ial in absentia Cases/Doctrines under the right of confrontation Affidavit execu
ted by a witness may not be admitted in evidence if the witness is not produced
in court. People v. Ramos Extra-judicial statements of an accused implicating an
other cannot be used against the latter. People v. de la Cruz Under Sec. 5 of Ru
le 112, an accused is not entitled as a matter of right to be present during the
preliminary examination nor to cross-examine the witnesses presented against hi
m before his arrest, the purpose of said examination being merely to determine w
hether or not there is sufficient reason to issue a warrant of arrest. Marinas v
. Siochi Compulsory process An additional requirement to the one laid down in th
e 1935 version is the right to have compulsory process, not only to secure the a
ttendance of witnesses in his behalf, but also, to secure the production of evid
ence in his behalf. Presumption in the matter of waiver of a constitutional righ
t The presumption is always against the waiver. The prosecution must prove with
strongly convincing evidence to the satisfaction of this Court that indeed that
accused willingly and voluntarily submitted his confession and knowingly and del
iberately manifested.
Roan Salanga I-A
Consti II
Page 24 of 31
Section 15: The privilege of the writ of habeas corpus shall not be suspended ex
cept in cases of invasion or rebellion when the public safety requires it. Defin
ition of writ of habeas corpus A writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and plac
e, with the day and cause of his caption and detention, to do, submit to, and re
ceive whatever the court or judge awarding the writ shall consider in that behal
f Prime requisite for its availability Actual deprivation of personal liberty, h
owever, liberty may be lost not by physical compulsion alone. Freedom may be los
t due to external moral compulsion, to founded or groundless fear, to erroneous
belief in the existence of an imaginary power of an imposter to cause harm if no
t blindly obeyed, to any other psychological element that may curtail the mental
faculty of choice or the unhampered exercise of the will What is the privilege o
f the writ of habeas corpus? It is the right to have an immediate determination o
f the legality of the deprivation of physical liberty. Who suspends the privileg
e? The President When may the privilege be suspended? 1. Existence of actual inv
asion or rebellion; and 2. Public safety requires the suspension 3 faces of the
political question doctrines: (combination of all three) 1. Textual approachasks
the question: What does the letter of the constitution say?
When the law grants di
scretionary authority to a person to be exercised upon his opinion of certain fa
cts, he alone is the judge of the existence of those facts 2. Functional approac
hasks the question: Are we capable of resolving the problem posed?
The executive an
d legislative departments have the machinery for verifying the existence of thos
e facts whereas the courts do not 3. Prudential or political approachasks the que
stion: Aare there overriding consideration which prevent the Court from entering
the thicket? Interference by the courts in the decision can result in tying the h
ands of those charged with maintaining order Section 16: All persons shall have
the right to a speedy disposition of their cases before all judicial, quasi-judi
cial, or administrative bodies. Right to speedy disposition of cases v. Right to
speedy trial Right to speedy disposition of cases covers all phases (before, du
ring and after) of any judicial, quasi-judicial or administrative proceedings, w
hile the Right to speedy trial covers only the trial phase of criminal cases. Fa
ctors to be considered to know if the right has been violated 1. The length of d
elay 2. Reason for the delay 3. Assertion of the right or failure to assert it 4
. Prejudice caused by the delay Remedy for the violation of this right Dismissal
through mandamus Section 17: No person shall be compelled to be a witness again
st himself. Purpose of the guarantee against self-incrimination It was establish
ed on the grounds of a. Public policybecause if the party were required to testif
y, it would place the witness under the strongest temptation to commit the crime
of perjury; and b. Humanitybecause it would prevent the extorting of confessions
by duress.
Persons who are protected by this right Only natural persons When is a question
incriminating? Usually, a crime or a criminal act may contain two or more elemen
ts and that a question would have a tendency to incriminate, even if it tends to
elicit only one of said elements. The Right includes a right to refuse to testi
fy to a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by a witness. CJ Marshall What is covered by the right ag
ainst self-incrimination clause? The use of physical or moral compulsion to exto
rt communication from the witness, not an inclusion of his body in evidence, whe
n it may be material. US v. Tan Teng Kinds of proceedings where the right may be
asserted In any judicial or administrative proceeding or in any official govern
ment enquiry Time of availability of the right In criminal case, from the moment
he is asked to testify, ie, an accused has an absolute right to be silent in al
l stages of the proceedings, while, a person who is a witness but not an accused
may assert the right only when the incriminating question is asked Availability
of the right in administrative and civil proceedings If the nature of the penal
ty that may be imposed partakes the nature similar as that in criminal proceedin
gs, hence, penal in nature Cases/Doctrines Writing is something more than moving
the body, or the hand, or the fingers; writing is not a purely mechanical act,
because it requires the application of the intelligence and attention, and is th
us covered by the right against selfincrimination. Beltran v. Samson A corporate
officer may not prevent the production of corporate papers on the ground that t
hey may incriminate him personally. Production of such papers would not be selfincrimination but incrimination by the corporation. Hale v. Henkel A person may
not be compelled to produce private books and papers to be used against him. Com
pulsory production of private books and papers of the owner is compelling him to
be a witness against himself. Boyd v. US The privilege which exists as to priva
te papers, cannot be maintained in relation to records required by law to be kep
t in order that there may be suitable information of transaction which are the a
ppropriate subjects of governmental regulation and the enforcement of restrictio
ns validly established. Shapiro v. US Section 18: No person shall be detained so
lely by reason of his political beliefs and aspirations. No involuntary servitud
e in any form shall exist except as a punishment for a crime whereof the party s
hall have been duly convicted. Freedom of political belief A provision from the
French Constitution which says: No man is to be interfered with because of his op
inions, provided his avowal of them does not disturb public order or established
law. Definition of Involuntary Servitude Every condition of enforced, compulsory
service of one to another no matter under what form such servitude may be disgu
ised Exceptions to the rule against involuntary servitude 1. Imposed as a punish
ment for a crime whereof the party shall have been duly convicted 2. In the inte
rest of national defense, all citizens may be compelled by law to render persona
l military or civil service 3. A return-to-work order
Roan Salanga I-A
Consti II
Page 26 of 31
Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuma
n punishment inflicted. Neither shall death penalty be imposed, unless, for comp
elling reasons involving heinous crimes, the congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua. The e
mployment of physical, psychological, or degrading punishment against any prison
er or detainee, or the use of substandard or inadequate penal facilities under s
ubhuman conditions shall be dealt with by law. When is a penalty cruel, degrading
or inhuman? It must be flagrantly and plainly oppressive, wholly disproportionat
e to the nature of the offense as to shock the moreal sense of the community. Gu
ides for determining whether a punishment is cruel and unusual 1. A punishment mus
t not be so severe as to be degrading to the dignity of human beings 2. It must
not be applied arbitrarily 3. It must not be unacceptable to contemporary societ
y 4. It must not be excessive, i.e. it must serve a penal purpose more effective
ly than a less severe punishment would Reasons why the Constitution abolished th
e death penalty 1. It inflicts traumatic pains not just to the convict but also
on the family, even if the penalty is not carried out 2. There is no convincing
evidence that it acts effectively as a deterrent against the commission of serio
us offenses 3. Penology favors reformative rather than vindictive penalties 4. L
ife is too precious a gift to be placed at the discretion of human judge 5. The
law itself, by imposing so many safeguards before a death penalty is carried out
, manifests a reluctance to impose the death penalty Effects of RA 9346 a. It di
sallows imposition of the death penalty b. The review of death sentences first b
y the CA and next by the SC is now automatic and mandatory c. It may not be waiv
ed by the court nor by the accused d. But review of reclusion perpetua may be wa
ived Effect of the abolition of death penalty on application of penal laws It is
reduced to reclusion perpetua. It is reduced to only two grades, and not under
the three-grade-scheme, since the language of the provision does not abolish the
death penalty but merely prohibits its imposition. Requirement for the restorat
ion of the death penalty 1. It must be based on compelling reasons involving hei
nous crimes 2. The Congress must define or describe what is meant by heinous cri
mes 3. That Congress specify and penalize by death only crimes that qualify as h
einous in accordance with its definition Heinous crimes (RA 7659) Crimes are hei
nous for being grievous, odious and hateful offenses and which, by reason of the
ir inherent or manifest wickedness, viciousness, atrocity and perversity are rep
ugnant and outrageous to the common standards and norms of decency and morality
in a just, civilized and ordered society. Character of the death penalty in RA 7
659 It is not mandatory. In trial court or in automatic review, the Court must c
onsider certain facts before the death penalty may be imposed, and these are a.
Aggravating circumstances which attend the commission of the crime in accordance
with the RPC b. Other circumstances which attend the commission of the crime wh
ich indubitably characterize the same as heinous in contemplation of RA 7659 Whe
n is a fine excessive? It is excessive when, under any circumstance, it is disprop
ortionate to the offense.
Roan Salanga I-A
Consti II
Page 27 of 31
Custodial cruelties and inadequate penal facilities Courts in other jurisdiction

s have ordered the closure of substandard and outmoded penal institutions. All t
hese require judicial orders in the absence of implementing laws to provide dire
ct measures to correct violations of human rights or institute alterations in th
e operations and facilities of penal institutions Cases/Doctrines By making the
imposition of death penalty automatically reviewable and by allowing the possibi
lity of its restoration, implicitly admits that it is not be cruel and inhuman.
Article 6 of the ICCPR is interpreted as saying that State parties are not oblige
d to abolish the death penalty totally, they are obliged to limit its use and, i
n particular, to abolish it for other than the most serious crimes The Second Prot
ocol to the ICCPR aiming at the Abolition of the Death Penalty was neither signe
d nor ratified by the Philippines. Section 20: No person shall be imprisoned for
debt or non-payment of a poll tax. Explanation of the prohibition against impri
sonment for debt No person may be imprisoned for debt in virtue of an order in a
civil proceeding, either as a substitute for satisfaction of a debt or as a mea
ns of compelling satisfaction. But a person may be imprisoned as a penalty for a
crime arising from a contractual debt and imposed in a proper criminal proceedi
ng, it is referred to as fraudulent debt. Meaning of debt Any liability to pay mon
ey growing out of a contract, express or implied Definition of poll tax Historical
ly, it is a cedula which is used for purposes of identification Now, it is a tax
the payment of which is made a requirement for the exercise of the right of suf
frage. The imposition of poll tax, in this sense, is prohibited by Art. 5 Sec. 1
which disallows literacy, property, or other substantive requirement for the exer
cise of suffrage Section 21: No person shall be twice put in jeopardy of punishm
ent for the same offense. If an act is punished by a law and an ordinance, convi
ction or acquittal under either shall constitute a bar to another prosecution fo
r the same act. Requisites for a valid defense of double jeopardy 1. A first jeo
pardy must have attached prior to the second 2. The first jeopardy must have ter
minated 3. The second jeopardy must be for the same offense as that in the first
Jeopardy attaches 1. Upon a good indictment or under a complaint or information
sufficient in form and substance to sustain a conviction 2. Before a competent
court 3. After arraignment 4. After a valid plea First jeopardy terminates 1. By
acquittal 2. By final conviction 3. By dismissal without express consent of the
accused 4. By dismissal on the merits Exceptions to the general rule that dismiss
al or termination of the case after arraignment and plea to a valid information
shall be a bar to another prosecution (no double jeopardy) 1. If the dismissal i
s made upon motion, or with the express consent, of the defendant/accused 2. The
dismissal is not an acquittal or based upon consideration of the evidence or of
the merits of the case
Roan Salanga I-A
Consti II
Page 28 of 31
3. The question to be passed upon by the appellate court is purely legal so that
should the dismissal be found incorrect, the case would have to be remanded to
the court of origin for further proceedings, to determine the guilt or innocence
of the defendant Circumstances when double jeopardy does not attach a. If infor
mation does not charge any offense b. If, upon pleading guilty, the accused pres
ents evidence to mitigate, exempt or justify him, and the court thereafter acqui
ts him without entering a new plea of not guilty c. If the information for an of
fense cognizable by the RTC is filed with the MTC, hence, no competent jurisdict
ion d. If a complaint filed for preliminary investigation is dismissed Examples
of termination of jeopardy a. Dismissal based on violation of the right to a spe
edy trial where this amounts to acquittal b. Dismissal based on a demurrer of ev
idence where it is a dismissal based on the merits c. Dismissal based on motion
of the prosecution, subsequent to a motion for reinvestigation filed by the accu
sed d. Discharge of an accused to be a state witness which amounts to an acquitt
al Decisions by military tribunals Under military law, a decision of a military
tribunal, be it of acquittal or of conviction, or dismissal, is merely recommend
atory and subject to review by the convening authority, the review boards, and t
he reviewing authority. A military commission acts merely as a commissioner who
takes the evidence and reports thereon with his recommendation. Any form of reco
mmendation made by the commission does not amount to the termination of the case
. Flores v. Enrile When is the second offense charged the same as the first offe
nse? The Same Evidence Test: whether the evidence needed in the one case will su
pport a conviction in the other (general sense) By virtue of Sec. 9 of Rule 117
of the Rules of Court (definition of same offense) a. whether one offense is ident
ical with the other b. whether it is an attempt or frustration of the other c. w
hether one offense necessarily includes or is necessarily included in the other
Exceptions to the requirement of sameness of offense 1. When one act violates tw
o different statutes or two different provisions of a statute, prosecution under
one is not a bar to prosecution under the other. People v. Cabrera 2. Superveni
ng facts Supervening facts a. When the second offense was not in existence at th
e time of the first prosecution, for the simple reason that in such a case, ther
e is no possibility for the accused, during the first prosecution, to be convict
ed for an offense that was then inexistent b. Where after the first prosecution,
a new fact supervenes for which the defendant is responsible, which changes the
character of the offense and together with the facts existing at the time, cons
titute a new and distinct offense, there is no double jeopardy c. The graver off
ense developed due to a supervening fact arising from the same act or omission c
onstituting the former charge. d. The facts constituting the graver offense beca
me known or were discovered only after the filing of the former information. e.
The plea of guilty to the lesser offense was made without the consent of the fis
cal and the offended party. Finality of judgment A judgment of acquittal is imme
diately final. A judgment of conviction is final when the period for appeal has
elapsed or when the sentence has been totally or partially served or when the de
fendant has expressly waived his right to appeal.
Roan Salanga I-A
Consti II
Page 29 of 31
Effect of appeal by the accused/defendant The accused waives his right to plead
double jeopardy. The whole case will be open to review by the appellate court. S
uch court may even increase the penalties imposed on the accused by the trial co
urt. Cases/Doctrines Dismissal for denial of the right to a speedy trial is a di
smissal on the merits and amounts to an acquittal. But when upon examination of
the facts and the court find that the delays were justifiable and the dismissal
was upon the instance of the accused, there is no double jeopardy. Almario v. CA
Verbal dismissal is not final until written and signed by the judge. Rivera Jr.
v. People The use of the word provisional, on the dismissal of the case based on
denial of the right to a speedy trial, does not change the legal effect of the d
ismissal. Esmena v. Pogoy When the dismissal of the case constitutes abuse of di
scretion amounting to lack of jurisdiction, the dismissal, even if made on the m
erits, is invalid and is therefore no bar to a reinstatement of the case. People
v. Pablo If the judgment of acquittal is void for having been given without jur
isdiction, the judgment cannot be a basis for a plea of double jeopardy. People
v. CA But if the facts could have been discovered by the prosecution but were no
t discovered because of the prosecutions incompetence, it would not be considered
as a supervening event. Section 22: No ex-post facto law or bill of attainder s
hall be enacted. Definition of ex-post facto law An ex post facto law has been d
efined as one 1. which makes an action done before the passing of the law, and w
hich was innocent when done, criminal, and punishes such action. 2. which aggrav
ates the crime or makes it greater than when it was committed. 3. which changes
the punishment and inflicts a greater punishment than that which the law annexed
to the crime when it was committed. 4. which alters the legal rules of evidence
and receives less testimony than the law required at the time of the commission
of the offense in order to convict the accused. 5. which assumes to regulate ci
vil rights and remedies only BUT, in effect, imposes a penalty or deprivation of
a right, which, when done, was lawful. 6. which deprives a person accused of a
crime of some lawful protection to which he has become entitled such as the prot
ection of a former conviction or acquittal, or a proclamation of amnesty. Effect
of ex post facto law It only prohibits retrospectivity of penal laws, unless su
ch law may be favorable to the accused then it can have retroactive effect A law
is penal when a. it prescribes a criminal penalty imposable in a criminal trial
b. it prescribes a burden equivalent to a criminal penalty even if such burden
is imposed in an administrative proceeding Forfeiture proceedings a. in rem (civ
il)proceedings which do not involve the conviction of the wrongdoer for the offen
se charged b. in personam (criminal)indictment is presented before forfeiture Bil
l of pains and penalties An act which inflicts punishment less than death withou
t judicial trial Bill of Attainder A legislative act which inflicts punishment w
ithout judicial trial, whether it applies to named individuals or to easily asce
rtainable members of a group. It also includes bills of pains and penalties.
Roan Salanga I-A
Consti II
Page 30 of 31
Essential elements of a bill of attainder 1. There must be a law 2. The law impo
ses a penal burden on a named individual or easily ascertainable members of a gr
oup 3. The penal burden is imposed directly by the law without judicial trial Ca
ses/Doctrines RA 8249, which reverts the jurisdiction of the Sandiganbayan over
the Kuratong Baleleng case, pertains only to matters of procedure, and being mer
ely an amendatory statute it does not partake the nature of an ex post facto law
. Lacson v. Executive Secretary RA 1379, which provides forfeiture in favor of t
he State of any property illegally obtained by a public officer, partakes the na
ture of a penalty that is criminal or penal. Hence, it may not be given retroact
ive effect. Katigbak v. Sol-Gen A law on criminal procedure can be an ex post fa
cto law if it alters the legal rules of evidence or mode of trial, unless the ch
anges operate only in a limited an unsubstantial manner to the disadvantage of t
he accused. Beazell v. Ohio A law requiring every lawyer who wishes to continue
the practice of law to take the oath that he or she has not committed an act of
disloyalty to the Philippine government is a bill of attainder. Depriving a pers
on of the right to practice a profession is a penalty, and when this is imposed
by the legislature without trial, there is a violation of the prohibition agains
t bills of attainder. Cummings v. Missouri
Roan Salanga I-A
Consti II
Page 31 of 31

Bill of Rights Reviewe3

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Bill of Rights Reviewe3

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BILL OF RIGHTS Section 1: No person shall be deprived of life, liberty or propert

Regulation against private property which constitutes a permanent deprivation of

d. Deposit is subject of litigation e. In cases of unexplained wealth as held in

Particularity of description Written correspondence: there should be no inconven

Meaning of the non-establishment clause The State cannot a. set up a church b. p

Meaning of the Free Exercise of Religion Embraces 2 concepts: 1. Freedom to beli

Rights guaranteed 1. Right to information on matters of public concern 2. The co

Reason for the rights To prevent psychological, if not physical, atmosphere of c

Valid waiver of rights 1. Must be made in writing; and 2. In the presence of a c

Custodial cruelties and inadequate penal facilities Courts in other jurisdiction

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