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Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

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CONSTITUTIONAL LAW

Article I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1) the Philippine archipelago;2) all other territories over which the Philippines hassovereignty or jurisdiction

PHILIPPINE ARCHIPELAGO that body of waterstudded with islands which is delineated in the Treatyof Paris (1898), as amended by the Treaty ofWashington (1900) and the Treaty with Great Britain(1930).

consists of itsa)Terrestrialb)Fluvialc)Aerial domains

including itsa)Territorial seab) The seabedc) The subsoild) The insular shelves; ande) The other submarine areas

INTERNAL WATERS the waters Around, Betweenand Connecting the islands of the archipelago,regardless of their breadth and dimensions

ALL OTHER TERRITORIES OVER WHICH THE

PHILIPPINES HAS SOVEREIGNTY ORJURISDICTION includes any territory that presentlybelongs or might in the future belong to thePhilippines through any of the accepted internationalmodes of acquiring territory.

ARCHIPELAGIC PRINCIPLETwo elements:1. The definition of internal waters (supra);2. The straight baseline method of delineating the

territorial sea consists of drawing straight linesconnecting the outermost points on the coastwithout departing to any appreciable extent from

the general direction of the coast.

Important distances with respect to the watersaround the Philippines

Territorial Sea 12 nautical miles (n.m.)Contiguous Zone 12 n.m. from the edge of the

territorial seaExclusiveEconomic Zone 200 n.m. from the baseline[includes T.S. and C.Z.]NOTE: There can be a Continental Shelf without anEEZ, but not an EEZ without a Continental Shelf.

TERRITORIAL SEAThe belt of the sea located between the coast andinternal waters of the coastal state on the one hand,

and the high seas on the other, extending up to 12nautical miles from the low water mark.

CONTIGUOUS ZONEExtends up to 12 nautical miles from the territorialsea. Although not part of the territory, the coastalState may exercise jurisdiction to preventinfringement of customs, fiscal, immigration orsanitary laws.

EXCLUSIVE ECONOMIC ZONEBody of water extending up to 200 nautical miles,within which the state may exercise sovereign rightsto explore, exploit, conserve and manage the naturalresources

The state in the EEZ exercises jurisdiction withregard to:1. the establishment and use of artificial islands,

installations, and structures;2. marine scientific research;3. the protection and preservation of marine

environment;

Article II DECLARATION OF PRINCIPLES ANDSTATE POLICIES

Selected principles

Sec. 1. The Philippines is a democratic andrepublican state. Sovereignty resides in the peopleand all government authority emanates from them.

Elements of a State (for municipal law purposes)1) People A group of persons sufficiently

numerous held together by a common bond2) Territory A definite area over which the

State exercises sovereign jurisdiction3) Sovereignty Power of the State to regulate

matters within its own territory.

4) Government Institution organized and runin order to manage the affairs of the State.

Classification of governments1) De jure Government which is placed in

power following legal / constitutionalprocesses.

2) De facto a government that actuallyexercises power or control but without legaltitle.

Classification o f de facto governments


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1) De facto propera. That government that gets possession and

control ofb. or usurps by force or by the voice of majorityc. the rightful legal government

d. and maintains itself against the will of thelatter.

2) Government of paramount forcea. That which is established and maintained by

military forcesb. who invade and occupy a territory of the enemyc. in the course of war.d. That established as an independent government

by the inhabitants of a country who rise ininsurrection against the parent state.

REPUBLICAN STATEIt is one wherein all government authority emanatesfrom the people and is exercised by representativeschosen by the people.

DEMOCRATIC STATEThis merely emphasizes that the Philippines hassome aspects of direct democracy such as initiativeand referendum.

Sec. 2. The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part of thelaw of the land and adheres to the policy of peace,equality, justice, freedom, cooperation, and amity

with all nations.

The Philippines renounces AGGRESSIVEwar as an instrument of national policy, butallows for a defensive war.

Examples of Generally Accepted Principles ofInternational Law" cited in PhilippineJurisprudence:1) The right of an alien to be released on bail while

awaiting deportation when his failure to leave thecountry is due to the fact that no country willaccept him (Mejoff v. Director of Prisons, 90 Phil.

70)2) The right of a country to establish military

commissions to try war criminals (Kuroda v.Jalondoni, 83 Phil. 171)

3) The Vienna Convention on Road Signs andSignals and Pacta Sunt Servanda (Agustin v.Edu, 88 SCRA 195)

4) Duty to protect the premises of embassies andlegations (Reyes v. Bagatsing, G.R. 65366)

Pimentel, Jr. v Office of the Executive Secretary(462 SCRA 622) (July 6, 2005)

Ratio:1) Signing of the Treaty shows the assent of the

State to the treaty which it seeks to enter and hasthe corresponding duty on the State to refrainfrom actions which may defeat the purpose of thetreaty.

2) A State party is not bound to ratify a treaty whichit signs, however it goes without saying that therefusal must be based on substantial groundsand not on superficial or whimsical reasons.

3) The President has the discretion even after thesigning of the treaty by the Philippinerepresentative whether or not to ratify the same.

4) It is within the authority of the President to refuseto submit a treaty to the Senate or, havingsecured its consent for its ratification, refuse toratify it.

Southern Cross Cement Corporation v. CementManufacturers Assoc iation of the Philippines (465SCRA 532) (August 3, 2005)

Ratio:Our treaty obligations dissuade the State for nowfrom implementing default protectionist trademeasures such as tariffs, and allow the same onlyunder specified conditions. To insulate factualdetermination from political pressure, and to assurethat it be conducted by an entity especially qualified

by reasons of its general functions to undertake suchinvestigation, Congress deemed it necessary todelegate to the Tariff Commission the function ofascertaining whether or not those factual conditionsexist to warrant the atypical imposition of safeguardmeasures

Sec. 3. Civilian authority is, at all times, supremeover the military. The Armed Forces of thePhilippines is the protector of the people and theState. Its goal is to secure the sovereignty of theState and the integrity of the national territory.

Civilian authority/Supremacy clause (1st

sentence)The Constitution provides that the head of the armedforces is a civilian president and the primary purposeof AFP is to serve and protect the people.


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Mark o f sovereignty (2nd

and 3rd

sentences)Positively, the military is the guardian of the people

and of the integrity of the national territory andtherefore ultimately of the majesty of the law.

Negatively, it is an expression against military

abuses.

Sec. 4.The prime duty of the Government is to serveand protect the people. The Government may callupon the people to defend the State and, in thefulfillment thereof, all citizens may be required, underconditions provided by law, to render personal,military, or civil service.

Sec. 5. The maintenance of peace and order, theprotection of life, liberty and property, and thepromotion of the general welfare are essential for theenjoyment by all the people of the blessings ofdemocracy.Sec. 6.The separation of Church and State shall beinviolable.

Selected state policies

Sec. 7. The State shall pursue an independentforeign policy. In its relations with other states, theparamount consideration shall be nationalsovereignty, territorial integrity, national interest, andthe right to self-determination.

Paramount considerations in its relations withother states:

1) National sovereignty2) Territorial integrity3) National interest4) Right to self-determination

Sec. 8.The Philippines, consistent with the nationalinterest, adopts and pursues a policy of freedom fromnuclear weapons in its territory.

Policy of freedom from nuclear weapons1. The policy PROHIBITS:

a) The possession, control and manufacture ofnuclear weapons

b) Nuclear arms tests.2. The policy does NOT prohibit the peaceful use of

nuclear energy.

Sec. 12. The State recognizes the sanctity of familylife and shall protect and strengthen the family as abasic autonomous social institution. It shall equallyprotect the life of the mother and the life of theunborn from conception x x x

Principle that the family is not a creature of thestate.

Protection for the unbornIt is not an assertion that the unborn is a legal

person.It is not an assertion that the life of the unborn isplaced exactly on the level of the life of the mother.Hence, when it is necessary to save the life of themother, the life of the unborn may be sacrificed.

Under this provision, the Roe v. Wade doctrineallowing abortion up to the 6

th month of pregnancy

cannot be adopted in the Philippines because the lifeof the unborn is protected from the time ofconception.

Sec. 16. The State shall protect and advance theright of the people to a balanced and healthfulecology in accord with the rhythm and harmony ofnature.

Oposa v. Factoran, 224 SCRA 792The right to a balanced and healthful ecology

is not less important than any of the civil and politicalrights enumerated in the Bill of Rights. ()

The right to a balanced and healthful ecology carrieswith it an intergenerational responsibility to care forand protect the environment.

Sec. 26. The State shall guarantee equal access toopportunities for public service, and prohibit politicaldynasties as may be defined by law.

Sec. 27. The State shall maintain honesty andintegrity in the public service and take positive andeffective measures against graft and corruption.

Sec. 28. Subject to reasonable conditions prescribedby law, the State adopts and implements a policy offull public disclosure of all its transactions involvingpublic interest.

Article III BILL OF RIGHTS

Sec. 1. No person shall be deprived of life, liberty orproperty without due process of law, nor shall anyperson be denied the equal protection of the laws.


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POLICE POWER Power vested in the legislature by the Constitution tomake, ordain, and establish all manner of wholesomeand reasonable laws, statutes, and ordinances eitherwith penalties or without not repugnant to the

constitution as they shall judge to be for the good andwelfare of the commonwealth and of the subjects ofthe same.

Aspects of Due Process :Procedural due process

refers to the mode of procedure, which governmentagencies must follow in the enforcement, andapplication of laws.

-A law which hears before it condemns, proceedsupon inquiry and renders judgment only after trial.

- Due process of law contemplates notice andopportunity to be heard before judgment is renderedaffecting ones person or property (Lopez v. Dir. ofLands)

- Due process depends on circumstances; it varieswith the subject matter and the necessities of thesituation.

Requisites of PROCEDURAL due process:For JUDICIAL proceedings:CODE: I J H J

a. An impartial court or tribunal clothed with

judicial power to hear and determine thematter before it.

b. Jurisdiction must be lawfully acquired overthe person of the defendant or over theproperty, which is the subject of theproceedings.

c. The defendant must be given notice and anopportunity to be heard. (notice and hearing)

d. Judgment must be rendered upon a lawfulhearing.

For ADMINISTRATIVE proceedings:CODE: H E D S H I P

a. The right to a hearing, which includes theright to present ones case and submitevidence in support thereof.

b. The tribunal must consider the evidencepresented.

c. The decision must have something tosupport itself.

d. Evidence supporting the conclusion must besubstantial.

e. The decision must be based on the evidencepresented at the hearing or at least containedin the record and disclosed to the partiesaffected.

f. The tribunal or body or any of its judges must

act on its or his own independentconsideration of the law and facts of thecontroversy, and not simply accept the viewsof a subordinate in arriving at a decision.

g. The board or body should, in all controversialquestions, render its decision in such amanner that the parties to the proceedingcan know the various issues involved and thereasons for the decision rendered.

NOTE:What is required is not actual hearing, but a realopportunity to be heard.The requirement of due process can be satisfied bysubsequent due hearing.Violation of due process: when same person reviewshis own decision on appeal.Notice and hearing are required in judicial and quasi-

judicial proceedings, but not in the promulgation ofgeneral rule.

For SCHOOL DISCIPLINARY proceedings:CODE: W A In A D P

a. The student must be informed in writing ofthe nature and cause of any accusationagainst them.

b. The student shall have the right to answer

the charges against him, with the assistanceof counsel if desired.

c. The student has the right to be informed ofthe evidence against him.

d. The student has the right to adduce evidencein his own behalf.

e. The evidence must be duly considered by theinvestigating committee or official designatedby the school authorities to hear and decidethe case.

f. The penalty imposed must be proportionateto the offense.

NOTE:The school has a contractual obligation to afford itsstudents a fair opportunity to complete the course astudent has enrolled for.

Exceptions:a. Serious breach of discipline; orb. Failure to maintain the required academicstandard.Proceedings in student disciplinary cases may besummary; cross-examination is not essential


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Instances when hearings are NOT necessary:a. When administrative agencies are exercising

their quasi-legislative functions.b. Abatement of nuisance per se.

c. Granting by courts of provisional remedies.d. Cases of preventive suspension.e. Removal of temporary employees in the

government service.f. Issuance of warrants of distraint and/or levy

by the BIR Commissioner.g. Cancellation of the passport of a person

charged with a crime.h. Issuance of sequestration orders (considered

a provisional remedy).i. Judicial order which prevents an accused

from traveling abroadin order to maintain theeffectivity of the courts jurisdiction.

j. Suspension of a banks operations by theMonetary Board upon a prima facie finding ofliquidity problems in such bank.

NOTE:The right to counsel is a very basic requirement ofsubstantive due process and has to be observedeven in administrative and quasi-judicial bodies.The right to appeal is a statutory privilege that maybe exercised only in the manner in accordance withlaw, except for the minimum appellate jurisdiction ofthe Supreme Court provided in Article VIII Section 5of the Constitution, which may not be increased orreduced by law.

Substantive due process prohibition againstarbitrary laws.

Requisites of SUBSTANTIVE due process:CODE: I M

a. The INTERESTS of the public generally, asdistinguished from those of a particular class,requires the interference by the governmentand

b. The MEANS employed are reasonablynecessary for the accomplishment of the

purpose and not unduly oppressive uponindividuals.

Requisites of a valid ordinance:CODE: Must NOT CUPPU, Must be GC

a. Must not contravene the Constitution or anystatute

b. Must not be unfair or oppressivec. Must not be partial or discriminatoryd. Must not prohibit, but may regulate tradee. Must not be unreasonable

f. Must be general and consistent with publicpolicy

VOID FOR VAGUENESS DOCTRINE

When is a law VAGUE?

When it lacks COMPREHENSIBLE STANDARDSThat men of common intelligence must necessarilyGUESS as to its meaning and differ as to itsapplication.

Why is a VAGUE law unconstitutional?

1) It VIOLATES DUE PROCESS for failure to accordpersons fair notice of the conduct to avoid; and2) It leaves law enforcers UNBRIDLED DISCRETIONin carrying out its provisions.

OVERBREADTH DOCTRINE: A governmentpurpose may not be achieved by means, whichsweep unnecessarily broadly and thereby invade thearea of protected freedoms.

NOTE:1. Vagueness and overbreadth are distinct from eachother; a vague law must lack clarity and precision,while an overbroad law need not.2. Vagueness may be applied to cases involvingspeech and also criminal cases (although seecontrary ruling that vagueness does not apply tocriminal cases, as held in Estrada v. Sandiganbayan,

G.R. No. 148560)3. Overbreadth as an analytical tool is applicable onlyto cases involving speech.

EQUAL PROTECTION OF THE LAWThe equality that it guarantees is legal equality or theequality of all persons before the law. It does notdemand absolute equality. It merely requires that allpersons shall be treated alike, under likecircumstances and conditions both as to privilegesconferred and liabilities enforced.

Requisites for valid classification for purposes of the

equal protection clauseThe classification must: CODE: SGEE

a. Rest on SUBSTANTIAL DISTINCTIONSb. Be GERMANE to the purposes of the lawc. NOT LIMITED TO EXISTING CONDITIONS

onlyd. APPLY EQUALLY to all members of the

SAME CLASS.


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Millares v. Philippine Long Distance TelephoneCo. Inc. (458 SCRA 102) (May 6, 2005)

Ratio:

Procedural due process requires theemployer to give the employee two notices first is the notice apprising him of theparticular acts or omissions for which hisdismissal is sought, and, second is thesubsequent notice informing him of theemployers decision to dismiss him.

Lavador v. J Marketing Corporation (461 SCRA497) (June 28, 2005)

Ratio:

Procedural due process requires theemployer to give the employee two notices first is the notice apprising him of theparticular acts or omissions for which hisdismissal is sought, and, second is thesubsequent notice informing him of theemployers decision to dismiss him.

Actual adversarial proceeding becomesnecessary only for clarification or when thereis a need to propound searching questions tounclear witnesses, a procedural right whichthe employee must ask for.

Where the dismissal of the employee fromservice is due to dishonesty or for a justcause but due process was not observed as

no hearing was conducted despite herrequest, the employer should be held liablefor indemnity in the form of nominaldamages.

Sec. 2. The right of the people to be secure in theirpersons, houses, papers, and effects againstunreasonable searches and seizures of whatevernature and for any purpose shall be inviolable, and

no search warrant or warrant of arrest shall issueexcept upon probable cause to be determinedpersonally by the judge after examination under oathor affirmation of the complainant and the witnesseshe may produce, and particularly describing the placeto be searched and the person or things to be seized.

General Rule: Search and seizures areunreasonable UNLESS authorized by a validly issuedsearch warrant or warrant of arrest

Requisites for a valid warrant:CODE: P J E D One

a. It must be issued upon PROBABLE CAUSE.b. The existence of probable cause is

determinedpersonally by the JUDGE.c. The judge must EXAMINE UNDER OATHthe complainant and the witnesses he mayproduce.

d. The warrant must PARTICULARLYDESCRIBE the place to be searched andperson or things to be seized.

e. It must be in connection with One specificoffense.

PROBABLE CAUSE

For the issuance of a warrant of arrest:Probable cause refers to such facts andcircumstances, which would lead a reasonablydiscreet and prudent man to believe that an offensehas been committed by the person sought to bearrested.

For the issuance of a search warrant:Probable cause would mean such facts andcircumstances, which would lead a reasonablydiscreet and prudent man to believe that an offensehas been committed and that the objects sought inconnection with the offense are in the place to besearched.

NOTE: Probable cause for the issuance of a searchwarrant does NOT require that the probable guilt of aspecific offender be established, unlike in the case ofa warrant of arrest.Existence of probable cause DETERMINEDPERSONALLY BY THE JUDGE

Soliven v. Makasiar, 167 SCRA 394The judge is NOT required to personally

examine the complainant and his witnesses. Whatthe Constitution underscores is the exclusive andpersonal responsibility of the issuing judge to satisfyhimself of the existence of probable cause.

Lim v. Felix, 187 SCRA 292To be sure, the Judge must go beyond the

prosecutors certification and investigation reportwhenever necessary.

Procedure:The judge personally evaluates the report andsupporting documents submitted by the prosecutorregarding the existence of probable cause and, onthe basis thereof, issue a warrant of arrest or if on the


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basis thereof, the judge finds no probable cause, hemay disregard the prosecutors report and require thesubmission of supporting affidavits of witnesses toaid him in arriving at the conclusion as to theexistence of probable cause.

Examination UNDER OATH OR AFFIRMATION OFTHE COMPLAINANT AND WITNESSES

Alvarez v. CFI, 64 Phil. 33The oath required must refer to the truth of

the facts within the personal knowledge of thecomplainant or his witnesses because the purpose isto convince the judge of the existence of probablecause.

The true test of sufficiency of an affidavit towarrant the issuance of a search warrant is whether ithas been drawn in such a manner that perjury couldbe charged thereon and affiant could be held liablefor the damages caused.

PARTICULARITY OF DESCRIPTION (SEARCHWARRANT)

Bache and Co. v. Ruiz, 37 SCRA 823A search warrant may be said to particularly

describe the things to be seized when the descriptiontherein is as specific as the circumstances willordinarily allow or

When the description expresses a conclusionof fact not of law by which the warrant officer may

be guided in making the search and seizure or

When the things described are limited tothose which bear a direct relation to the offense forwhich the warrant is being issued.

JOHN DOE WARRANTA John Doe warrant can satisfy the requirement ofparticularity of description if it contains a descriptiopersonaesuch as will enable the officer to identify theaccused (People v. Veloso, 48 Phil. 159)

GENERAL WARRANT

A general warrant is one that does not allege anyspecific acts or omissions constituting the offensecharged in the application for the issuance of thewarrant. It contravenes the explicit demand of the Billof Rights that the things to be seized be particularlydescribed.

VALID WARRANTLESS SEARCH(IM CWAPO)

Search made as an Incident to lawful arrestA. An officer making an arrest may take from the

person arrested:i. Any money or property found upon his personwhich was used in the commission of theoffense or

ii. Was the fruit thereof oriii. Which might furnish the prisoner with the

means of committing violence or escaping oriv. Which may be used in evidence in the trial of

the caseB. The search must be made simultaneously with thearrest and it may only be made in the area within theimmediate control of the person arrested

Search of Moving vehiclesA. This exception is based on exigency. Thus, if there

is time to obtain a warrant in order to search thevehicle, a warrant must first be obtained.

B. The search of a moving vehicle must be based onprobable cause.

Seizure of goods concealed to avoid Customsduties/authorized under the Tariffs and CustomsCode

A. The Tariffs and Customs Code authorizes personshaving police authority under the Code to effectsearch and seizures without a search warrant toenforce customs laws.

B. Exception: A search warrant is required for thesearch of a dwelling house.

C. Searches under this exception include searches atborders and ports of entry. Searches in theseareas do not require the existence of probablecause

Seizure of evidence in Plain view

A. There was a prior valid intrusion;B. The evidence was inadvertently discovered;C. The evidence is immediately apparent;D. Plain view is justified seizure without further

search. (People v. Valdez, 341 SCRA 25)

Waiver of right

A. Requisites of a valid waiver:i. The right exists.ii. The person had actual or constructive

knowledge of the existence of such right.iii. There is an actual intention to relinquish such

right


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B. The right against unreasonable searches andseizures is a personal right. Thus, only the personbeing searched can waive the same.C. Waiver requires a positive act from the person.Mere absence of opposition is not a waiver.

D. The search made pursuant to the waiver must bemade within the scope of the waiver.

Armed Confl ict (wart ime)Others

A. Conduct of "Areal Target Zone" and "SaturationDrives" in the exercise of military powers of thePresident (Guazon vs. De Villa, 181 SCRA 623)

B. Checkpoints (Valmonte vs. De Villa, 178 SCRA211)

REQUISITES:CODE: P.A.L.V.1. Abnormal times2. Limited to visual search3. Vehicle not searched4. Passengers not subjected to body search

Valmonte V. De VillaAs long as the vehicle is neither searched

nor its occupants subjected to a body search and theinspection of the vehicle is limited to a visual search= valid search.

C. Stop and Frisk

Even before an arrest, when an officer is justified inbelieving that the individual whose suspiciousbehavior he is investigating at close range ispresently dangerous, he may conduct a limitedprotective search.The purpose of this limited search is not to discoverevidence of a crime but to allow the officer to pursuehis investigation without risk of violence.

D. Exigent and emergency circumstances bestillustrated in People v. De Gracia (233 SCRA 716),where a warrantless search was allowed where therewas a prevailing general chaos and disorder because

of an ongoing coup.

NOTE:Carroll rule: warrantless search of a vehicle that canbe quickly moved out of the locality or jurisdiction isvalid

The 1987 Constitution has returned to the 1935 rulethat warrants may be issued only by judges, but theCommissioner of Immigration may order the arrest of

an alien in order to carry out a FINAL deportationorder.

INSTANCES WHEN WARRANTLESS ARRESTSARE VALID:

a. When the person to be arrested hascommitted, is actually committing, or is aboutto commit an offense in the presence of thearresting officer.

b. When an offense has in fact just beencommitted and the arresting officer hasprobable cause to believe based on personalknowledge of facts and circumstancesindicating that the person to be arrested hascommitted it.

c. When the person to be arrested is a prisonerwho has escaped from a penal establishmentor place where he is serving final judgment ortemporarily confined while his case ispending, or has escaped while beingtransferred from one confinement to another.

Waiver of an invalid arrest: When a person who isdetained applies for bail, he is deemed to havewaived any irregularity which may have occurred inrelation to his arrest. However, when a person whois detained applies for bail, before he enters a plea,he is not barred from later questioning the legality ofhis arrest.

Hot pursuit

A. The pursuit of the offender by the arresting officermust be continuous from the time of thecommission of the offense to the time of thearrest.

B. There must be no supervening event whichbreaks the continuity of the chase.

Stop and friskWhen a policeman observes suspicious activity,which leads him to believe that a crime is about to becommitted, he can investigate the suspicious lookingperson and may frisk him for weapons as a measureof self-protection. Should he find, however, a weapon

on the suspect, which is unlicensed, he can arrestsuch person then and there for having committed anoffense in the officers presence.

NOTE: Probable cause is the minimal requirement forthe validity of either a warrantless arrest or awarrantless search.


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United Laboratories, Inc. v. Isip (461 SCRA 574)(June 28, 2005)

Ratio:On search warrant proceedings

A search warrant proceeding is, in no sense,a criminal proceeding or the commencementof a prosecution it is a special and peculiarremedy, drastic in nature, and madenecessary because of public necessity,resembling in some respect with what iscommonly known as John Doe proceedings

A search warrant is a legal process whichhas been likened to a writ of discoveryemployed by the State to procure relevantevidence of crime it is in the nature of acriminal process, restricted to cases of publicprosecutions and not a process foradjudicating civil rights or maintaining mereprivate rights. A private individual or a privatecorporation complaining to the NBI or to agovernment agency charged with theenforcement of special penal laws, such asthe BFAD, may appear, participate and filepleadings in the search warrant proceedingsto maintain, inter alia, to validity of the searchwarrant issued by the court and theadmissibility of the properties seized.

While the general rule is that the proper partyto file a petition in the Court of Appeals orSupreme Court to assail any adverse orderof the RTC in search warrant proceedings is

the People, a private corporation may file thepetition for certiorari which may beconsidered as the petition filed by the OSG.

On the plain view doctrine

The plain view doctrine is not an exception tothe warrant it merely serves to supplementthe prior justification, whether it be a warrantfor another subject, hot pursuit, search as anincident to a lawful arrest or some otherlegitimate reason for being present,unconnected with a search directed againstthe accused.

The immediate requirement means that theexecuting officer can, at any time ofdiscovery of the object or the facts thereinavailable to him, determine probable causeof the objects incriminating evidence to beimmediate, probable cause must be thedirect result of the officers instantaneoussensory perception of the object.

The immediately apparent test does notrequire an unduly high degree of certainty asto the incriminating character of the evidence

incriminating means the furnishing ofevidence as proof of circumstance tending toprove the guilt of a person.

Sec. 3. (1) The privacy of communication and

correspondence shall be inviolable except uponlawful order of the court, or when public safety ororder requires otherwise as prescribed by law.(2) Any evidence obtained in violation of this or thepreceding section shall be inadmissible for anypurpose in any proceedings.

R.A. 4200 (Anti-Wiretapping Act )

Ramirez v. CaThe 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 heldliable under R.A. 4200 if they commit any of theprohibited acts under R.A. 4200.

Gaanan v. IAC, 145 SCRA 112The use of a telephone extension to overhear

a private conversation is not a violation of R.A. 4200because it is not similar to any of the prohibiteddevices under the law. Also, a telephone extensionis not purposely installed for the purpose of secretlyintercepting or recording private communication.

Types of communication protected:

Letters, messages, telephone calls, telegrams andthe like.

Exclusionary rule:People v. Marti, 193 SCRA 57

Any evidence obtained shall be inadmissiblefor any purpose in any proceeding. However, in theabsence of governmental interference, the protectionagainst unreasonable search and seizure cannot beextended to acts committed by private individuals.

Constitutional Right to PrivacyThe right to privacy, the right to be left alone, is

protected by the guarantee of due process overliberty, the right against unreasonable searches andseizures, the right to privacy of communications,liberty of abode, the right to form associations, andthe right against self incrimination. (Ople v. Torres,293 SCRA 141)

Sec. 4. No law shall be passed abridging thefreedom of speech, of expression, or of the press, orof the right of the people peaceably to assemble andpetition the government for redress of grievances.


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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 anarmband as a symbol of protest. Peaceful picketinghas also been included within the meaning of speech.

Prohibitions under Section 4Prohibition against PRIOR RESTRAINTProhibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraintPrior restraint means official governmentalrestrictions on the press or other forms of expressionin advance of actual publication or dissemination.

Examples/forms of prior restrainta. movie censorshipb. judicial prior restraint = injunction against

publicationc. license taxes based on gross receipts for the

privilege of engaging in the business ofadvertising in any newspaper

d. flat license fees for the privilege of sellingreligious books

When prohibition does not apply (Near v.Minnesota, 238 US 697)

a. When the nation is at war. Ex: governmentcan prevent publication about thenumber/location of its troops

b. Obscene publicationsc. Security of community life may be protected

against incitements to acts of violence oroverthrow by force of orderly government.

When is a Government control-based regulationjustified?

a. It is within the constitutional power of thegovernment;

b. It furthers an important or substantialgovernment interest;

c. The governmental interest is unrelated to thesuppression of free expression; and

d. The incidental restriction is no greater than isessential to the furtherance of the interest.

Social Weather Station v. COMELECThe prohibition of publication of election

surveys shortly before elections does not meet thelast two tests. The causal connection of expression tothe asserted government interest makes suchinterest related to the suppression of free expression.The regulation can be more narrowly pursued by

punishing unlawful acts rather than prohibitingspeech.

The COMELEC can confiscate false surveyresults by virtue of its power under the AdministrativeCode of 1987 to stop false election propaganda.

Standards for allowable subsequent punishment

TEST CRITERION

1. Dangerous TendencyTest

There should be aRATIONALCONNECTIONbetween the speechand the evilapprehended. (Focuson CONTENT)

2. Clear and PresentDanger Test

There should be a clearand present danger thatthe words when usedunder suchcircumstances are ofsuch a nature as tocreate a CLEAR ANDPRESENT DANGERthat they will bringabout the substantiveevils that the State hasa right to prevent.(Focus on CONTENT &CONTEXT)

3. Balancing of Interests

Test

The courts should

BALANCE the PUBLICINTEREST served bylegislation on one handand the FREEDOM OFSPEECH (or any otherconstitutional right) onthe other. The courtswill then decide wherethe greater weightshould be placed.(Focus on weighingGovernment andPrivate interest)

Freedom of SpeechThe doctrine on freedom of speech was formulatedprimarily for the protection of core speech, i.e.speech, which communicates political, social orreligious ideas. These enjoy the same degree ofprotection. Commercial speech, however, does not.

Commercial SpeechCommunication which no more than proposes acommercial transaction.


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Furthermore, there is need to address the situation

adverted to by petitioners where mayors do not act

on applications for a permit and when the police

demand a permit and the rallyists could not produce

one, the rally is immediately dispersed. In such asituation, as a necessary consequence and part of

maximum tolerance, rallyists who can show the

police an application duly filed on a given date can,

after two days from said date, rally in accordance

with their application without the need to show a

permit, the grant of the permit being then presumed

under the law, and it will be the burden of the

authorities to show that there has been a denial of

the application, in which case the rally may be

peacefully dispersed following the procedure of

maximum tolerance prescribed by the law.

In this Decision, the Court goes even one step further

in safeguarding liberty by giving local governments a

deadline of 30 days within which to designate specific

freedom parks as provided under B.P. No. 880. If,

after that period, no such parks are so identified in

accordance with Section 15 of the law, all public

parks and plazas of the municipality or city concerned

shall in effect be deemed freedom parks; no prior

permit of whatever kind shall be required to hold an

assembly therein. The only requirement will bewritten notices to the police and the mayors office to

allow proper coordination and orderly activities.

Sec. 5. No law shall be made respecting anestablishment of religion, or prohibiting the freeexercise thereof. The free exercise and enjoyment ofreligious profession and worship, withoutdiscrimination or preference, shall forever be allowed.No religious test shall be required for the exercise ofcivil or political rights.

Clauses under Section 51. Non-establishment clause2. Free exercise of Religion

School District v. Schempp, 374 US 203

Distinction between the clauses1. The non-establishment clause does not

depend upon any showing of direct governmentalcompulsion. It is violated by the enactment of laws

which establish an official religion whether those lawsoperate directly to coerce non-observing individualsor not. The test of compliance with the non-establishment clause can be stated as follows: Whatare the purposes and primary effect of the

enactment? If either is the advancement or inhibitionof religion, the law violates the non-establishmentclause. Thus, in order for a law to comply with thenon-establishment clause, two requisites must bemet:

A. It has a secular legislative purpose.B. Its primary effect neither advances norinhibits religion.

2. The free exercise of religion clausewithdraws from legislative power the exertion of anyrestraint on the free exercise of religion. In order toshow a violation of this clause, the person affectedmust show the coercive effect of the legislation as itoperates against him in the practice of his religion.While the freedom to believe (non-establishment) isabsolute, the moment such belief flows over intoaction, it becomes subject to government regulation.

Requisites for government aid to be allowable:a. It must have a secular legislative purpose;b. It must have a primary effect that neither

advances nor inhibits religion;c. It must not require excessive entanglement

with recipient institutions.

Re: Request of Muslim Employees in Different

Courts in Iligan City (Re: Office Hours)* (477SCRA 648) (December 14, 2005)

Ratio:

To allow the Muslim employees in theJudiciary to be excused form work from10:00 a.m. to 2:00 p.m. every Friday (MuslimPrayer Day) during the entire calendar yearwould mean a diminution of the prescribedgovernment working hours theperformance of religious practices, whetherby Muslim employees or those belonging to

other denominations, should not prejudicethe court and the public.

The remedy of the Muslim employees, withrespect to their request to be excused fromwork from 10:00 a.m. to 2:00 p.m. everyFriday during the entire calendar year, islegislative.


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Sec. 6. The liberty of abode and of changing thesame within the limits prescribed by law shall not beimpaired 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 publichealth, as may be provided by law.

Rights guaranteed under Section 6:1. Freedom to choose and change ones place ofabode.2. Freedom to travel within the country and outside.

Curtailment of rights:

RIGHT MANNER OFCURTAILMENT

1. Liberty of abode Lawful order of the court andwithin the limits prescribed bylaw.

2. Right to travel May be curtailed even byadministrative officers (ex.passport officers) in theinterest of national security,public safety, or public health,as may be provided by law.

NOTE: The right to travel and the liberty of abodeare distinct from the right to return to ones country,as shown by the fact that the Declaration of HumanRights and the Covenant on Human Rights have

separate guarantees for these. Hence, the right toreturn to ones country is not covered by the specificright to travel and liberty of abode. (Marcos v.Manglapus, 177 SCRA 668)

Sec. 7. The right of the people to information onmatters of public concern shall be recognized.

Rights guaranteed under Section 71. Right to information on matters of public concern2. Right of access to official records and documents

Persons entitled to the above rights: Only Filipino

citizens.

Discretion of governmentThe government has discretion with respect to theauthority to determine what matters are of publicconcern and the authority to determine the manner ofaccess to them.

Recognized restrictions on the right of the peopleto information:

1. National security matters2. Intelligence information3. Trade secrets

4. Banking transactions5. Diplomatic correspondence6. Executive sessions7. Closed door cabinet meetings8. Supreme Court deliberations9.

Sec. 8. The right of the people, including thoseemployed in the public and private sectors, to formunions, associations, or societies for purposes notcontrary to law, shall not be abridged.

- The right to form associations shall not be impairedwithout due process of law and is thus an aspect ofthe right of liberty. It is also an aspect of the freedomof contract. In addition, insofar as the associationsmay have for their object the advancement of beliefsand ideas, the freedom of association is an aspect ofthe freedom of speech and expression, subject to thesame limitation.

-The right also covers the right not to join anassociation.

-Government employees have the right to formunions. They also have the right to strike, unlessthere is a statutory ban on them (i.e. ban on public

school teachers).

Sec. 9. Private property shall not be taken for publicuse without just compensation.

Who can exercise the power of eminent domain:a. The national governmentb. Congressc. Executive, pursuant to legislation enacted by

Congressd. Local government units, pursuant to an

ordinance enacted by their respective

legislative bodies (under LGC)e. Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domainnecessary?It is only necessary when the owner does not want oropposes the sale of his property. Thus, if a validcontract exists between the government and theowner, the government cannot exercise the power ofeminent domain as a substitute to the enforcement ofthe contract.


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Elements of the power of eminent domainCODE: TPJ

1. There is a TAKING of private property2. Taking is for PUBLIC USE

3. Payment of JUST COMPENSATION

"TAKING"A. Elements: CODE: E P A P O

a. The expropriator enters the propertyb. The entrance must not be for a momentary

period, i.e., it must be permanentc. Entry is made under warrant or color of legal

authorityd. Property is devoted to Public usee. Utilization of the property must be in such a

way as to oust the owner and deprive him ofthe beneficial enjoyment of his property.

B. Compensable taking does not need to involve allthe property interests which form part of the right ofownership. When one or more of the property rightsare appropriated and applied to a public purpose,there is already a compensable taking, even if baretitle still remains with the owner.

"PUBLIC USE"Public use, for purposes of expropriation, issynonymous with public welfare as the latter term isused in the concept of police power.Examples of public use include land reform andsocialized housing.

"JUST COMPENSATION"Compensation is just if the owner receives a sumequivalent to the market value of his property.Market valueis generally defined as the fair value ofthe property as between one who desires topurchase and one who desires to sell.The point of reference used in determining fair valueis the value at the date of the taking of the propertyorthe filing of the complaint, whichever came first.Thus, future potential use of the land is notconsidered in computing just compensation.

Judicial review of the exercise of the power ofeminent domain

a. To determine the adequacy of thecompensation

b. To determine the necessity of the takingc. To determine the "public use" character of

the taking. However, if the expropriation ispursuant to a specific law passed byCongress, the courts cannot question thepublic use character of the taking.

When municipal property is taken by the State:Compensation is required if the property is apatrimonial property, that is, property acquired by themunicipality with its private funds in its corporate orprivate capacity. However, if it is any other property

such as public buildings or legua comunalheld by themunicipality for the State in trust for the inhabitants,the State is free to dispose of it at will, without anycompensation.

Point of reference for valuating a piece of property:General rule: The value must be that as of the timeof the filing of the complaint for expropriation.

Exception: When the filing of the case comes laterthan the time of taking and meanwhile the value ofthe property has increased because of the use towhich the expropriator has put it, the value is that ofthe time of the earlier taking. BUT if the valueincreased independently of what the expropriator did,then the value is that of the latter filing of the case.

NOTE:Even before compensation is given, entry may bemade upon the property condemned. The deposit ofmoney or an equivalent form of payment such asgovernment bonds is necessary and sufficient tosatisfy the requirement.

Any law fixing the amount of just compensation is notbinding on the courts because it is a question of factwhich is always subject to review by the courts.

REGULATION v. TAKINGREGULATION TAKINGCompensation is notrequiredTitle is not transferredProperty interest isrestricted or destroyed

An exercise of policepower, not for public use

Just compensationTitle is transferredProperty taken for publicuse

Commissioner of Internal Revenue v.Central Luzon Drug Corporation

(456 SCRA 414) (April 15, 2005)

Ratio:

The tax benefit granted to the establishmentscan be deemed as their just compensationfor private property taken by the State forpublic use.

The taxation power can also be used as animplement for the exercise of the power ofeminent domain.


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Jesus is Lord Christian School Foundation Inc. v.Municipality (now City) of Pasig, Metro Manila*(466 SCRA 235) (August 9, 2005)

Ratio:

The following requisites for the valid exerciseof the power of eminent domain by a localgovernment unit must be complied with: (1)an ordinance is enacted by the locallegislative council authorizing the local chiefexecutive, in behalf of the local governmentunit, to exercise the power of eminentdomain or pursue expropriation proceedingsover a particular private property; (2) thepower of eminent domain is exercised forpublic use, purpose or welfare, or for thebenefit of the poor and the landless; (3) thereis payment of just compensation as requiredunder Section 9, Article 3 of the Constitution,and other pertinent laws; (4) a valid anddefinite offer has been previously made tothe owner of the property sought to beexpropriated, but said offer was notaccepted.

Sec. 10. No law impairing the obligation of contractsshall be passed.

When does a law impair the obligation o f

contracts:1. If it changes the terms and conditions of a legalcontract either as to the time or mode of performance2. If it imposes new conditions or dispenses withthose expressed3 If it authorizes for its satisfaction somethingdifferent from that provided in its terms.

A mere change in PROCEDURAL REMEDIES whichdoes not change the substance of the contract, andwhich still leaves an efficacious remedy forenforcement does NOT impair the obligation ofcontracts.

A valid exercise of police power is superior toobligation of contracts.

Sec. 11. Free access to the courts and quasi-judicialbodies and adequate legal assistance shall not bedenied to any person by reason of poverty.

Sec. 12. Rights of person under investigation for thecommission of an offense.

Rights of person under investigation for thecommiss ion of an offense (Miranda Rights)CODE: SCISI1) Right to remain silent2) Right to have competent and independent

counsel, preferably of his own choice3) Right to be provided with the services of counselif he cannot afford the services of one.

4) Right to be informed of these rights.

When rights are available:1) AFTER a person has been taken into custody or2) When a person is otherwise deprived of his

freedom of action in any significant way3) When a person is merely invited for questioning

(R.A. No. 7438)4) When the investigation is being conducted by the

government (police, DOJ, NBI) with respect to acriminal offense.

5) 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 theinvestigators to elicit admissions orconfessions from the suspect.

2) During administrative investigations.3) Confessions made by an accused at the time he

voluntarily surrendered to the police or outsidethe context of a formal investigation.

4) Statements made to a private person.

Exclusionary ruleAny confession or admission obtained in violation ofthis section shall be inadmissible in evidence againsthim (the accused).Therefore, any evidence obtained by virtue of anillegally obtained confession is also inadmissible,being the fruit of a poisonous tree.

Requisites of valid waiver of these rights:1) Made voluntarily, knowingly, and intelligently2) Waiver should be made in WRITING3) Waiver should be made in the PRESENCE OF

COUNSEL.

Requisites for a valid extra-judicial confession:CODE: WAVES1) voluntary2) made with the assistance of competent and

independent counsel3) must be express4) made in writing


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5) signed, or if the confessant does not know how toread and write, thumbmarked by him (P.v.Olivares, G.R. No. 77865)

CUSTODIAL INVESTIGATION commences when a

person is taken into custody and singled out as asuspect in the commission of a crime underinvestigation.

Rights during custodial investigation apply onlyagainst testimonial compulsion and not when thebody of the accused is proposed to be examined (i.e.urine sample; photographs; measurements;garments; shoes).

Sec. 13. Right to bail

Who are entitled to bail:All persons ACTUALLY DETAINED shall, BEFORECONVICTION be entitled to bail.

Who are not entitled to bail:1) Persons charged with offenses PUNISHABLE by

RECLUSION PERPETUA or DEATH, whenevidence of guilt is strong

2) Persons CONVICTED by the trial court. Bail isonly discretionary pending appeal.

3) Persons who are members of the AFP facing acourt martial.

Other rights in relation to bail.a. The right to bail shall NOT be impaired even

when the privilege of the writ of habeascorpus is suspended.

b. Excessive bail shall not be required.

Factors considered in setting the amount o f bail:1) Ability to post bail2) Nature of the offense3) Penalty imposed by law4) Character and reputation of the accused5) Health of the accused6) Strength of the evidence7) Probability of appearing at the trial

8) Forfeiture of previous bail bonds9) Whether accused was a fugitive from justice

when arrested10) If accused is under bond in other cases

Implicit limitations on the right to bail:a. The person claiming the right must be in

actual detention or custody of the law.b. The constitutional right is available only in

criminal cases, not, e.g. in deportationproceedings.

Waiver of the right to bail:1) if appellant escapes from prison or confinement2) if appellant jumps bail3) if appellant flees to another country during the

pendency of the appeal

NOTE:Persons charged with offenses punishable by LIFEIMPRISONMENT, when evidence of guilt is strong,are likewise not entitled to bail.

Right to bail is not available in the military.

Apart from bail, a person may attain provisionalliberty through recognizance, which is an obligation ofrecord entered into by a third person before a court,guaranteeing the appearance of the accused for trial.It is in the nature of a contract between the suretyand the state.

Sec. 14. Rights of an accused

1) Rights of a person charged with a criminaloffense

2) Right to due process of law3) Right to be presumed innocent4) Right to be heard by himself and counsel5) Right to be informed of the nature and cause of

the accusation against him6) Right to have a speedy, impartial and public trial

7) Right to meet the witnesses face to face8) Right to have compulsory process to secure the

attendance of witnesses and the production ofevidence in his behalf

DUE PROCESS This means that the accused can only be convictedby a tribunal which is required to comply with thestringent requirements of the rules of criminalprocedure.

PRESUMPTION OF INNOCENCEThe Constitution does not prohibit the legislature from

providing that proof of certain facts leads to a primafacie presumption of guilt, provided that the factsproved have a reasonable connection to the ultimatefact presumed.

Presumption of guilt should not be conclusive.


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RIGHT TO BE HEARD BY HIMSELF ANDCOUNSEL

The right to be heard includes the following rights:

1) Right to be present at the trial2) The right to be present covers the period fromARRAIGNMENT to PROMULGATION ofsentence.

After arraignment, trial may proceed notwithstandingabsence of accused.Note: Trial in absentiais allowed only if the accusedhas been validly arraigned and the following 2requisites are met:

i. Accused has been duly notified;ii. His failure to appear is unjustifiable.

The accused may waive the right to be present at thetrial by not showing up. However, the court can stillcompel the attendance of the accused if necessaryfor identification purposes.

EXCEPTION: If the accused, after arraignment, hasstipulated that he is indeed the person charged withthe offense and named in the information, and thatany time a witness refers to a name by which he isknown, the witness is to be understood as referring tohim.

While the accused is entitled to be present duringpromulgation of judgment, the absence of his counsel

during such promulgation does not affect its validity.

3. Right to counselRight to counsel means the right to EFFECTIVEREPRESENTATION.

If the accused appears at arraignment withoutcounsel, the judge must:

a. Inform the accused that he has a right to acounsel before arraignment

b. Ask the accused if he desires the aid ofcounsel

c. If the accused desires counsel, but cannot

afford one, a counsel de oficiomust beappointed

d. If the accused desires to obtain his owncounsel, the court must give him reasonabletime to get one.

4. Right to an impartial judge

5. Right of confrontation and cross-examination

6. Right to compulsory process to secure theattendance of witnesses

RIGHT TO BE INFORMED OF THE NATURE ANDCAUSE OF ACCUSATION AGAINST HIM

Purposes of the right:a. To furnish the accused with a description ofthe charge against him as will enable him tomake his defenses

b. To avail himself of his conviction or acquittalagainst a further prosecution for the samecause

c. To inform the court of the facts alleged.

If the information fails to allege the material elementsof the offense, the accused cannot be convictedthereof even if the prosecution is able to presentevidence during the trial with respect to suchelements.

The real nature of the crime charged is determinedfrom the recital of facts in the information. It is notdetermined based on the caption or preamble thereofnor from the specification of the provision of lawallegedly violated.

RIGHT TO SPEEDY, IMPARTIAL AND PUBLICTRIALFactors used in determining whether the right to aspeedy trial has been violated:

a. Time expired from the filing of the informationb. Length of delay involved

c. Reasons for the delayd. Assertion or non-assertion of the right by the

accusede. Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation ofthe accuseds right to speedy trialIf the dismissal is valid, it amounts to an acquittal andcan be used as basis to claim double jeopardy. Thiswould be the effect even if the dismissal was madewith the consent of the accused.

Remedy of the accused if his right to speedy trial has

been violateda. He can move for the dismissal of the case.b. If he is detained, he can file a petition for the

issuance of writ of habeas corpus.

Definition o f impartial trialThe accused is entitled to the cold neutrality of animpartial judge.It is an element of due process.

Definition o fpublic trial


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The attendance at the trial is open to all irrespectiveof their relationship to the accused. However, if theevidence to be adduced is offensive to decency orpublic morals, the public may be excluded.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 toobject thereto.

RIGHT TO MEET WITNESS FACE TO FACE

Purposes of the right:a. To afford the accused an opportunity to

cross-examine the witnessb. 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 awitness is due to his own fault or was not due to thefault of the prosecution, the testimony of the witnessshould be excluded.

When the right to cross-examine is demandable?

It is demandable only during trials. Thus, it cannot beavailed of during preliminary investigations.

Principal EXCEPTIONS to the right ofconfrontation

1. The admissibility of dying declarations2. Trial in absentiaunder Section 14(2)

3. With respect to child testimony

Estrada v. People* (468 SCRA 233) (August 25,2005)

Ratio:

Promulgation of judgment in absentia is validprovided that the essential elements arepresent: (a) that the judgment be recorded inthe criminal docket, and, (b) that a copy beserved upon the accused or counsel.

Recording the decision in the criminal docket

of the court satisfies the requirement ofnotifying the accused of the decisionwherever he may be.

Sec. 16. All persons shall have the right to a speedydisposition of their cases before all judicial, quasi-

judicial, or administrative bodies.

Distinction between Section 14 and Section 16.While the rights of an accused only apply to the trialphase of criminal cases, the right to a speedydisposition of cases covers ALL phases of JUDICIAL,QUASI-JUDICIAL or ADMINISTRATIVE proceedings.

Sec. 17. No person shall be compelled to be awitness against himself.

When is a question incr iminating:A question tends to incriminate when the answer ofthe accused or the witness would establish a factwhich would be a necessary link in a chain ofevidence to prove the commission of a crime by theaccused or the witness.

Distinction between an accused and an ordinarywitness

An accused can refuse to take the witness standaltogether by invoking the right against self-incrimination.

An ordinary witnesscannot refuse to take the stand.He can only refuse to answer specific questionswhich would incriminate him in the commission of anoffense.

Scope of rightWhat is PROHIBITED is the use of physical or moralcompulsion to extort communication from the witnessor to otherwise elicit evidence which would not exist

were it not for the actions compelled from thewitness.

The right does NOT PROHIBIT the examination ofthe body of the accused or the use of findings withrespect to his body as physical evidence. Hence, thefingerprinting of an accused would not violate theright against self-incrimination. However, obtaining asample of the handwriting of the accused wouldviolate this right if he is charged for falsification.The accused cannot be compelled to produce aprivate document in his possession which might tendto incriminate him. However, a third person in

custody of the document may be compelled toproduce it.

When the right can be invoked:1. In criminal cases2. In all other government proceedings,

including civil actions and administrative orlegislative investigations.


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Who can invoke the right:a. Only natural persons. Judicial persons are

subject to the visitorial powers of the state inorder to determine compliance with theconditions of the charter granted to them.

Crisostomo v. Sandiganbayan (456 SCRA 45)(April 14, 2005)

Ratio:

The deafening silence of all the accuseddoes not necessarily point to conspiracy. Anaccused has the right to remain silent and tobe exempt from being compelled to be awitness against himself.

Sec. 18. Right against involuntary servitude

INVOLUNTARY SERVITUDEIt is every condition of enforced or compulsoryservice of one to another no matter under what formsuch servitude may be disguised.

Exceptions:1. Punishment for a crime for which the party

has been duly convicted2. Personal military or civil service in the

interest of national defense3. In naval enlistment: a person who enlists in a

merchant ship may be compelled to remain

in service until the end of the voyage4. Posse comitatusfor the apprehension of

criminals5. Return to work order issued by the DOLE

Secretary or the President6. Minors under patria potestasare obliged to

obey their parents.

Sec. 19. Prohibition against cruel, degrading andinhuman punishment

When is a penalty cruel, degrading and

inhuman?A penalty is cruel and inhuman if it involves torture orlingering suffering. (Ex. Being drawn and quartered.)

A penalty is degrading if it exposes a person to publichumiliation. (Ex. Being tarred and feathered, thenparaded 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 contemporarysociety

4. It must not be excessive, i.e. it must serve apenal purpose more effectively than a lesssevere punishment would.

5. Excessive fine6. A fine is excessive, when under anycircumstance, it is disproportionate to theoffense.

NOTE: Fr. Bernas says that the accused cannot beconvicted of the crime to which the punishment isattached if the court finds that the punishment iscruel, degrading or inhuman. The reason for this iswithout a valid penalty, the law is not a penal law.

Sec. 20. No person shall be imprisoned for debt ornon-payment of a poll tax.

Definition of DEBT under Section 20.Debt refers to a CONTRACTUAL obligation, whetherexpress or implied, resulting in any liability to paymoney. Thus, all other types of obligations are notwithin the scope of this prohibition.Thus, if an accused fails to pay the fine imposedupon him, this may result in his subsidiaryimprisonment because his liability is ex delicto andnot ex contractu.

A FRAUDULENT debt may result in theimprisonment of the debtor if:

1. The fraudulent debt constitutes a crime suchas estafa; and

2. The accused has been duly convicted.

Sec. 21. No person shall be twice put in jeopardy ofpunishment for the same offense. If an act ispunished by a law and an ordinance, conviction oracquittal under either shall constitute a bar to anotherprosecution for the same act.

What are the TWO KINDS OF JEOPARDY?

a. First Sentence of Sec. 21: No personshall be twice put in jeopardy ofpunishment for the same offense.

b. Second Sentence: When an act ispunished by a law and an ordinance,conviction or acquittal under eithershall constitute a bar to anotherprosecution for the same act.

Under the first kind of jeopardy, conviction, acquittal,or dismissal of the case without the express consent


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of the accused will bar a subsequent prosecution.Under the second kind of jeopardy, only conviction oracquittal not dismissal without the express consentof the accused will bar a subsequent prosecution.

Requisites for a valid defense of double jeopardy:CODE: ATS1. 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, one that includes or is necessarilyincluded in the first offense, or is an attemptor frustration of the first, or is an elementthereof.

When does jeopardy ATTACH: (1st

requis ite)CODE: CICAV

1. A person is charged2. Under a complaint orinformation sufficient in

form and substance to sustain a conviction3. Before a court of competent jurisdiction4. After the person is arraigned5. Such person enters a valid plea.

When does jeopardy NOT attach:1. If information does not charge any offense2. If, upon pleading guilty, the accused presents

evidence of complete self-defense, and thecourt thereafter acquits him without enteringa new plea of not guilty for accused. There isno valid plea here.

3. If the information for an offense cognizableby the RTC is filed with the MTC.

4. If a complaint filed for preliminaryinvestigation is dismissed.

When does first jeopardy TERMINATE: (2ND

REQUISITE)

1. Acquittal2. Conviction3. Dismissal W/O the EXPRESS consent of the

accused4. 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 reinvestigationfiled by the accused.

4. Discharge of an accused to be a statewitness. This amounts to an acquittal.

When can the PROSECUTION appeal from anorder 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 oron 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 1

stsentence of Sec. 21)

1. Exact identity between the offenses chargedin the first and second cases.

2. One offense is an attempt to commit or afrustration of the other offense.

3. One offense is necessarily included ornecessary includes the other.

NOTE: Where a single act results in the violation ofdifferent laws or different provisions of the same law,the prosecution for one will not bar the other so longas none of the exceptions apply.

Definition of double jeopardy (2nd

sentence ofSec. 21)

Double jeopardy will result if the act punishable underthe law and the ordinance are the same. For there tobe double jeopardy, it is not necessary that theoffense be the same.

SUPERVENING FACTSUnder the Rules of Court, a conviction for an offensewill not bar a prosecution for an offense whichnecessarily includes the offense charged in theformer information where:a. The graver offense developed due to a

supervening fact arising from the same act oromission constituting the former charge.

b. The facts constituting the graver offense becameknown or were discovered only after the filing ofthe former information.

c. The plea of guilty to the lesser offense was madewithout the consent of the prosecutor and theoffended party.

d. Under (1)(b), if the facts could have beendiscovered by the prosecution but were notdiscovered because of the prosecutionsincompetence, it would not be considered asupervening event.


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Effect of appeal by the accused:If the accused appeals his conviction, he WAIVES hisright to plead double jeopardy. The whole case willbe open to review by the appellate court. Such court

may even increase the penalties imposed on theaccused by the trial court.

Sec. 22. No ex post factolaw or bill of attainder shallbe enacted.

EX-POST FACTO LAW One which makes an action done before the

passing of the law, and which was innocent whendone, criminal, and punishes such action.

One which aggravates the crime or makes itgreater than when it was committed.

One which changes the punishment and inflicts agreater punishment than that which the lawannexed to the crime when it was committed.

One which alters the legal rules of evidence andreceives less testimony than the law required atthe time of the commission of the offense in orderto convict the accused.

One which assumes to regulate civil rights andremedies only BUT, in effect, imposes a penaltyor deprivation of a right, which, when done, waslawful.

One which deprives a person accused of a crimeof some lawful protection to which he hasbecome entitled such as the protection of a

former conviction or acquittal, or a proclamationof amnesty.

NOTE: The prohibition on ex post factolaws onlyapplies to retrospective PENAL laws.

Characteristics of an Ex Post FactoLaw1. Refers to criminal matters2. Retrospective3. Causes prejudice to the accused

BILL OF ATTAINDERA bill of attainder is a LEGISLATIVE act which inflicts

punishment W/O JUDICIAL trial.The bill of attainder does not need to be directed at aspecifically named person. It may also refer to easilyascertainable members of a group in such a way asto inflict punishment on them without judicial trial.

Elements of the bill of attainder:1. There must be a LAW.2. The law imposes a PENAL burden, on;3. a NAMED INDIVIDUAL or EASILY

ASCERTAINABLE MEMBERS of a GROUP.

4. The penal burden is imposed DIRECTLY bythe LAW W/O JUDICIAL trial.

ARTICLE IV CITIZENSHIP

Who are citizens of the Philippines?1. Those who are citizens of the Philippines atthe time of the adoption of the 1987Constitution

2. Those whose fathers or mothers are citizensof the Philippines.

3. Those born before January 17, 1973 ofFilipino mothers, who elect Philippinecitizenship upon reaching the age of majority.

4. Those who are naturalized in accordancewith law.

Modes of acquiring citizenship:1. Jus Soli acquisition of citizenship on the

basis of place of birth2. Jus Sanguinis acquisition of citizenship on

the basis of blood relationship3. Naturalization the legal act of adopting an

alien and clothing him with the privilege of anative-born citizen.

NOTE: The Philippines follows (2) and (3)

Election of citi zenship under the 1987Constitution:Prior to the 1973 Constitution, if a Filipina married analien, she lost her Filipino citizenship. Hence, her

child would have to elect Filipino citizenship uponreaching the age of majority.

Under the 1973 Constitution, however, children bornof Filipino mothers were already considered Filipinos.Therefore, the provision on election of citizenshipunder the 1987 Constitution only applies to thosepersons who were born under the 1935 Constitution.In order for the children to elect Filipino citizenship,the mothers must have been Filipinos at the time oftheir marriage. So, if your mother was a Filipina whomarried an alien under the 1935 constitution and youwere born before January 17, 1973, you can elect

Filipino citizenship upon reaching the age of majority.

When must election be made:The election must be made within a reasonableperiod after reaching the age of majority.

Effects of naturalization:1. The legitimate minor children of the

naturalized father become Filipinos as well.2. The wife also becomes a Filipino citizen,

provided that she does not have any


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disqualification which would bar her frombeing naturalized.

Natural-born citizens:1. Citizens of the Philippines from birth who do

not need to perform any actto acquire orperfect their Philippine citizenship.2. Those who elect Philippine citizenship under

Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:General Rule: The Filipino RETAINS PhilippinecitizenshipException: If, by their act or omission they aredeemed, under the law, to have renounced it.

How may one lose ci tizenship (C.A. No. 63):1. By naturalization in a foreign country2. By express renunciation of citizenship3. By subscribing to an oath of allegiance to the

laws or constitution of a foreign country4. By serving in the armed forces of an enemy

country5. By cancellation of certificates of

naturalization6. By being a deserter of the armed forces of

ones country

How may one reacquire citizenship:1. By direct act of Congress2. By naturalization3. By repatriation

Re-acquisition of c itizenship Natural-born Filipinos who are deemed to

have lost their citizenship may re-acquire thesame via repatriation proceedings. Thisinvolves taking an oath of allegiance andfiling the same with the civil registry.

RA 9225- Citizen Retention and Re-acquisition Act

Natural born citizens, who lost theircitizenship by reason of their naturalizationas citizens of a foreign country, are deemedto have reacquired their Philippine citizenship

upon taking the oath of allegiance to theRepublic.

Derivative citizenship- the unmarried childbelow 18 yrs. Old of those who re-acquiredthe citizenship shall likewise be deemed ascitizens of the Philippines.

Distinguish dual citizenship from dual allegiance

Mercado v. ManzanoDual citizenship arises when, as a result of

the concurrent application of the laws of two or more

states, a person is simultaneously considered acitizen of those states. Dual allegiance refers to thesituation in which a person simultaneously owes, bysome positive act, loyalty to two or more states. Dualnationality is involuntary and legal, while dualallegiance is voluntary and illegal.

ARTICLE V SUFFRAGE

Qualifications:CODE: CD18RR

1. Citizen of the Philippines2. Not Disqualified by law3. At least 18years old4. Resident of the Philippines for at least 1 year5. Resident of the place wherein he/she

proposes to vote for at least 6 monthsimmediately preceding the election.

NOTE: NO literacy, property or other substantiverequirement can be imposed on the exercise ofsuffrage.

Residency requirementResidency, under Article V has 2 senses:1. DOMICILE This is in reference to the 1 yearresidency requirement in the Philippines. The

principal elements of domicile physical presence inthe country and intention to adopt it as ones domicile

must concur.2. TEMPORARY RESIDENCE This is in referenceto the 6 month residency requirement in the placewhere one wants to vote. In this case, residence caneither mean domicile or temporary residence.

Disqualifications:1. Any person sentenced by final judgment to

imprisonment of not less than 1 year, whichdisability has not been removed by plenarypardon, provided, however,That such a

person shall automatically reacquire the right2. to vote upon expiration of 5 years after

service of sentence.3. Any person adjudged by final judgment of

having violated his allegiance to the Republicof the Philippines.

4. Insane or incompetent persons as declaredby competent authority.


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To whom does Absentee Voting apply:1. Persons who have the qualifications of a

voter but who happen to be temporarilyabroad

2. Qualified voters who are in the Philippines

but are temporarily absent from their votingplaces

ARTICLE VI THE LEGISLATIVE DEPARTMENT

Sec. 1. The legislative power shall be vested in theCongress of the Philippines, which shall consist of aSenate and a House of Representatives, except tothe extent reserved to the people by the provision oninitiative and referendum.

Classification of legislative power: (O De CO)1. Original Possessed by the people in their

sovereign capacity which is exercised viainitiative and referendum.

2. Delegated Possessed by Congress and otherlegislative bodies by virtue of the Constitution

3. Constituent The power to amend or revisethe Constitution

4. Ordinary The power to pass ordinary laws

Limits on the legislative power of Congress:1. Substantive limitations on the content of

laws.e.g. no law shall be passed establishing a

state religion.2. Procedural limitations on the manner of

passing laws.e.g. generally a bill must go through three

readings on three separate days.3. Congress cannot pass irrepealable laws.4. Congress, as a general rule, cannot delegate

its legislative power, under the maxim delegatapotestas non potest delegari(delegated powermay not be delegated).

Exceptions to non-delegability of legislativepower: (PETAL)

1. Delegation to the people through initiative andreferendum

2. Emergency powers delegated by Congress tothe President

3. Congress may delegate tariff powers to thePresident

4. Delegation to administrative bodies5. Delegation to local governments

What may Congress delegate:Congress can only delegate, usually to administrativeagencies, RULE-MAKING POWER or LAW

EXECUTION. This involves either of two tasks forthe administrative agencies:

1. Filling up the details on an otherwisecomplete statute; or

2. Ascertaining the facts necessary to bring a

contingent law or provision into actualoperation.

Sections 2-4. SENATESect ions 5-7. HOUSE OF REPRESENTATIVES

Senator Representative

24 senators Not more than 250members

35 yrs. old 25 yrs. old

Natural- born citizen of the Philippines

Able to read and write

Registered voter Registered voter in thedistrict in which heshall be elected n/a

to party-list

Resident of thePhilippines for at least2 years immediately

preceding the election

Resident of the saiddistrict for at least 1year immediately

preceding election n/a to party-list

Term of 6 yrs. Term of 3 yrs.

Unless otherwise provided by law, term of officecommence at noon of June 30 next following the

lection

Term limit of not morethan 2 consecutive

years

Term limit of not morethan 3 consecutive

years

NOTE: The qualifications of both Senators andMembers of the House are limited to those providedby the Constitution. Congress cannot, by law, add orsubtract from these qualifications.

Voluntary renunciationFor any length of time shall not be considered as aninterruption in the continuity of his service for the fullterm for which he was elected.

District Representatives:1. Elected from legislative districts which are

apportioned in accordance with the number ofinhabitants of each area and on the basis of auniform and progressive ratio.

2. Each district shall comprise, as far aspracticable, contiguous, compact and adjacentterritory;


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3. Each city with at least 250,000 inhabitants willbe entitled to at least one representative whileeach province will have at least onerepresentative.

4. Legislative districts shall be re-apportioned by

Congress within 3 years after the return ofeach census.5. The standards used to determine the

apportionment of legislative districts is meant toprevent gerrymandering, which is theformation of a legislative district out of separateterritories so as to favor a particular candidateor party.

Distinctions between Term and Tenure

Term TenureThe period duringwhich the electedofficer is legallyauthorized to assumehis office and exercisethe powers thereof

The period duringwhich such officeractually holds hisposition

CANNOT be reduced MAY, by law, belimited

Party-List RepresentativesConstitute 20% of the total number of representativesor a maximum of 50 party-list members.However, for 3 consecutive terms from February 2,1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25seats shall be allotted to sectoral representatives.

Under Art. XVIII, Sec. 7, the sectoral representativesare to be appointed by the President until legislationotherwise provides.

Mechanics of the party-list system1. Registered organizations submit a list of

candidates in order of priority.2. During the ele

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