ARTICLE III BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty

or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Definition of Police Power:
1)
Power vested in the legislature
2)
By the Constitution
3)
To make, ordain, and establish
4)
All manner of wholesome and reasonable laws,
statutes, and ordinances
5)
Either with penalties or without
6)
Not repugnant to the constitution
7)
As they shall judge to be for the good and
welfare of the commonwealth and of the subjects of
the same.
Aspects of Due Process:
1. Procedural due process refers to the mode of
procedure which government agencies must
follow in the enforcement and application of
laws.
2. Substantive due process prohibition against
arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and
opportunity to be heard before judgment is
rendered affecting ones person or property
(Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it
varies with the subject matter and the
necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
1.

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 notice and
an opportunity to be heard.
4. Judgment must be rendered upon a
lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right
to present ones case and submit evidence in
support thereof.
2. The tribunal must consider the evidence
presented.
3. The decision must have something to support
itself.
4. Evidence supporting the conclusion must
be substantial.

5.

The decision must be based on the evidence

presented at the hearing or at least contained in
the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must
act on its or his own independent consideration
of the law and facts of the controversy, and not
simply accept the views of a subordinate in
arriving at a decision.
7. The board or body should, in all controversial
questions, render its decision in such a manner
that the parties to the proceeding can know the
various issues involved and the reasons for the
decision rendered.
Note:
1. What is required is not actual hearing, but a
real opportunity to be heard.
2. The requirement of due process can be
satisfied by subsequent due hearing.
3. Violation of due process: when same person
reviews his own decision on appeal.
4. Notice and hearing are required in judicial and
quasi-judicial proceedings, but not in the
promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A
In A D P
1. The student must be informed in writing of the
nature and cause of any accusation against
them.
2. The student shall have the right to answer the
charges against him, with the assistance of
counsel if desired.
3. The student has the right to be informed of the
evidence against him.
4. The student has the right to adduce evidence in
his own behalf.
5. The evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the
case.
6. The penalty imposed must be proportionate to
the offense.
Note:
1. The school has a contractual obligation to
afford its students a fair opportunity to complete
the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic
standard.
5. Proceedings in student disciplinary cases may
be summary; cross-examination is not essential
Instances when hearings are NOT necessary:
1. When administrative agencies are exercising
their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.

5.

Removal of temporary employees in the

government service.
6. Issuance of warrants of distraint and/or levy by
the BIR Commissioner.
7. Cancellation of the passport of a person
charged with a crime.
8. Issuance of sequestration orders (considered a
provisional remedy).
9. Judicial order which prevents an accused
from travelling abroad in order to maintain the
effectivity of the courts jurisdiction.
10. Suspension of a banks operations by the
Monetary Board upon a prima facie finding of
liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement
of substantive due process and has to be
observed even in administrative and quasijudicial bodies.
2. The right to appeal is a statutory privilege that
may be exercised only in the manner in
accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as
distinguished from those of a particular class,
requires the interference by the government and
2. The MEANS employed are necessary for the
accomplishment of the purpose and not unduly
oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any
statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public
policy
6. Must not be unreasonable
When is a law VAGUE?
1.
2.

When it lacks COMPREHENSIBLE STANDARDS

That men of ordinary intelligence must
necessarily GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law
The equality that it guarantees is legal equality or the
equality of all persons before the law. It does not
demand absolute equality. It merely requires that all
persons shall be treated alike, under like
circumstances and conditions both as to privileges
conferred and liabilities enforced.
Requisites for valid classification for purposes of the
equal protection clause
The classification must:

CODE: SGEE

1.
2.
3.
4.

Rest on SUBSTANTIAL DISTINCTIONS

Be GERMANE to the purposes of the law
Not limited to existing conditions only
APPLY EQUALLY to all members of the SAME
CLASS.

Section 2. The right of the people to be secure in their

persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the
judge after examination under oath or affirmation of
the complainant and the witnesses he may produce,
and particularly describing the place to be searched
and the person or things to be seized.
General Rule: Search and seizures are unreasonable
unless authorized by a validly issued search warrant or
warrant of arrest
Requisites for a valid warrant:
CODE:
P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined
personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the
complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the
place to be searched and person or things to be
seized.
Definition of PROBABLE CAUSE
For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances
which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by
the person sought to be arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and
circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been
committed and that the objects sought in connection
with the offense are in the place to be searched.
Note: Probable cause for the issuance of a search
warrant does NOT require that the probable guilt of a
specific offender be established, unlike in the case of
a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY
BY THE JUDGE
The judge is NOT required to personally examine the
complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility

of the issuing judge to satisfy himself of the existence

of probable cause (Soliven v. Makasiar, 167 SCRA 394).

of Rights that the things to be seized be particularly

described.

To be sure, the Judge must go beyond the prosecutors

certification and investigation report whenever
necessary (Lim v. Felix).

VALID WARRANTLESS SEARCH

1. Search made as an incident to lawful arrest
1. An officer making an arrest may take from the
person arrested:
1.
Any money or property found upon his
person which was used in the commission
of the offense or
2.
Was the fruit thereof or
3.
Which might furnish the prisoner with
the means of committing violence or
escaping or
4.
Which may be used in evidence in the
trial of the case
1. The search must be made simultaneously with
the arrest and it may only be made in the area
within the reach of the person arrested

Procedure:
1. The judge personally evaluates the report and
supporting documents submitted by the fiscal
regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest or
2. If on the basis thereof, the judge 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
the conclusion as to the existence of probable
cause.
Examination UNDER OATH OR AFFIRMATION OF THE
COMPLAINANT AND WITNESSES
1. The oath required must refer to the truth of
the facts within the personal knowledge of the
complainant or his witnesses because the
purpose is to convince the judge of the existence
of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to
warrant the issuance of a search warrant is
whether it has been drawn in such a manner that
perjury could be charged thereon and affiant be
held liable for the damages caused (Alvarez v.
CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly
describe the things to be seized when the
description therein is as specific as the
circumstances will ordinarily allow or
2. When the description expresses a conclusion
of fact not of law by which the warrant
officer may be guided in making the search and
seizure or
3. When the things described are limited to
those which bear a direct relation to the
offensefor which the warrant is being issued
(Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of
particularity of description if it contains a descriptio
personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any
specific acts or omissions constituting the offense
charged in the application for the issuance of the
warrant. It contravenes the explicit demand of the Bill

2. Search of moving vehicles

1. This exception is based on exigency. Thus, if
there is time to obtain a warrant in order to
search the vehicle, a warrant must first be
obtained.
2. The search of a moving vehicle must be based
on probable cause.
3. Seizure of goods concealed to avoid customs
duties/authorized under the Tariffs and
Customs Code
1. The Tariffs and Customs Code authorizes
persons having police authority under the Code
to effect search and seizures without a search
warrant to enforce customs laws.
2. Exception: A search warrant is required for the
search of a dwelling house.
3. Searches under this exception include searches
at borders and ports of entry. Searches in these
areas do not require the existence of probable
cause.
4. Seizure of evidence in plain view
1. To be a valid warrantless search, the articles
must be open to the eye and hand.
2. The peace officer comes upon them
inadvertently.

1.
1.
2.
3.
1.

2.

Waiver of right
Requisites of a valid waiver:
The right exists.
The person had actual or constructive
knowledge of the existence of such right.
There is an actual intention to relinquish such
right.
The right against unreasonable searches and
seizures is a personal right. Thus, only the
person being searched can waive the same.
Waiver requires a positive act from the person.
Mere absence of opposition is not a waiver.

3.

The search made pursuant to the waiver must

be made within the scope of the waiver.

Note:
1. Checkpoints: as long as the vehicle is neither
searched nor its occupants subjected to a body
search and the inspection of the vehicle is
limited to a visual search = valid search
(Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle
that can be quickly moved out of the locality or
jurisdiction
3. The 1987 Constitution has returned to the 1935
rule that warrants may be issued only by judges,
but the Commissioner of Immigration may order
the arrest of an alien in order to carry out a
FINAL deportation order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed,
is actually committing, or is about to commit an
offense in the presence of the arresting officer.
1. When an offense has in fact just been
committed and the arresting officer has personal
knowledge of facts indicating that the person to
be arrested has committed it.
1. When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.
1. Waiver of an invalid arrest:
When a person who is detained applies for bail, he is
deemed to have waived any irregularity which may
have occurred in relation to his arrest.
1.

Hot pursuit

A. The pursuit of the offender by the arresting officer

must be continuous from the time of the commission
of the offense to the time of the arrest.
B. There must be no supervening event which breaks
the continuity of the chase.
1.

Stop and frisk

When a policeman observes suspicious activity which

leads him to believe that a crime is about to be
committed, he can investigate the suspicious looking
person and may frisk him for weapons as a measure of
self-protection. Should he find, however, a weapon on
the suspect which is unlicensed, he can arrest such
person then and there for having committed an offense
in the officers presence.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon

lawful order of the court, or when public safety or

order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for any
purpose in any proceedings.
R.A. 4200 (Anti-Wiretapping Act)
1. The law does not distinguish between a party to
the private communication or a third person.
Hence, both a party and a third person could be
held liable under R.A. 4200 if they commit any of
the prohibited acts under R.A. 4200 (Ramirez v.
Ca)
1. The use of a telephone extension to overhear a
private conversation is not a violation of R.A.
4200 because it is not similar to any of the
prohibited devices under the law. Also, a
telephone extension is not purposely installed
for the purpose of secretly intercepting or
recording private communication. (Gaanan v.
IAC, 145 SCRA 112)
Types of communication protected:
Letters, messages, telephone calls, telegrams and the
like.
Exclusionary rule:
Any evidence obtained shall be inadmissible for any
purpose in any proceeding. However, in the absence of
governmental interference, the protection against
unreasonable search and seizure cannot be extended
to acts committed by private individuals. (People v.
Martin)
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
of the right of the people peaceably to assemble and
petition the government for redress of grievances.
What are considered protected speech:
Protected speech includes every form of expression,
whether oral, written, tape or disc recorded. It
includes motion pictures as well as what is known as
symbolic speech such as the wearing of an armband as
a symbol of protest. Peaceful picketing has also been
included within the meaning of speech.
Prohibitions under Section 4
1.
1.

Prohibition against PRIOR RESTRAINT

Prohibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraint

1.

Prior restraint means official governmental

restrictions on the press or other forms of
expression in advance of actual publication or
dissemination.
2. Examples/forms of prior restraint

1.
2.

movie censorship
judicial prior restraint = injunction
against publication
3.
license taxes based on gross receipts for
the privilege of engaging in the business
of advertising in any newspaper
4.
flat license fees for the privilege of
selling religious books
When prohibition does not apply
1.

During a war. Ex. Government can prevent

publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
2. Obscene publications.
Standards for allowable subsequent punishment
TEST CRITERION
1. Dangerous Tendency Test
There should be a RATIONAL CONNECTION
between the speech and the evil apprehended.
2. Clear and Present Danger Test
There should be a clear and present danger
that the words when used under such
circumstances are of such a nature as to create
a CLEAR AND PRESENT DANGER that they will
bring about the substantive evils that the State
has a right to prevent.
3. Balancing of Interests Test
The courts should BALANCE the PUBLIC
INTEREST served by legislation on one hand and
the FREEDOM OF SPEECH (or any other
constitutional right) on the other. The courts
will then decide where the greater weight
should be placed.
Freedom of Speech
The doctrine on freedom of speech was formulated
primarily for the protection of core speech, i.e.
speech which communicates political, social or
religious ideas. These enjoy the same degree of
protection. Commercial speech, however, does not.

3.

It is not more extensive than is

necessary to protect that interest.
(Central Hudson Gas and Electric Corp. v.
Public Service Commission of NY, 447 US
557)
Unprotected Speech
1.
LIBEL
1. FAIR COMMENT (U.S. Rule). These are
statements of OPINION, not of fact, and are not
considered actionable, even if the words used
are neither mild nor temperate. What is
important is that the opinion is the true and
honest opinion of the person. The statements
are not used to attack personalities but to give
ones opinion on decisions and actions.
1. OPINIONS. With respect to public personalities
(politicians, actors, anyone with a connection to
a newsworthy event), opinions can be aired
regarding their public actuations. Comment on
their private lives, if not germane to their public
personae, are not protected.
2.
1.
a.

b.

c.

2.
a.
b.
c.
d.
e.

Commercial Speech
1. A communication which no more than proposes
a commercial transaction.
1. To enjoy protection:
1.
It must not be false or misleading; and
2.
It should not propose an illegal
transaction.
1. Even truthful and lawful commercial speech
may be regulated if:
1.
Government has a substantial interest to
protect;
2.
The regulation directly advances that
interest; and

f.

OBSCENITY
Test for obscenity (Miller v. California)
Whether the average person, applying
contemporary community standards would find
that the work, taken as a whole, appeals to the
prurient interest.
Whether the work depicts or describes, in a
patently offensive way, sexual conduct,
specifically defined by law.
Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value.
Procedure for seizure of allegedly obscene
publications
Authorities must apply for issuance of search
warrant.
Court must be convinced that the materials are
obscene. Apply clear and present danger test.
Judge will determine whether they are in fact
obscene.
Judge will issue a search warrant.
Proper action should be filed under Art. 201 of
the RPC.
Conviction is subject to appeal.

Right of Assembly and Petition

1. The standards for allowable impairment of
speech and press also apply to the right of
assembly and petition.
1. Rules on assembly in public places:
1. Applicant should inform the licensing authority
of the date, the public place where and the time
when the assembly will take place.
1. The application should be filed ahead of time
to enable the public official concerned to
appraise whether there are valid objections to

the grant of the permit or to its grant, but in

another public place. The grant or refusal
should be based on the application of the Clear
and Present Danger Test.
1. If the public authority is of the view that there
is an imminent and grave danger of a substantive
evil, the applicants must be heard on the matter.
1. The decision of the public authority, whether
favorable or adverse, must be transmitted to the
applicants at the earliest opportunity so that
they may, if they so desire, have recourse to the
proper judicial authority.
1. Rules on assembly in private properties:
Only the consent of the owner of the property or
person entitled to possession thereof is required.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of
religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.

Requisites for government aid to be allowable:

1. It must have a secular legislative purpose;
2. It must have a primary effect that neither
advances nor inhibits religion;
3. It must not require excessive entanglement
with recipient institutions.
Section 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not be
impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in
the interest of national security, public safety or public
health, as may be provided by law.

Rights guaranteed under Section 6:

1. Freedom to choose and change ones place of
abode.
2. Freedom to travel within the country and
outside.

Curtailment of rights:
RIGHT MANNER OF CURTAILMENT

Clauses under Section 5

1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v.
Schempp, 374 US 203)
1. The non-establishment clause does not depend
upon any showing of direct governmental
compulsion. It is violated by the enactment of
laws which establish an official religion whether
those laws operate directly to coerce nonobserving individuals or not. The test of
compliance with the non-establishment clause
can be stated as follows: What are the purposes
and primary effect of the enactment? If either is
the advancement or inhibition of religion, the
law violates the non-establishment clause. Thus,
in order for a law to comply with the nonestablishment clause, two requisites must be
met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor
inhibits religion.
1. The free exercise of religion clause withdraws
from legislative power the exertion of any
restraint on the free exercise of religion. In
order to show a violation of this clause, the
person affected must show the coercive effect of
the legislation as it operates against him in the
practice of his religion. While the freedom to
believe (non-establishment) is absolute, the
moment such belief flows over into action, it
becomes subject to government regulation.

1. Liberty of abode
Lawful order of
the court and within the limits prescribed by law.
2. Right to travel
May be
curtailed even by administrative officers (ex. passport
officers) in the interest of national security, public
safety, or public health, as may be provided by law.
Note: The right to travel and the liberty of abode are
distinct from the right to return to ones country, as
shown by the fact that the Declaration of Human
Rights and the Covenant on Human Rights have
separate guarantees for these. Hence, the right to
return to ones country is not covered by the specific
right to travel and liberty of abode. (Marcos v.
Manglapus)
Section 7. The right of the people to information on
matters of public concern shall be recognized.

Rights guaranteed under Section 7

1. Right to information on matters of public
concern
2. Right of access to official records and
documents
Persons entitled to the above rights
Only Filipino citizens.
Discretion of government

The government has discretion with respect to the

authority to determine what matters are of public
concern and the authority to determine the manner of
access to them.
Recognized restrictions on the right of the people to
information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
Section 8. The right of the people, including those
employed in the public and private sectors, to form
unions, associations, or societies for purposes not
contrary to law, shall not be abridged.
The right to form associations shall not be impaired
without due process of law and is thus an aspect of the
right of liberty. It is also an aspect of the freedom of
contract. In addition, insofar as the associations may
have for their object the advancement of beliefs and
ideas, the freedom of association is an aspect of the
freedom of speech and expression, subject to the same
limitation.
The right also covers the right not to join an
association.
Government employees have the right to form unions.
They also have the right to strike, unless there is a
statutory ban on them.
Section 9. Private property shall not be taken for
public use without just compensation.
Who can exercise the power of eminent domain:
1)

The national government

1.
2.

Congress
Executive, pursuant to legislation enacted by
Congress

2)
Local government units, pursuant to an
ordinance enacted by their respective legislative
bodies (under LGC)
3)

Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain

necessary?
It is only necessary when the owner does not want or
opposes the sale of his property. Thus, if a valid
contract exists between the government and the

owner, the government cannot exercise the power of

eminent domain as a substitute to the enforcement of
the contract.
Elements of the power of eminent domain
1)

There is a TAKING of private property

2)

Taking is for PUBLIC USE

3)

Payment of JUST COMPENSATION

TAKING
A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary
period, i.e., it must be permanent
3. Entry is made under warrant or color of
legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a
way as to oust the owner and deprive him of the
beneficial enjoyment of his property.
B. Compensable taking does not need to involve all
the property interests which form part of the right of
ownership. When one or more of the property rights
are appropriated and applied to a public purpose,
there is already a compensable taking, even if bare
title still remains with the owner.
PUBLIC USE
1. Public use, for purposes of expropriation, is
synonymous with public welfare as the latter
term is used in the concept of police power.
1. Examples of public use include land reform and
socialized housing.
JUST COMPENSATION
1. Compensation is just if the owner receives a
sum equivalent to the market value of his
property. Market value is generally defined as
the fair value of the property as between one
who desires to purchase and one who desires to
sell.
2. The point of reference use in determining fair
value is the value at the time the property was
taken. Thus, future potential use of the land is
not considered in computing just compensation.
Judicial review of the exercise of the power of
eminent domain
1. To determine the adequacy of the
compensation
2. To determine the necessity of the taking
3. To determine the public use character of the
taking. However, if the expropriation is pursuant
to a specific law passed by Congress, the courts

cannot question the public use character of the

taking.

When rights are available:

1)

When municipal property is taken by the State:

Compensation is required if the property is a
patrimonial property, that is, property acquired by the
municipality with its private funds in its corporate or
private capacity. However, if it is any other property
such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants,
the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of
the filing of the complaint for expropriation.
Exception: When the filing of the case comes later
than the time of taking and meanwhile the value of
the property has increased because of the use to which
the expropriator has put it, the value is that of the
time of the earlier taking. BUT if the value increased
independently of what the expropriator did, then the
value is that of the latter filing of the case.
Section 10. No law impairing the obligation of
contracts shall be passed.
When does a law impair the obligation of contracts:
1)
If it changes the terms and conditions of a legal
contract either as to the time or mode of performance
2)
If it imposes new conditions or dispenses with
those expressed
3)
If it authorizes for its satisfaction something
different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does
not change the substance of the contract, and which
still leaves an efficacious remedy for enforcement
does NOT impair the obligation of contracts.
A valid exercise of police power is superior to
obligation of contracts.
Section 12. Rights of person under investigation for
the commission of an offense.
Rights of person under investigation for the
Commission of an offense CODE: SCISI
1)
Right to remain silent
2)
Right to have competent and independent
counsel, preferably of his own choice
3)
Right to provided with the services of counsel if
he cannot afford the services of one.
4)
Right to be informed of these rights.

AFTER a person has been taken into custody or

2)
When a person is otherwise deprived of his
freedom of action in any significant way.
3)
When the investigation is being conducted by the
government (police, DOJ, NBI) with respect to a
criminal offense.
4)

Signing of arrest reports and booking sheets.

When rights are not available:

1)
During a police line-up. Exception: Once there
is a move among the investigators to elicit admissions
or confessions from the suspect.
2)

During administrative investigations.

3)
Confessions made by an accused at the time he
voluntarily surrendered to the police or outside the
context of a formal investigation.
4)

Statements made to a private person.

Exclusionary rule
1)
Any confession or admission obtained in violation
of this section shall be inadmissible in evidence against
him (the accused).
2)
Therefore, any evidence obtained by virtue of an
illegally obtained confession is also inadmissible, being
the fruit of a poisoned tree.
Requisites of valid waiver:
1)

Waiver should be made in WRITING

2)
Waiver should be made in the PRESENCE OF
COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1)

All persons ACTUALLY DETAINED

2)

shall, BEFORE CONVICTION

3)

Be entitled to bail.

Who are not entitled to bail:

1)
Persons charged with offenses PUNISHABLE by
RECLUSION PERPETUA or DEATH, when evidence of
guilt is strong
2)
Persons CONVICTED by the trial court. Bail is
only discretionary pending appeal.

3)
Persons who are members of the AFP facing a
court martial.
Other rights in relation to bail.
1)
The right to bail shall NOT be impaired even
when the privilege of the writ of habeas corpus is
suspended.
2)

Excessive bail shall not be required.

Factors considered in setting the amount of bail:

1)

Ability to post bail

2)

Nature of the offense

3)

Penalty imposed by law

4)

Character and reputation of the accused

5)

Health of the accused

6)

Strength of the evidence

7)

Probability of appearing at the trial

8)

Forfeiture of previous bail bonds

9)
Whether accused was a fugitive from justice
when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual
detention or custody of the law.
2. The constitutional right is available only in
criminal cases, not, e.g. in deportation
proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional
liberty through recognizance.
Section 14. Rights of an accused
Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of
the accusation against him
5. Right to have a speedy, impartial and public
trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf
DUE PROCESS

This means that the accused can only be convicted by

a tribunal which is required to comply with the
stringent requirements of the rules of criminal
procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from
providing that proof of certain facts leads to a prima
facie presumption of guilt, provided that the facts
proved have a reasonable connection to the ultimate
fact presumed.
Presumption of guilt should not be conclusive.

RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

The right to be heard includes the following rights:
1. Right to be present at the trial
1. The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
1. After arraignment, trial may proceed
notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly
arraigned.
(i)

Accused has been duly notified; and

(ii)

His failure to appear is unjustifiable.

1.

The accused may waive the right to be present

at the trial by not showing up. However, the
court can still compel the attendance of the
accused if necessary for identification purposes.
Exception: If the accused, after arraignment, has
stipulated that he is indeed the person charged
with the offense and named in the information,
and that any time a witness refers to a name by
which he is known, the witness is to be
understood as referring to him.
1. While the accused is entitled to be present
during promulgation of judgement, the absence
of his counsel during such promulgation does not
affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE
REPRESENTATION.
(b) If the accused appears at arraignment without
counsel, the judge must:
(i) Inform the accused that he has a right to a
counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel

(iii) If the accused desires counsel, but cannot afford

one, a counsel de oficio must be appointed

Remedy of the accused if his right to speedy trial has

been violated

(iv) If the accused desires to obtain his own counsel,

the court must give him a reasonable time to get one.

He can move for the dismissal of the case.

3. Right to an impartial judge

If he is detained, he can file a petition for the issuance

of writ of habeas corpus.

4. Right of confrontation and cross-examination

Definition of impartial trial

5. Right to compulsory process to secure the

attendance of witnesses

The accused is entitled to the cold neutrality of an

impartial judge.

RIGHT TO BE INFORMED OF THE NATURE AND

CAUSE OF ACCUSATION AGAINST HIM
Purposes of the right:

It is an element of due process.

1)
To furnish the accused with a description of the
charge against him as will enable him to make his
defenses

The attendance at the trial is open to all irrespective

of their relationship to the accused. However, if the
evidence to be adduced is offensive to decency or
public morals, the public may be excluded.

2)
To avail himself of his conviction or acquittal
against a further prosecution for the same cause
3)

To inform the court of the facts alleged.

If the information fails to allege the material elements

of the offense, the accused cannot be convicted
thereof even if the prosecution is able to present
evidence during the trial with respect to such
elements.
The real nature of the crime charged is determined
from the recital of facts in the information. It is not
determined based on the caption or preamble thereof
nor from the specification of the provision of law
allegedly violated
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Factors used in determining whether the right to a
speedy trial has been violated.

Definition of public trial

The right of the accused to a public trial is not violated

if the hearings are conducted on Saturdays, either with
the consent of the accused or if failed to object
thereto.

RIGHT TO MEET WITNESS FACE TO FACE

Purposes of the right:
1. To afford the accused an opportunity to crossexamine the witness
2. To allow the judge the opportunity to observe
the deportment of the witness
Failure of the accused to cross-examine a witness
If the failure of the accused to cross-examine a witness
is due to his own fault or was not due to the fault of
the prosecution, the testimony of the witness should
be excluded.
When the right to cross-examine is demandable

1)

Time expired from the filing of the information

2)

Length of delay involved

It is demandable only during trials. Thus, it cannot be

availed of during preliminary investigations.

3)

Reasons for the delay

Principal exceptions to the right of confrontation

4)
Assertion or non-assertion of the right by the
accused
5)

Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation

of the accuseds right to speedy trial

1.
2.
3.

The admissibility of dying declarations

Trial in absentia under Section 14(2)
With respect to child testimony

Section 16. All persons shall have the right to a speedy

disposition of their cases before all judicial, quasijudicial, or administrative bodies.
Distinction between Section 14 and Section 16

If the dismissal is valid, it amounts to an acquittal and

can be used as basis to claim double jeopardy. This
would be the effect even if the dismissal was made
with the consent of the accused

While the rights of an accused only apply to the trial

phase of criminal cases, the right to a speedy

disposition of cases covers ALL phases of JUDICIAL,

QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Section 17. No person shall be compelled to be a
witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of
the accused or the witness would establish a fact
which would be a necessary link in a chain of evidence
to prove the commission of a crime by the accused or
the witness.
Distinction between an accused and an ordinary
witness
1. An accused can refuse to take the witness stand
by invoking the right against self-incrimination.
2. An ordinary witness cannot refuse to take the
stand. He can only refuse to answer specific
questions which would incriminate him in the
commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or
moral compulsion to extort communication from
the witness or to otherwise elicit evidence which
would not exist were it not for the actions
compelled from the witness.
2. The right does NOT PROHIBIT
the
examination of the body of the accused or the
use of findings with respect to his body as
physical evidence. Hence, the fingerprinting of
an accused would not violate the right against
self-incrimination. However, obtaining a sample
of the handwriting of the accused would violate
this right if he is charged for falsification.
3. The accused cannot be compelled to produce a
private document in his possession which might
tend to incriminate him. However, a third
person in custody of the document may be
compelled to produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is
liable to a penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to
the visitorial powers of the state in order to determine
compliance with the conditions of the charter granted
to them.
Section 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service
of one to another no matter under what form such
servitude may be disguised.

Exceptions:
1. Punishment for a crime for which the party has
been duly convicted
2. Personal military or civil service in the interest
of national defense
3. Return to work order issued by the DOLE
Secretary or the President
Section 19. Prohibition against cruel, degrading and
inhuman punishment
When is a penalty cruel, degrading and inhuman?
1. A penalty is cruel and inhuman if it involves
torture or lingering suffering. Ex. Being drawn
and quartered.
2. A penalty is degrading if it exposes a person to
public humiliation. Ex. Being tarred and
feathered, then paraded throughout town.
Standards used:
1. The punishment must 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
society
4. It must not be excessive, i.e. it must serve a
penal purpose more effectively than a less
severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is
disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be
convicted of the crime to which the punishment is
attached if the court finds that the punishment is
cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal
law.
Section 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
Definition of debt under Section 20
1)
Debt refers to a CONTRACTUAL obligation,
whether express or implied, resulting in any liability to
pay money. Thus, all other types of obligations are not
within the scope of this prohibition.
2)
Thus, if an accused fails to pay the fine imposed
upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and not
ex contractu.
3)
A FRAUDULENT debt may result in the
imprisonment of the debtor if:

1.

The fraudulent debt constitutes a crime such as

estafa and
2. The accused has been duly convicted.
Section 21. No person shall be twice put in jeopardy
of punishment for the same offense. If an act
punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another
prosecution for the same act.
Requisites for a valid defense of double jeopardy:
CODE: ATS
1)
First jeopardy must have attached prior to the
second.
2)
The first jeopardy must have terminated.
3)
The second jeopardy must be for the same
offense as that in the first.
When does jeopardy ATTACH: (1st requisite) CODE:
CICAV
1)

A person is charged

2)
Under a complaint or information sufficient in
form and substance to sustain a conviction
3)

Before a court of competent jurisdiction

4)

After the person is arraigned

5)

Such person enters a valid plea.

When does jeopardy NOT attach:

1)

If information does not charge any offense

2)
If, upon pleading guilty, the accused presents
evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea of
not guilty for accused.
3)
If the information for an offense cognizable by
the RTC is filed with the MTC.
4)
If a complaint filed for preliminary investigation
is dismissed.
When does first jeopardy TERMINATE:
(2ND REQUISITE)
1)

Acquittal

2)

Conviction

3)
Dismissal W/O the EXPRESS consent of the
accused
4)

Dismissal on the merits.

Examples of termination of jeopardy:

1)
Dismissal based on violation of the right to a
speedy trial. This amounts to an acquittal.
2)
Dismissal based on a demurrer to evidence. This
is a dismissal on the merits.
3)
Dismissal on motion of the prosecution,
subsequent to a motion for reinvestigation filed by the
accused.
4)
Discharge of an accused to be a state witness.
This amounts to an acquittal.
When can the PROSECUTION appeal from an order
of dismissal:
1)
If dismissal is on motion of the accused.
Exception: If motion is based on violation of the right
to a speedy trial or on a demurrer to evidence.
2)
If dismissal does NOT amount to an acquittal or
dismissal on the merits
3)

If the question to be passed upon is purely legal.

4)
If the dismissal violates the right of due process
of the prosecution.
5)
If the dismissal was made with grave abuse of
discretion.
What are considered to be the SAME OFFENSE:
(under the 1st sentence of Section 21)
1)
Exact identity between the offenses charged in
the first and second cases.
2)
One offense is an attempt to commit or a
frustration of the other offense.
3)
One offense is necessarily included or necessary
includes the other.
Note: where a single act results in the violation of
different laws or different provisions of the same law,
the prosecution for one will not bar the other so long
as none of the exceptions apply.
Definition of double jeopardy (2nd sentence of Sec.
21)
Double jeopardy will result if the act punishable under
the law and the ordinance are the same. For there to
be double jeopardy, it is not necessary that the offense
be the same.
SUPERVENING FACTS
1)
Under the Rules of Court, a conviction for an
offense will not bar a prosecution for an offense which

necessarily includes the offense charged in the former

information where:
1.

The graver offense developed due to a

supervening fact arising from the same act or
omission constituting the former charge.
2. The facts constituting the graver offense
became known or were discovered only after the
filing of the former information.
3. The plea of guilty to the lesser offense was
made without the consent of the fiscal and the
offended party.
2)
Under (1)(b), if the facts could have been
discovered by the prosecution but were not discovered
because of the prosecutions incompetence, it would
not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his
right to plead double jeopardy. The whole case will be
open to review by the appellate court. Such court may
even increase the penalties imposed on the accused by
the trial court.
Section 22. No ex post facto law or bill of attainder
shall be enacted.
Definition of ex-post facto law.
1)
One which makes an action done before the
passing of the law, and which was innocent when done,
criminal, and punishes such action.
2)
One which aggravates the crime or makes it
greater than when it was committed.

3)
One which changes the punishment and inflicts
a greater punishment than that which the law annexed
to the crime when it was committed.
4)
One 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)
One which assumes to regulate civil rights and
remedies only BUT, in effect, imposes a penalty or
deprivation of a right, which, when done, was lawful.
6)
One which deprives a person accused of a crime
of some lawful protection to which he has become
entitled such as the protection of a former conviction
or acquittal, or a proclamation of amnesty.
Note: The prohibition on ex post facto laws only
applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1)
A bill of attainder is a LEGISLATIVE act which
inflicts punishment W/O JUDICIAL trial.
2)
The bill of attainder does not need to be
directed at a specifically named person. It may also
refer to easily ascertainable members of a group in
such a way as to inflict punishment on them without
judicial trial.
3)

Elements of the bill of attainder

1.
2.

There must be a LAW.

The law imposes a PENAL burden on a NAMED
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a
GROUP.
3. The penal burden is imposed DIRECTLY by the
LAW W/O JUDICIAL trial.