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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.

BILL OF RIGHTS

The Bill of rights is a guarantee that there are certain areas of a persons life, liberty and
property which governmental power may not touch.

The Bill of rights is a declaratory of fundamental principles and of the basic rights of citizenship.

It enumerates some of the private and inalienable rights of the people, and it has been said that
the rights protected by the Bill of Rights are those that inhere in the great and essential
principles of liberty and free government.

The rights in the Bill of Rights are sometimes referred to as natural laws and as being founded
on natural right and justice.

Any governmental action in violation of the rights declared in the Bill of Rights is void, so that the
provisions of a Bill of Rights are self executing to this extent; however, the legislature may
enact laws to protect and enforce the provisions of the Bill of Rights.

To the law of force rather than the force of law, it is necessary to remind ourselves that certain
basic rights and liberties are immutable (unchangeable) and cannot be sacrificed to the
transient needs or imperious demands of the ruling power. The rule of law must prevail or else
liberty will perish.

The provisions of the bill of rights are primarily limitations on government, declaring rights that
exist without any governmental grant, that may not be taken away by government and that
government has duty to protect.

The fundamental human rights conferred by the Constitution are not absolute.

The totality of governmental power is contained in the three (3) great powers: police power,
power of eminent domain, and power of taxation. These are inherent powers of government. A
constitution can only define and delimit them and allocate their exercise among various
government agencies.

Right to life

The constitutional protection to life is not just a protection of the right to be alive or to the security of
ones limb against physical harm. The right to life is the right to a good life.

Right to liberty

Includes that right to exist and the right to be free from arbitrary restraint or servitude.

The right to enjoy the faculties to which he has been endowed by his Creator, subject only to
such restraints as are necessary for the common welfare.

The chief elements to the guarantee are the right to contract, the right to choose ones
employment, the right to labor and the right to locomotion.

Not only physical liberty but also intellectual liberty.

Right to property

Protected property include all kinds of property found in the Civil Code. It has been deemed to
include vested rights.

Example:
1. The right to labor, such that an employee may not be removed without giving due process;
and
2. The right to public office.
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HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY RIGHTS

The primacy of human rights over property rights are recognized. Because these freedoms are
delicate and vulnerable, as well as supremely precious in our society and the threat of
sanctions may deter their exercise almost as potently as the actual application of sanctions,
they need breathing space to survive, permitting government regulation only with narrow
specificity.

Property and property rights can be lost through prescription; but human rights are
imprescriptible. If human rights are extinguished by the passage of time, then the Bill of Rights
us a useless attempt to limit the power of government and ceases to be an efficacious shield
against tyranny of officials, of majorities, of the influential and powerful, and of oligarchs.

Property is not a basic right. Property has an intimate relation with life and liberty.

Protection of property was a primary object of the social compact and that the absence of such
protection could well lead to anarchy and tyranny.

Property is an important instrument for the preservation and enhancement of personal dignity.

Property is as important as life and liberty and to protect their (poor) property is really to
protect their life and their liberty.

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.
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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 quasi-judicial 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. When it lacks COMPREHENSIBLE STANDARDS

2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application

Equal Protection of the law

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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. Rest on SUBSTANTIAL DISTINCTIONS

2. Be GERMANE to the purposes of the law
3. NOT LIMITED TO EXISTING CONDITIONS only
4. 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).

To be sure, the Judge must go beyond the prosecutors certification and investigation report whenever
necessary (Lim v. Felix).

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.
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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 offense for 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 of Rights that the
things to be seized be particularly described.

VALID WARRANTLESS SEARCH

1. Search made as an incident to lawful arrest

A. An officer making an arrest may take from the person arrested:

i. Any money or property found upon his person which was used in the commission of the
offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of committing violence or escaping or
iv. Which may be used in evidence in the trial of the case

B. 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

2. Search of moving vehicles

A. 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.
B. 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

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

A. To be a valid warrantless search, the articles must be open to the eye and hand.
B. The peace officer comes upon them inadvertently.

5. 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 and seizures is a personal right. Thus, only the person
being 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 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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)

2. 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:
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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. Prohibition against PRIOR RESTRAINT

2. 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
a. movie censorship
b. judicial prior restraint = injunction against publication
c. license taxes based on gross receipts for the privilege of engaging in the business of advertising in
any newspaper
d. flat license fees for the privilege of selling religious books

When prohibition does not apply

a. During a war. Ex. Government can prevent publication about the number/locations of its troops (Near v.
Minnesota, 238 US 697)
b. 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.

Commercial Speech

1. A communication which no more than proposes a commercial transaction.

2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.
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3. Even truthful and lawful commercial speech may be regulated if:

a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. 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

A. 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.

B. 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. OBSCENITY

A. Test for obscenity (Miller v. California)

i. Whether the average person, applying contemporary community standards would find
that the work, taken as a whole, appeals to the prurient interest.
ii. Whether the work depicts or describes, in a patently offensive way, sexual conduct,
specifically defined by law.
iii. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific
value.

B. Procedure for seizure of allegedly obscene publications

i. Authorities must apply for issuance of search warrant.
ii. Court must be convinced that the materials are obscene. Apply clear and present
danger test.
iii. Judge will determine whether they are in fact obscene.
iv. Judge will issue a search warrant.
v. Proper action should be filed under Art. 201 of the RPC.
vi. 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.

2. Rules on assembly in public places:

i. Applicant should inform the licensing authority of the date, the public place where and the time
when the assembly will take place.

ii. 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.

iii. 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.

iv. 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.

3. 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
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discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

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 non-observing 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 non-establishment clause, two requisites must be met. First, it has a secular
legislative purpose. Second, its primary effect neither advances nor inhibits religion.

2. 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.

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

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.
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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

a. Congress
b. 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.
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2. 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 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.

When rights are available:

1) 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.
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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
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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

A. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence.

B. 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.

C. 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.

D. 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
(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable time to
get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses

RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM

Purposes of the right:

1) To furnish the accused with a description of the charge against him as will enable him to make his defenses
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.
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RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

Factors used in determining whether the right to a speedy trial has been violated

1) Time expired from the filing of the information

2) Length of delay involved
3) Reasons for the delay
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

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

Remedy of the accused if his right to speedy trial has been violated

He can move for the dismissal of the case.

If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Definition of impartial trial

The accused is entitled to the cold neutrality of an impartial judge.

It is an element of due process.

Definition of public trial

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.

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 cross-examine 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

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

Principal exceptions to the right of confrontation

1. The admissibility of dying declarations

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

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

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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.
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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:

A. The fraudulent debt constitutes a crime such as estafa and

B. 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.
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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:

A. The graver offense developed due to a supervening fact arising from the same act or omission
constituting the former charge.
B. The facts constituting the graver offense became known or were discovered only after the filing of
the former information.
C. 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

A. There must be a LAW.

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

ARTICLE IV CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the
age of majority.
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4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) Jus Soli acquisition of citizenship on the basis of place of birth

2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship
3) Naturalization the legal act of adopting an alien and clothing him with the privilege of a native-born
citizen.

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

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her
child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution,
however, children born of Filipino mothers were already considered Filipinos. Therefore, the provision on
election of citizenship under the 1987 Constitution only applies to those persons 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 of their marriage. So, if your mother was a Filipina who married an alien under the 1935
constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching the
age of majority.

When must the election be made:

The election must be made within a reasonable period 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 disqualification which would
bar her from being naturalized.

Natural-born citizens:

1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their
Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship

2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport

2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

Re-acquisition of citizenship

Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation
proceedings. This involves taking an oath of allegiance and filing the same with the civil registry.

How may one lose citizenship:

1. By naturalization in a foreign country

2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country

How may one reacquire citizenship:

1. By direct act of Congress

2. By naturalization
3. By repatriation
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ARTICLE V SUFFRAGE

Qualifications: CODE: CD18RR

1) Citizen of the Philippines

2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the
election.

Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage.

Residency requirement

Residency, under Article V has 2 senses:

1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.

2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where
one wants to vote. In this case, residence can either mean domicile or temporary residence.

Disqualifications:

1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not
been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.
3) Insane or feeble-minded persons.

Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years
after the service of sentence.