CONSTI II Reviewer (Bernas) (2021)

FROM THE LECTURES OF ATTY GARCIA AND ATTY DERIJE
- If the power of eminent domain is exercised

in favor of public utilities (technically not the
The 1987 Constitution of the Government), an individual can raise due
Republic of the Philippines process of law
CONSTITUTIONAL LAW II 2) Constitution has no retroactive application.

Whatever rights that are established upon the passage
or the ratification of the constitution, whatever
limitations are embodied therein, t can only be applied
Fundamental Principles of Constitutional prospectively.
Law and the Bill of Rights
GR: No retroactive application.
XPN: If the provision of the constitution is
beneficial to the accused or to a person accused of a
What is the Constitution? crime
Comprehensive definition: That body of rules and
maxims in accordance with which the powers of 3) Constitutional provisions are presumed self-executing.
sovereignty are habitually exercised (Cooley) Self-executing provision- no legislation is necessary
to give effect to it, and if there is nothing to be done
American sense: A constitution is a written instrument by congress to put it into operation
by which the fundamental powers of government are Non self-executing provisions - contemplating and
established, limited and defined and by which these requiring legislation or which assumes the existence of
powers are distributed among several departments, for certain machinery to carry out
their more safe and useful exercise, for the benefit of
the body politic (Justice Miller) A constitutional provision may be self-executing on
one part but not so in another part. Even in the case of
Requisites of good written constitution as to constitutional provision which is self-executing,
contents Congress may enact legislation to facilitate the exercise
1) Constitution of government of the power directly granted by the constitution.
2) Constitution of liberty – group of provisions
setting forth the fundamental rights of the Aspects in the Interpretation and Construction of
people, and imposing certain limitations on the the Constitution
powers of the government Construction- is the act of discovering and
3) Constitution of sovereignty expounding the meaning and intention of the authors
of the law, Constitution with respect to its application
Bill of rights – declaration and enumeration of a to a given case.
person’s rights and privileges which the Constitution is
designed to protect against violations by government Strictly speaking, construction as the process of
or by individuals or group of individuals determining the meaning of the constitution, is the
- It is the bedrock of constitutional government drawing of conclusion with respect to subjects which
- Embodies a basic dogma of democracy- the likely on the direct expression of the text from
transcendental importance of the individual, elements known and given in the text.
the preservation and enhancement of the
dignity and worth of human personality For construction, you have to go beyond the text of
- It reserves for the people certain areas of the Constitution. Whereas; in the interpretation, is
liberty against aggression, and arbitrary actions limited to the inspiration of the text itself. Therefore,
by the government and its agencies. interpretation uses intrinsic aid, however, the
construction depends whether there is an ambiguity in
Principles in Relation to Bill of Rights the Constitution.
1) Bill of rights may only be invoked against the state and Note: Interpretation and Construction are used
its agents or agencies. interchangeably.
GR: As a general rule, the bill of rights can be
invoked only as against the government, the state, its Common Rules of Interpretation and
agents or agencies. Redress for acts by individuals Construction of the Constitution
are either criminal or civil.
XPN: There are certain individuals or group of 1) Effectuation of intent of the framers or the people
individuals which may have to conform to the Bill of  Effect must be given to the intent of
Rights. the framers of the organic law and of
1|CONSTITUTIONAL LAW II | Venteroso

the people who adopted or approved  When the words of a man express
it. meaning plainly, distinctly, and
 The intent must be gathered from both perfectly, there is no occasion to have
the letter and spirit of the recourse to other means of
Constitution. The rule is, the interpretation.
constitution is to be interpreted in the
same spirit in which it should be 9) Doctrine of necessary implication
produced.  A Constitution being generally brief
and comprehensive is not likely to
2) Uniform Construction express all that may be done under it.
 Constitution provisions should not be It is therefore a rule of Constitutional
interpreted on the basis of current construction that whatever is
events, but likewise on the basis of necessary to render effective a
background and the historical events at Constitutional provision, whether the
the time of its adoption that caused same is a grant of power, or a right, or
there being written as part and parcel a prohibition, or a restriction, must be
thereof deemed implied or intended in the
provision itself.
3) Flexible construction
 The Courts are not inclined to adopt Fundamental Principles of the Bill of Rights
such a technical or strained Basis of Bill Of Rights
construction as will unduly impair the 1) The bill of rights is the bedrock of the Constitutional
efficiency of the legislature or meet government
responsibility occasion by changing If the people are stripped naked of their rights
conditions of society a human being, democracy cannot survive, and
 Constitution may to some extent government becomes meaningless. This explains why
likened to a progressive science the Bill of rights contains as it is in the article III of the
 Take into account not only the Constitution occupies a position of supremacy in the
conditions existing at the time of their fundamental way ahead of the articles on governmental
adoption but also those prevailing at powers.
the moment
2) The importance accorded to the dignity and worth of the
individual
4) Liberal construction
 The wordings of a constitutional The inviolable character of a man as an
provision do not have a narrow individual must be protected to the largest possible
meaning but are used in a broad sense extent in his thoughts and in his beliefs as the citadel
with a view if covering all of his person
contingencies.
3) The protection against arbitrary actions of government
and other members of society
5) Practical construction
 The constitutional provision is to be It reserves for the people certain areas of
followed in order that effect may be liberty against aggression and its arbitrary action of the
given in its purpose. government, agencies, and while intended precisely to
restrict the authority of the state. It also guarantees a
6) Whole interpretation measure of freedom from unwarranted restrains of
 The courts should have recourse to the other member of society.
entire instrument if necessary, to
Purpose of Bill Of Rights
ascertain the true intent and meaning
1) To preserve democratic ideals
of any particular provision of the
Constitution The bill of rights is designed to preserve the
ideals of liberty, equality and security against the
7) Effect should be given to every part of the Constitution assaults of opportunism, the expediency of the passing
 If possible, effect should be given to hour, the erosion of small encroachment and the scorn
every part and every word of the of those who have no patience with the general
Constitution, unless there are some principle.
clear reason to the contrary
2) To safeguard fundamental rights
8) Words to be given their ordinary meaning The purpose of the bill of rights is to withdraw
certain subjects from political controversy, to place
them beyond majorities and officials, and to establish Constitutional and statutory rights are also
them as a legal principle to be applied. One’s right to referred to as civil rights in the sense that
life, liberty and property, to free speech, free press, they are acquired under an organized society
freedom of worship and assembly and other and are protected by Constitution and other
fundamental rights may not be submitted to a vote. laws.
3) To promote the happiness of the individual

The concepts of human rights encompasses both civil rights and
The happiness of the individual not the well- the natural rights of the individual.
being of the state is the criterion by which its behavior
is to be judged. Its interest not its power sets the limits Classification of Constitutional Rights
to the authority it is entitled to exercise. Every state 1) Political Rights- Rights of citizens which give
known is known by the rights that it maintains. One the power to participate directly and indirectly
method of judging its character lies above in the in the establishment or the administration of
contribution that it makes to the substance of a man’s the government including the right to discuss
happiness. matter of public interest and criticize the
government. Among these rights are; rights of
Why is there a need for Bill of Rights? citizenship, right of suffrage, the right to information on
1) The people must assert and protect the rights- matters of public concern, the right to form a political
without the bill of rights there is nothing but party, the right to seek and hold public office.
naked power even if exerted in the name of the
law. But a declaration of rights in the 2) Civil Rights- Those rights not connected with
Constitution would not necessarily make the organization or administration of the
available the blessing of the constitutional government which the law will enforce or
democracy to all unless the people redress in a civil action at the instance of a
themselves assert and protect the liberties private individual. Examples are freedom of speech,
and immunities so that their persons, home, freedom of assembly.
peace, livelihood, freedom and happiness may
be safe and secure from an ambitious ruler and 3) Social and Economic Rights- Rights
envious neighbor. intended to secure the well-being and
economic security of individual. The right to
2) The people must guard against misguided property, the right to just compensation for private
reformers- the danger to our free constitutions property taken for public use.
lies not only in those who openly defy the
authority of the government and violate its 4) Rights of the Accused (included in the civil
laws. The greater menace is in those who in the rights) – civil rights intended for the
name of democracy destroys the very things it protection of a person accused of any crime,
stands for so undermine democracy itself. like the right to presumption of innocence, the right to
Classes of Rights a speedy, impartial, and public trial
1) Natural Rights- those rights possess by every State Authority and Individual Freedom
citizen without being granted by the state for Article 32 of the Civil Code provides sanction for the
they are being conferred upon him by the violation of the freedom of an individual citizen. This
creator as a human being so that he may live a is an exemption from doctrine of immunity from
happy life. These rights which belong to man suit of the public officials.
by virtue of his nature are viewed as inherent
and inalienable- existing independently of all DUE PROCESS AND EQUAL PROTECTION AS
human authority. Examples are the right to life, LIMITATION ON POLICE POWER, EMINENT
liberty ad property and the right to love. DOMAIN AND TAXATION
2) Constitutional Rights-Are those rights which A) Fundamental Principles on Constitutional Law

are conferred and protected by the and the Bill of Rights
Constitution. Since they are part of the B) Basic Principles on the Fundamental Powers
fundamental law they cannot be modified or of the State, their characteristics, similarities
withheld by the law making body. and distinctions, and their limitations
C) Due process in general, Article III, Section 1
3) Statutory Rights- They are those rights 1987 Constitution
provided by laws promulgated by law making Procedural and Substantive
body and consequently may be abolished the
same body. Publication of Laws- Tanada Rulings
E.O200

Due Process of Law in General renders judgment after trial. Every

citizen shall hold his life, liberty,
Article 3 Section 1 1987 Constitution. No person property and immunity under the
shall be deprived of life, liberty or property, without
protection of general rules which
due process of law, nor shall any person be denied
the equal protection of the laws. governs society
Section 1 is about the due protection clause and Therefore, due process is granted when the law
equal protection clause. of the state, may it be in the exercise of its police
What is due process of law? power, power of eminent or the power of taxation, one
Section 1 Article 3 answers the question. Otherwise that is valid. It is valid when it is not contrary to the
stated, a person may be deprived by the state of his life, constitution or it is the constitution itself.
liberty and property provided due process of law is Aside from the substantive law, the procedural
observed. aspect of due process must also be followed.
Requisites for applicability Definitions in the context of due process of law

Accordingly, two conditions must concur:  Person- all individuals (includes sojourners
1) Deprivation of life, liberty or property whether citizens or not) within the territorial
2) Deprivation is done with proper observance of jurisdiction of Philippines without regard to
due process of law status, nationality including aliens. Further,
refers to private corporations, only in so far
Due process of law applies in criminal, as their property is concerned. However, for
administrative, civil and labor cases. the life and liberty of artificial person such as
private persons are subject to control and
regulation by law.
In general, for the purpose of underscoring the
 Life-means something more than mere animal
concept of due process of law, any deprivation of life,
existence. It includes decent life, dignity, and
liberty or property by the state must be:
honor. Under Constitution, it extends to the
1) Under the authority of the law that is valid. life an unborn child.
(substantive)  Liberty- denotes not merely freedom from
2) After compliance with the reasonable physical restraints. It embraces the right of an
methods previously established by the law. to use his faculties as his judgment may dictate
(procedural) subject to limitation that it does not violate the
constitution or the rights of others. It does not
The common thread between substantive and
only include freedom from arbitrary restraint
procedural due process are: 1) Law, 2) reason, 3)
but also includes the right to expressions,
fairness
choice, religion
Under several jurisprudence
1) Due process of law is a process or proceeding
according to the law of the land. The law If the aspects of due process: substantive
and procedural are met, then the state may
shall be prescribed to the general harmony of
validly deprive us of these liberties. The
the powers of the legislative department of the same goes thru with life and property.
government.
2) This law shall be reasonable in its operation
 Property- refers to the thing itself with respect
3) This law shall be enforced upon regular
to legal relations between persons exists. It
methods of the procedure prescribed
refers to the rights with the right of a thing.
4) It shall be applicable to all citizens of a state,
Tangible property are those that can be
or to all of a class.
touched and see. The property in connection
to equal protection clause are the rights with
Other definitions
regard to the thing “property right. It includes
 Due process of law means exercise of
right to own, posses, alienate and even to
powers of the government as the
destroy subject to the right of the state and of
settled maxims of law permit and
other persons (intangible property refers to the
sanction under such safeguard for the
“rights”)
protection of individual rights. It
implies the rights of the persons Property Rights of Individuals
affected before the tribunal
1) Employment, profession, trade, calling
 Due process characterize as that- law
GR: If the privilege is granted by the state, it is not
which hears before it condemns.
a property.
Which proceeds upon inquiry and

XPN: If granted for so long at time, it may become 2) Means employed are reasonably necessary
impressed with some for some of property rights, for the accomplishment of the purpose and
thus should not be revoked or canceled without due not oppressive upon individuals.
process of law (above 10 years). It becomes a
property right. Three levels of analysis (White Light Corp v. City
What are some examples which may not be considered property? of Manila)
1) Rational basis test
1) A license to operate a cockpit  is used to review economic legislation,
2) A license authorizing a person to enjoy a property or commercial legislation.
certain privilege. (e.g. Driver’s license, public  This test requires legitimate
office) government interest
2) Intermediate scrutiny test
Property has social function- the state may regulate  It includes gender or illegitimacy
the acquisition, of these property
legislation.
 It requires a substantial government
DOCTRINE: Primacy of Human Rights over Property interest.
Rights- In mentioning life, liberty and property, the  Availability of less restrictive measures
Constitution emphasizes the hierarchy. The must have been considered
Constitution recognizes the superiority of life and 3) Strict scrutiny test
liberty.  There is a need to review statutes or
ordinances that involve or restrict
Deprivation
the exercise of fundamental
1) Deprivation of life- it includes the laws of any
freedoms
of the various physical and mental attributes.
 legislation involving freedom of the
2) Deprivation of liberty- to the extent that one
mind, freedom of expression, speech,
is unduly prevented acting in the way he wishes
suffrage and judicial access. It includes
to do so, there is already a diminution of liberty
regulation on speech, gender or race as
3) Deprivation of property- It does not include
well as other fundamental rights.
only the tangible thing but also the intangible
 It requires that there is compelling
right to such a thing. The deprivation of right
state interest. And that the means
to enjoy, to possess, to destroy that particular
employed, is the least restrictive
thing constitute deprivation.
means have been considered
Properties outside the Commerce of Men
Doctrines relating to substantive due process
Properties that are of public dominion- outside the
1) Void for vagueness doctrine
commerce of man, thus not considered property in
 applies to penal statues. Those which defines a
relation to due process clause.
crime and penalizes it. It must be sufficiently
explicit to who subject to it.
ASPECTS OF DUE PROCESS OF LAW
CLAUSE  The void or indefinite penal statute is
repugnant to the constitution in two respects:
To fall within the aegis of section 1 provision, two
conditions must concur:  It violates due process for failure to
1) Deprivation accord persons especially the parties
2) Such deprivation is done without observance targeted by it fair notice of the conduct
of due process to avoid
 It leaves law enforcers unbridled
Procedural Due Process- refers to the method or discretion in carrying out its provisions
manner by which the law is enforced. Procedure that a and become an arbitrary flexing of the
government must follow before it deprives a person, government muscle
right, liberty or property. 2) Overbreadth doctrine
 decrees that a governmental purpose
Substantive Due Process - the law itself, is fair,
may not be achieved by means which
reasonable and just. It looks whether there is
sweep unnecessarily broadly and
justification to government’s action
thereby invade the area of protected
SUBSTANTIVE DUE PROCESS freedoms.
Requisites
Both doctrines are used as analytical tool for a
1) Interest of the public in general as
facial challenge of statutes in free speech cases.
distinguished from those of a particular class
require the intervention of the state.
 A facial challenge is an examination
of the entire law pointing its flaws and
defects not only in the basis of actual Requisites in criminal cases

operation to parties but also on the 1) Accused has been heard by a court of
assumption or prediction that its very competent jurisdiction
existence may cause others not before 2) The accused is proceeded against the
Court to refrain from Constitutionally orderly process of the law.
protected speeches or activities. 3) Accused is given notice and opportunity to
 In as applied challenge, it considers be heard
extant facts affecting real litigants. 4) The judgment rendered is within authority of
Meaning, only the actual violation Constitutional law.
when the law has become operational
IN ADMINISTRATIVE PROCEEDINGS
or is being implemented.
Cardinal Requirements as set forth in Ang Tibay v.
Court of Industrial relations
To summarize, both doctrines can be used
1) Right to a hearing which includes right to
to challenge law, governmental act which
violates governmental freedom. It may be present one’s case and submit evidence
used in conjunction with facial and applied thereof- As mentioned, hearing is not
challenges. necessarily face to face. In relation to due
process concept, it may denote the opportunity
to he heard, more specifically, the submission
XPN: Both doctrines, are inapplicable to penal statues of position paper to the court.
if the statues: 2) Tribunal must consider the evidence
1) If the statute is challenged as applied presented. Whatever is submitted must be
2) Statues involves free speech considered by the tribunal or the administrative
body hearing the case. The requirement is that
Publication of Laws is part of Substantive Due the tribunal considers. Whether or not the
Process (Tanada v. Tuvera) evidence presented leaning the one or the
Publication must be full text, otherwise, no publication other, depends
at all. (Article 3 of Civil Code) 3) Decision must have something to support
Laws include: itself- In relation to number 2, the judgement
1) Local application on the case, must be supported by any of the
2) Private laws evidence which the tribunal considered as
3) Executive orders substantial to support a conclusion in the
4) Administrative rules and regulations judgment. And it also involves legal support
meaning support by laws, rules and regulations
GR: Laws in general affect inhabitants of the states and even jurisprudence
4) Evidence must be substantial- reasonable
XPN: Rules or laws that govern inner working of
mind might accept a reasonable conclusion.
agencies, which do not affect general public, then they
The proof required in administrative cases is
are not considered laws in relation to publication and
substantial evidence.
in relation to due process clause.
5) Decision must be based on the evidence
presented at least contained in the record
PROCEDURAL DUE PROCESS and disclosed to the parties affected
IN JUDICIAL PROCEEDINGS 6) Tribunal or body or any of its judges must act
on his own independent consideration of
Requisites in civil cases law and facts in consideration of the
1) Impartial and disinterested court clothed by controversy and not accept the opinion of the
law with authority to hear and determine the subordinate.
matter before it 7) Board or the body should in all controversial
2) Jurisdiction properly acquired over the questions render its decision in such a
person or property which is the subject matter manner that the parties know the issues
of the proceeding involved- How the decision laid out.
3) Opportunity to be heard given to the parties
In administrative proceeding, due process of
to adduce evidence on their behalf
law has been recognized to include the following:
4) Judgment to be rendered after lawful hearing
and consideration of such evidence by the a) right to actual or constructive notice
tribunal in deciding the case b) real opportunity to be heard personally to or to
present counsel or
Judicial proceeding includes civil and criminal c) tribunal vested with competent jurisdiction
cases

d) finding by said tribunal supported by 3) They shall be informed of the evidence

substantive evidence made known to the against them. (what the charges are so that he may be
parties affected able to properly defend himself)
4) They shall have the right to adduce evidence
DUE PROCESS in their behalf. (implements the person’s right to be
Judicial proceedings Administrative proceedings
There is trial or face to face May not require a trial or heard and to adduce evidence)
hearing face to face hearing 5) The evidence must be duly considered by the
Rigid requirement of Rigid requirement of investigating committee or official
procedural laws is strictly procedural laws are not designated by the school authorities to hear
observed strictly observed as long as and decide the case. (decision must be sound and
fairness is not
with basis)
compromised
Notice and hearing Minimum requirement is DISMISSALS UNDER LABOR CODE
cannot be dispensed accorded when there is Proceedings on termination of employees in
with fair and reasonable private sector
opportunity to explain Labor Code – provides for the requirements on lawful
one’s side
dismissal of an employee
The notice to enable the
respondent to be heard Requirements on lawful dismissal
and present evidence is 1) substantive
not a mere technicality, it 2) procedural
is an indispensable
requirement of due
Substantive requirement- a dismissal to be valid
process.
must be based on just authorized cause.
XPN: In cases of Note: Under the labor code, notice and hearing is
preventive suspension, required before an employee is dismissed.
neither prior notice is
required. Since it is not a
penalty but only a Procedural Requirement –
preliminary step for
investigation. A) Notice and hearing
In general, party must be A party in an Thus, employee must be given two notices:
assisted by a counsel administrative inquiry 1) of the intention to dismiss indicating
may or may not assisted therein the acts or omission complained of
by a counsel against that employee,
Liberal interpretations of Much more liberal 2) notice of decision to dismiss and
the rules of procedures opportunity to answer and rebut the
charges against in between such notices.
DISCIPLINARY CASES OF STUDENTS
Q: What if just cause or authorized are
GR: The School after having accepted the students for
present, but the two-notice rule was not
enrollment in a given course may not expel him until
followed?
he completes his course,
A: it will not be considered illegal dismissal.
XPN: when he is academically deficient or violated the
But because of the violation of procedural
rules of discipline.
due process, the employer is responsible
While the institution of higher learning accepts a for nominal damage
student, there is no contract between the students
and the school for the latter to remain open during RIGHT TO NOTICE
the entire duration of the course Right to notice where proceeding is in
personam
Procedural due process in disciplinary cases Action in personam-is one where the object of
1) Students must be informed in writing of the which is to bind a articular person although
nature and the cause of any accusation against the suit may concern the right to or
them. (what the charges are so that he may be able to possessions of a tangible thing such as the
properly defend himself) action for a recession of a contract such as
2) They shall have the right to answer the the recovery of the land.
charges against them with the assistance of  The person himself is made liable in
counsel if desired (implements the person’s right to which the tribunal.
be heard and to adduce evidence)  In action in personam notice is an
essential requirement for due process
otherwise the court will not acquire the
jurisdiction which will not bind the motion for reconsideration before such is
defendant. Summons may be given in resolved by the court
person thru registered mail, courier 4) Decision of the labor arbiter was based on
registered in the Supreme Court, service of respective decision papers and memoranda
summons made by leave of court effected by submitted per agreement
publication of general circulation (if unknown 5) Respondent agreed to do away with the formal
or absent) investigation
6) One who supposedly had such right to due
Right to notice where proceeding is in process validly waived the right. For example,
rem or quasi in rem waived the right to silence.
Action in rem- object is to bar indifferently
Exception as to notice and opportunity to be heard
all who might be minded to make and
objection of any sort against the right 1) Conclusive presumption bars admission of
sought to be establish. contrary evidence as long as the presumption is
 It is not a person who is bound based on human experience
rather all the persons in the world 2) The need for expeditious action will justify
which may make an objection omission of requisites
against the right sought to be 3) Pornographic materials, contaminated meat,
establish. drugs
 Form of notice is notice of publication 4) Passport of a person sought may be cancelled
 Quasi in rem- partakes of a nature without hearing
substantially such in rem 5) Immobilization of cars
6) Filthy restaurants
OPPORTUNITY TO BE HEARD
Common Thread:
 A party to be affected by a
personal judgment must have a 1) Urgency in the government action
day in court and an opportunity to 2) There is not enough time for a notice and
be heard. hearing
Notice and opportunity to be heard must be given
to all who may be affected by any adverse decision B) Right to appeal of a losing party
by court. Without both, a person may not be Right to appeal- is not considered as a
affected by any judgment rendered by the court. It is constitutional right. While it is part of due
the basic tenet of due process. process, it is not part of constitutional due
process but merely part of statutory due
If notice is sent and opportunity is presented to be process. The right to appeal is given through
heard, and if a person missed the opportunity, there
statute, meaning by law. In the case of judicial
is already compliance of due process.
proceeding it is given through the rules of
court.
For administrative cases, formal hearing is not  If appeal is not resorted to, what
necessary. other remedies are available?
 Judicial review
A move for reconsideration can cure the lack of  Extraordinary writs of
due process. certiorari, mandamus,
prohibition, quo warranto
There is NO denial of due process when: Cases where there is denial of procedural due
1) Where the opportunity to heard were either process
through pleadings or counter affidavits is 1) An application for probation was denied
accorded. before the applicant was given a chance to be
2) where a party is given the opportunity to heard and to present evidence in support of her
explain their side or to present their case such application for probation
as with respect to his motion for 2) Where a mortgage is canceled before the
reconsideration or to defend his interests in mortgagee was heard
due course 3) Where claimant for workman’s compensation
3) Where petitioners although they were not was not given notice, and the workman’s
furnished any notice of the respondent’s compensation commission ignored his claim of
motion for reconsideration, they were denial of due process
nonetheless able to file their counterarguments
or opposition to the allegations raised in such

4) Where the proclamation of a winning appear on the day set for continuation of the
candidate in an election was set aside without testimony was due to justifiable circumstances
due notice and hearing 24) Where the order of the public service
5) Where the COMELEC relied on its commission prescribing public utility rates was
handwriting experts without affording issued upon ex parte motion without giving the
petitioner the chance to refute their opinions party adversely affected an opportunity oppose
6) Where plaintiff’s complaints was precipitately it
dismissed in an order that is plainly deficient in 25) Where the occupants of condominium,
cogency and plausibility sowing that the socialized housing projects, or apartment, pay
plaintiffs were not accorded of their full day in under an ordinance garbage fees twice the rates
court. being charged on the occupants of lots when
7) Where the judge did not hold a hearing and there is no substantial distinction between
allowed the case to proceed on the basis of the them
evidence submitted by the private respondent 26) Where the award of workmen’s compensation
8) Where party or a counsel was not given notice was made in absence of records showing the
of a pre trial factual or legal basis for such outright award
9) Where the right to appeal is granted by statute 27) Where the petitioner was declared in default
and it is denied despite the compliance with the for his lawyer’s 10-minute delay for courts
requirement of the stature should not be obsessively strict over the
10) Where a motion for postponement is based on occasional lapse of litigants
serious ailment of counsel and consent to 28) Where workers had failed to establish their
postponement of opposing counsel is justified claims for the labor arbiter because access to
but the motion is denied. the evidence needed for the purpose was under
11) Where counsel was absent at the hearing of a control of the employer
case because of ambiguity in the notice of 29) Where the writ of execution is not in harmony
hearing which was conducted without counsel with the judgment which give its life and
12) Where a presidential assistant renders a exceeds it
decision concurring with the decision of the 30) Where a writ of execution was issued against
recommendation of the civil service one who was not impleaded as a party to the
commission which he heads case
13) Where the labor arbiter scheduled a complaint 31) When the adverse court ruling was attributable
for hearing and heard the same before the to the inexcusable negligence appellate counsel
answer was filed 32) Where a municipal ordinance recommended
14) Where the judge denied the first postponement that the closure transfer of a gasoline station
requested and ordered the premature dismissal maintaining that the same must be less than
of petitioner’s claim 100 meters from the nearest public school and
15) Where the trial court proceeded to hear church, but the records show that it never
evidence of the mortgage creditor of exparte attempted to measure the distance
despite the absence of petitioner who was ill 33) Where electric service was immediately
16) Where the resolution disqualifying candidate disconnected without due prior written notice
without the benefit of a hearing
Cases where there is no denial of procedural due
17) Where the petitioner was denied a chance to
process
present evidence even after satisfactorily
explaining its absence during pretrial hearing 1) Where the losing candidate was notified of the
18) Where the petitioner was not given opening of ballot boxes and recount and
opportunity to elevate to SC the question of recanvass of election returns.
jurisdiction 2) Where a party who has knowledge and holds a
19) Where civil case was dismissed without giving document that would bring out the truth as to
the petitioner the opportunity to support his a given situation withholds such document
allegation 3) When the national labor relations commission
20) Where arraignment was made in absencia for decides a labor dispute without giving the
actual arraignment of the accused company a chance to submit the case for
21) Where an action is dismissed upon motion, it arbitration as provided by law and where the
appears that there are issues of facts company was given a chance to be heard and
22) Where judgment is rendered against a surety in to refer the case to an arbitrator that would
an injunction bond without notice to the surety only unduly delay its final disposition
23) Where the trial court orders the testimony of a 4) Where although the provincial government
vital witness stricken of the records when it was not included as a party respondent, the
appears that the failure of the said witness to respondent governor or provincial treasurer

are charged in their official capacity since its failure to reply to the union’s successive letters
inclusion was a mere formality and to bring the company to the bargaining table
furthermore the respondents were represented 19) Where the defendants actually received the
by the provincial attorney copies of summons of the complaints although
5) Where the petitioner was ordered to pay back the service thereof might be defective, but
wages allegedly in disregard on the proof which was corrected by the court
submitted by it that it has already closed to do 20) Where the petitioner wrote to the COMELEC
business in the face of stubbornness on its part 3 letter petitions questioning his opponent’s
to refuse compliance qualification but did not ask for the formal
6) When the trial court issues order granting a hearing of the case so that he could present
motion to dismiss for lack of jurisdiction of the testimonial evidence and the COMELEC
municipal trial court in the ejectment case found on the basis of the documents he had
when the basis of the evidence then submitted attached that there was no sufficient factual
after the parties agreed to the resolution of the basis for the charge
said motion without further hearing 21) Where the adverse parties were given
7) Where the law PD 1472 requires proper notice opportunity to file a motion for
of ejectment to the squatters concerned either reconsideration of an order which was issued
by personal surmise or by posting the same on in pursuant to the petition filed without prior
the lot or door of the apartment as the case may notice to them, as failure to give notice had
be 10 days before his scheduled ejectment in been cured
the premises which had been amply complied 22) Where even though no hearing was conducted
with in the case of the petitioners. a party was given a chance to explain or present
8) Where the general director merely required his side or an opportunity to be heard
submission of a position paper and resolved 23) Where the decision of the labor arbiter is
the labor case summarily thereafter against the supported by substantial evidence though
employer without submitting the case for received ex parte because of failure of the
arbitration petitioner to attend scheduled hearing
9) Where the claim of denial of due process is 24) Where notices of proceedings and the
belied by the records judgment of the Court were sent to counsel of
10) Where the decision is based on evidence record and they were returned unclaimed for
adduced at the hearing or at least contained on such fact should not militate against putting an
the record end to a litigation
11) Where the petitioner received notice of the 25) Where the adverse judgment was attributable
schedule of summary before hearing date and to counsel’s faulty mismanagement of the case
failed to present evidence or his negligence and incompetence as a
12) Where no manuscript of stenographic noted general proposition a client is bound by the
submitted by the board of investigation, but mistakes of his counsel
the decision of the police commission shows 26) Where the complainant caused the delay of the
that both complainant were given the disposition of the case by many motions for
opportunity to be heard postponement and his failure to appear during
13) Where the labor court adopted the report of the scheduled hearing despite due notice
hearing officer 27) Where the judge who wrote the decision did
14) Where the action is a class suit and judgment is not hear the case for while it is true that the trial
rendered against all parties within the class if judge who conducted the hearing would be in
not expressly impleaded the better position to ascertain the truth or the
15) Where the declaration of default of parties was
brought about by their own inaction ASPECTS OF DUE PROCESS (POLICE
16) Where petitioner’s failure to adduce evidence POWER)
was due to her counsel’s manifestation to waive Inherent powers of the state
presentation of evidence and to adopt their 1) Police Power
recorded testimony and evidence in the other 2) Eminent Domain
annulment case 3) Taxation
17) Where the COMELEC to notify the losing
POLICE POWER – limitation of liberty and
party of the date fixed for the promulgation of
property for the benefit of general welfare
its decision but the party later asked for the
reconsideration of the said decision  most essential, least limitable power
18) Where the employer’s failure to be heard was  plenary power of the state to enact
due to various postponements granted to it in such laws and regulations in
relation to persons and property
10 | C O N S T I T U T I O N A L L A W I I | V e n t e r o s o
 inherent and plenary power of the  Section 4 Rule 67 of the 1997 Rules
state of Civil Procedure, just compensation
 power vested in the legislature to must be determined either as of the
establish laws with penalties date of the taking of the property of the
 involves restriction filing of the complaint whichever
comes first
Elements
 GR: Just compensation is the market
1) Impostition of restraint upon liberty
value
2) Exercised for the benefit of the common
= Total compensation (fair market
good value) + consequential damages –
consequential benefits (but in no
Who may exercise? case will the benefits exceed the
 Legislative damages
 May be delegated by the legislative, with
limitations, to the president or the local 3) Existence of due process of law in taking
governments  Notice and opportunity to be heard in
the expropriation proceedings
Requisites for Test of reasonability  GR: The authority must be strictly
1) Lawful Subject – interest of the public construed against the expropriating
2) Lawful Means – means employed are necessary agency and liberally in favour of the
to achieve the purpose and not to oppress property owner
 Expropriation proceedings are to be
Test of ordinance for exercise of police power by resorted only after the other modes of
LGUs (White Light Corp v. City of Manila) acquisitive acquisition has been
1) Must not contravene the constitution or exhausted
statutes
2) Must not be unfair or oppressive Taking
3) Must not be partial or discriminatory  Taking of property is not limited to actual
4) Must no prohibit, but may only regulate trade taking of it.
5) Must be general and consistent with public  Taking must be direct.
policy  Mere notice of expropriation is not sufficient,
6) Must not be unreasonable it must be commenced in court.
Two Types of taking
ASPECTS OF DUE PROCESS (EMINENT 1) Possessory – govt confiscates or occupies
DOMAIN) property
Eminent Domain 2) Regulatory – govt regulation leaves no
 power of the state to take private property for economically viable use of the property
just cause or public purpose and paying just
compensation to the owner Who may exercise?
 Expropriation – procedure for enforcing the 1) Legislative power
power of eminent domain 2) Can be exercised by the Executive, subject to
 Constitutional provisions meant more to limitations set by congress (DELEGATION)
regulate rather than to grant the exercise of 3) LGUs, upon delegation, acting pursuant to an
power ordinance (DELEGATION)
General Limitations RA 7160

1) Existence of public use – public benefit, utility A local government unit may, through its chief
or advantage which contributes to the general executive and acting pursuant to an ordinance,
welfare of the community exercise the power of eminent domain for public
2) Payment of just compensation - sum use, or purpose or welfare for the benefit of the poor
and the landless, upon payment of just
equivalent to the market value of the property.
compensation, pursuant to the provisions of the
Fair value of the property fixed at the time of Constitution and pertinent laws: Provided,
the actual taking or the filing of the complaint however, That the power of eminent domain may
whichever is earlier by the government. not be exercised unless a valid and definite offer has
Consequential Damage and benefits are taken been previously made to the owner, and such offer
into consideration. was not accepted: Provided, further, That the local
 An ejectment suit ordinarily should not government unit may immediately take possession
prevail over the state’s power of of the property upon the filing of the expropriation
eminent domain proceedings and upon making a deposit with the
proper court of at least fifteen percent (15%) of the
fair market value of the property based on the  the court has the power to review the scope of
current tax declaration of the property to be the legislature
expropriated: Provided, finally, That, the amount to  Agrarian Reform, according to the
be paid for the expropriated property shall be constitution, is a public purpose. The court
determined by the proper court, based on the fair shall not have the authority to determine
market value at the time of the taking of the otherwise. It is the Constitution itself which
property.
provides that our agrarian reform is public
purpose
Essential Requisites for LGU to exercise Eminent
Judicial Inquiry into the genuine necessity of the
Domain:
taking
1) Ordinance is enacted authorizing the Local
 Poses as a political question
Chief Executive to exercise the power ED
 Maximum area to be taken should be in line
2) Exercised for public use or benefit of the
with the necessity. No more can be
power
expropriated in any instance than what is
3) Payment of just compensation
needed for the particular use
4) Valid and definite offer has been previously
made, but said offer was not accepted
In case of non-payment
Limitation for LGUs  Taking of property without just compensation
1) Sec 1 - No person shall be deprived of life, is a violation of person’s property right
liberty and property without due process of law  It does not entitle the property owner to
2) Sec 9 - Private property shall not be taken for recover possession of the expropriated
public use without just compensation property
 Right of recovering compensation does not
Expropriation is governed by RULE 67 of the
prescribe
Rules of Court. It has two stages:
1) Condemnation – court issues an order of  Transfer of ownership is effected upon
expropriation declaring that the plaintiff has a payment of just compensation
right of taking the property for public purpose Time which value of the property should reckon
2) Ascertainment of just compensation –
done with the court with the assistance of  Value of the property as of the filing of the
not more than three commissioners complaint
 Title only passes upon full payment of just
Judicial Inquiry of Just Compensation compensation
 Determination of just compensation is  GR: It has been held that where the initial
essentially a judicial function taking was by virtue of a law which was
 Initial determination - executive and subsequently declared unconstitutional,
legislature may make the initial just compensation is to be determined as to the
determination of just compensation date of filing of the complaint and not the
 Final determination - The final say is earlier taking.
with the courts as to what the proper XPN: Where the value of the property is fixed
value should be as of the date it was taken and not as of the date
 Provisions of decree on just compensation are of commencement of the expropriation – AT
unconstitutional THE TIME OF TAKING
 Elements of just compensation
 Correct determination of the amount Requisites of writ of possession in expropriation
proceedings
 Prompt payment – need not be in cash
1) Complaint for expropriation sufficient in form
Standard of just compensation and substance
 Appropriate standard of just compensation is a 2) Provisional determination of just
substantive method compensation for the property sought to be
 RA 8974 – prescribes new standard in expropriated must be made by the trial court
determining the amount of just compensation on the basis of judicial not legislative or
in expropriation cases relating to national executive discretion
government projects 3) Deposit requirement must be complied with
 Legal interest – to be reckoned from the time
ASPECTS OF DUE PROCESS (POWER OF
of the taking (as a matter of law)
TAXATION)
Judicial Inquiry of Public Use Character of the
Taxation
taking
 power of the state to impose charge or burden
upon persons, property or property rights. The
method used by the government for raising in the of the public

revenue. injurious funds
private use
 Taxation is incident of sovereignty and of the
unlimited in range. property.
Hence, there
is no
 Rule of taxation is uniform and equitable. Tax compensable
taking
laws are construed against the government and Persons Community Owner Community
are in favor of the taxpayer, however, affected or class of or class of
exemptions are generally frowned upon. individuals individuals
Rights Life, liberty, Property Property
Taxes – enforced contributions imposed upon the affected property rights rights
rights
citizen.
Benefits Restraint is Just Protection
Who may exercise? for public compensatio and benefit
good n from the
 Generally, the exercise of the power is govt
exercised by the Legislatives, Amount Amount No amount No limit
 may be delegated to the Executive. imposed should not imposed, the
be more than owner is paid
 the LGUs may also exercise taxation, not by sufficient to the market
delegation, but by the law. cover the value
cost of the
license and
Inherent limitations necessary
1. Public purpose expenses of
2. Non-delegability the police
3. Territoriality (situs of taxation) license or
surveillance
4. Exemption of government
Relationshi Relatively Inferior to Subject to
5. International Comity p to the free from impairment certain
Constitutio Constitution prohibitions Constitution
How is due process violated? n al limitation al limitations,
1. Tax is used for private purpose and is prescription
superior to against
2. Tax imposed on property outside the state impairment impairment
provisions of obligation
of contracts
ASPECTS OF DUE PROCESS (SIMILARITIES
AND DIFFERENCES OF THE INHERENT
POWERS OF THE STATE) EQUAL PROTECTION OF THE LAWS
Similarities SECTION 1. No person shall be deprived of life,
 Rest upon necessity liberty, or property without due process of law, nor
 Inherent in a state, inseparable from shall any person be denied the equal protection of
sovereignty, need not be expressly provided in the laws.
the constitution
 Ways for the state to interfere with public Arbitrariness in general may be challenged on the
rights or policy basis of the due process clause, however, if the
 Legislative in nature particular act assailed partakes of an unwarranted
 Imposes a compensation or benefit to the partiality or prejudice, the sharper weapon is the
public equal protection clause.
Police Eminent Taxation Equal Protection Clause

Power Domain
Authority Government May be Government  All persons, similarly situated, should be
granted to treated alike
public utility  Does not require the universal application of
companies
Purpose Property Property Money is law on all things, without distinction
intended for taken for taken for  Signifies that all persons subject to legislation
a noxious public support of shall be treated alike, under like circumstances
purpose is purpose govt
destroyed for
and conditions, both in the privileges conferred
promoting and the liabilities imposed
general  GR: Available to all persons, including private
welfare
corporations as long as their properties are
Effect No transfer, Transfer of Money
at most there right to the contributed concerned.
is a restraint property becomes part
XPN: Municipal corporations are not granted Biraogo v PhilTruth

with this since they are the ones who may break  targeting of specific officials during the
this administration of Pres. Arroyo
 Extends only to civil rights  single out the persons during that specific term
 Not intended to enforce social equality, what is
guaranteed is legal equality Bureau of Customs Employees Association v
 Guaranteed for protection against acts of the Teves
state and does not extend to discrimination by  The BOC and BIR has the primary duty of
private individuals revenue collection, there is a valid substantial
 Does not require absolute equality under all distinction
circumstances
ARRESTS, SEARCHES AND SEIZURES,
 Main question is: whether there is a valid PRIVACY OF COMMUNICATIONS AND
classification of the law? CORRESPONDENCE
 Directed principally against undue favor and
individual or class privilege INTRODUCTION
Rights before trial, specifically, pre-arrest
REQUISITES FOR VALID CLASSIFICATION
Legislative body is allowed to classify the SECTION 2. The right of the people to be secure in
objects of legislation with the indispensable requisite their persons, houses, papers, and effects against
that the classification is not arbitrary. To be valid, it unreasonable searches and seizures of whatever
needs to satisfy the following requirements: (LEGS) nature and for any purpose shall be inviolable, and
1) Must be based on substantial distinctions no search warrant or warrant of arrest shall issue
that makes real differences except upon probable cause to be determined
2) Must be germane to the purpose of the law personally by the judge after examination under oath
or affirmation of the complainant and the witnesses
3) Must not be limited to existing conditions
he may produce, and particularly describing the
only place to be searched and the persons or things to be
4) Must apply equally to all members of the seized.
class SECTION 3. (1) The privacy of communication and
correspondence shall be inviolable except upon
The rule is that the classification is valid and it is the lawful order of the court, or when public safety or
burden of proof for those who question it to prove order requires otherwise as prescribed by law.
the invalidity of the classification. (2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
Rational Basis Test
 Laws are upheld if they rationally further a
legitimate government interest Section 2 – Right to Security of Persons
 A law is not invalid because of simple
 freedom from fear – an international right
inequality since the very idea of classification is
 inherently of bodily and spiritual security
the existence of inequality. All that is required
 guarantee of one’s rights by the government
of a valid classification is that it be reasonable.
 pertains to persons, houses, papers and
Relevant provisions on classification effects of a person
 protects all persons, including aliens. And
Article 2, Section 14
artificial persons, to a certain extent.
Article 3, Section 11  Ruled strictly in favor of the individual
Any evidence obtained from illegally acquired
Article 9, Section 10 warrants or invalid warrantless search conducted
shall be considered fruits of the poisonous tree.
RULE 126 SEARCH AND SEIZURE

EQUAL PROTECTION OF THE LAWS – Section 1. Search warrant defined. – A search
CASES warrant is an order in writing issued in the name of
the People of the Philippines, signed by a judge and
Quinto v COMELEC (GR 189698) directed to a peace officer, commanding him to
 automatic resignation of appointive officials search for personal property described therein and
upon filing of COC bring it before the court.
 distinction of elected and appointed officials
Nature of application of search warrant Special criminal process – prosecution’s

conformity is not necessary
 not a criminal action, nor does it represent a
commencement of a criminal prosecution. Not GR: An application for search warrant shall be filed
a proceeding, but solely used to acquire within any court whose territorial jurisdiction the
property from an individual. Similar to John crime was committed.
Doe Proceedings. Anyone may file for a search
XPN:
warrant.
 Similar to warrant of arrest, the things to be  Application may be made in any court within
seized, and placed to be search must be the judicial region where the crime was
particularly described committed if the place of the commission of
 Validity will depend upon compliance with the crime is known (MUST STATE
Rule 126 COMPELLING REASON)
 Application may be made in any court within
John Doe Proceedings – independent investigatory
the judicial region where the warrant shall
tool to ascertain whether a crime has been
be enforced. – continuing crime (MUST
committed and so by whom. It allows law
STATE COMPELLING REASON)
enforcement officers, granted by the judge, to
investigate. Resorting to the exceptions is only available for
compelling reasons.
Necessity for search warrant – no search and
seizure may be made without a valid search warrant When there is already a criminal action, application for
issued by a competent judicial authority. search warrant shall be made in the court where the
criminal action is pending.
ARREST, SEARCH AND SEIZURE Application for search warrant is not trial, not is it
ARREST SEARCH AND part of the trial.
SEIZURE Ancillary and not criminal
Taking of person into Concerned with the
custody seizure of personal AM NO 99-20-09-SC
property subject of the The following are authorized to act on all
offense applications for search warrants involving
A probable cause of arrest is not equal to a heinous crimes, illegal gambling, dangerous
probable cause for search and seizure, vice-versa. drugs and illegal possession of firearms:
Judge, and not the Probable cause needs to The Executive Judge and Vice Executive Judges of
prosecutor, must have show that particular Regional Trial Courts, Manila and Quezon City, filed
substantial facts in his things connected to a by the Philippine National Police (PNP), the
hands that would tend crime are found in a National Bureau of Investigation (NBI), The
to show that the crime specific location. Presidential Anti-Organized Crime Task Force
has been committed (PAOC-TF) and the Reaction Against Crime Task
Any time of the day Served during the day Force (REACT-TF) with the Regional Trial Courts
time, unless stated of Manila and Quezon City.
otherwise
Issuance of warrant of Does not require the
Applicability
arrest presupposes the existence of a criminal
existence of a pending case Crimes - heinous crimes, illegal gambling, dangerous
criminal case drugs and illegal possession of firearms
Sec. 3. Personal property to be seized. – A search
Sec. 2. Court where application for search warrant warrant may be issued for the search and seizure of
shall be filed. – An application for search warrant personal property:
shall be filed with the following: (a) Subject of the offense;
(a) Any court within whose territorial jurisdiction a (b) Stolen or embezzled and other proceeds, or fruits
crime was committed. of the offense; or
(b) For compelling reasons stated in the application, (c) Used or intended to be used as the means of
any court within the judicial region where the crime committing an offense.
was committed if the place of the commission of the
crime is known, or any court within the judicial
region where the warrant shall be enforced. GR: Things taken that are not specifically mentioned
However, if the criminal action has already been in the warrant must be returned to the owners if they
filed, the application shall only be made in the court were illegally seized and they cannot be presented to
where the criminal action is pending. court as evidence- fruit of a poisonous tree.
XPN: Even if a thing is not mentioned in the warrant, Main question in particularly describing the place to be
but upon seizure, it is discovered that it is a searched: can the officers pinpoint to one specific
contraband (possession of which constitutes a place?
crime), they shall be confiscated in favor of the
The place or thing are particularly described
state or destroyed as the case may be.
when:
If the objects acquired are already in the possession of
1) When the description therein is specific as the
the court, however, subsequently no criminal action
circumstances will allow
was filed, the same should be returned to the rightful
2) When the description expresses a conclusion
owner- subject to the period prescribed by law for
of fact, not of law, by which the warrant officer
holding (refer to Crim)
may be guided in making the search and seizure
Sec. 4. Requisites for issuing search warrant. – A 3) When the things described are limited to those
search warrant shall not issue except upon probable who bear direct relation to the offense for
cause in connection with one specific offense to be which the warrant is being issued
determined personally by the judge after
examination under oath or affirmation of the The law does not require that the things to
complainant and the witness he may produce, and be seized must be described in precise and minute
particularly describing the place to be searched and details as to leave no room for doubt on the
the things to be seized which may be anywhere in searching
the Philippines.
What is prohibited is a warrant which bears an
unknown party, not one which bears minimal
Requisites discrepancy when the person, object, address can still
1) it must be issued upon "probable cause"; be specifically determined.
2) probable cause must be determined
personally by the judge; The rules for seizure of contraband items is
3) such judge must examine under oath or much more relaxed, according to jurisprudence.
affirmation the complainant and the Minimal description would suffice. But if the items are
witnesses he may produce; not illegal, it must not be broad and must be as specific
4) the warrant must particularly describe the as possible.
place to be searched and the persons or A warrant may be partly valid and partly void.
things to be seized. The one which is too general which includes things not
5) applicant and witnesses must testify on the connected with the crime, it is void. On the other hand,
facts personally known to them if the part particularly describes specific objects, they
Absence of one will result to nullification. are valid.
Probable Cause The law does not require that the property to
 such facts and circumstances which could lead be seized is owned by the person whom the property
a reasonable discreet and prudent man to is taken from. It is sufficient that the person is in
believe that an offense has been committed. It possession and control of the object.
must be within the personal knowledge of the Section 5. Examination of complainant; record. The
complainant or the witnesses he may produce judge must, before issuing the warrant, personally
and not based on mere hearsay. It need not be examine in the form of searching questions and
accurately correct, as long as incriminating. answers, in writing and under oath, the complainant
 Must be determined by the judge himself and and the witnesses he may produce on facts
not the applicant, personal examination personally known to them and attach to the record
through searching questions their sworn statements, together with the affidavits
*Issuance of a search warrant is for one specific submitted.
offense only. Issuance for multiple offenses is in
violation of Section 4. Section 6. Issuance and form of search warrant. —
If the judge is satisfied of the existence of facts upon
Take note of Uy v BIR re: sufficiency of discrepancy which the application is based or that there is
in the address indicated in the Search Warrant. probable cause to believe that they exist, he shall
issue the warrant, which must be substantially in the
 SC states that the discrepancy is not material, form prescribed by these Rules.
the description is sufficient if the place is
distinguishable Effect of the noncompliance with the requirements
 By the description in the body, the officers can will render the issuance null. The party may file a
only find one place which fits the description motion to quash the search warrant. However, if no
Description of place or thing
objection about the legality is raised DURING THE witnesses of sufficient age and discretion residing in
TRIAL, it is deemed waived. the same locality, leave a receipt in the place in which
he found the seized property.
Section 7. Right to break door or window to effect
search. — The officer, if refused admittance to the
place of directed search after giving notice of his Section 12. Delivery of property and inventory
purpose and authority, may break open any outer or thereof to court; return and proceedings thereon. —
inner door or window of a house or any part of a house (a) The officer must forthwith deliver the property
or anything therein to execute the warrant or liberate seized to the judge who issued the warrant, together
himself or any person lawfully aiding him when with a true inventory thereof duly verified under
oath.
unlawfully detained therein.
(b) Ten (10) days after issuance of the search
Principle of Knock and Announce – officer should warrant, the issuing judge shall ascertain if the return
provide notice to the occupant of the house, show their has been made, and if none, shall summon the
authority and demand entry to the house. Breaking in, person to whom the warrant was issued and require
to execute the search warrant, is only allowed if there him to explain why no return was made. If the return
has been made, the judge shall ascertain whether
is refusal from the occupant to allow entry for the
section 11 of this Rule has been complained with
officer despite doing the acts mentioned. and shall require that the property seized be
Check People v Salangit. delivered to him. The judge shall see to it that
subsection (a) hereof has been complied with.
Requirements for forced entry:
1) Officer gives purpose and authority (c) The return on the search warrant shall be filed
2) He is refused admittance to the place despite and kept by the custodian of the log book on search
notice warrants who shall enter therein the date of the
3) Purpose of breaking is to execute the warrant return, the result, and other actions of the judge. A
Section 8. Search of house, room, or premise to be violation of this section shall constitute contempt of
made in presence of two witnesses. — No search of court
a house, room, or any other premise shall be made
except in the presence of the lawful occupant VALID WARRANTLES SEARCHES
thereof or any member of his family or in the Section 13. Search incident to lawful arrest. — A
absence of the latter, two witnesses of sufficient age person lawfully arrested may be searched for
and discretion residing in the same locality. dangerous weapons or anything which may have been
used or constitute proof in the commission of an
offense without a search warrant.
Section 9. Time of making search. — The warrant
must direct that it be served in the day time, unless Preceding a warrantless search is a valid arrest and that
the affidavit asserts that the property is on the the search must be limited to space (made on the
person or in the place ordered to be searched, in person arrested and immediate vicinity or control) and
which case a direction may be inserted that it be time (earliest time possible)
served at any time of the day or night.
Property taken without a valid warrant is considered
Unlike a warrant of arrest which may be executed Consented Search – searches with the express waiver
anytime of the day, a search warrant must be executed of the person being searched. Right against warrantless
during daytime, except if the property is on the person. search has been voluntarily waived.
If the time is blank, it must be executed in the day time. - The person gives a law
enforcement agent permission to search in areas which
Section 10. Validity of search warrant. — A search such person has reasonable expectation of privacy.
warrant shall be valid for ten (10) days from its date.
Thereafter it shall be void. -It must unequivocal, specific
and intelligently given. Consent CANNOT be
The same search warrant may be used again for the waivered from mere silence.
same purpose, as long as it is used within 10 days.
It can also be extended as long as it is a continuation Custom Search – ports, vessels, aircrafts or public
of the search. utilities in relation to different laws which allow this as
long as in accordance with the Tariff Law. Privacy is
diminished in these public areas since inspections are
Section 11. Receipt for the property seized. — The
conducted in these areas for the safety of the General
officer seizing property under the warrant must give
Public. Other than that, the law expressly grants the
a detailed receipt for the same to the lawful occupant
of the premises in whose presence the search and authority of airports, seaports and other public places
seizure were made, or in the absence of such to conduct inspections.
occupant, must, in the presence of at least two
Plain View Doctrine – objects within the sight of an Inspection of buildings or other premises – it is
officer who has a right to be in a position to have the conducted for the enforcement of fire, sanitary and
view and subject to seizure and may be presented as building regulations.
evidence, without a warrant. It presupposes a situation
Canine Dog Sniff Test – conducted in an airport or
where the officer is not searching for evidence against
public area.
the accused, but inadvertently, comes across an
incriminating object. Thermal Imaging – if conducted in public places,
valid. If done in surveillance of private places, there
Elements for Plain View Doctrine
must be authority or valid search warrant.
1) Prior and valid intrusion based on a valid
Section 14. Motion to quash a search warrant or to
warrantless arrest in which the police legally
suppress evidence; where to file. — A motion to quash
present in the pursuit of their official duties.
a search warrant and/or to suppress evidence obtained
2) Evidence was inadvertently discovered by the
thereby may be filed in and acted upon only by the
police who have the right to be where they are
court where the action has been instituted. If no
3) Evidence must be immediately apparent and
criminal action has been instituted, the motion may be
not hidden. Must be plainly exposed.
filed in and resolved by the court that issued the search
4) Plain view justified seizure of object without
warrant.
further search
However, if such court failed to resolve the motion and
Terry Search/Stop and Frisk Rule – police officer’s
a criminal case is subsequent filed in another court, the
experience and surrounding condition or
motion shall be resolved by the latter court.
circumstances which would warrant a belief that a
person must be stopped and then frisked. SITUATIONS
Valid Stop – officer has a reasonable belief that 1) There is still no criminal complaint or
criminal activity has happened or is about to happen. information filed in court and an application
for search warrant was filed and was
Frisk – made after the stop. Must be outside the
subsequently issued – the warrant may be
person’s undergarment.
questioned via motion to quash.
There is only an authority to do further search if upon 2) There is already a criminal case and an
frisk of the outergarments, there is reasonable belief application for search warrant was filed and
that there is a concealed weapon. was subsequently issued – the court where the
action was filed will also resolve the motion to
Search of Moving Vehicle - it is not practical to
quash
secure a search warrant of a vehicle since it can quickly
3) An information was filed in one court and the
moved out of the jurisdiction of where the warrant was
search warrant was filed in another - thew
made. In order to allow this, there must be an initial
motion to quash shall be filed where the
determination of probable cause- reasonable ground of
criminal case is pending
suspicion.
Who may assail the issuance of a search warrant?
Search of moving vehicles may usually be conducted at
check points. May only be assailed by the party who’s rights
are impaired by the unlawful search and seizure.
Requirements for a valid checkpoint:
In a motion to quash, the main focal point is the
1) Location of checkpoints must be fixed
validity of the search warrant.
2) Location must be determined by responsible
officers If the application for search warrant is granted while
3) Checkpoints must be manned by at least one the case is already on-going, a petition for certiorari
officer to command for responsibility purposes may be filed with the higher court. Result of which
4) Search for checkpoint must be limited to visual shall NOT dismiss the case.
search
However, if the application for search warrant is
5) One must not be detained longer than what is
granted while there is no on going criminal case, then
necessary for a visual search, when there is no
the denial for search warrant disposes the case.
reasonable belief to conduct a more extensive
search.
Exigent and Emergency Circumstances - applies
during extraordinary times where warrantless search
are allowed such as coup d’etat, rebellion, or instances
where the courts are not open.
FREEDOM OF EXPRESSION punishment has a strong presumption of

unconstitutionality.
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
Characteristics of freedom of expression
the right of the people peaceably to assemble and
petition the government for redress of grievances.  Civil and political right
 It is not absolute
Coverage  Allows to freely express and why you are
1) Speech expressing it
2) Expression  It is essential to the happiness of an individual
3) The press  Essential to the spread of the truth. It
4) Right of the people peaceably to assemble encourages debate and discussions
5) Petition the government for redress of  Involves scrutiny of the acts of public officials.
grievances It is central to the guarantee of freedom of
expression.
Scope of protected freedom of expression under  Enables responsive and popular government
the Constitution  Sporting the idea of fair play
1) Freedom of speech  Indispensable condition of every other form of
2) Freedom of the press freedom
3) Right of assembly and to petition the
government for redress of grievances The right is not absolute
4) Right to form associations or societies not May be curtailed by prior restraint or
contrary to law subsequent punishment. However, prior restraint or
5) Freedom of religion subsequent punishment may be valid in some
6) Right of access to information on matters of instances.
public concern
Prior restraint - official governmental restrictions on
Expression the press or other forms of expression in advance of
Expression includes any form – whether it be actual publication or dissemination or a curtailment on
oral, written utterances, they cover peaceful the freedom of expression made through restrictions
picketing where one silently expresses what he has in in advance of publication and dissemination.
mind, street demonstrations, salute to a flag etc.
Prior restraint includes governmental acts that
Freedom of expression, specifically, the right require approval of a proposal to publish, licensing, or
to assemble is qualified by the word peaceably. So, it permits as prerequisites to publication, including the
must be peaceable assembly. payment of license taxes for the privilege to publish
and even injunctions against publication. Even the
Conduct is also treated as a form of speech. closure of the business and printing offices of certain
Even inaction is a symbolic manner of communication. newspapers resulting in the discontinuation of their
The word expression also covers mere expression of printing and publication are deemed previous restraint
an opinion not made publicly. or censorship.
Press covers every sort of publication, whether (Soriano v. Laguardia)

it be newspapers, periodicals, magazines, books, hand GR: Expression should not be subject to prior
bills, leaflets and etc., radio, and televisions, as restraint or censorship because the Constitution
instruments of mass communication are also included commands.
within the term. XPN:
1) Pornography/obscenity
2) False or misleading advertisement
Faces printed in your t-shirts or tattoo, which
3) Advocacy of imminent lawless action
expresses some form of communication or opinion or 4) Danger to national security
a stance is part of this umbrella of freedom of
expression. Subsequent punishment – Common lawful subject
which may be considered by our Supreme Court as
Freedom of expression substantive evil. It is a limitation on the power of the
It has been identified with the liberty to discuss State from imposing a punishment after publication or
publicly and truthfully all matters of public interest dissemination. (Ex. libel suits, seditious speech, action for
without prior censorship or subsequent punishment. It damages, contempt proceedings in court)
also includes the right to communicate and disseminate
one thought or beliefs and to circulate what is Freedom from subsequent punishment is not absolute;
published. Thus, any prior restraint or subsequent it may be properly regulated in the interest of the
public. The State may validly impose penal and/or that defamation laws be crafted with
administrative sanctions such as in the following: care to ensure that they do not stifle
1) Libel freedom of expression.
2) Obscenity – The Supreme Court declared that
the determination of what is obscene is a Other provisions in the Cyber
judicial function (Pita v. CA) Crime Law which constitutionality
3) Criticisms of official conduct – Constitutional were attacked
guarantee requires a federal rule that prohibits 1) cybersex – what is actually
a public official from recovering damages for a penalized is the doing of the act for
defamatory falsehood relating to his official a consideration
conduct unless he proves that the statement 2) identity theft – stealing someone’s
was made with actual malice (New York identity
Times v. Sullivan) 3) data interference – vandalism
4) Rights of students to free speech in school 4) spam –
premises are not absolute – The school cannot UNCONSTITUTIONAL.
suspend or expel a student solely on the basis Because this form of commercial
of the articles he has written except when such communication, even if it is
article materially disrupts class work or commercial, it is nevertheless a
involves substantial disorder or invasion of form of communication that is still
rights of others (Miriam College Foundation protected. To prohibit the
v. CA) transmission of unsolicited ads
would deny a person the right to
Types of prior restraint read his emails even unsolicited
1) CONTENT-BASED RESTRICTIONS– commercial ads addressed to him.
test discussed is a test as against content-based Commercial speech is a separate
restrictions. As the term implies, means the category of speech which is not
restriction is as to the content of the accorded the same level of
speech. protection as that given to other
 freedom of expression and National constitutionally guaranteed forms
Security of expression but is nonetheless
 One of the categories where entitled to protection. These
prior restraint on expression unsolicited advertisements are
may be done by the legitimate forms of expression.
government is if there is danger
to National Security. ~END ~
 When government implements
a prior restraint or a
subsequent punishment to the ARTICLE 353. Definition
exercise of the freedom of of Libel. — A libel is a
expression, it comes to court public and malicious
with a presumption of imputation of a crime, or of
unconstitutionality a vice or defect, real or
imaginary, or any act,
omission, condition, status,
 freedom of expression and criticism or circumstance tending to
of official conduct or the test of cause the dishonor, discredit,
actual malice. or contempt of a natural or
Definition; presumption of malice; juridical person, or to
who are responsible blacken the memory of one
Disini v. Secretary of Justice who is dead.
RULING: Libel is not a
constitutionally protected speech and ARTICLE 354.
that the government has an obligation Requirement for
to protect private individuals from Publicity. — Every
defamations. defamatory imputation is
presumed to be malicious,
even if it be true, if no good
Furthermore, the United
intention and justifiable
Nations Human Rights Committee did motive for making it is
not actually enjoin the Philippines to shown, except in the
decriminalize liber. It simply suggested following cases:
the imputation of a crime

1. A private which cannot be prosecuted
communication de officio shall be brought
made by any person except at the instance of and
to another in the upon complaint expressly
performance of any filed by the offended party.
legal, moral or social
duty; and Defenses against libel
2. A fair and true  In performance of legal, moral
report, made in good or social duty – exception of the
faith, without any presumption of malice (Art 354
comments or
[1])
remarks, of any
judicial, legislative or  A fair and true report, made in
other official good faith - exception of the
proceedings which presumption of malice (Art 354
are not of [2])
confidential nature, IN ORDER TO COUNTER
or of any statement, THE EXCEPTIONS TO THE
report or speech PRESUMPTION OF MALICE,
delivered in said ACTUAL MALICE MUST BE
PROVED.
proceedings, or of
any other act
performed by public  Proof of truth - In any criminal
officers in the prosecution for libel the truth may
exercise of their be given in evidence to the court
functions. and if it appears that the matter
charged as libelous is true and
ARTICLE 360. Persons moreover and it was published
Responsible. — Any with good method motives and
person who shall publish, justifiable ends, the defendants
exhibit or cause the shall be acquitted.
publication or exhibition of  Fair commentaries on matters
any defamation in writing or
of public interests (Borjal v. CA)
by similar means, shall be
responsible for the same.  Public figures – Officials must
not be too thin skinned. Criticisms
The author or editor of a or probably libelous remarks or
book or pamphlet, or the comments comes within the
editor or business manager territory of a public officer. Even if
of a daily newspaper, the person is not a public figure as
magazine or serial long as he is involved in a public
publication, shall be issue, he may be considered a
responsible for the subject of a fair commentary.
defamation contained XPN of XPN: if actual malice is
therein to the same extent as proved
if he were the author thereof.
The criminal action and the Cyber Crime Law of 2012

civil action for damages in
cases of written defamation, SEC(4) Libel. — The unlawful or
as provided in this chapter, prohibited acts of libel as defined in
may be filed simultaneously Article 355 of the Revised Penal Code,
or separately with the Court as amended, committed through a
of First Instance of the computer system or any other similar
province wherein the libel means which may be devised in the
was published, displayed or future.
exhibited, regardless of the SEC. 5. Other Offenses. — The
place where the same was following acts shall also constitute an
written, printed or offense:
composed. (a) Aiding or Abetting in the Commission of
Cybercrime. – Any person who willfully
No criminal action for abets or aids in the commission of any of
defamation which consists in
the offenses enumerated in this Act shall (Garcia v. Manrique)

be held liable.  Sub judice rule - Purpose of the
(b) Attempt in the Commission of Cybercrime. sub judice rule is to preserve the
— Any person who willfully attempts to impartiality of the judicial
commit any of the offenses enumerated system protecting it from undue
in this Act shall be held liable. influence. (Marantan v. Diokno)
GR: It restricts comments and
Sec 5 with respect to Section 4(C)(4) is disclosures pertaining to pending
unconstitutional. Its vagueness raises judicial proceedings.
apprehension on the part of internet users XPN: A fair and true report, made
because of its obvious chilling effect on the in good faith, without any
freedom of expression, especially since the comments or remarks, of any
crime of aiding or abetting ensnares all the judicial, legislative or other official
actors in the cyberspace front in a fuzzy proceedings which are not of
way. What is more, as the petitioners point confidential nature, or of any
out, formal crimes such as libel are not statement, report or speech
punishable unless consummated. In the delivered in said proceedings, or of
absence of legislation tracing the any other act performed by public
interaction of netizens and their level of officers in the exercise of their
responsibility such as in other countries, functions.
Section 5, in relation to Section 4(c)(4) on o The comments that may be
Libel, Section 4(c)(3) on Unsolicited considered as contemptuous
Commercial Communications, and Section are the following:
4(c)(2) on Child Pornography, cannot 1) comments on the merits of
stand scrutiny. (UST) the case
2) intemperate and
 freedom of expression and the right unreasonable comments
to privacy. on the conduct of the
courts with respect to the
Philippine Journalists Incorporated case
v Thoenen
RULING: The article is not within the
 symbolic expression
realm of protected speech. Supreme Court
Texas v. Johnson
held that it is libelous. It is neither private
RULING:
communication nor a fair, true report
US Supreme Court said : to say that
without any comments or remarks. A
the Government has an interest in
Written Letter containing libelous
encouraging proper treatment of
matter cannot be classified as privilege
the flag is not to say that it may
when it is published and circulated in
criminally punish a person for
public which was what the petitioners
burning a flag as a means of
did in this case
political protest. The decision is
merely a reaffirmation of the
~END ~
principles of freedom and
inclusiveness that the flag best
 freedom of expression in the
reflects
administration of justice in relation
to the Judiciary or the courts
~END ~
 GR: Fair criticisms may be hurled
at the courts. If the following are
 In the Philippine setting, we have
present then the criticisms against
laws that venerate and regard as
the court may be considered “fair”:
sacred the Philippine flag:
1) It must be made in good faith.
1) Administrative Code of 1987
2) It must be couched in
2) Act No 2928
respectful language
3) RA 8491 (The Flag and
3) It must be directed at the
Heraldic Code of the
merits of whatever action the
Philippines)
court performs or performed.
and;
 assembly and petition
4) It must not downgrade the
Court or insult its members.
 right of assembly - the right on the one entitled to its legal

the part of the citizens to meet possession is required
peaceably for consultation in 3) The campus of a government
respect to public affairs and to owned and operated educational
discuss public issue institution which shall be subject to
 right of petition - the right of the rules and regulations of said
any person or group of persons educational institution
to apply without fear or penalty
to the appropriate branch or  Prohibited act - The holding
office of the government for of any public assembly by any
redress of their grievances. leader or organizer without
 It must be remembered that having first secured that
the right of peaceable assembly written permit where a permit
and petition, while a is required from the office
sacrosanct, is not absolute. It concerned, or the use of such
may be regulated that it shall permit for such purposes in any
not be injurious to the equal place other than those set out
enjoyment of others having in said permit shall constitute a
equal right, nor injurious to the violation of the Act.
rights of community or society. XPN: NO PERSON CAN BE
xxxBP No 880 is not an PUNISHED OR HELD
absolute ban of public CRIMINALLY LIABLE FOR
assemblies but a restriction that PARTICIPATING IN OR
simply regulates the time, place ATTENDING AN
and manner of the assemblies. OTHERWISE PEACEFUL
(Bayan v. Ermita) ASSEMBLY
Act of 1985 or Batas DELA CRUZ v. CA

Pambansa Bilang 880 RULING:
 Public assembly - any rally, The teachers did not exercise their rights within
demonstration, march, parade, reasonable limits
procession or any other form xxxThe public school teachers in the case of the 1990
of mass or concerted action mass actions did not exercise their constitutional rights
held in a public place for the within reasonable limits. On the contrary, they
purpose of presenting a lawful committed acts prejudicial to the best interest of the
cause or expressing an opinion service by staging mass protests on regular school days,
to the general public on any abandoning their classes and refusing to go back even
particular issue or protesting or after they had been ordered to do so.
influencing any State of Affairs,
whether political economic or Had the teachers availed of their free time –
social or petitioning the recess, after classes, weekends or holidays – to
government for redress of dramatize their grievances and to dialogue with the
grievances. Shall not include proper authorities within the bounds of law, no one –
picketing (under Labor Code) not the DECS, the CSC or even the SC – could have
 Public place - shall include held them liable for their participation in the mass
any highway, boulevard, actions.
avenue, roads, street, bridge or
thoroughfare, park, plaza, ~END ~
square, and/or any open space
of public ownership where the Other topics covered under content-based
people are allowed access. restriction
 When written permit required:  The concept of hate speech
For any person or persons to  commercial speech
organize and hold a public  fighting words
assembly in a public place  speeches of public officers; and
XPN:
 speech in relation to National
1) Freedom park duly established by
emergencies.
law or ordinance
2) Private property, in which case
only the consent of the owner or
FREEDOM OF ASSOCIATION AND persuasion or of congenial frame of

THE RIGHT TO STRIKE IN THE mind.
PUBLIC SECTOR
Sec 8. The right of the people, including Limitation on the right
those employed in the public and private  The right to form associations or
sectors, to form unions, associations, or societies may be regulated or
societies for purposes not contrary to law abridged or interfered by the State
shall not be abridged. in the exercise of its police power.
Right to form associations - the freedom to Public sector Private sector

organize or to be a member of any group or The terms and They have a right to
association, union or society, and to adopt the conditions of strike for them to
rules which the members judged most government secure concessions
appropriate to achieve their purpose. With or employment are from their employers
without the above provision, it may be already fixed by law on terms and
assumed that this right actually exists. governed by the law conditions of their
on public officers employment.
The right to join an association also Both can unionize or organize
includes the right to leave and cancel
membership with that association/ Subject to the minimum requirements of which laws and
organization or to abstain from joining to an other labor and welfare legislation, the terms and
conditions of employment in a unionized private
association/ organization (freedom not to
sector are settled through the process of collective
associate). bargaining.
Both the private and public sectors In government employment, however, it is the
have the right to associate. legislature and were properly given delegated power the
administrative heads of the government which fixed the
Right to form labor unions – both private terms and conditions of employment. This is effected
and public sectors through statutes or administrative circulars,
Sec 2 (5) of Article 9. The right to self- rules and regulations, not through collective
organization shall not be denied to bargaining agreements.
government employees.
Movie censorship
Now the right to unionize or to form The censorship is still subject to the 4 categories:
organization is now explicitly recognized 1) the obscenity
and granted to government employees.  The court adopted the test used in the
United States whether to the average
Right to strike person applying contemporary
 Public sector/government standards, the dominant theme of the
employees - The right of material taken as a whole, appeals to
government employees to the prurient interest. (Gonzales v.
organize is limited to the Katigbak)
formation of unions or  Prurient interest - It is a morbid,
associations only, without degrading and unhealthy interest in sex
including the right to strike. as distinguished from a mere candid
 Private sectors - Whereas in interest in sex.
the private sector, under the  The determination of whether a
Labor Code, employees in the particular material is obscene or
private sector have the right to pornographic will be left to the final
strike. determination of the court.
Purpose of the provision/guarantee Print media TV and

 To encourage the formation of Broadcasting
voluntary association The protection The protection is
 It enables individuals to unite in the is greater lesser
performance of tasks which, singly, Established a
they would be unable to accomplish. uniquely pervasive
presence in the
 Since man lives in a society, it would be
lives of all citizens.
a barren existence if he could not freely Materials
associate with others of same
presented over the of expression but is nonetheless

airwaves entitled to protection. These
confronts the unsolicited advertisements are
citizens not only legitimate forms of expression.
in public, but in (Disini v. SOJ)
the privacy of his
home. Fighting words
Less accessible Uniquely
Fighting words are words by their very utterance,
accessible to
children inflict injury or tend to incite an immediate breach
The freedom to of the peace and order. Under our Constitution and
film and produce under jurisprudence, this is not a protected speech
motion pictures is fighting words.
available in the
Philippines post Speech of public officers
locally-owned and  Congress
to foreign-owned Sec 11, Article VI. No Member shall be questioned
motion picture nor be held liable in any other place for any speech
companies or debate in the Congress or in any committee
thereof.
2) false advertising
3) lawless violence XPN: while a member of Congress may not be held
4) danger to national security liable or questioned outside of Congress for any speech
or debate, he may be made liable by a majority vote of
The government can validly sensor but any his peers for unparliamentary conduct because the
form of prior restraint is still subject to the members of the Senate or the House of Representative
test on content-based restrictions. also has the power to discipline their own members
Unprotected speeches  Other public officials – If not libelous under

Hate speech the RPC, then it is a protected speech.
Hate speech is any form of expression through which
the speaker's intent is to verify, humiliate, or incite 2) CONTENT-NEUTRAL
hatred against a group or a class of persons on the basis RESTRICTIONS – does not restrict the
of race, religion, skin color, sexual identity, gender content of the speech or the content of your
identity, ethnicity, disability, or national origin. Hate publication, but the time, the manner or the
speech is not protected under our Constitution. place of the publication or of the
expression. When, how and where you can
Commercial speech make the expression or a new publication.
Commercial speech is a speech or writing on behalf of
a business with the intent of earning revenue or profit. SWS v. COMELEC
It is economic in nature and usually attempts to RULING:
persuade consumers to purchase the business, product Section 5.4 RA 9006 is invalid prior restraint
or services. Section 5.4 lays a prior restraint on freedom of speech,
expression, and the press prohibiting the publication of
 GR: the usual exaggerations in trade is allowed. election survey results affecting candidates within the
XPN: false advertising. prescribed period of 15 days immediately preceding a
national election and 7 days before a local election
Because this form of commercial because
communication, even if it is 1) It imposes a prior restraint on the freedom of
commercial, it is nevertheless a expression
form of communication that is still 2) It is a direct and total suppression of a category
protected. To prohibit the of expression even though such suppression is
transmission of unsolicited ads only for a limited period
would deny a person the right to 3) The governmental interest sought to be
read his emails even unsolicited promoted can be achieved by means other than
commercial ads addressed to him. suppression of freedom of expression
Commercial speech is a separate
category of speech which is not Direct and total suppression of a category of
accorded the same level of expression
protection as that given to other
constitutionally guaranteed forms
Section 5.4 fails to meet criterion of the O’Brien test punishment are valid or are within the bounds of the
because the causal connection of expression to the constitution. (Chavez v. Gonzales)
asserted governmental interest makes such interest
“not related to the suppression of free expression”. By 1) Clear and present danger rule or test - when
prohibiting the publication of election survey results the evil consequences of the comment,
because of the possibility that such publication might utterance, expression is extremely serious
undermine the integrity of the election, Section 5.4 and the degree of imminence extremely
actually suppresses a whole class of expression, while high before the utterances can be punished.
allowing the expression of opinion concerning the The danger to be guarded against is the
same subject matter by newspaper columnists, radio substantive evils sought to be prevented. The
and TV commentators, armchair theorists, and other government is constitutionally allowed to
opinion takers. In effect, Section 5.4 shows a bias for a abridge freedom of expression, because there
particular subject matter, if not viewpoint, by referring is a substantive evil (Schenck v. US)
personal opinion to statistical results. It cannot be 2) Dangerous tendency rule - if the words
justified on the ground that it is only for a limited uttered create a dangerous tendency, which the
period and is only incidental. state has the right to prevent, then such words
are punishable. Not necessary under this test
The prohibition may be for a limited time, but that some definite or immediate acts of force,
the curtailment of the right of expression is direct, violence, or unlawfulness be advocated, it is
absolute, and substantial. It constitutes a total sufficient that such acts be advocated in general
suppression of a category of speech and is not made terms. Also, not necessary that the language
less so because it is only for a period of 15 days used, be reasonably calculated to incite
immediately before a national election and 7 days persons to acts of force violence or
immediately before a local election. unlawfulness, it is sufficient if the natural
tendency and probable effect of the
Governmental interest sought to be promoted can utterance or the expression will bring about
be achieved by means other than suppression of the substantive evil, which the legislative
freedom of expression body seeks to prevent. (Gitlow v. New
Section 5.4 fails to meet criterion that the restriction be York)
not greater than is necessary to further the
governmental interest. Section 5.4 aims at the Comparison
prevention of last minute pressure on voters, the Clear and present Dangerous tendency
creation of bandwagon effect, junking of weak or danger
losing candidates, and resort to the form of election Essential difference between the two tests relates on
cheating called “dagdag-bawas”. Praiseworthy as these the degree or the proximity of the apprehended
aims of the regulation might be, they cannot be danger, the substantive evil, which justifies the
attained at the sacrifice of the fundamental right of restriction upon speech.
expression, when such aim can be more narrowly Requires the Permits the application
pursued by punishing unlawful acts, rather than speech government to defer of restrictions once a
application of rational connection
because of apprehension that such speech creates
restrictions until between the speech
danger of such evils. apprehended danger is restrained and the
much more visible, danger apprehended
Osmeña v. COMELEC until its realization is
ISSUE: WON Sec 11(b) of the Electoral Reforms Law imminent and high and
of 1987 prohibiting the mass media from selling or at hand.
giving free of charge print space or air time for The danger must be It is sufficient that there
campaign or other political purposes is clear and present is a rational connection
unconstitutional.
RULING: Not unconstitutional. The main purpose of Other variants of tests
Sec 11(b) is regulatory. Any restriction on speech is 1) Balancing test or balancing of interest test
only incidental, and it is no more than is necessary to – there is a balancing by the Court of
achieve its purpose of promoting equality of conflicting social values and individual interest.
opportunity in the use of mass media for political The test requires that the Court take conscious
advertising. and detailed consideration of the interplay of
~END ~ interest observable in a given situation or type
of situation.
Two main tests against content-based restrictions
There are certain tests to be used, whether the American Communication Assoc v. Doubs
exercise of the prior restraint or of the subsequent
RULING: The Court must undertake the delicate and freedom of expression. The right to information is a
difficult task of weighing the circumstances and public right.
appraising the substantiality of the reasons advanced in  It involves not only the right to
support of the regulation of the free enjoyment of information alone, or to disseminate
rights. information but the right to access the
information within the control of the
~END~ government.
 It is limited to citizens only, but is without
prejudice to the right of aliens or
2) Direct incitement test – the guarantees of
foreigners to have access to records of
free speech and free press do not permit a state cases where they are litigants.
to forbid or prescribe the advocacy of the use  It does not grant the citizens the right to
of force or of law violation, except where compel custodians of official records to
such advocacy is directed to inciting or prepare lists, abstracts, summaries and the
producing imminent lawless action and is like in their desire to acquire information in
likely to incite or produce such an action. matters of public concern.
(Bradenburg v. Ohio)
Locus standi in the right of information
3) Grave but probable danger – whether the When the issue concerns a public right and its
gravity of the evil discounted by its enforcement, the people are regarded as real parties
improbability, justifies such an invasion of in interest. Hence, it is sufficient to sustain legal
speech as necessary to avoid the danger. standing before the court that the petitioner is a citizen
(Dennis v. US) and as such is interested in the faithful execution of the
loss. He need not show that he has any legal or special
Test for content-neutral restrictions interest in the result of the action.
1) O'Brien test – it provides that a government
regulation is sufficiently justified Key categories of right to information
 if it is within the constitutional power 1) official records - refers to any document that
of the government, is part of the official records in the custody of
 if it furthers an important or substantial government agencies or officials.
governmental interest, 2) documents and papers pertaining to
 if the governmental interest is official acts - refers to those documents and
unrelated to the suppression of free papers, recording, evidencing, establishing,
expression, and confirming, supporting, justifying, or
 if the incidental restriction on the explaining official acts, transactions or
alleged freedom of expression is no decisions of government agencies or officials
greater than is essential for the 3) government research data used in
furtherance of the interest. (US v. formulating policies - referred to those datas
O’Brien) where they're raw, collated or process, owned
by the government in use in formulating
RIGHT TO INFORMATION government policies.
Section 7 of Article III. The right of the people to
information on matters of public concern shall be Importance of the right
recognized. Access to official records, and to 1) It is important or vital to a democratic
documents, and papers pertaining to official acts, government;
transactions, or decisions, as well as to government  If the people are denied access to
research data used as basis for policy development, information, in the inner workings of the
shall be afforded the citizen, subject to such government, the citizenry can become prey
limitations as may be provided by law. to the whims and caprices of those to
whom the power had been delegated.
Section 28 of Article II. Subject to reasonable 2) It is an essential premise of right to speech and
conditions prescribed by law, the State adopts and expression;
implements a policy of full public disclosure of all its  It is essential because it is meant to
enhance the widening role of the citizenry
transactions involving public interest
in governmental decision making, as well
as checking abuse of government.
The right to information regarding matters of public 3) It is also essential to free and intelligent political
concern should not be deemed merely an adjunct of discussion; and
freedom of expression guaranteed by the  Only when the participants in the
Constitution under Section 4, as it is now discussion are aware of the issues and have
constitutionally recognized independently of access to information relating thereto can
such discussions bear fruit.
4) it aids people in democratic decision making.
 The incorporation in the constitution of XPN: The executive, chief executive,

the guarantee to access to the information however cannot invoke general
of public concern is a recognition of the confidentiality privilege to shield officials
essentiality of the free flow of ideas in a and employees from investigation by proper
democracy. governmental institution for possible
The Limitations to the Right to Information
criminal wrongdoing
1) The people's right to information is limited to
matters of public concern or to transaction What is the definition of private, public, and
involving public interest, and is further public concern?
subject to such limitation as may be provided 1) Private - belonging to or concerning an
for by law. individual person, company or interest.
 Those who wish to access this 2) Public - pertaining to or belonging to or
information must also follow the rules affecting a nation, state, or community at large.
and regulations 3) Public concern - like public interest is a term
2) It is limited to transaction involving public that eludes exact definition. Both terms
interest and subject to reasonable embrace a broad spectrum of subject which the
conditions prescribed by law. (Section 28 of public may want to know, either because this
Article II) directly affects their lives, or simply because
3) The obligation to reproduce this is on the one such matters naturally arouse the interest of an
who wants access to the information. ordinary citizen.
4) The right does not extend to matters
recognized as privileged information under In the final analysis, it is for the courts to
the separation of powers. determine on a case by case basis whether
the matter at issue is of interest or
 it does not cover presidential importance as it relates to or affects the
conversations, correspondences, or public.
discussion during closed door
cabinet meetings, which like
internal deliberations of the FREEDOM OF RELIGION
Supreme Court and other collegiate Section 5 Article III. No law shall be made
courts, or executive sessions of respecting an establishment of religion or
either house of Congress are prohibiting the free exercise thereof. The free
recognized as confidential. This kind of exercise and enjoyment of religious profession and
information cannot be pried open by a worship, without discrimination or preference, shall
co- equal branch of government. forever be allowed. No religious test shall be
5) The privilege character of diplomatic required for the exercise of civil or political rights.
negotiation is recognized in the Philippines
agreements. Coverage
6) The Constitution does not open every door to 1) the non-establishment of religion clause -
any and all information. The following No law shall be made respecting an
information are confidential in character: establishment
 information affecting the security of 2) freedom of religion clause - The free exercise
the state or national security; and enjoyment of religious profession and
 information on investigation of crimes worship without discrimination or preference
by law enforcement agencies before the shall forever be allowed
prosecution of the accused in records 3) the no religious test clause. - No religious
 income tax returns under the National test shall be required for the exercise of civil or
Internal Revenue Code; political rights
 the condition or business of banks
under the Central Bank Act; Religious freedom
 accounts pertaining to military It is the right of a man to worship God and to
intelligent funds; certain army records; entertain such religious views as appeal to his
and individual conscience without dictation or interference
 disbarment proceedings by any person or power, civil or ecclesiastical. It forbids
 state secrets varying on military, restriction by law or regulation of freedom of
diplomatic, and similar matters conscience and freedom to adhere to such religious
organization or form of worship as the individual may
GR: Presidential communications are choose.
presumed privileged, whether or not being
involved matters of national security Characteristics of freedom of religion
 It is not is not an inhibition of profound  VALID - the state regulates conduct

reverence for religion and is not denial of its by enacting within its power a
influence in human affairs general law which has for its purpose
 It is superior to a contract right. any effect to advance the state's
 The Supreme Court has considered secular goals
consistently affirmed the preferred status of 2) It ensures the widest possible toleration of
the freedom of religion because they are well conflicting religious beliefs.
aware that it is designed to protect the broadest  The scope of the freedom of religion is:
possible liberty of conscience 1) the freedom to believe in a religion –
ABSOLUTE
Religion
2) the freedom to act on one's belief. –
It includes all forms of belief in the existence
MAY BE REGULATED BY THE
of superior beings exercising power over human beings
STATE
and imposing rules of conduct with future state of
 Where the individual externalizes his
rewards or punishments.
beliefs in acts or omissions that affect
the public, his freedom to do so
It is an organized system of belief that generally
become subject to the authority of the
seeks to understand purpose, meaning, goals and
state.
methods of spiritual things. These spiritual things can
 It is error to think that mere invocation
be God, people in relation to God, salvation after life,
of religious freedom will stalemate the
purpose of life, order of the cosmos, etc.
State and render it impotent in
protecting the general welfare.
In the Philippine context, religion covers all
profession of faith, whether or not you believe in
Non establishment clause
God, you are covered by the freedom of religion
No law shall be made respecting an
guarantee. Even the atheists - those who do not
establishment of religion or prohibiting the free
believe in God- are covered and are thus accorded with
exercise thereof this provision includes:
that freedom of religion guarantee.
1) The state cannot set up a church
2) The state cannot pass laws, which aid one
Other Manifestations of the Separation of Church
religion, all religions are prefer one over the
and State
other.
Section 6 Article II. The separation of the Church
3) The state cannot influence a person to remain
and State shall be inviolable.
or to go away from a church against his will,
and;
Section 5(2) Article VI xxx [no sectoral
representative from the religious sector may be 4) The state cannot force a person to profess a
included in the party list system.] belief or disbelief in any religion.
Section 29(2) Article VI xxx [prohibition against The non-establishment clause prohibits:
appropriation for sectarian benefits]. 1) Excessive governmental entanglement
with religious institution
Section 2(5) Article IX-C xxx [non-registration of  Governmental entanglement with
religious denominations and sects as political religious institution may happen
parties]. sometimes, what is absolutely
prohibited under the establishment
Purpose and Importance of Freedom of Religion clause is the excessive entanglement
Guarantee  Ecclesiastical affair - concerns
1) It protects the broadest possible liberty to doctrine, creed, or form of worship of
profess one's religion. the church, or the adoption and
 not only prohibits legislation for the enforcement within a religious
support of any religious tenets or the association of needful laws and
modes of worship of any sect but also regulations for the government of the
assures the free exercise of ones chosen membership, and the power of
form of religion within the limits excluding from such associations,
 INVALID - Any legislation whose those deem unworthy of membership.
effect or purpose is to impede the (Examples: excommunication or the nations
observance of one or all religions or of religious ministers, administration
to discriminate between the sacraments and other activities with attached
religions even though the burden may religious significance)
be characterized as being only indirect.
2) Government endorsement or disapproval of government service during office hours every

religion. Monday through Friday. So the said rule urges
all civil servants of whatever religious
Lemon test
denomination to render public service of no
A regulation is considered constitutional when:
less than eight hours a day or 40 hours a week.
1) It has a secular legislative purpose.
The exercise of religious freedom does not
2) It neither advances nor inhibits religion
except anyone from compliance with
3) It does not foster an excessive entanglement
reasonable requirement of the law,
with religion.
including civil service laws. The remedy that
Islamic Dawah Council of the Philippines v should be resorted to by the Muslim employees
Office of the Executive Secretary is to request the legislature to enact a law and
ISSUE: WON the EO No. 46, which designated the to ask them to grant an exemption for this
Office of Muslim affairs as the exclusive authority to Muslim employees from compliance with a
issue halal certificate is violative of the freedom of prescribed governmental working hours,
religion such like the P.D 322, which allow these
Muslim employees to hold office during
RULING: It is unconstitutional because classifying
the month of Ramadan from 7:30am to
a food product as halal is a religious function,
3:30pm without any break.
ecclesiastical, because the standards used are those
drawn from the Quran and Islamic beliefs. By giving
Taruc v. Dela Cruz
the Office of Muslim affairs to exclusive power to
RULING: The matter of the expulsion and
classify good food products as halal, it encroaches
excommunication of members of a religious institution
upon the religious freedom of the Muslim
or organization is a matter best left to the discretion of
organization to interpret for Filipino Muslim,
the officials and the laws and canons of said institutions
what food products are fit for Muslim
or organizations. It is not for the courts to exercise
consumption.
control over church authorities in the performance of
In the absence of an immediate in grave danger their discretionary and official functions. Rather, it is
to security and welfare of the community, the state for the members of religious institutions/organizations
cannot justify the infringement of religious freedom. to conform to just church regulations.
The state was unable to provide a compelling Estrada v. Escritur

justification for the government to deprive the Muslim ISSUE: Whether or not Escritur’s defense invoking
organization like the Islamic Dawah Council of the the religious freedom can be invoked to exculpate
Philippines have their religious right to classify a herself from the charge
product as halal.
Re: Request of Muslim employees in the RULING: The case was remanded to the OCA based
different courts in Iligan City on the guidelines established in this case.
ISSUES: WON 1) the Muslim court employees may
enjoy the following privileges to hold office hours from There are two aspects of religious freedom:
7:30am to 3:30pm, without lunch break or coffee 1) Freedom to believe
breaks during the month of Ramadan 2) that they be 2) Freedom to act on what’s believed
excused from work from 10am to 2pm every Friday,
which is the Muslim prayer day, during the entire This area of jurisprudence has demonstrated two main
calendar year. standards used by the Court in deciding religion clauses
1) They can hold office from 7:30am to 3:30pm, cases:
without lunch break, or coffee breaks during 1) Strict neutrality/separationist - erects the
the month of Ramadan. The Supreme Court wall between religion and state. The
recognized that the observance of Ramadan interpretation and implementation of
and the Friday Muslim prayer day is integral in regulation should be strict, it’s either in favor
the Islamic faith. of religion or in favor of regulation, no
2) There is no basis to excuse them from work exceptions.
from 10am to 2pm every Friday, which is the 2) Benevolent neutrality/accommodationist -
Muslim prayer day, during the entire calendar recognizes that religion plays an important part
year. The need of the state to prescribe in state matters. The theory believes that with
government office hours as well as to respect to these governmental actions,
enforce them uniformly to all civil servants, accommodation of religion may be allowed not
Christians and Muslims alike cannot be to promote the government's favorite form of
disregarded. It is also in the interest of the religion but to allow individuals and groups to
general public to be assured of continuous exercise their religion without hindrance. It
recognizes that the government must pursue its RULING: The Court emphasized the delineation of
secular goals and interests, but at the same time the boundaries between the state and the church.
strives to uphold religious liberty to the greatest Nevertheless, it also recognized the inherent right of
extent possible within flexible constitutional the people to have a belief system. Noting that we all
limit. live in a heterogeneous society, our conduct is made up
of people of diverse ethnic cultural and religious beliefs
Test of benevolent neutrality and backgrounds.
1) Has the statute or government action created a
burden on the free exercise of religion? This right to religious exercise, however, may be
2) Is there sufficient and compelling state interest limited if the compelling state interest test is applied
to justify this infringement of religious liberty? and that the state had a compelling interest to validate
3) Has a state in achieving its legitimate purpose the restriction.
use the least intrusive means possible, so that
the free exercise is not infringed any more than Compelling state interest test
necessary to achieve the legitimate goal of the It is proper where conduct is involved for the
State? whole gamut of human conduct has different effects
on the state’s interest: some effects may be immediate
The Jehovah's Witness recognize the practice of and short-term while others delayed and far-reaching.
executing of the declaration of pledging faithfulness in Only the gravest abuses, endangering paramount
conformity with their religious beliefs for those who interests can limit this fundamental right.
have legal impediments that render it impossible for
them to legalize their union. In determining whether In this case, the masses were only conducted during
this is sincere or not, the Supreme Court found that noon breaks and were not disruptive of public services.
based on the beliefs of their faith, in declaration of The court proceedings were not being distracted or
pledging faithfulness, is practiced and Escritur is interrupted and that the performance of the judiciary
sincere on her belief. Therefore the conjugal employees were not being adversely affected.
arrangement between Escritur and that her partner is
not in any way considered immoral and if she were Nevertheless, the Court issued the guidelines. First,
penalized for it, then it would be a violation of her courts must regulate and closely monitor the holding
freedom to practice her religion. So, again under of masses that
benevolent neutrality, the state can have certain 1) It does not disturb or interrupt court
accommodations for a person, an individual or a group proceedings
of individuals to practice their profession so long as 2) It does not adversely affect and interrupt the
there is no compelling state interest that may justify delivery of public service, and;
prohibiting such exercise or limiting such exercise or 3) It does not unduly inconvenience the public.
that there may be other ways to enforce the regulation
that will not impede too much in the exercise of the Second, in no case shall a particular part of a public
religion. building be a permanent place of worship, for the
benefit of any and all religious groups.
Leus v. St. Scholasticas College Westgrove
RULING: Pregnancy out of wedlock is not a valid Third, there should also be no permanent display of
ground for the termination of employment. Public and religious icons in all halls of justice in the country,
secular morality should determine the prevailing norms and;
of conduct, not religious morality.
Fourth, in case of religious rituals, religious icons and
Otherwise, if government relies upon religious beliefs images may be displayed. But their presentation is
in formulating public policies and morals, the resulting limited only during the celebration of such activity so
policies and morals would require conformity to what as not to offend the sensibilities of members of other
some might regard as religious programs or agenda. religious denomination or the non-religious public.
That simply cannot be done because the state would Valmores v. Achacoso
now be establishing religion. In other words, RULING: The school can be compelled to follow this
government action, including its proscription of CHED 2010 memorandum because it laid out no
immorality as expressed in criminal law like guidelines for higher learning institutions. Further, the
concubinage, must have a secular purpose. That is Supreme Court said that it can be compelled through
constant ruling in the cases we have been discussing mandamus because the directive is to all higher
enunciated in the Estrada v. Escritur. education institutions. Under the directives, the
professors or the school are enjoined to excuse
Re: Letter of Tony Q. Valenciano students from attending or participating in school
related activities if their schedule conflicts with a  In a separate provision of the constitution,
student's exercise of their religious obligation. Second, religious educational institutions are also
to compensate for absences students will be allowed to exempt from taxation. (Pertaining from those
do remedial work, which should be within the bounds which derived from its actual or direct and
of the school's rules and regulation. And to be entitled exclusive income.)
to exemptions. However, the affected student must
submit a certification of attendance duly signed by their Section 29 (2) Article VI. No public money or
property shall be appropriated, applied, paid, or
respective minister.
employed, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination,
~END~ sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher,
Other provisions which are valid entanglements or dignitary as such, except when such priest,
with religion preacher, minister, or dignitary is assigned to the
Section 4 (2) of Article XIV. Educational armed forces, or to any penal institution, or
institutions, other than those established by religious government orphanage or leprosarium.
groups and mission boards, shall be owned solely by
citizens of the Philippines or corporations or
associations at least sixty per centum of the capital Nueva Segovia vs. Provincial Board
of which is owned by such citizens. The Congress RULING: The SC held that the exemption in favor of
may, however, require increased Filipino equity the convent in the payment of the land tax (sec. 344 [c]
participation in all educational institutions. Administrative Code) refers to the home of the parties
 However, the control and administration of who presides over the church and who has to take care
educational institution shall be vested in of himself in order to discharge his duties. In therefore
citizens of the Philippines. must, in the sense, include not only the land actually
occupied by the church, but also the adjacent
Sections 3 (3) Article XIV. At the option expressed ground (vegetable garden) destined to the
in writing by the parents or guardians, religion shall ordinary incidental uses of man.
be allowed to be taught to their children or wards in
public elementary and high schools within the To claim the exemption to this particular provision,
regular class hours by instructors designated or one must show the actual, direct, and exclusive use for
approved by the religious authorities of the religion that religious purpose.
to which the children or wards belong, without
They are not paid because of their exercise of religion,
additional cost to the Government.
or those which are purely ecclesiastical affairs, but
Requisites:
because they are employed by the government to act as
1) It must be optional
such in the military, or to any penal institutions, or
2) The option must be in writing by the parents
other government orphanage or leprosarium. The
or the guardians
public money given to them is because of public
3) The religion that may be allowed to be taught
service as an employee of govt.
to the children or wards pertain to public
elementary and high schools. Aglipay vs Ruiz
4) Must be taught within regular class hours ISSUE: WON the commemorative stamps for the
5) The instructors designated or approved by the celebration by the catholic church or the 33rd
religious authorities of the religion International Eucharistic Congress has a violation in
Sec 29 (2) of Article 6 or prohibition of public aid to
Art 359 (1) of the Civil Code. The government religion?
promotes the full growth of the faculties of every
child. For this purpose, the government will RULING: Such issuance is not a violation of sec 29
establish, whenever possible: (2) the selling or issuing of such stamps doesn’t
contemplate a favor in any particular sect or church but
(1) Schools in every barrio, municipality and city
the purpose was only to advertise the Philippines and
where optional religious instruction shall be
taught as part of the curriculum at the option of the to attract more tourist.
parent or guardian;
Further, the court stressed that religious freedom as
Section 28 (3) Article VI. Charitable institutions, constitutional mandate is not an inhibition of
churches and parsonages or convents appurtenant profound reverence for religion and is not denial
thereto, mosques, non-profit cemeteries, and all of its influence in human affairs. When the Filipino
lands, buildings, and improvements, actually, people implore the aid of the divine providence, they
directly, and exclusively used for religious, thereby manifested reliance upon him who guides the
charitable, or educational purposes shall be exempt destinies of men and nation.
from taxation.
Free exercise clause from flag ceremonies not exclusion from the
The free exercise or the enjoyment of religious public schools where they may study the
profession and worship without discrimination or constitution, the democratic way of life and form
preference shall forever be allowed. of government, and learn not only the arts and
sciences, history and culture, receive training for a
Religion may not be used to justify action or vocation or profession, and be taught virtues of
refusal to act inconsistent with the public safety, health, patriotism, respect for human rights, appreciation
morals, or general welfare of society or violative of the for national heroes, the rights and duties of
criminal law. citizenship, and moral and spiritual values. Thus,
expelling or banning the petitioners from Philippine
The free exercise and enjoyment of religious schools will bring about the very situation that the SC
profession carries with it the right to disseminate had feared to force a small religious group through iron
religious beliefs and information. Thus, any restraint hand of the law to participate in the ceremonies that
on the right to disseminate religious ideas and violates their religious beliefs will hardly be conducive
information can only be justified on the ground that to love of country or respect for duly constituted
there is a clear and present danger of any substantive authorities. Thus, exemption must be accorded to
event which the state has the right to prevent. Jehovah’s with regards to the observance of the
flag ceremony out of respect for their religious
Further, the right of a person to believe is beliefs however bizarre those beliefs may seem to
not subject to tax, the imposition of permit or license others. However, the right not to participate in the
on the dissemination such as selling or peddling of flag ceremony does not give them a right to
religious literature from house to house which is disrupt such patriotic exercises.
conducted not for the source of profit would impair
the constitutional guarantee of free exercise and Victoriano vs. Elizalde Rope Workers
enjoyment of religious profession and worship. Association
ISSUE: WON the prohibition on affiliation of
Tolentino vs. Secretary of Finance members of Iglesia ni Cristo with any labor
ISSUE: WON the removal of the extension from the organization shall be upheld.
EVAT of printing, publication, or importation of
religious books and articles from the exception violated RULING: Yes, because it is to ensure freedom of
the freedom of religion, specifically, the free exercise belief and religion to promote the general welfare by
clause preventing discrimination against those members of
religious sectors which prohibit their members from
RULING: The SC held that it did not violate the joining labor unions and conforming that their natural
freedom of religion. VAT is different from a licensed statutory and constitutional rights to work the fruits of
tax, so VAT is not a tax to the exercise of privilege, which all the means whereby they can maintain their
much less to a constitutional right. It is imposed to sale, own life and the life of their dependents. Also relevant
barter, lease, or exchange of goods or properties or the to point out that the exercise of religious profession
sale or exchange of services purely for revenue and belief is superior to contract rights. The
purposes. religious belief of Victoriano should be considered of
greater importance than the union security clause or
In American Bible Society vs City of Manila, the tax the close shop provision.
involved was a license tax. In this case the SC held that
it was a violation of the right of the religious Prohibition on religious test
denomination to disseminate their religious texts. No Religious test shall be required as a part of
a civil or political right.
Ebralinag vs Division Superintendent of
Schools or The Flag Salute Under the provision the expression, civil or
ISSUE: WON the state can compel the children of the political rights is to be understood as including the
Jehovah’s witness to salute the flag. individual rights safeguarded by the constitution and
statutory laws such as the right to hold public office or
RULING: By exempting the Jehovah’s from saluting to vote. This provision has no application to rights
the flag, singing the national anthem, and reciting the derived from the lawful association of individuals
patriotic pledge considering that the Jehovah’s is a for the propagation of certain forms of religious
small portion of the school population that it will shake worship. Liberty of private association is complete
up the country and suddenly produce a nation under the provision regardless of the test, religious
uninculcated in and imbued with reverence and or otherwise, which the associated persons may
patriotism, love of country and admiration of national see fit to adopt.
heroes. The petitioners only seek their exemption
Without such prohibition, religious freedoms  professional squatters - applies to

become meaningless. The state without such a bar persons who previously been awarded
notwithstanding the doctrine of separation of church lots or housing units by the
and state could in fact accord reference to a religious government but who sold, lease or
organization. transferred the same to settle illegally in
the same place or in another urban area
Because of this provision the Priests, Pastors, and non bona fide occupants and
Imams, others are not prohibited from running on intruders of the lands reserve for
office as long as they are qualified based on the socialized housing. The term shall not
qualification from the constitution and the apply to individual or groups who
ombnibus election code, local government code. simply rent land and housing from
professional squatters or squatting
Religious test - is one demanding the avowal or syndicates.
repudiation of certain religious beliefs before the  while eviction or demolition as a
performance of any act. practice shall be discourage under
Republic Act no. 7279, it may be
~END~ allowed under the following
circumstances:
LIBERTY OF ABODE AND THE RIGHT TO 1) When persons or entities occupy
TRAVEL danger areas such as esteros, rail road
tracks, garbage dumps, river banks,
Section 6 Article III. The liberty of abode and of shorelines, waterways, and other public
changing the same within the limits prescribed by places such as sidewalks, roads, parks,
law shall not be impaired except upon lawful order and playgrounds.
of the court. Neither shall the right to travel be 2) When the government infrastructure
impaired except in the interest of national security,
projects with available funding are
public safety, or public health, as may be provided
by law. about to be implemented.
3) When there is a court order for eviction
Liberty of abode and to travel - the right of a person and demolition.
to have his home or residence in whatever place chosen  In the execution or demolition orders
by him, and thereafter, to change it as well and to go involving under-privilege and homeless
where he pleases without interference from any source. citizens, the following shall be
mandatory:
Liberty of abode 1) Notice of atleast 30 days prior
GR: The liberty of abode and of changing the same to the date of eviction or
within the limits prescribed by law shall not be demolition;
impaired 2) Adequate consultations on the
XPN: Upon lawful order of the court matter of settlement with the
duly designated representatives
Laws governing squatting of the families to be resettled in
1) Presidential Decree no. 772 - defines and the affected communities in the
criminalizes squatting, however, because of the areas where they are to be
repeal of P.D. no. 772 squatting has ceased to relocated;
be criminal 3) Presence of local government
2) Republic Act no. 8368 - obliterated the officials or their representatives
previous offense of squatting. during eviction or demolition;
 sought to confront the perennial 4) Proper identification of all
problem of poverty at its root, abolish persons taking part in the
and otherwise inutile and oppressive demolition;
law and pave the way to a genuine 5) Execution of eviction or
urban housing and land reform demolition only during regular
program office hours from Monday to
3) Republic Act no. 7279 or the Urban Fridays and during good
Development and Housing Act - this law weather unless the affected
governs the substance and procedure of how families consent otherwise;
to treat squatters. It penalizes instead 6) No use of heavy equipment for
professional squatters and squatting demolition except for
syndicates. structures that are permanent
and of concrete materials;
7) Proper uniforms for members 4) Revised Penal Code - trespass to property,

of the Philippine National occupation of ill property, or usurpation of real
Police who shall occupy the rights in property
first line of law enforcement 5) Rules of Court - civil remedies for forcible
and observe proper entry and unlawful detainer.
disturbance control
procedures; and Right to travel
8) Adequate relocation whether GR: The right to travel cannot be impaired
temporary or permanent. XPN: In the interest of national security, public safety,
 Provided however that in cases of or public health, as may be provided by law.
eviction and demolition pursuant to a
court order involving underprivileged A court order is not necessary but the impairment
and homeless citizens relocation shall must be done as may be provided for by law. It can
be undertaken by the local government be by way of ordinance, or by way of law
unit concerned and the National
Housing Authority with the Other examples
assistance of other government  For the commitment of mentally derange
agencies within 45 days from service persons to a mental institution, the
of notice of final judgement by court confinement of those with communicable
after which period, the said order shall diseases to a hospital, those who have
be executed. contagious or catching diseases they have to be
 Now if the relocation is not possible confined in a hospital because it’s for public
within the period given under R.A no. safety and public health.
7279 or the 45 days from the notice of  A person facing criminal charges may be
eviction and demolition, financial arrested and detained or restrained from
assistance in the amount equivalent leaving the country
to the prevailing minimum daily  Under International Law, a state has the power
wage multiplied by 60 days shall be as inherent in sovereignty and the essential to
extended to the affected families by self-preservation to forbid the entry of
the local government unit foreigners within the limits of its territory or to
concerned. admit them only in such cases and upon such
 For the purpose of relocation, or condition as it may see fit to prescribe, that why
Urban Land Reform and Housing and in other countries they have Visa, others need
then the government has to only passport or entry permit.
expropriate property under R.A. no.  Department of Labor and Employment
7279 there is a priority in the land implements a ban on deployment of overseas
acquisitions. Lands for socialized Filipino workers
housing shall be acquired in the  Bail is applied for and granted for a person’s
following order: temporary liberty. A person accused of a crime
1) Those owned by the government when the case filed against him is bailable, he
or any of its subdivisions, may file for bond post bill and he will be
instrumentalities, or agencies released for temporary liberty while his case is
including government owned or being heard. Now the issue that arises here is
controlled corporations and their whether or not bail is a valid restriction on the
subsidiaries; right to travel. The Supreme Court has
2) Alienable lands of public domain; always held that the court has power to
3) Unregistered or abandoned prohibit a person admitted to bail from
and idle lands; leaving the Philippines.
4) Those within the declared areas of o Bail bond - security required
priority developments, zonal and given for the release of
improvements program sites, and person who is in the custody of
slum improvement and the law that he will appear
resettlement program site, which before any court in which his
have not yet been acquired; appearance may be required as
5) Bagong Lipunan Improvement of stipulated in the bail bond or
Sites and Services or BLISS which recognizance.
have not yet been acquired; and
6) Privately owned lands. Marcos v. Manglapus
RULING: The President may prohibit the return of officer of San Miguel Corporation, though is he has
the Marcos to the Philippines. now more justification to travel so as to oversee the
entire operation of that company.
The Supreme Court emphasized that the individual
right involved is not the right to travel from the Mirasol v. DPWH
Philippines to other countries or within the ISSUE: WON the total prohibition of motorcycles is
Philippines. These are what the right to travel would a violation of the petitioners’ right to travel
normally connotes. Here what is at issue is the right to
return to one's country. Thus the Universal RULING: Supreme Court said that the prohibition in
Declaration of Human Rights and the International the Use of motorcycles in toll ways did not unduly
Covenant on Civil and Political Rights, treat the right deprive petitioners to their right to travel. The right to
to freedom of movement and abode within the travel does not mean the right to choose any
territory of a state: the right to leave a country and vehicle in traversing a toll way, but it is the right to
the right to enter one's country as separate and move from one place to another. The mode by
distinct rights. which petitioners wish to travel pertains to the manner
of using the tollway is a subject that can be valid the
Supreme Court held that the power involved exercise limited by regulation. Since the restriction is for public
by the President Aquino at that time was residual safety, then it is a reasonable impairment of the right
power. To protect the general welfare of the people as to travel.
a protector of peace. It is founded on the duty of the
president as the steward of the people. It is a power Reyes v. Court of Appeals
born with the President's duty to preserve and defend ISSUE: WON he should not be in the hold departure
the Constitution. It also may be viewed as a power list.
implicit in the President's duty to make sure that laws
are faithfully executed. RULING: Reyes being in the hold departure list is not
a violation of his right to travel. And also, he used the
Silverio v. Court of Appeals wrong remedy of the writ of amparo. Under Section
ISSUE: WON it is valid to cancel his passport and to one of the rules concerning writ of amparo, it only
issue the whole departure order. involves the right to life, right to liberty and the right
to security.
RULING: Yes, because the condition that the
accused make himself available at all times Fr. Reyes has failed to show any clear threat to his right
whenever the court requires is present operates as to liberty actionable through a petition for writ of
a valid restriction on his right to travel. A person amparo.
facing criminal charges may be restrained by the court
from leaving the country or if abroad compelled to Samahan ng Progresibong Kabataan (SPARK)
return. v. Quezon City
ISSUE: WON there was indeed a violation of the right
Section 6 of article 3, the provision on the liberty of to travel
abode is by no means to be construed as delimiting
the inherent power of the courts to use all means RULING: Two out of the three questions ordinances
necessary to carry their orders into effect in that implemented the national curfew was not valid.
criminal cases pending before them. In criminal
cases, the offended party is the People of the The restriction in the minors movement and activities
Philippines and it is in the best interest of the People within the confines of their residences in their
of the Philippines that criminal prosecutions should immediate vicinity during the curfew period is
run their course and proceed to finality without undue perceived to reduce the probability of minor becoming
delay. victims or getting involved in crimes and criminal
activities.
Cojuangco Jr v. Sandiganbayan
RULING: It was not valid to bind Cojuangco from Strict scrutiny test
traveling abroad without prior permission. Based on Considering that the right to travel is a fundamental
the record records of Cojuangco, his previous right in our legal system, the ordinances must be tested
requests to travel abroad has been granted and against the strict scrutiny test key. Under this test, a
that as confirmed by the Office of the Solicitor legislative classification that interferes with the exercise
General, he has always returned to the Philippines of the firm fundamental right or operates to the
and complied with the restriction imposed on him. disadvantage of a suspect class is presumed
The risk of flight is further diminish, in view of his unconstitutional.
recent reinstatement as chairman and chief executive
The government has a burden of proving that: obligations of the parties are define by and
1) it is necessary to achieve a compelling state subject to their will.
interest. 6) Under the Generics Act, Republic Act no.
2) it is the least restrictive means to protect such 6675, it impairs no obligation of contract
interests or the means chosen is narrowly between a physician and his patient, for no
tailored to accomplish the interest. contract ever results from a
consultation between a patient and a
The Supreme Court found that only the Quezon city physician.
meets the second requirement because Manila and
Navotas seem to unduly restrict the freedom of the A law impairs a contract when:
minors. Quezon city was upheld to be a valid 1) It takes from a party a right to which he is entitled
impairment, for it is more narrowly drawn to under the contract;
sufficiently protect the minors rights of 2) It deprives him of the means of enforcing such
association, free exercise of religion, travel to right;
peace assemble in a free expression. 3) It imposes conditions that expressed in the
contract or dispenses with those which are
~END~ expressed in the contract.
4) It diminishes the consideration agreed upon by the
NON-IMPAIRMENT CLAUSE parties, as to diminish the value of the contract.
Section 10 Article III. No law impairing the 5) It authorizes for its satisfaction different from that
obligation of contracts shall be passed. provided in the terms or enlarges, abridges, or any
 The law, the enactment of which is prohibited manner changes directly or indirectly the intention
includes executive and administrative orders of of the parties. (Philippine Rural v. Secretary of
the president, administrative orders issued by DILG)
heads of departments, and ordinances enacted
by local governments. Limitation
 The guarantee is not the violated by court Legislation impairing the obligation of
decisions or by acts of boards or officers acting contracts can be sustained when it is enacted for the
in a judicial or quasi-judicial capacity which promotion of the general good of the people and
have the effect of altering the obligation of a when the means adopted to secure the end be
contract. reasonable. Both the end sought and the means
 It includes contracts which is entered by: adapted must be legitimate, meaning within the scope
1) private person and private persons and; of the reserved power of the state construed in
2) private persons and the government harmony with the constitutional limitation of that
 It presupposes a valid contract, one that is power.
not contrary to law, morals, good customs,
public order, or public policy. The test for validity for legislation interfering
 Laws impairing the obligation of contracts are with existing contracts is reasonableness, in other
necessarily retroactive words freedom from arbitrariness, capriciousness, and
whimsicality is the test of the constitutionality.
Contracts excluded
1) Under the Civil Code, contracts of labor In relation to the inherent powers of the state
are explicitly subject to the police power of 1) Police power - Individual rights to contract and
the state because they are not ordinary to property are necessarily limited by the
contracts but are imposed with public exercise of the police power of the state in the
interest. interest of the general welfare and by the
2) Marriage which is sometimes referred to explicit provisions in the Constitution specially
as a contract is, more than just a mere with reference to the promotion of social
contract, it is also a status. Hence, it is justice. Hence, pre-existing, and even future
outside of the contemplation of the contracts yield to a reasonable exercise of
Constitutional provision of the non- police power.
impairment of obligation of contracts. 2) Taxation - As to the power of taxation, the
3) A license, or also a franchise, is not a guarantee against impairment has never been
contract. thought of as a limitation as to the exercise of
4) Public office, which is inconsistent with the state’s power of taxation.
either a property or a contract right. 3) Eminent domain - It may also validly limit the
5) Membership in the Social Security impairment prohibition but social justice
System is not the result of a bilateral cannot be invoked to trample on the rights of
consensual agreement where the rights in property owners who under our Constitutional
setup and under our laws are also entitled to

protection.
SWS v. COMELEC
ISSUE: WON Comelec’s Resolution no. 9674 violates
the Constitutional proscription against impairment of
contracts.
RULING: No, because it is settled that the

Constitutional guarantee of non-impairment is
limited with the exercise of the police power of the
State in the interest of public health, safety, morals, and
general welfare. Now it is a basic rule in contracts that
the law is deemed written into the contracts between
the parties, the incorporation of regulations into
contracts is a postulate of the police power of the state.
While the non-impairment of contract is a
Constitutionally guaranteed, the rule is not absolute
since it has to be reconciled with the legitimate exercise
of police power. Has in this case, it is the prescription
of regulations by the COMELEC. It also applies to the
regulations that will promote the health, morals, peace,
education, good order, or safety, or general welfare of
the people. Here the purpose of the resolution by
the COMELEC is to guarantee the equal access to
opportunities for public service provided for under
the Constitution and is impelled by the imperative of
fair election. So as a valid exercise of COMELEC’s
regulatory power the resolution is correctly deemed
written and into the petitioner’s existing contracts.
Philippine Rural v. Secretary of DILG

ISSUE: WON there is a violation of the non-
impairment clause when the local government rule
removing the tax exemptions was passed.
RULING: It is ingrained in jurisprudence that the

constitutional prohibition on the impairment of the
obligations of contracts does not prohibit every change
in existing laws. To fall within the prohibition, the
change must not only impair the obligation of the
existing contract, but the impairment must be
substantial. To constitute impairment, the law must
affect a change in the rights of the parties with
reference to each other and not with respect to non-
parties.
~END~
RIGHTS OF PERSONS UNDER CUSTODIAL stricter requirements

INVESTIGATION compared to its
American counterpart,
SECTION 12. (1) Any person under investigation now it must be done in
for the commission of an offense shall have the right writing and in the
to be informed of his right to remain silent and to presence of counsel.
have competent and independent counsel preferably
of his own choice. If the person cannot afford the CUSTODIAL INVESTIGATION
services of counsel, he must be provided with one.  Custodial investigation – commences when
These rights cannot be waived except in writing and a person is taken into custody and is singled out
in the presence of counsel. as a suspect in the commission of a crime under
investigation and the police officers begin to
(2) No torture, force, violence, threat, intimidation, ask questions on the suspect’s participation
or any other means which vitiate the free will shall therein and which tend to elicit admission
be used against him. Secret detention places, solitary,
 A custodial investigation is understood x x
incommunicado, or other similar forms of detention
are prohibited. x as x x x any questioning initiated by law
enforcement authorities after a person is
(3) Any confession or admission obtained in taken into custody or otherwise deprived of
violation of this or Section 17 hereof shall be his freedom of action in any significant
inadmissible in evidence against him. manner. (People v. Ibañez)
 these provisions of the Constitution are
(4) The law shall provide for penal and civil actually implemented in RA 7438
sanctions for violations of this section as well as  Section XII actually governs instances where
compensation to and rehabilitation of victims of there is already investigation in the police
torture or similar practices, and their families. station, but under RA 7438, it expanded this
scenario to include certain circumstances
SECTION 17. No person shall be compelled to be wherein the investigation is no longer a general
a witness against himself. inquiry into a crime that has been committed,
but has already become accusatory.
Sec 12, 1987 Miranda Doctrine
 Such that a person on board a police vehicle on
Constitution
the way to the police station is already
Expanded the Miranda Originally from the
Doctrine. It is now Miranda v. Arizona case considered under custodial investigation, or
collectively known as even a roadside questioning of a motorist, if he
Miranda Rights is already a suspect for a particular crime.
1) The right to remain 1) Any person or  Conducted by law enforcement officers
silent. custodial investigation
2) The right to have has the right to remain People v. Mahinay
competent and silent; The Supreme Court lays down the procedure,
independent counsel 2) Anything he says can guidelines, and duties which the arresting, detaining,
preferably of his own and will be used against inviting, or investigating officer or his companion must
choice. In connection him in the Court of law; do and observe at the time of making an arrest, and
also, that if the person 3) He has the right to again at the time during the custodial investigation
cannot afford the talk to an attorney
under the constitution, jurisprudence and
services of counsel, he before being questioned
Republic Act no. 7438.
must be provided with and to have his counsel
one and these rights present when being
cannot be waived except questioned; Luz v. People
in writing and in the 4) If he cannot afford an It is settled that the safeguards prescribed by Miranda
presence of counsel. attorney, one will be become applicable as soon as a suspect’s freedom of
provided before any action is curtailed to a "degree associated with formal
questioning if he so arrest."
desires
Modified the right to The requirement is only The U.S. Court in Berkemer thus ruled that, since the
counsel by specifically an attorney motorist therein was only subjected to modest
qualifying to mean questions while still at the scene of the traffic stop,
competent and he was not at that moment placed under custody
independent counsel (such that he should have been apprised of his
preferably of suspect's
Miranda rights), and neither can treatment of this
own choice
Waiver of the right to Less strict in sort be fairly characterized as the functional
counsel provided for requirements equivalent of a formal arrest. Similarly, neither can
petitioner here be considered "under arrest" at the time physical and psychological coercion, the law affords
that his traffic citation was being made. arrested persons constitutional rights to guarantee the
voluntariness of their confession and admissions and
PHILCOMSAT v. Senate to act as a deterrent from coercion by police
Anent the right against self-incrimination, it must be authorities.
emphasized that this right may only be invoked by the
officers of the PHILCOMSAT only when People v. Guting
incriminating questions are being asked. Here what was Issue: Whether or not the voluntary verbal
discussed was that this was not the proper venue to call admission was admissible.
for the violation of the rights under Section 12 because Ruling: Section 12 Article 3 does not prohibit or
they were not arrested, detained or under custodial impair or stop voluntarily given statements. It seeks to
investigation this was a senate inquiry. prevent or prohibit coerced statements, but not those
that are voluntarily given. The voluntary admission
People v. Cabanada or statement of the boy killing his father was made
During the time that the investigation was in the house, outside custodial investigation.
it was just a general inquiry on who might have stolen
the items that were lost - the cash and the jewelry. MIRANDA RIGHTS
There the admission of the maid was a valid The reading of Miranda Rights:
extrajudicial admission of guilt that does not have to be  require the transmission of meaningful
in writing and does not have to be assisted by counsel information rather than just a ceremonial
because during that time it was not yet a custodial and perfunctory recitation of an abstract
investigation. Constitutional principle
 the right can be invoked or is available the
That part or that phase of the investigation when it moment there is an arrest, with or without
already became accusatory it was no longer than just a a warrant
general inquiry as to who might have stolen but already
focus on that maid that was the suspect of the Timeline of applicability
investigation. Therefore, all the rights pertaining to a Before January 17, 1973
person under custodial investigation already attached  Section 12 of the Constitution was first
to her and should be given to her, otherwise everything incorporated in our fundamental law in the
thereafter would be considered as in violation of her 1973 Constitution.
constitutional rights and any extrajudicial confession  No provision as to the reading of the Miranda
made there in without the presence of counsel even if Rights
it's in writing even if it's signed by hermpresence of  any extrajudicial confession made without the
counsel even if it's in writing even if it's signed by her. reading of the Miranda Rights, is valid so long
Or even if for example there was a valid waiver of the as it is voluntary
right to counsel if there was no presence of a relative
or the mayor or the minister etc. January 17, 1973 – April 25, 1983
 The 1973 Constitution already provides for the
People v. Peñaflor right to be informed, the right to remain silent,
Custodial interrogation/investigation vs Preliminary the right to counsel, and the right to be
investigation informed of such right
Custodial interrogation/investigation - is the  There was no rule that any waiver of those
questioning initiated by law enforcement officers rights should be in writing and should be
after a person has been taken into custody or otherwise before or signed in the presence of a counsel.
deprived of his freedom of action in any significant  Waiver is valid so long as they are made with
way. the reading of Miranda Rights and is
Preliminary investigation - is an inquiry or a voluntary
proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a After April 25, 1983
crime has been committed, and that the respondent  Jurisprudence has added that any waiver to the
is probably guilty thereof and should be held for trial. right to remain silent and the right to counsel
must be made by the accused only in the
The import of the distinction between custodial presence and with the assistance of counsel
interrogation and preliminary investigation relates to
the inherently coercive nature of custodial
Miranda v. Arizona
interrogation which is conducted by the police The following are the rights of suspects:
authorities. Due to the interrogatory procedures 1) Right to remain silent
employed by police authorities which are conducive to
2) Right to competent and independent counsel,

preferably on his own choice; In People v. Teehankee, Jr., the Court explained the
3) Right to be reminded that if he cannot afford procedure for out-of-court identification and the
the services of counsel, he would be provided test to determine the admissibility of such
with one identifications in this manner:
4) Right to be informed of his rights
5) Right against torture, force, violence, threat, Out-of-court identification is conducted by the
intimidation or any other means which vitiate police in various ways. It is done thru show-ups where
the free will the suspect alone is brought face to face with the
6) Right against secret detention places, solitary, witness for identification. It is done thru mug shots
incommunicado, or similar forms of detention where photographs are shown to the witness to
7) Right to have confessions or admissions identify the suspect. It is also done thru lineups where
obtained in violation of these rights considered a witness identifies the suspect from a group of persons
inadmissible in evidence lined up for the purpose x x x In resolving the
admissibility of and relying on out-of-court
Unavailability of Miranda Rights identification of suspects, courts have adopted the
1) During a police line-up, unless admissions or totality of circumstances test where they consider
confessions are being elicited from the the following factors, viz:
suspect; 1) the witness' opportunity to view the criminal at
2) During administrative investigations the time of the crime;
3) Confessions made by an accused at the time 2) the witness' degree of attention at that time;
he voluntarily surrendered to the police or 3) the accuracy of any prior description given by
outside the context of a formal investigation
the witness;
4) Statements made to a private person
5) Forensic investigation 4) the level of certainty demonstrated by the
6) Confessions executed before January 17, witness at the identification;
1973 5) the length of time between the crime and the
7) Res gestae statements/spontaneous identification; and
statements 6) the suggestiveness of the identification
8) Statements made to newsmen procedure.
People v. Lara xxx These exchanges show that the lineup had not
Contrary to Lara’s claim, that he was not provided with been attended by any suggestiveness on the part of the
counsel when he was placed in a police line-up did not police or the NBI agents; there was no evidence that
invalidate the proceedings leading to his conviction. they had supplied or even suggested to either Edward
That he stood at the police line-up without the or Jocelyn that the appellants were the kidnappers.
assistance of counsel did not render Sumulong’s
identification of Lara inadmissible. The right to In People v. Pineda, the Court acquitted Rolando Pineda
counsel is deemed to have arisen at the precise moment because the police suggested the identity of the accused
custodial investigation begins and being made to stand by showing only the photographs of Pineda and his co-
in a police line-up is not the starting point or a part of accused Celso Sison to witnesses Canilo Ferrer and
custodial investigation. Jimmy Ramos. According to the Court, "there was
impermissible suggestion because the
As this Court previously ruled in People v. Amestuzo: The photographs were only of appellant and Sison,
right to be assisted by counsel attaches only during focusing attention on the two accused."
custodial investigation and cannot be claimed by the
accused during identification in a police line-up Similarly, the Court in People v. Rodrigo acquitted
because it is not part of the custodial investigation appellant Lee Rodrigo since only a lone photograph
process. This is because during a police line-up, the was shown to the witness at the police station. We
process has not yet shifted from the investigatory thus held that the appellant's in-court identification
to the accusatory and it is usually the witness or proceeded from, and was influenced by,
the complainant who is interrogated and who impermissible suggestions in the earlier
gives a statement in the course of the line-up. photographic identification.
People v. Pepino Right to counsel

Right to be informed The right to counsel is a fundamental right and is
We find no merit in Gomez's claim that Edward's intended to preclude the slightest coercion that would
identification of her during trial might have been lead the accused to admit something false. The right to
preconditioned by the "suggestive identification" made counsel attaches upon the start of the investigation, i.e.,
during the police lineup. when the investigating officer starts to ask questions to
elicit information and/or confessions or admissions  Implementing law of Section 12 of the 1987
from the accused. Constitution
 Custodial investigation shall include the
As a rule, a police lineup is not part of the custodial practice of issuing an "invitation" to a person
investigation; hence, the right to counsel who is investigated in connection with an
guaranteed by the Constitution cannot yet be offense he is suspected to have committed,
invoked at this stage. The right to be assisted by without prejudice to the liability of the
counsel attaches only during custodial investigation "inviting" officer for any violation of law.
and cannot be claimed by the accused during
identification in a police lineup. Section 2. Rights of Persons Arrested, Detained or Under
Custodial Investigation; Duties of Public Officers. –
Tanenggee v. People
Amplifying further on the matter, the Court made clear (a) Any person arrested detained or under custodial
in the recent case of Carbonel v. Civil Service Commission: investigation shall at all times be assisted by
counsel.
However, it must be remembered that the right
to counsel under Section 12 of the Bill of (b) Any public officer or employee, or anyone
acting under his order or his place, who arrests,
Rights is meant to protect a suspect during
detains or investigates any person for the
custodial investigation. Thus, the exclusionary commission of an offense shall inform the latter, in
rule under paragraph (2), Section 12 of the Bill a language known to and understood by him, of
of Rights applies only to admissions made in a his rights to remain silent and to have competent and
criminal investigation but not to those made independent counsel, preferably of his own choice,
in an administrative investigation. who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial
Here, petitioner’s written statement was given during investigation. If such person cannot afford the
an administrative inquiry conducted by his employer in services of his own counsel, he must be provided
connection with an anomaly/irregularity he allegedly with a competent and independent counsel by
committed in the course of his employment. No error the investigating officer.
can therefore be attributed to the courts below in
(c) The custodial investigation report shall be
admitting in evidence and in giving due consideration
reduced to writing by the investigating officer,
to petitioner’s written statement as there is no
provided that before such report is signed, or
constitutional impediment to its admissibility. thumbmarked if the person arrested or detained
does not know how to read and write, it shall be
Mesina v. People read and adequately explained to him by his
Contrary to the petitioner’s claim, the fact that he was counsel or by the assisting counsel provided by
one of those being investigated did not by itself define the investigating officer in the language or dialect
the nature of the investigation as custodial. For him, known to such arrested or detained person,
the investigation was still a general inquiry to ascertain otherwise, such investigation report shall be null and
the whereabouts of the missing patubig collection. By void and of no effect whatsoever.
its nature, the inquiry had to involve persons who had
direct supervision over the issue, including the City (d) Any extrajudicial confession made by a person
Treasurer, the City Auditor, the representative from arrested, detained or under custodial
investigation shall be in writing and signed by
different concerned offices, and even the City Mayor.
such person in the presence of his counsel or in
What was conducted was not an investigation that the latter's absence, upon a valid waiver, and in
already focused on the petitioner as the culprit but the presence of any of the parents, elder brothers
an administrative inquiry into the missing city and sisters, his spouse, the municipal mayor,
funds. Besides, he was not as of then in the custody of the municipal judge, district school supervisor,
the police or other law enforcement office. or priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession shall
RA 7438 be inadmissible as evidence in any proceeding.
An Act Defining Certain Rights of Persons
Arrested, Detained, or Under Custodial (e) Any waiver by a person arrested or detained
Investigation as well as the Duties of the Arresting, under the provisions of Article 125 of the
Detaining and Investigating Officers, and Providing Revised Penal Code, or under custodial
Penalties for the Violations thereof investigation, shall be in writing and signed by
 It includes persons such person in the presence of his counsel;
1) arrested, otherwise the waiver shall be null and void and of no
2) detained, and effect.
3) those under custodial investigation
(f) Any person arrested or detained or under 5) by any international non-governmental

custodial investigation shall be allowed visits by organization duly accredited by the Office
or conferences with any member of his of the President.
immediate family, or any medical doctor or
priest or religious minister chosen by him or by FORMALITIES
any member of his immediate family or by his  Sec 2(c) – Custodial investigation report
counsel, or by any national non-governmental
 When the person knows how to read
organization duly accredited by the
Commission on Human Rights of by any and write –
international non-governmental organization 1) SHALL BE REDUCED IN
duly accredited by the Office of the President. WRITING BY THE
The person's "immediate family" shall include his or INVESTIGATING OFFICER
her spouse, fiancé or fiancée, parent or child,  When the person does not know how
brother or sister, grandparent or grandchild, to read and write –
uncle or aunt, nephew or niece, and guardian or 1) SHALL BE REDUCED IN
ward. WRITING BY THE
INVESTIGATING OFFICER
As used in this Act, "custodial investigation" shall 2) SIGNED AND
include the practice of issuing an "invitation" to a THUMBMARKED
person who is investigated in connection with an
SIGNIFYING THAT HE
offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for UNDERSTOOD THE
any violation of law. CONTENTS AND
EXPLAINED TO HIM IN AN
RIGHTS UNDERSTANDABLE
 Sec 2(a) – Assistance by counsel LANGUAGE OR DIALECT
GR: Any person arrested, detained, or under
custodial investigation shall at all times be  Sec 2(d) – Extrajudicial confession
assisted by counsel. Shall be:
XPN: Person validly waives in writing the 1) In writing
Right to Counsel, in writing and in the presence 2) Signed by such person in the presence of
of the counsel an independent and competent counsel
3) Upon a valid waiver upon absence of his
 Sec 2(b) – Language counsel
Any public officer or employee or anyone  Provided, the extrajudicial
acting under his order or his place who arrests, confession be in the presence of any
detains, or investigates any person for the of the parents, elder brothers and
commission of an offense shall inform the sisters, his spouse, the municipal
latter of his miranda rights mayor, the municipal judge, district
1) In a language that is known; school supervisor, or priest or
2) understood by him. minister of the gospel as chosen by
him
 Sec 2(f) – Visitations or conferences  presence of counsel can actually be
Any person arrested or detained or under waived by complying with certain
custodial investigation shall be allowed visits by formalities under the Constitution:
or conferences with 1) that the waiver of the presence of the
1) any member of his immediate family, or counsel is in writing;
 “immediate family" shall include 2) that it is signed by the person
his or her spouse, fiancé or under custodial investigation.
fiancée, parent or child, brother
or sister, grandparent or  Sec 2(e) – Waiver
grandchild, uncle or aunt, Coverage: Made by a person arrested or
nephew or niece, and guardian detained under the provisions of Article 125 of
or ward. the Revised Penal Code, or under custodial
2) any medical doctor investigation
3) or priest or religious minister chosen by Extent: What is waived there is the timeline
him or by any member of his immediate under Art 123 RPC
family or by his counsel, or
4) by any national non-governmental Must be:
organization duly accredited by the 1) In writing
Commission on Human Rights or
2) signed by such person in the presence of preliminary investigation, or those charged with the
his counsel prosecution of crimes.
 Must be independent and competent
WAIVER
May be waived Cannot be waived Disqualified assisting counsels
The right to counsel The reading of Miranda 1) Lawyers connected with the PNP or with the
The right to remain Rights or the right to be NBI,
silent informed 2) Special counsel
Presumption: The rule or the presumption is against 3) Those connected with the office of the
waiver prosecutor (public prosecutor)
Burden of proof: 4) Those charged with prosecuting crimes or
 Prosecution - First, they should prove that all criminals
the requirements under the constitution and 5) Counsel of the police or of a municipal
the law has been met attorney whose interest is adverse to the
 Accused – Second, it will be the burden of accused
proof of the accused if he later on says that the 6) Mayor or barangay captains who are also
extrajudicial confession or the admission was lawyers
made not voluntarily but was coerced, was 7) A lawyer signing only as a witness and not as a
under duress, etc. counsel
ASSISTING COUNSEL The failure to ask for a lawyer does not constitute
Section 3. Assisting Counsel. – Assisting counsel is a waiver.
any lawyer, except those directly affected by the
case, those charged with conducting Effects of absence of counsel
preliminary investigation or those charged with In the absence of any counsel or any assisting
the prosecution of crimes. counsel, no custodial investigation shall be
conducted and the suspected persons can only be
The assisting counsel other than the government
detained by the investigation officer in accordance
lawyers shall be entitled to the following fees;
with the provisions of Article 125 of the RPC (Sec 3
(a) The amount of One hundred fifty pesos (6), RA 7438)
(P150.00) if the suspected person is chargeable with
light felonies; People v. Bacor
A PAO lawyer can be considered an independent
(b) The amount of Two hundred fifty pesos counsel within the contemplation of the
(P250.00) if the suspected person is chargeable with Constitution considering that he is not a special
less grave or grave felonies; counsel nor is he a public or private prosecutor nor is
he a counsel for the police, a municipal attorney whose
(c) The amount of Three hundred fifty pesos interest is admittedly adverse to that of the accused
(P350.00) if the suspected person is chargeable with appellant. The assistance of a PAO lawyer suffices the
a capital offense. Constitutional requirement of a competent and
independent counsel for an accused.
The fee for the assisting counsel shall be paid by the
city or municipality where the custodial investigation
is conducted, provided that if the municipality of city People v. Ibañez
cannot pay such fee, the province comprising such Out of court identification
municipality or city shall pay the fee: Provided, That To our mind, Lino’s failure to state relevant details
the Municipal or City Treasurer must certify that no surrounding the police line-up is a glaring omission
funds are available to pay the fees of assisting that renders unreliable Zaldy’s out-ofcourt
counsel before the province pays said fees. identification. No way exists for the courts to evaluate
the factors used in determining the admissibility and
In the absence of any lawyer, no custodial reliability of out-of-court identifications, such as the
investigation shall be conducted and the level of certainty demonstrated by the witness at the
suspected person can only be detained by the identification; the length of time between the crime and
investigating officer in accordance with the
the identification; and the suggestiveness of the
provisions of Article 125 of the Revised Penal
identification procedure. The absence of an
Code.
independent in-court identification by Zaldy
Definition additionally justifies our strict treatment and
Assisting counsel - any lawyer except those directly assessment of Lino’s testimony.
affected by the case, those charged with conducting
Extrajudicial confession
After a careful examination of the evidence on hand, lawyer should ascertain that the confession is made
we hold that Nabilgas’ extrajudicial confession is voluntarily and that the person under investigation
inadmissible in evidence. The Court has consistently fully understands the nature and the consequence
held that an extrajudicial confession, to be admissible, of his extrajudicial confession in relation to his
must satisfy the following requirements: constitutional rights. A contrary rule would
1) the confession must be voluntary; undoubtedly be antagonistic to the constitutional rights
2) it must be made with the assistance of a to remain silent, to counsel and to be presumed
competent and independent counsel, innocent.
preferably of the confessant's choice;
3) it must be express; and Choice of counsel
4) it must be in writing. Ideally, the lawyer called to be present during such an
investigation should be as far as reasonably possible the
Custodial investigation choice of the individual undergoing questioning. But,
A custodial investigation is understood x x x as x x x the word ‘preferably’ does not convey the message
any questioning initiated by law enforcement that the choice of a lawyer by a person under
authorities after a person is taken into custody or investigation is exclusive as to preclude other equally
otherwise deprived of his freedom of action in any competent and independent attorneys from handling
significant manner. this defense. What is imperative is that the counsel
should be competent and independent.
Requirements for assisting counsels
An ‘effective and vigilant counsel’ necessarily and EXTRAJUDICIAL CONFESSIONS
logically requires that the lawyer be People v. Chi Chan Liu
1) present and Issue: Whether or not the seizure of the Shabu was
2) be able to advise and assist his client from the valid and therefore whether or not the Shabu as
time the confessant answers the first question evidence of the crime they committed was valid.
asked by the investigating officer until the Ruling: What is excluded is the extrajudicial
signing of the extrajudicial confession. confession or the admission. It does not affect the
seizure of the object or the subject of the crime.
People v. Chavez
Purpose of Miranda Rights Res gestae statements
Here the Supreme Court discuss the purpose of the  those statements made during a startling
safeguard provided by the Miranda Rights, which are occurrence, an admissible hearsay
to ensure that the police do not coerce or trick captive  these statements are made spontaneously and
suspects into confessing to relieve the inherently voluntarily and so long as that person is not yet
compelling pressures generated by the custodial setting under custodial investigation then the
itself which work to undermine the individual’s will to voluntary statement can be considered as
resist and as much as possible to free courts from the extrajudicial confession or admission
task of scrutinizing individual cases to try to determine  GR: spontaneous statements are admissible
after the fact whether particular confessions were made XPN: if the spontaneous statement is made
voluntarily. during the custodial investigation
Actions for invalidation of the extrajudicial confession People v. Baloloy

Even though there is an invalidation of extrajudicial In the instant case, after he admitted ownership of the
confession if there are other witnesses that can black rope and was asked by Ceniza to tell her
establish the case beyond reasonable doubt then everything, JUANITO voluntarily narrated to Ceniza
the accused may still be found guilty beyond that he raped GENELYN and thereafter threw her
reasonable doubt of a crime. It's that just because body into the ravine. This narration was a
there is a violation of his rights under Section 12, the spontaneous answer, freely and voluntarily given
extrajudicial confession may no longer be used as in an ordinary manner. It was given before he was
evidence against him but again there can be other ways arrested or placed under custody for investigation in
to convict an accused of a crime. connection with the commission of the offense.
People v. Peñaflor
Competent and independent counsel Jesalva v. People
The lawyer should be present at all stages of the The assailed statements herein were spontaneously
interview, counseling or advising caution reasonably at made by petitioner and were not at all elicited through
every turn of the investigation, and stopping the questioning. It was established that petitioner, together
interrogation once in a while either to give advice to with his cousin Fiscal Jayona, personally went to the
the accused that he may either continue, choose to police station and voluntarily made the statement that
remain silent or terminate the interview. Moreover, the Leticia jumped out of his vehicle at around 12:30 a.m.
of September 9, 1992. The RTC and the CA did not, The existence of the waiver must be positively
therefore, err in holding that the constitutional demonstrated. The standard of waiver requires that it
procedure for custodial investigation is not applicable not only must be (1) voluntary but (2) must be
in the instant case. knowing, intelligent, and done with sufficient
awareness of the relevant circumstances and the likely
Voluntariness consequences of the waiver. Mere silence of the
A confession must be voluntary. The following factors holder of their right should not be construed as a
indicate voluntariness of an extrajudicial confession: waiver of the right and the Courts must indulge
1) where the accused failed to present credible every reasonable presumption against the waiver.
evidence of compulsion or duress or
Constitutional rights of the accused in criminal
violence on the persons;
cases
2) where they failed to complain to the officers
1) Right to adequate legal assistance (Section 11)
who administered the oaths;
2) Rights of a person on their custodial
3) where they did not institute any criminal or
investigation – the right when under
administrative action against their alleged
investigation for the commission of an offense
intimidators or formal treatment
to be informed of his right to remain silent and
4) where there appeared to be no marks of
to have the counsel. (Section 12)
violence on their bodies; and
3) Right against the use of torture, force, violence,
5) where they did not have themselves
and intimidation or any other means which
examined by a reputable physician to
vitiates free will.
buttress their claim.
4) Right against being held in secret
incommunicado or similar forms of solitary
Admissions in the presence of newsmen
detention.
People v. Taboga
5) Right to bail and against excessive bail (Section
That it was not part of the custodial investigation even
13)
if policemen were present there. There was the
6) Right to due process of law in criminal
presence of newsmen, and the admission and
proceedings or in criminal cases
confession made during the interview, being not
7) Right to presumption of innocence
part of any custodial investigation may be made
8) Right to be heard by himself and counsel
admissible as an extrajudicial admission of guilt in
9) Right to be informed of the nature and cause
court.
of the accusation against him
10) Right to have a speedy impartial and public trial
RIGHT OF THE ACCUSED
11) Right to meet the witnesses face-to-face
12) Right to have compulsory process to secure the
SECTION 14. (1) No person shall be held to
answer for a criminal offense without due process of attendance of witnesses and the production of
law. evidence in his behalf
13) Right against self-incrimination (Section 17)
(2) In all criminal prosecutions, the accused shall be 14) Right against the detention by reason of
presumed innocent until the contrary is proved, and political beliefs and aspiration (Section 18)
shall enjoy the right to be heard by himself and 15) Right against excessive fines
counsel, to be informed of the nature and cause of 16) Right against cruel, degrading, or inhuman
the accusation against him, to have a speedy, punishment
impartial, and public trial, to meet the witnesses face 17) Right against infliction of the death penalty
to face, and to have compulsory process to secure except for heinous crimes under (Section 19)
the attendance of witnesses and the production of 18) Right against double jeopardy under (Section
evidence in his behalf. However, after arraignment, 21)
trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and
his failure to appear is unjustifiable. Reason for the tenderness of Constitution on the
subject of the rights of an accused
Rights under the Constitution 1) A criminal case is an unequal contest.
1) Those which both the state and accused is 2) A criminal accusation is a very serious
interested in – CANNOT BE WAIVED matter.
2) Those which are personal to the accused which 3) To protect the innocent against wrongful
are in the nature of his or her personal conviction.
privileges – MAY BE DONE BY 4) The protection of the guilty against arbitrary
VOLUNTARY WAIVER punishment.
Alonte v. Javellano Jr
Rights of the accused Rights of persons Due process is satisfied when the parties are afforded
under custodial a fair and reasonable opportunity to explain their
investigation respective sides of the controversy. Where an
Rights granted to an Rights granted to opportunity to be heard either through oral arguments
accused when one is suspects of a criminal or through pleadings is accorded, there is no denial of
already tried in the offense procedural due process.”
courts of law
There is already an No information filed
ABS-CBN Corporation v. Gozon
information filed yet
Control in criminal proceedings
Once there is already an information filed in court, the
Criminal due process
control of the criminal case will be already vested with
a. The accused must be: (NOTICE AND
the court and not with the prosecution. While the
HEARING)
determination of probable cause to know whether or
1) Informed as to why he is proceeded against and what
not a crime has been committed in a preliminary
charge he has to meet
investigation proceeding is within the control of a
2) The accused to be given a fair and impartial trial
public prosecutor, whether city prosecutor, municipal
before a competent court
prosecutor or the ombudsman, once information is
3) Allowed to use all legal means and opportunity to
already filed in court, the control of the criminal
defend himself
case will already vest in court.
b. The jurisdiction must be lawfully acquired by the
court over the person of the accused; (COURT OF
Estrada v. Ombudsman
COMPETENT JURISDICTION)
Rights to due process in administrative cases compared to rights
c. The judgment against him must be rendered upon
to preliminary investigation
lawful hearing upon the authority of a valid law.
The rights to due process in administrative cases as
(LAWFUL JUDGMENT)
prescribed in Ang Tibay, as amplified in GSIS, are
granted by the Constitution; hence, these rights cannot
Aguinaldo v. Ventus
be taken away by mere legislation. On the other hand,
Issue: Whether or not the failure to grant or to give an
as repeatedly reiterated by this Court, the right to a
opportunity to move for reconsideration is a violation
preliminary investigation is merely a statutory right, not
of accused’s right to due process in a preliminary
part of the "fundamental and essential requirements"
investigation proceeding.
of due process as prescribed in Ang Tibay and amplified
in GSIS. Thus, a preliminary investigation can be taken
Ruling: NO. While they are correct in stating that the
away by legislation. The constitutional right of an
right to preliminary investigation is a substantive, not
accused to confront the witnesses against him
merely a procedural right, petitioners are wrong in
does not apply in preliminary investigations; nor
arguing that the Information filed, without affording
will the absence of a preliminary investigation be
the respondent his right to file a motion for
an infringement of his right to confront the
reconsideration of an adverse DOJ resolution, is fatally
witnesses against him. A preliminary investigation
premature. In support of their argument, petitioners
may be done away with entirely without infringing the
cite Sales v. Sandiganbayan wherein it was held that since
constitutional right of an accused under the due
filing of a motion for reconsideration is an integral part
process clause to a fair trial.
of the preliminary investigation proper, an Information
filed without first affording the accused his right to a
A preliminary investigation is sui generis it is neither
motion for reconsideration, is tantamount to a denial
a purely criminal nor a purely civil undertaking it's
of the right itself to a preliminary investigation.
an investigation which is a kind of its own.
The Court finds petitioners' reliance on Sales as
misplaced. A closer look into said case would reveal RIGHT TO BAIL
that the accused therein was denied his right to move SECTION 13. All persons, except those charged
for a reconsideration or a reinvestigation of an adverse with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction,
resolution in a preliminary investigation under the
be bailable by sufficient sureties, or be released on
Rules of Procedure of the Ombudsman before the recognizance as may be provided by law. The right
filing of an Information. In contrast, petitioners in to bail shall not be impaired even when the privilege
this case were afforded their right to move for of the writ of habeas corpus is suspended. Excessive
reconsideration of the adverse resolution in a bail shall not be required.
preliminary investigation when they filed their
“Motion for Reconsideration and Motion for the Bail
Withdrawal of Information Prematurely Filed with A security given for the release of a person in
the Regional Trial Court. custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court as
required under the conditions hereinafter specified. (Section 19, supra). Otherwise, petition should be
(Sec 1, Rule 114) denied.
Bail acts as a reconciling mechanism to Forms of bail (Sec 1, Rule 114)

accommodate both the accused’s interest in pretrial 1) Corporate surety – Bonding company
liberty and society’s interest in assuring the accused’s guarantees the appearance in court of the
presence at trial. accused. The accused only has to pay a
premium and the bond is renewed annually.
Purpose of bail  bail bond must also be subscribed by
1) To relieve an accused from imprisonment until the accused and an officer of the
his conviction and yet assure appearance at the corporate surety
trial and at the same time enable him to prepare  The surety becomes directly and
his defense without being subject to solidary liable with the accused
punishment prior to conviction.  There are 3 parties in a corporate
2) To prevent the release of an accused who surety
might otherwise be dangerous to society or 1) state,
whom judges might not want to be released. 2) accused
3) It acts as reconciling mechanism to 3) corporate surety
accommodate both the accused’s interest in
liberty before trial and society's interest in Section 10. Corporate surety. — Any
assuring accused presence at the trial. domestic or foreign corporation, licensed
4) The right to bail is granted because in all as a surety in accordance with law and
criminal prosecutions the accused is presumed currently authorized to act as such, may
innocent, that without bail bond the accused provide bail by a bond subscribed jointly by
under detention cannot be released. the accused and an officer of the corporation
duly authorized by its board of directors.
General rules on bail (10a)
1. All persons charged before their conviction
2) Property bond - If the accused has no cash
for a criminal offense shall be entitled to bail.
and no surety, title of a real property is
2. The suspension of the privilege of the writ
deposited in court; and it does not need to be
of habeas corpus does not impair the right
in the name of the accused.
to bail.
3. Excessive bail is not required.
4. The right can be invoked or is available the Section 11. Property bond, how posted. — A
property bond is an undertaking constituted
moment there is an arrest, with or without a
as lien on the real property given as
warrant security for the amount of the bail. Within
5. The person to be released must be in custody ten (10) days after the approval of the bond,
of the law. the accused shall cause the annotation of
6. Before or after information is filed the lien on the certificate of title on file with
7. The hearing must be necessary and summary the Register of Deeds if the land is
registered, or if unregistered, in the
Narciso v. Sta Romana Cruz Registration Book on the space provided
The following are the duties of the trial judge in a therefor, in the Registry of Deeds for the
petition for bail in the offenses as mentioned: province or city where the land lies, and on
a) Notify the prosecutor of the hearing of the the corresponding tax declaration in the
application for bail or require him to submit his office of the provincial, city and municipal
recommendation (Section 18, Rule 114 of the Rules of assessor concerned.
Court as amended;
Within the same period, the accused shall
b) Conduct a hearing of the application for bail submit to the court his compliance and his
regardless of whether or not the prosecution refuses to failure to do so shall be sufficient cause for
present evidence to show that the guilt of the accused the cancellation of the property bond and his
is strong for the purpose of enabling the court to re-arrest and detention. (11a)
exercise its sound discretion (Sections 7 and 8, supra);
c) Decide whether the evidence of guilt of the Section 12. Qualifications of sureties in property
accused is strong based on the summary of evidence bond. — The qualification of sureties in a
of the prosecution (Baylon v. Sison, supra); property bond shall be as follows:
d) If the guilt of the accused is not strong, discharge
the accused upon the approval of the bail bond. (a) Each must be a resident owner of real
estate within the Philippines;
(b) Where there is only one surety, his real accused from the public officials who have him
estate must be worth at least the amount in their charge to keepers of his own selection
of the undertaking;
(c) If there are two or more sureties, each Section 15. Recognizance. — Whenever allowed by
may justify in an amount less than that law or these Rules, the court may release a person in
expressed in the undertaking but the custody to his own recognizance or that of a
aggregate of the justified sums must be responsible person. (15a)
equivalent to the whole amount of bail
demanded. In all cases the giving or posting of a bail bond by
the accused is tantamount to the submission of his
In all cases, every surety must be worth the person to the jurisdiction of the Court.
amount specified in his own undertaking
over and above all just debts, obligations and
Who may invoke?
properties exempt from execution. (12a)
1) Arrested
Section 13. Justification of sureties. — Every 2) Detained
surety shall justify by affidavit taken before 3) Deprived of their liberty whether or not an
the judge that he possesses the information or a criminal complaint has been
qualifications prescribed in the preceding filed
section. He shall describe the property given
as security, stating the nature of his title, its GR: All those who are already in custody of law may
encumbrances, the number and amount of avail of the right to bail as a matter of right
other bails entered into by him and still XPN: Those charged with offenses punishable with
undischarged, and his other liabilities. The reclusion perpetua, when evidence of guilt is strong
court may examine the sureties upon oath
concerning their sufficiency in such manner Bail may either be:
as it may deem proper. No bail shall be 1) A matter of right
approved unless the surety is qualified. (13a) 2) A matter of discretion
3) Cash deposit - The two parties to the A MATTER OF RIGHT OR DISCRETION
transaction are the State and the accused.
Section 4. Bail, a matter of right; exception. — All
Unlike other bail bonds, the money may then persons in custody shall be admitted to bail as a
be used in the payment of that in which the matter of right, with sufficient sureties, or released
State is concerned, such as fines and costs, such on recognize as prescribed by law or this Rule (a)
that when the accused violates the conditions before or after conviction by the Metropolitan
of the bail bond it may be forfeited in favor of Trial Court, Municipal Trial Court, Municipal
the State. Trial Court in Cities, or Municipal Circuit Trial
Court, and (b) before conviction by the Regional
Section 14. Deposit of cash as bail. — The Trial Court of an offense not punishable by
accused or any person acting in his behalf death, reclusion perpetua, or life imprisonment.
may deposit in cash with the nearest (4a)
collector or internal revenue or
provincial, city, or municipal treasurer Section 5. Bail, when discretionary. — Upon
the amount of bail fixed by the court, or conviction by the Regional Trial Court of an
recommended by the prosecutor who offense not punishable by death, reclusion
investigated or filed the case. Upon perpetua, or life imprisonment, admission to bail
submission of a proper certificate of is discretionary. The application for bail may be
deposit and a written undertaking filed and acted upon by the trial court despite the
showing compliance with the filing of a notice of appeal, provided it has not
requirements of section 2 of this Rule, the transmitted the original record to the appellate court.
accused shall be discharged from custody. However, if the decision of the trial court
The money deposited shall be considered convicting the accused changed the nature of
as bail and applied to the payment of fine the offense from non-bailable to bailable, the
and costs while the excess, if any, shall be application for bail can only be filed with and
returned to the accused or to whoever resolved by the appellate court.
made the deposit. (14a)
Should the court grant the application, the accused
4) Recognizance (Rules of Court, Rule 114, may be allowed to continue on provisional liberty
Sec 1) – A simple personal obligation or during the pendency of the appeal under the same
bail subject to the consent of the bondsman.
undertaking entered into before a court and
having no money penalty attached. It has the If the penalty imposed by the trial court is
effect of transferring the custody of the imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be e) There is an undue risk that during the
cancelled upon a showing by the prosecution, pendency of the appeal, the accused may
with notice to the accused, of the following or commit another crime.
other similar circumstances:
Remedy of the accused for denied bail when it is a
(a) That he is a recidivist, quasi-recidivist, or matter of right
habitual delinquent, or has committed the crime 1) Certiorari (Rule 65)
aggravated by the circumstance of reiteration;
2) Mandamus
(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the Where to appeal bail?
conditions of his bail without valid justification; 1) When there is already a notice of appeal but the
entire record of the case has not yet been
(c) That he committed the offense while under transmitted to the appellate court – RTC
probation, parole, or conditional pardon; 2) When there is already a notice of appeal and
the entire record has already been transmitted
(d) That the circumstances of his case indicate the to appellate court – CA
probability of flight if released on bail; or 3) From non-bailable to bailable offense by virtue
of judgment or conviction - CA
(e) That there is undue risk that he may commit
another crime during the pendency of the appeal.
People v. Sandiganbayan
Even if the capital offense charged is bailable owing to
The appellate court may, motu proprio or on
motion of any party, review the resolution of the the weakness of the evidence of guilt, the right to bail
Regional Trial Court after notice to the adverse party may justifiably still be denied if the probability of
in either case. (5a) escape is great.
When is bail a matter of right? Valero v. CA

1) Before or after conviction by the Metropolitan The trial court disregarded the glaring fact that the
Trial Court, or first level courts, or while on evidence against her was strong because the killer
appeal. himself has confessed to the crime and implicated
2) Before conviction by a Regional Trial Court Milagros as the mastermind.
for offenses punishable by reclusion temporal or
less. Enrile v. Pimentel
3) Before conviction by a Regional trial court for Flight risk
death, life imprisonment or reclusion perpetua, Petitioner goes on to allege that unlike Jalosjos who
when the evidence of guilt is not strong. attempted to evade trial, he is not a flight risk since he
voluntarily surrendered to the proper authorities and
When is bail a matter of discretion? such can be proven by the numerous times he was
1) After conviction by the RTC, if the penalty allowed to travel outside his place of detention.
imposed is 6 years or lower
2) After conviction for an offense which is Subsequent events reveal the contrary, however. The
punishable with six (6) years and one (1) day assailed Orders augured well when on November 29,
to twenty (20) years, if the following 2007 petitioner went past security detail for some
circumstances are not present: reason and proceeded from the courtroom to a posh
a) The accused is a recidivist, quasi- hotel to issue certain statements.
recidivist or a habitual delinquent or has
committed the crime aggravated by the Moreover, circumstances indicating probability of
circumstance of reiteracion. flight find relevance as a factor in ascertaining the
b) The accused is found to have previously reasonable amount of bail and in canceling a
escaped from legal confinement, evaded discretionary grant of bail.
sentence or has violated the conditions of
his bail without valid justification. Evidence of guilt
c) The accused committed the offense while In cases involving non-bailable offenses, what is
on probation, parole or under conditional controlling is the determination of whether the
pardon. evidence of guilt is strong. Once it is established
d) The circumstance of the accused or his case that it is so, bail shall be denied as it is neither a
indicate the probability of flight, if released matter of right nor of discretion.
on bail.
Qui v. People
Under the present rule, the grant of bail is a matter 7) He committed the offense while under
of discretion upon conviction by the RTC of an probation, parole or conditional pardon
offense not punishable by death, reclusion 8) The circumstances of the case indicate the
perpetua or life imprisonment, as here. The Court probability of flight if released on bail
held: 9) There is undue risk that he may commit
another crime during the pendency of appeal.
Indeed, pursuant to the "tough on bail pending
appeal" policy, the presence of bail-negating Leviste v. CA
conditions mandates the denial or revocation of The discretionary nature of the grant of bail pending
bail pending appeal such that those circumstances appeal does not mean that the bail should be
are deemed to be as grave as conviction by the trial automatically granted absent of any of the
court for an offense punishable by death, reclusion circumstances mentioned in the third paragraph
perpetua or life imprisonment where bail is of Section 5.
prohibited.
People v. De Gracia
In the exercise of that discretion, the proper courts are Bail may be granted if the evidence of guilt is not strong
to be guided by the fundamental principle that the A person, even if he is charged with a crime punishable
allowance of bail pending appeal should be exercised by reclusion perpetua, may still be granted bail as a
not with laxity but with grave caution and only for matter of right when the evidence of guilt is not
strong reasons, considering that the accused has strong.
been in fact convicted by the trial court.
Necessarily, in all other instances, bail must be granted
When is bail not allowed? before the conviction of the accused. The right to bail
1) After final judgment by any court if the period flows from the presumption of innocence in favor
to appeal the conviction has already lapsed, of every accused who should not be subjected to
(within 15 days from the final judgment of the loss of freedom as thereafter, he would be
the court, and the accused did not appeal) entitled to acquittal unless his guilt is proved
2) Before conviction by RTC for offenses beyond reasonable doubt.
punishable by reclusion perpetua, death or life
imprisonment when evidence of guilt is Evident proof of guilt
strong. Proof evident or evident proof, in this connection, has
3) After conviction for offenses punishable by been held to make clear strong evidence which
reclusion perpetua, death or life imprisonment leads a well-guarded dispassionate judge to the
(capital offenses) conclusion that the offense has been committed as
Section 6. Capital offense defined. — A capital charge that the accused is the guilty agent and that
offense is an offense which, under the law he will probably be punished capitally if the law is
existing at the time of its commission and of administered.
the application for admission to bail, may be
punished with death. (6a) Enrile v. People
Issue: Whether or not the denial of Enrile’s motion to
Section 7. Capital offense of an offense punishable fix bail is tainted with grave abuse of discretion
by reclusion perpetua or life imprisonment, not
bailable. — No person charged with a capital Ruling:
offense, or an offense punishable by reclusion
Presumption of innocence and right to bail
perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is The presumption of innocence is rooted in the
strong, regardless of the stage of the criminal guarantee of due process and is safeguarded by the
prosecution. (7a) constitutional right to be released on bail and further
binds the court to wait until after the trial to impose
4) After conviction for an offense punishable any punishment on the accused.
with 6 years and 1 day to 20 years if the
circumstances that mentioned earlier is Discretion of trial court
present. The general rule is any person, before being convicted
5) He is a recidivist, quasi-recidivist or of any criminal offense, shall be bailable unless he is
habitual delinquent or has committed a charged with a capital offense or with an offense
crime aggravated by reiteracion. punishable with reclusion perpetua or life imprisonment
6) He has escaped from confinement, evaded and evidence of guilt is strong. Once it is established
sentence or violated the conditions of his that the evidence of guilt is strong, no right to bail shall
bail without valid justification be recognized. The determination of whether or not
evidence of guilt is strong in criminal cases
involving capital offenses or offenses punishable People v. Valdez

with reclusion perpetua or life imprisonment lies In this case, the crime is complex crime of malversation
with the discretion of the trial court. of public funds through falsification of official or
public documents. This case is punishable by reclusion
Bail hearing temporal in its maximum period to reclusion perpetua.
The hearing is mandatory before bail can be granted to Since it is a complex crime, the Ombudsman argues
an accused who is charged with a capital offense. that it is the maximum of the prescribed penalty which
Further, certain guidelines in the fixing of a bail bond is reclusion perpetua should be considered and therefore
call for the presentation of evidence and reasonable bail is not a matter of right.
opportunity for the prosecution to refute it. Among
them are the nature and circumstances of the crime, But the Supreme Court said that since we have not yet
character and reputation of the accused, the weight of gone into the trial on the merits of the case, we should
the evidence against him, the probability of the accused not yet venture into the imposable penalty of the
appearing at the trial whether or not the accused is a particular complex crime. Since the prescribed
fugitive from justice and whether or not the accused is penalty here is a minimum of reclusion temporal
under bond and in any other cases. To determine the in its maximum period to reclusion perpetua, this
evidence there must be a hearing conducted by the is not the case which is punishable by reclusion
court which may either be a summary hearing, or perpetua only.
it may be a full-blown hearing in the discretion of
the court. Therefore, since the interpretation that is more
favorable to the accused is this one is a case where bail
Bail applications are tried in the RTC
is a matter of right, then the Supreme Court, for the
In resolving bail applications of the accused who is
purposes of bail application, an accused charge with
charged with the capital offence or an offence
the complex crime of malversation of public
punishable by reclusion perpetua or life imprisonment, the
documents through falsification of official or public
trial judge is expected to comply with the following
documents that involve that amount in excess of
guidelines:
22,000 is entitled to file bail as a matter of right. A
summary hearing on bail application is therefore
1) In all cases, whether bail is a matter of right or
unnecessary since bail should be granted as a
of discretion, notify the prosecutor of the
matter of right.
hearing of the application for bail or require
him to submit his recommendation.
People v. Piad
2) Where bail is a matter of discretion, conduct a
The Supreme Court held that an accused which
hearing of the application for bail regardless
jumps bail cannot be granted bail after conviction
of whether or not the prosecution refuses to
even if he appeals the conviction because under
present evidence to show that the guilt of the
Section 5(b) of Rule 114 on the matter of bail, bail
accused is strong for the purpose of enabling
cannot be granted to a person who has previously
the court to exercise it sound discretion.
escaped from legal confinement, evaded sentence
3) Decide whether the guilt of the accused is
or violated the conditions of his bail without valid
strong based on the summary of evidence
justification.
of the prosecution.
4) The guilt of the accused is not strong, discharge
People v. Escobar
accused upon the approval of the bail bond
The Supreme Court said that the concept of or
otherwise, petition should be denied.
principle or doctrine of res judicata or matter or
judge is not applicable to bail proceedings. Res
The Court cited Enrile’s poor health and the presence
judicata is a civil law concept and is not applicable to
of the averment by Enrile and his motion to fix a bail
criminal cases. Res judicata settles with finality the
of the presence of two mitigating circumstances: 1) that
dispute between the parties or their successors-in-
he is already over 70 years and 2.) that he voluntarily
interest in civil cases and this principle in civil law has
surrendered.
no bearing in criminal proceedings.
The Supreme Court then said that in their view, the
social and political standing of Enrile and his having
immediately surrendered to the authorities upon being Is bail applicable to all court proceedings?
charged in Court indicate that the risk of his flight or GR: Bail is only available in criminal proceedings
escape from his jurisdiction is highly unlikely. His
personal disposition from the onset of his indictment Bail is not available in the following instances
for plunder formal or otherwise has demonstrated his 1) Deportation or extradition proceedings
utter respect for the legal processes of the Philippines.  Extradition proceedings are not
criminal in nature
 It is a public international law concept In extradition proceedings, prospective extraditees are

2) When there is already waiver of the right generally not entitled to notice and hearing before
3) The right to bail is traditionally not recognized warrants for their arrest can be issued. Neither are
and is not available in the military, as an they entitled to the right to bail and provisional
exception to the general rule embodied in the liberty while the extradition proceedings are
Bill of Rights. pending.
XPN: the military is involved in a criminal
The policy is that a prospective extraditee is arrested
action
and detained, to avoid his flight from justice. On the
 The right to a speedy trial is given
extraditee lies the burden of showing that he will not
more emphasis in a military setting but
flee once bail is granted.
the right to bail does not exist.
 Military personnel are a class on their The extradition court is that called upon to ascertain
own, they are not the same as civilians the guilt or the innocence of the person sought to be
extradited. The ultimate purpose of extradition
Comendador v. De Villa proceedings in court is only to determine whether
Right to bail of military personnel the extradition request complies with the
The right to bail shall not be granted to military extradition treaty applicable, and whether the
personnel charge before the military courts for person sought is extraditable.
violations of the articles of the military. They do not
enjoy the right to bail due to the nature of the charges Exception
against them. If they will be charged in the ordinary Accordingly and to best serve the ends of justice, we
courts however for ordinary crimes or offenses, then, believe and so hold that, after a potential extraditee has
the right to bail is available to them. been arrested or placed under the custody of the law,
bail may be applied for and granted as an exception,
Aswat v. Galido only upon a clear and convincing showing (1) that,
Right to bail of military personnel once granted bail, the applicant will not be a flight
When a person, which is part of the military is subject risk or a danger to the community; and (2) that
to military law under the articles of war (Article 70) there exist special, humanitarian and compelling
“Any person subject to military law charged with a circumstances including, as a matter of
crime or with serious offense under this article, shall be reciprocity, those cited by the highest court in the
placed in confinement or in arrest as circumstances requesting state when it grants provisional liberty in
may require.” The confinement of military personnel extradition cases therein.
in cases under the general court martial, is one way of
ensuring the presence during the sessions of the xxx First, we note that the exercise of the State’s power
general court martial. The more important reason to deprive an individual of his liberty is not necessarily
underlying the authority to impose confinement, is the limited to criminal proceedings. Respondents in
need to enable the proper military authority to administrative proceedings, such as deportation
instill discipline, with a command and thereby and quarantine, have likewise been detained.
achieve command efficiency. By confining the Second, to limit bail to criminal proceedings would
military personnel, the military may effectively curtail be to close our eyes to our jurisprudential history.
the spreading within the ranks of the military the un-
military conduct of the military personnel charged Government of Hong Kong Special
under the general court martial. The release from Administrative Region v. Olalia Jr.
confinement of a person subject to military law facing In a subsequent ruling in the case of Government of Hong
charges before a general court martial is a matter that Kong Special Administrative Region vs. Olalia Jr. somehow
lies largely in the discretion of the military abandoned the ruling in the case of Purganan. The
authorities who are in a better position to Supreme Court ruled that following the trends in
appreciate the gravity of the said charges and the international law;
advisability of releasing him pending trial and 1) The growing importance of the individual
disposition of the case filed against him. person in public international law, who, in
the 20th century has gradually attained global
The Government of the United States of recognition.
America v. Purganan
2) The higher value now being given to
Extradition proceedings
human rights in the international sphere.
The Supreme Court held that the constitutional 3) The corresponding duty of the countries to
provision on bail does not apply to extradition observe this universal human rights in
proceedings. It is available only in criminal fulfilling their treaty obligation. And;
proceedings. 4) The duty of the Supreme Court to balance the
rights of the individual under our
fundamental law on one hand, in the law on

extradition on the other. What amount is a reasonable bail rest mainly upon the
discretion of the judge. He has to take into account the
Extradition proceeding being sui generis following in deciding the matter:
The standard of proof required in granting or denying
bail can neither be the proof beyond reasonable GUIDELINES FOR AMOUNT OF BAIL
doubt in criminal cases nor the standard of proof Section 9. Amount of bail; guidelines. — The judge
of preponderance of evidence in civil cases. While who issued the warrant or granted the application
administrative in character, the standard of substantial shall fix a reasonable amount of bail considering
evidence used in administrative cases cannot primarily, but not limited to, the following factors:
likewise apply given the object of extradition law
which is to prevent the prospective extraditee from (a) Financial ability of the accused to give bail;
fleeing our jurisdiction. In his Separate Opinion in (b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
Purganan, then Associate Justice, now Chief Justice
(d) Character and reputation of the accused;
Reynato S. Puno, proposed that a new standard which (e) Age and health of the accused;
he termed "clear and convincing evidence" should (f) Weight of the evidence against the accused;
be used in granting bail in extradition cases. According (g) Probability of the accused appearing at the
to him, this standard should be lower than proof trial;
beyond reasonable doubt but higher than (h) Forfeiture of other bail;
preponderance of evidence. The potential extraditee (i) The fact that accused was a fugitive from justice
must prove by "clear and convincing evidence" that when arrested; and
he is not a flight risk and will abide with all the (j) Pendency of other cases where the accused is
orders and processes of the extradition court. on bail.
Bail hearings are mandatory Excessive bail shall not be required. (9a)
Bail hearing is necessary even if the prosecution does
not interpose any objection or leaves the application Lardizabal v. Reyes
for bail to the sound discretion of the court. A hearing When an accused is charged with a serious offense
is required in order for the court to ascertain the punishable with reclusion perpetua, such as rape, bail
adequacy of the amount of bail under the guidelines set may be granted only after a motion for that purpose
forth in section 9 rule 114 of the rules of criminal has been filed by the accused in a hearing thereon
procedure. conducted by the judge to determine whether the
prosecution's evidence guilt is strong.
Further, failure to conduct a hearing when
required before fixing bail will violate due process WAIVER
and disregard of the established rule of law by People v. Panes
depriving the prosecution of the opportunity to Such negligence, in not calling out that the court has
prove that the evidence of guilt against the not yet acted upon, is already a waiver of the right
accused is strong and will constitute gross of the accused to ask for bail. Failure to bring to the
ignorance of the law or incompetence which will attention of the trial court at the earliest opportune
subject the judge to disciplinary action. Ignorance time that the court has not resolved the application for
of this type, cannot be excused by a claim of good faith a bail is already a waiver of their right to bail.
or excusable negligence. Thus, it is still mandatory for
the court to conduct a hearing and ask searching and
clarificatory questions for the purpose of determining OTHER CONCEPTS
the existence of strong evidence against the accused 1) When a person has been in custody, or has
although the prosecution interposed no objection to been detained for a period, equal to or more
the grant of bail or refuse to adduce evidence that the than the possible maximum imprisonment, he
guilt of the accused was strong. shall be released immediately even without
bail.
AS A MATTER OF DISCRETION – Hearing is  What he can file is a petition for
mandatory habeas corpus to question by what
AS A MATTER OF RIGHT – Not mandatory, authority is he held, or why he's still in
essential only in determining the amount of bail. detention when he has already served
the maximum possible penalty for the
PROHIBITION AGAINST EXCESSIVE BAIL crime charged against him.
The Constitution ordains that excessive bail shall not 2) When an accused is already convicted and
be required, and this is a restriction on both serving sentence, and he’s already qualified to
1) the courts and avail of probation, can actually be released
2) the Congress on recognizance
despite due notice, shall be deemed a

CONDITIONS waiver of his rights to be present
Section 2. Conditions of the bail; requirements. — All thereat in such a case the trial may
kinds of bail are subject to the following conditions: proceed in absentia
3) Promulgation of the sentence
(a) The undertaking shall be effective upon XPN: if it is for a light offense in which case
approval, and unless cancelled, shall remain in force the accused may appear by counsel or
at all stages of the case until promulgation of the representative.
judgment of the Regional Trial Court, irrespective
of whether the case was originally filed in or
Section 2d
appealed to it;
(b) The accused shall appear before the proper The bondsman shall render the accused to the Court
court whenever required by the court of these for the execution of the final judgement.
Rules;
(c) The failure of the accused to appear at the trial POWER OF BONDSMAN
without justification and despite due notice shall Section 23. Arrest of accused out on bail. — For the
be deemed a waiver of his right to be present purpose of surrendering the accused, the
thereat. In such case, the trial may proceed in bondsmen may arrest him or, upon written
absentia; and authority endorsed on a certified copy of the
(d) The bondsman shall surrender the accused to undertaking, cause him to be arrested by a police
the court for execution of the final judgment. officer or any other person of suitable age and
discretion.
The original papers shall state the full name and
address of the accused, the amount of the An accused released on bail may be re-arrested
undertaking and the conditions herein required. without the necessity of a warrant if he attempts to
Photographs (passport size) taken within the depart from the Philippines without permission of
last six (6) months showing the face, left and the court where the case is pending. (23a)
right profiles of the accused must be attached to the
bail. (2a) 1) The bondsmen may arrest the accused himself
2) Upon written authority endorsed on a certified
Section 2a copy of the undertaking, cause him to be
Contemplates two (2) situations: arrested by a police officer or any other person
1) First, the case was originally filed with the first of suitable age and discretion
level Court (Municipal Trial Court, Municipal  The right may also be availed when the
Circuit Trial Court, etc.) but brought on accused does not appear when the court
appeal in the Regional Trial Court in which renders him to appear
case the bail remains effective even during the
pendency of the appeal with the latter Court Bail with respect to other constitutional rights
until the promulgation of its judgement. 1) The Constitutional right to travel of a person
2) Second, the case is already filed with the RTC accused of a crime and is undergoing criminal
in which case the bail remains effective until prosecution is limited by the bail that he is on
the promulgation of judgement in the RTC 2) The right of the accused to liberty of abode is
 There is a 15-day period to appeal also limited
after the judgment. During that 15-day
period, the bail bond of the accused RELEASE OR TRANSFER
previously posted can still be used but Section 3. No release or transfer except on court order or
it will not be effective for the entire bail. — No person under detention by legal process
period of appeal. shall be released or transferred except upon order of
the court or when he is admitted to bail. (3a)
Section 2b
Instances under the rules wherein the presence of the Any transfer to any other detention facility should be
accused is required: by order of the court. Also, any order of release
1) At the arraignment or plea whether of should be by virtue of a court.
innocence or of guilt.
2) During trial whenever necessary for the BURDEN OF PROOF
identification of the accused Section 8. Burden of proof in bail application. — At the
XPN: When there is already identification of hearing of an application for bail filed by a person
the accused who is in custody for the commission of an offense
 Section 2c punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of
 the failure of the accused to appear at
showing that evidence of guilt is strong. The
the trial without justification and evidence presented during the bail hearing shall be
considered automatically reproduced at the trial, AFTER 30 DAYS OF

but upon motion of either party, the court may recall PREVENTIVE
any witness for additional examination unless the IMPRISONMENT
latter is dead, outside the Philippines, or otherwise  A person in custody for a period
unable to testify. (8a) equal to or more than the
minimum of the principal penalty
HEARING prescribed for the offense charged,
 GR: Evidence that has been presented during without application of the
bail hearing shall be considered automatically Indeterminate Sentence Law or any
reproduced at the trial modifying circumstance –
 XPN: Possible recall of witnesses for RELEASED ON A REDUCED
additional examination BAIL OR RECOGNIZANCE
 XPN of XPN: The witness is dead, outside 2) Violation of municipal or city ordinance, a light
the Philippines or otherwise unable to testify. felony or criminal offense that prescribe
penalty which is higher than six (6) months
There is no necessity to determine whether the imprisonment and/or a fine of 2000 pesos, or
guilt of the accused is strong or not when: both, where said person has established to the
1) The prosecution chooses to just file a satisfaction of the Court or any other
comment; appropriate authority hearing his case that he is
2) Leave the application for bail to the discretion unable to post required cash or bail bond,
of the court; except when:
3) If the prosecution refuses to adduce evidence a) When he was caught committing the
in opposition to the application to grant and fix offense in flagrante delicto;
bail; b) When he confesses to the commission
4) The prosecution posts no objection to the of the offense unless the confession is
grant of bail to the accused. later repudiated by him in a sworn
statement, or in open Court as having
REQUIREMENT OF BAIL been extracted through force or
Section 16. Bail, when not required; reduced bail or intimidation;
recognizance. — No bail shall be required when the law c) When he is found to be previously
or these Rules so provide. escaped from legal confinement,
evaded sentence, or jump bail;
When a person has been in custody for a period
d) When he is found to have previously
equal to or more than the possible maximum
imprisonment prescribe for the offense charged, violated the provisions of Section 2
he shall be released immediately, without Republic Act 6036, otherwise known
prejudice to the continuation of the trial or the as An Act Providing that Bail shall not,
proceedings on appeal. If the maximum penalty to with certain exceptions, be required in
which the accused may be sentenced is destierro, he cases of Violations of Municipal or
shall be released after thirty (30) days of City Ordinances, and in Criminal
preventive imprisonment. Offenses when the Prescribed Penalty
for such Offenses is not higher than
A person in custody for a period equal to or more Arresto Mayor and/or a fine of 2000
than the minimum of the principal penalty pesos, or both;
prescribed for the offense charged, without e) Habitual delinquency, recidivism,
application of the Indeterminate Sentence Law
reiteracion
or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at f) When he commits the offenses while
the discretion of the court. (16a) on parole or under conditional pardon
and when the accused has previously
Q: When is bail not required? been re-pardoned by the municipal or
A: city mayor for violation of municipal
1) GR: When a person has been in custody for a or city ordinances for at least two (2)
period equal to or more than the possible times.
maximum imprisonment prescribe for the 3) Criminal Cases falling under the Revised Rule
offense charged – RELEASED on Summary Procedure:
IMMEDIATELY  Violation of Traffic Laws, Rules, and
XPN: Regulations
 If the maximum penalty to which  Violation of Rental Law
the accused may be sentenced is  Violations of Municipal or City
destierro, he shall be released Ordinances
 Violation of Batas Pambansa Bilang 22; whether on preliminary

the bouncing checks law investigation, trial, or on appeal
 And all other criminal cases where the 4) Any person in custody who is not yet
penalty prescribed by law for the charged in court may apply for bail
offense charged is imprisonment not with any court where he is held
exceeding six (6) months or a fine not 5) The application for bail may be filed
exceeding 1000 pesos, or both; and acted upon by the trial Court even
provided that in offenses involved be if the notice of an appeal has already
damage to property, to criminal been filed provided that the Trial Court
negligence, this Rule shall govern has not yet transmitted the original
where the imposable fine does not record of the Appellate Court under
exceed 10,000 pesos. Section 5 of Rule 114.
XPN: When the accused failed to 6) Corollarily, if the original record has
appear when required, the bail bond becomes already been transmitted to the
required Appellate Court, then the application
4) In cases not requiring preliminary investigation shall be filed with the said Appellate
nor covered by the Revised Rule on Summary Court.
Procedure where the municipal trial judge
satisfied that there is no necessity for placing NOTICE OF APPLICATION TO PROSECUTOR
the accused under custody. In which case, Section 18. Notice of application to prosecutor. — In the
the judge may issue summons instead of application for bail under section 8 of this Rule, the
warrant of arrest court must give reasonable notice of the hearing
to the prosecutor or require him to submit his
RULES ON WHERE TO APPLY recommendation. (18a)
Section 17. Bail, where filed. — (a) Bail in the amount
fixed may be filed with the court where the case RELEASE
is pending, or in the absence or unavailability of Section 19. Release on bail. — The accused must be
the judge thereof, with any regional trial judge, discharged upon approval of the bail by the judge
metropolitan trial judge, municipal trial judge, with whom it was filed in accordance with section 17
or municipal circuit trial judge in the province, of this Rule.
city, or municipality. If the accused is arrested in
a province, city, or municipality other than Whenever bail is filed with a court other than where
where the case is pending, bail may also be filed the case is pending, the judge who accepted the
with any regional trial court of said place, or if no bail shall forward it, together with the order of
judge thereof is available, with any metropolitan release and other supporting papers, to the court
trial judge, municipal trial judge, or municipal where the case is pending, which may, for good
circuit trial judge therein. reason, require a different one to be filed. (19a)
(b) Where the grant of bail is a matter of discretion, INCREASE OR DECREASE

or the accused seeks to be released on Section 20. Increase or reduction of bail. — After the
recognizance, the application may only be filed in accused is admitted to bail, the court may, upon
the court where the case is pending, whether on good cause, either increase or reduce its
preliminary investigation, trial, or on appeal. amount. When increased, the accused may be
committed to custody if he does not give bail in the
(c) Any person in custody who is not yet charged increased amount within a reasonable period. An
in court may apply for bail with any court in the accused held to answer a criminal charge, who is
province, city, or municipality where he is held. (17a) released without bail upon filing of the complaint or
information, may, at any subsequent stage of the
Rules on where to apply bail proceedings and whenever a strong showing of guilt
1) When judge is present, filed with the appears to the court, be required to give bail in the
court where the case is pending amount fixed, or in lieu thereof, committed to
2) In the absence or unavailability of the custody. (20a)
judge thereof, with any regional trial
judge, metropolitan trial judge, FORFEITURE
municipal trial judge, or municipal Section 21. Forfeiture of bond. — When the presence
circuit trial judge in the province, of the accused is required by the court or these
Rules, his bondsmen shall be notified to produce
city, or municipality.
him before the court on a given date and time.
3) If bail is a matter of discretion - If the accused fails to appear in person as required,
application may only be filed in the his bail shall be declared forfeited and the
court where the case is pending, bondsmen given thirty (30) days within which to
produce their principal and to show cause why no
judgment should be rendered against them for the An accused released on bail may be re-arrested
amount of their bail. Within the said period, the without the necessity of a warrant if he attempts to
bondsmen must: depart from the Philippines without permission of
the court where the case is pending. (23a)
(a) produce the body of their principal or give the
reason for his non-production; and NO BAIL AFTER FINAL JUDGMENT
Section 24. No bail after final judgment; exception. — No
(b) explain why the accused did not appear before bail shall be allowed after the judgment of conviction
the court when first required to do so. has become final. If before such finality, the accused
has applies for probation, he may be allowed
Failing in these two requisites, a judgment shall be temporary liberty under his bail. When no bail
rendered against the bondsmen, jointly and was filed or the accused is incapable of filing
severally, for the amount of the bail. The court shall one, the court may allow his release on
not reduce or otherwise mitigate the liability of the recognizance to the custody of a responsible
bondsmen, unless the accused has been surrendered member of the community. In no case shall bail
or is acquitted. (21a) be allowed after the accused has commenced to
serve sentence. (24a)
When the accused fails to appear:
1) The bond may be forfeited COURT SUPERVISION OF DETAINEES
 Provisional judgment subject to the Section 25. Court supervision of detainees. — The court
bondsmen to produce the body of the shall exercise supervision over all persons in custody
accused, explain satisfactorily why he for the purpose of eliminating unnecessary
cannot produce the accused detention. The executive judges of the Regional Trial
 If the bondsman successfully produced Courts shall conduct monthly personal inspections
the body of the accused, he is absolved of provincial, city, and municipal jails and their
from liability prisoners within their respective jurisdictions. They
2) The judge may order a bench warrant shall ascertain the number of detainees, inquire on
their proper accommodation and health and
examine the condition of the jail facilities. They shall
Relief from liability of the surety order the segregation of sexes and of minors from
1) Act of God adults, ensure the observance of the right of
2) Act of obligee or government detainees to confer privately with counsel, and strive
3) Act of law to eliminate conditions inimical to the detainees.
CANCELLATION In cities and municipalities to be specified by the

Section 22. Cancellation of bail. — Upon application Supreme Court, the municipal trial judges or
of the bondsmen, with due notice to the municipal circuit trial judges shall conduct monthly
prosecutor, the bail may be cancelled upon personal inspections of the municipal jails in their
surrender of the accused or proof of his death. respective municipalities and submit a report to the
executive judge of the Regional Trial Court having
The bail shall be deemed automatically cancelled jurisdiction therein.
upon acquittal of the accused, dismissal of the
case, or execution of the judgment of A monthly report of such visitation shall be
conviction. submitted by the executive judges to the Court
Administrator which shall state the total number of
In all instances, the cancellation shall be without detainees, the names of those held for more than
prejudice to any liability on the bond. (22a) thirty (30) days, the duration of detention, the crime
 Incumbent on the bondsmen to petition the charged, the status of the case, the cause for
court for the cancellation detention, and other pertinent information. (25a)
 If deemed automatically cancelled, no
petition is required (in cases of acquittal, BAIL NOT A BAR
dismissal, execution of judgment) Section 26. Bail not a bar to objections on illegal arrest,
lack of or irregular preliminary investigation. — An
RE-ARREST application for or admission to bail shall not bar the
accused from challenging the validity of his arrest
Section 23. Arrest of accused out on bail. — For the or the legality of the warrant issued therefor, or
purpose of surrendering the accused, the from assailing the regularity or questioning the
bondsmen may arrest him or, upon written absence of a preliminary investigation of the
authority endorsed on a certified copy of the charge against him, provided that he raises them
undertaking, cause him to be arrested by a before entering his plea. The court shall resolve the
police officer or any other person of suitable age matter as early as practicable but not later than the
and discretion. start of the trial of the case. (n)
 These must be raised before he enters (g) To have compulsory process issued to secure
his pleas the attendance of witnesses and production of
 Not deemed a waiver other evidence in his behalf.
(h) To have speedy, impartial and public trial.
RIGHTS OF THE ACCUSED (i) To appeal in all cases allowed and in the manner
prescribed by law. (1a)
SECTION 14. (1) No person shall be held to
answer for a criminal offense without due process of
law. RIGHT TO PRESUMPTION OF INNOCENCE
Presumption of innocence - a rule of substantive law
(2) In all criminal prosecutions, the accused shall be and is a legal inference growing out of the fact that
presumed innocent until the contrary is proved, and persons generally are not criminal. The right to bail is
shall enjoy the right to be heard by himself and one that emanates from this right of the accused to be
counsel, to be informed of the nature and cause of presumed innocent. The presumption of innocence of
the accusation against him, to have a speedy, the accused is a very high presumption.
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure 1) The right of presumption of innocence is
the attendance of witnesses and the production of founded upon the first principle of justice and
evidence in his behalf. However, after arraignment, is not a mere form but a substantial part of
trial may proceed notwithstanding the absence of the
the law.
accused provided that he has been duly notified and
his failure to appear is unjustifiable. 2) Does not mean such a degree of proof as
excluding possibility of error produces
RULE 115 absolute certainty; moral certainty only is
SECTION 1. Rights of accused at the trial. —In all required or that degree of proof which
criminal prosecutions, the accused shall be entitled produces conviction in an unprejudiced mind.
to the following rights: 3) The presumption of innocence is a guarantee
against false conviction of the accused.
(a) To be presumed innocent until the contrary is  no person accused should be convicted
proved beyond reasonable doubt. except upon the confession or unless
(b) To be informed of the nature and cause of the his guilt is established by the stringent
accusation against him. quantum of evidence, which is Guilt
(c) To be present and defend in person and by Beyond Reasonable Doubt
counsel at every stage of the proceedings, from  Equipoise rule - if the inculpatory
arraignment to promulgation of the judgment. The
facts and circumstances are capable of
accused may, however, waive his presence at the trial
two or more explanations, one of
pursuant to the stipulations set forth in his tail,
unless his presence is specifically ordered by the which is consistent with the innocence
court for purposes of identification. The absence of of the accused of the crime charged
the accused without justifiable cause at the trial of and the other consistent with his guilt,
which he had notice shall be considered a waiver of then the evidence does not hurdle or
his right to be present thereat. When an accused failed the test of moral certainty
under custody escapes, he shall be deemed to have required to support a conviction.
waived his right to be present on all subsequent trial  The presumption of regularity of the
dates until custody over him is regained. Upon performance of official duty alone
motion, the accused may be allowed to defend cannot by itself prevail over the
himself in person when it sufficiently appears to the constitutional presumption of
court that he can properly protect his rights without
innocence enjoyed by an accused
the assistance of counsel.
person since it can only be overcome
(d) To testify as a witness in his own behalf but
subject to cross-examination on matters covered by proof of guilt beyond reasonable
by direct examination. His silence shall not in any doubt.
manner prejudice him. 4) There is no constitutional objection to the
(e) To be exempt from being compelled to be a passage of a law providing even in criminal
witness against himself. prosecution that the presumption of
(f) To confront and cross-examine the witnesses innocence may be overcome by a contrary
against him at the trial. Either party may utilize as presumption founded upon the experience of
part of its evidence the testimony of a witness who human conduct that when certain facts have
is deceased, out of or can not with due diligence be been proven they shall be prima facie
found in the Philippines, unavailable, or otherwise evidence of the existence of the main fact
unable to testify, given in another case or in question.
proceeding, judicial or administrative, involving the
5) The conviction of an accused must rest on the
same parties and subject matter, the adverse party
having the opportunity to cross-examine him. strength of the prosecution's evidence and not
on the weakness of the defense of the accused.
with which he is charged before he is put on trial, and

Leviste v. CA to convict him of an offense higher than that
However, after conviction by the trial court, the charged in the complaint or information on which
presumption of innocence terminates and he is tried would be an unauthorized denial of that
accordingly the constitutional right to bail ends. right.
RIGHT TO BE INFORMED OF THE The crime of theft in its consummated stage

ACCUSATION AGAINST HIM undoubtedly includes the crime in its attempted stage.
This Constitutional right is implemented by the In this case, although the evidence presented during
arraignment of the accused. the trial prove the crime of consummated Theft, he
could be convicted of attempted theft only. Regardless
Arraignment - is the proceeding in court where the of the overwhelming evidence to convict him for
information is read to the accused in a language or consummated theft, because the information did
dialect known to him, and the court asks him not charge him with consummated theft, the
whether he pleads guilty or not guilty to the Court cannot do so as the same would violate his
charge. The arraignment is made in an open court by right to be informed of the nature and cause of the
the judge or the clerk and consists in furnishing the allegations against him.
accused with a copy of the information and reading it
to him in a language or dialect known to him and In the case of Domingo v. Rayala, it was written: What is
asking him whether he pleads guilty or not. controlling is not the title of the complaint, nor the
designation of the offense charged or the
Purpose of arraignment particular law or part thereof allegedly violated,
1) The accused will be able to prepare for his these being mere conclusions of law made by the
defense prosecutor, but the description of the crime
2) The accused is informed of the nature of the charged and the particular facts therein recited.
charges against him; The acts or omissions complained of must be alleged
3) The accused will know the evidence to in such form as is sufficient to enable a person of
present to overcome the charges; and common understanding to know what offense is
4) All the other procedures are made intended to be charged, and enable the court to
dependent upon the arraignment of the pronounce proper judgment. No information for a
accused. crime will be sufficient if it does not accurately and
clearly allege the elements of the crime charged. Every
Relief for failure to state all the elements of the element of the offense must be stated in the
crime charged information. What facts and circumstances are
1) Motion to quash the information for failure necessary to be included therein must be determined
to charge an offense, without prejudice to by reference to the definitions and essentials of the
refiling specified crimes. The requirement of alleging the
elements of a crime in the information is to inform the
US v. Karelsen accused of the nature of the accusation against him so
What are the objects of the written accusation, or as to enable him to suitably prepare his defense.
the information or the complaint against the
accused? SUMMARY:
1) To furnished the accused with such a GR: The offense is what was alleged in the
description of the charge against him as will information or complaint and the accused cannot be
enable him to make his defense; prosecuted for any other offense
2) To avail himself of his conviction or acquittal XPN: Unless it is charged in the complaint or
for protection against a further prosecution for information on which he is tried, or necessarily
included therein
the same cause;
3) To inform the court of the facts alleged so that
People v. Bartolini
it may decide whether they are sufficient in law
The increase of the penalty or a shift to a graver felony
to support a conviction if one should be had.
underscores the exacerbation of the offense by the
attendance of aggravating circumstances, whether
Canceran v. People
ordinary or qualifying, in its commission. But unlike
It matters not how conclusive and convincing the
the criminal liability which is basically the State’s
evidence of guilt may be, an accused cannot be
concern, the award of damages is in general intended
convicted in the courts of any offense, unless it is
for the offended party who suffers thereby. Hence,
charged in the complaint or information on which
although it is essential to observe the
he is tried, or necessarily included therein. He has
requirements imposed by Sections 841 and 942 of
a right to be informed as to the nature of the offense
Rule 110 of the Revised Rules of Criminal
Procedure, as amended, the requirements should hydrochloride. In other words, his right to be
affect only the criminal liability of the accused, informed of the charges against him has not been
which is the State’s concern, and should not affect violated because where an accused is charged with
the civil liability of the accused, which is for the a specific crime, he is duly informed not only of
benefit of the injured party. Where the special such specific crime but also of lesser crimes or
qualifying circumstances of age and relationship, offenses included therein.
although not alleged in the information, are
nonetheless established during the trial, the award RIGHT TO BE HEARD
of civil indemnity and moral damages in a Importance
conviction for simple rape should equal the award 1) A layman is not versed on the technicalities of
of civil indemnity and moral damages in trial
convictions for qualified rape. 2) It is a safeguard against wrongful conviction of
the innocent
Labay v. Sandiganbayan
After a judicious review of the records of the case, the While the right of the accused to be represented by
Court finds that petitioner's constitutional right to counsel is immutable, his option to secure the
due process was violated when he was not services of a counsel de parte or a counsel of his own
furnished a copy of the complaint affidavit and its choice is not absolute.
attachments during the preliminary investigation.
RIGHT TO TESTIFY AS WITNESS ON HIS OWN
It is clear from the foregoing that an accused in a BEHALF
criminal case has the right to be informed of the  Subject to cross examination based on the
charges against him, to submit a counter affidavit, and contents of his direct examination
to have access to and examine all other evidence
submitted by the complainant. As witness of his own Ordinary witness
Accused cannot be asked Diverse party can
While the Ombudsman was correct in resolving the questions, which will actually elicit these
complaint based on the evidence presented in elicit facts bearing upon important facts in the
accordance with Paragraph (e), Section 4 of the the issue, if they were cross examination, as
not covered by his long as the questions
Ombudsman Rules of Procedure, the situation,
direct examination has relevance to the
however, effectively changed when petitioner made issues of the case
himself available to the Ombudsman when he
requested access to the case records. The Ombudsman People v. Laranaga
had a clear opportunity to furnish petitioner with A request of either one month or three weeks to look
copies of the complaint affidavit and its supporting for a new counsel is an unreasonable time to book your
documents. Instead, it merely decided to furnish counsel de parte. The has the option to appoint a
petitioner with a copy of its May 10, 2016 Resolution. counsel the officio which will represent the accused in
the proceedings before the court. Furthermore, the
In fact, the violation of petitioner's constitutional right accused himself upon motion may actually be
to due process is made even more evident when the allowed to defend himself in person when it
Ombudsman unceremoniously denied his request to sufficiently appears to the court that he can
be furnished copies of the complaint affidavit and its properly protect his rights without the assistance
supporting documents in the first omnibus motion that of counsel.
he filed, and reiterated in his second omnibus motion.
In both orders denying the two omnibus motions, the ASSISTANCE TO COUNSEL
Ombudsman seemingly ignored petitioner's requests This right of adequate legal assistance is part of the
and effectively denied petitioner of his right to secure right to free access to the courts and quasi-judicial
copies of the complaint affidavit. This should not be bodies. The access to justice by all especially by the
tolerated. poor is deemed an essential part of a democracy
and the rule of law.
People v. Noque
The only difference between ephedrine and Before arraignment, the court shall inform the accused
methamphetamine is the presence of a single atom of of his right to counsel and ask him if he desires to have
oxygen in the former. The removal of the oxygen in one. Unless the accused is allowed to defend himself in
the ephedrine will produce methamphetamine. With person or has employed a counsel of his choice, the
ephedrine containing 50% of methamphetamine court must assign a counsel de officio to defend him.
hydrochloride, if the oxygen content in the former is
removed then nearly half of the amount of the seized Appointment of counsel de officio
ephedrine contains 340 grams is methamphetamine
In localities where such members of the bar  Protects one whether he is a party or a witness,
are not available, the court may appoint any person, a citizen or an alien
resident of the province and of good repute for probity  May be availed against testimonial compulsion,
and ability, to defend the accused. and invoked at the proper time
 Forced reenactments (People v. Orbis)
People v. Hidalgo  Obtaining handwriting in determining whether
When a defendant appears without an attorney, the or not it was he who wrote certain documents
court must: supposed to be falsified (Beltran v. Samson)
1) Inform the defendant that it is his right to
have an attorney When not applicable
2) Ask him if he desires the aid of an attorney  Does not generally apply to civil and
3) Assign an attorney de oficio, if he desires and administrative cases
is unable to employ an attorney XPN: Available in civil, administrative and
4) Grant him a reasonable time, if he desires to legislative proceedings or investigations, where
procure an attorney of his own the fact asked for is a criminal one
 May not be invoked to protect a person against
People v. Bermas being compelled to testify to facts which:
The right to counsel must be more than just the 1) May expose him only to public ridicule
presence of a lawyer in a courtroom, or the mere 2) Impair his reputation for probity
propounding of standard questions and 3) Tend to disgrace him
objections. The right to counsel means that the  Not applicable in police line-ups or in
accused is amply accorded legal assistance identification in open court; or when an
extended by a counsel who commits himself to the accused signs a Booking sheet/Arrest report in
cause of the defense and acts accordingly. The a police station – since he does not confess to
right assumes and active involvement by the lawyer in anything or admit anything incriminating.
the proceedings particularly at the trial of the case, he’s  Not applicable to past criminality
bearing constantly in mind of the basic rights of the  The right is not applicable to the use of body
accused and being well versed or the case and is parts, when it is material
knowing the fundamental procedures, essential laws  No application to juridical persons i.e.,
and existing jurisprudence. corporations.
 Not applicable to object evidence
PRIVILEGE AGAINST SELF-INCRIMINATION  Submission of body for physical examinations
SECTION 17. No person shall be compelled to be is not communicative in nature (Villaflor v.
a witness against himself. Summers)
 Paraffin testing
Self-incrimination - refers to acts or declarations
 Obtaining handwriting, the purpose is merely
either as testimony at trial or prior to trial by which one
to authenticate the envelope as the one seized
implicates himself in a crime
from him and not to produce a nonexisting
evidence. (Marcelo v. Sandiganbayan)
Right against self-incrimination - right of a person
 When the government under an authorizing
to refuse to give any evidence that may lead to his
law grants immunity to the witness in exchange
conviction unless he willingly decides otherwise; or
for a testimony favorable to the prosecution
simply, the right of a person not to be compelled to be
a witness against himself.
Types of statutory immunity
 The government must establish guilt of the
1) Transactional (Blanket or Total Immunity)
accused by evidence independently and freely
– By its grant, a witness can no longer be
secured
prosecuted for any offense whatsoever arising
out of the act or transaction. The witness is
Scope: A proscription to the use of physical or moral
immune from criminal prosecution for any
compulsion to extort communications essentially
offense which his compelled testimony
communicative in nature from the accused and not the
relates.
inclusion of his body in evidence, when it may be
2) Use-and-derivative-use (Use and Fruit
material.
immunity) – By its grant, a witness is only
assured that his particular testimony and
When applicable
evidence derived from it will not be used
 The right applies only to compulsory
against him in a subsequent prosecution.
testimonial self-incrimination
However, the witness is not free from criminal
 Can be raised in any proceedings
liability if there are other evidence available
which is not based on his testimony.
complete and may not, therefore, be allowed to form

Difference part of the evidence to be considered by the court in
Accused Witness deciding the case.
Can altogether refuse to Cannot refuse to take the XPN:
take the witness stand stand 1) Right to cross examine is lost wholly or in part
and his silence or taking Can claim the privilege through the fault of the cross examiner - the
the witness stand cannot against self- testimony may be taken into account
prejudice him incrimination as each 2) Right to cross examine is lost wholly or in part
question requiring an due to causes attributable to the party
incriminating answer. offering the witness - uncompleted
testimony is thereby rendered incompetent
RIGHT TO CONFRONT AND CROSS-EXAMINE
WITNESSES
Effects of failure of the accused to exercise the
right
RIGHT TO SECURE ATTENDANCE OF
1) Through the negligence of the accused -
WITNESSES
testimonies given by the prosecution witness
Importance
will be deemed as already complete
1) To give that accused an opportunity.
2) Through the negligence of the prosecution -
 To confront; and
the testimony given by the prosecution witness
 To cross examine witnesses against will not be admitted as part of the evidence
him, particularly to test their in the case.
recollection and veracity.
2) To give the judge as the trier of facts, an opportunity Exception to the Right to Confront Witnesses
to see and observe the demeanor and appearance of In testimonies of child witnesses, the fear that the
the witnesses, while they are testifying. child may be telling a lie is not the same as or is on the
same level as when it is an adult that is testifying in a
Nature of Cross Examination criminal case.
Cross Examination - is an indispensable instrument
of criminal justice to give substance and meaning to the RIGHT TO COMPULSORY PRODUCTION OF
Constitutional right of the accused to confront the WITNESSED IN EVIDENCE
witnesses against him and to show his innocence. RULE 21
 It is a fundamental right, which is part of the Section 1. Subpoena and subpoena duces tecum. —
due process Subpoena is a process directed to a person requiring
XPN: Concept of Dying Declaration - A him to attend and to testify at the hearing or the trial
dying declaration may be admitted in evidence of an action, or at any investigation conducted by
even though there is no longer any opportunity competent authority, or for the taking of his
to cross examine the witness who is already deposition. It may also require him to bring with him
dead. It must involve the same parties, the any books, documents, or other things under his
same subject matter and in that particular control, in which case it is called a subpoena duces
proceeding, there was opportunity to cross tecum.
examine in another judicial proceeding and
there was actually cross examination Under the rules of court an accused person is entitled
 The mere opportunity, and not necessarily the to have subpoenas, either:
actual cross examination is the essence of the 1) Subpoena duces tecum - for the production
right. of evidence or
 Available only in a criminal trial 2) Subpoena ad testificandum - to order a
person to appear and testify in court
Waiver
1) When an accused who escapes, after has been Effect of failure to comply
duly tried in absentia, impliedly waives his right Section 9. Contempt. — Failure by any person
to confront and cross examine witnesses who without adequate cause to obey a subpoena
testified against him; served upon him shall be deemed a contempt of
the court from which the subpoena is issued. If the
2) Where a party has had the opportunity to cross
subpoena was not issued by a court, the
examine a witness, but failed to avail himself of disobedience thereto shall be punished in
such right accordance with the applicable law or Rule. (12a
R23)
Effects of absence or incomplete cross
examination Jurisdiction of subpoena
GR: Until the cross examination of a witness has been
finished, his testimonies cannot be considered as
Section 10. Exceptions. — The provisions of sections is inconsistent with the court's pronouncement
8 and 9 of this Rule shall not apply to a witness on waiver of constitutional right- it is
who resides more than one hundred (100) insensitive to a right which we have deemed
kilometers from his residence to the place where he fundamental
is to testify by the ordinary course of travel, or to a  Fixed time period - The constitution requires
detention prisoner if no permission of the court in a criminal defendant to be offered a trial within
which his case is pending was obtained. (9a, R23)
a specified time period. The "fixed time
 Viatory Right – it refers to a person’s right to
period" was rejected because there is no
refuse the subpoena, without being penalized
constitutional basis for holding that the speedy
cause of valid causes
trial can be quantified into a specific number of
days or months.
People v. Chua
 Balancing test – The test is done by counting
The following requisites for compelling a witness
the delay from the time of the filing of the
should be met:
information and the conduct of both the
1) That the evidence to be testified or to be
prosecution and the accused is weighed and the
produced is evidence that is material;
ff factors are considered:
2) The accused is not guilty of neglect in
1) The length of delay
previously obtaining reproduction of such
2) Reason for the delay – most important
evidence;
3) Assertion or non-assertion of the right
3) The right is available at the time desired; and
to speedy trial
4) There is no other similar evidence that can
4) The prejudice that it has caused the
be presented by the accused or the
accused on the delay
requesting party.
RA 8493
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
Speedy Trial Act of 1998
TRIAL
 Even if there are provisions on the
timeframes or periods, it does not preclude
RIGHT TO SPEEDY TRIAL
justifiable delays or postponements when
Right to speedy trial Right to speedy so warranted
disposition of cases
Section 6. Time Limit for Trial. - In criminal cases
Available to criminal Available to all persons
involving persons charged of a crime, except those
cases and therefore, only is all kinds of
the accused may invoke proceedings, whether subject to the Rules on Summary Procedure, or
such criminal, civil, or where the penalty prescribed by law does not exceed
administrative six (6) months imprisonment, or a fine of One
During the trial stage: Includes all phases of thousand pesos (P1,000.00) or both, irrespective of
from arraignment to proceedings other imposable penalties, the justice or judge shall,
judgment and appeal after consultation with the public prosecutor and the
thereof, if any counsel for the accused, set the case for continuous
trial on a weekly or other short-term trial calendar
Speedy trial - One that can be had, as soon as possible at the earliest possible time so as to ensure speedy
after a person is indicted and within such time as the trial. In no case shall the entire trial period exceed one
prosecution with reasonable diligence could prepare hundred eighty (180) days from the first day of trial,
for it. It should be a trial conducted according to fixed except as otherwise authorized by the Chief Justice of
rules, regulations, and proceedings of the law, free the Supreme Court pursuant to Section 3, Rule 22 of
from vexatious, capricious and oppressive delays. the Rules of Court.
 It does not mean undue haste but one
conducted with reasonable promptness Section 7. Time Limit Between Filing of Information and
consistent with due course of justice. Arraignment and Between Arraignment and Trial. - The
 The right to speedy trail is not susceptible to arraignment of an accused shall be held within thirty
any precise quantification (30) days from the filing of the information, or from
the date the accused has appeared before the justice,
Tests judge or court in which the charge is pending,
 Demand waiver rule - The defendant waives whichever date last occurs. Thereafter, where a plea of
any consideration of his right to speedy trial not guilty is entered, the accused shall have at least
from any period prior to which he has not fifteen (15) days to prepare for trial. Trial shall
demanded trial. Under this rigid approach, a commence within thirty (30) days from arraignment
prior demand is a necessary condition to the as fixed by the court.
consideration of the speedy trial right. This test
was rejected because aside from the fact that it
If the accused pleads not guilty to the crime charged,  A public trial is not synonymous with
he/she shall state whether he/she interposes a negative publicized trial and trial by publicity
or affirmative defense. A negative defense shall require  Test of actual prejudice - To warrant the
the prosecution to prove the guilt of the accused finding of prejudicial trial by publicity, there
beyond reasonable doubt, while an affirmative defense must be an allegation and proof that the judges
may modify the order of trial and require the accused have been actually influenced and not
to prove such defense by clear and convincing simply that they might be influenced.
evidence.  Media outfits can send the representative to the
trials and make their reports and comments
Balajedeong v. Del Rosario thereon to their viewers or listeners as long as
Respondent Judge Del Rosario ascribes the delay in the they do not tend to hamper the orderly
resolution of Civil Case No. 367 to his failing health, as administration of justice.
he was hospitalized several times due to heart ailment.
Even if he was stricken by an illness which hampered RIGHT TO HAVE AN IMPARTIAL TRIAL
the due performance of his duties, still it was An impartial trial is a basic requirement of due process
incumbent upon respondent Judge Del Rosario to in criminal proceedings because all other elements of
inform this Court of his inability to seasonably decide due process like notice, hearing would be rendered
the cases assigned to him. His illness should not be meaningless if ultimately the decision were to come
an excuse for his failure to render the from a bias judge.
corresponding decision or resolution within the
prescribed period. While we sympathize with his What are the qualities expected of a presiding
woes, the demands of public service cannot abide by judge?
his illness. In case of poor health, the Judge 1) Free
concerned needs only to ask this Court for an 2) Disinterested
extension of time to decide cases, as soon as it 3) Impartial
becomes clear to him that there would be delay in 4) Independent
his disposition of his cases.
RIGHT NOT TO APPEAR AT TRIAL
Bernaldez v. Avelino An accused has the right to remain silent and not to
The designation of a judge to preside over another sala present evidence on his behalf. The right of the
is an insufficient reason to justify the delay in deciding accused to be exempted from testifying applies equally
a case. Additional assignments are no excuse for delays to any compulsory disclosure of the guilt of the
in resolving cases. offender himself, whether sought directly as the object
of the inquiry, or indirectly, and incidentally, for the
Office of the Court Administrator v. Laron purpose of establishing facts involving an issue
The absence of a branch clerk of court should not between other parties.
affect the prompt disposition of cases. It is the duty of
the judge to recommend to the Supreme Court the A trial may proceed notwithstanding the absence
immediate appointment of a branch clerk of court. of the accused provided that 3 conditions concur:
1) He has been arraigned;
2) He has been duly notified of the trial entry; and
RIGHT TO PUBLIC TRIAL 3) He fails to appear and his failure to appear is
Public trial - One which is not limited or restricted to unjustifiable.
any particular class of the community but is open to
the free observation of all. The trial is public when RIGHT TO APPEAL
everyone interested in observing the manner a judge
conducts to proceeding in his court room may do so. Appeal - is a resort to a superior court to review the
XPN: The judge may motu proprio exclude the public decision of an inferior court. An appeal brings up for
from the courtroom if the evidence to be produced review errors of judgment committed by a court of
during the trial is offensive to the sincere public morals. competent jurisdiction over the subject of the suit or
the persons of the parties, or any such error committed
In relation to freedom of the press by the court in the exercise of its jurisdiction
The press does not simply publish information about amounting to nothing more than error of judgment.
trials but guards against the miscarriage of justice by  the right to appeal is not a natural right nor a
subjecting the police, prosecutors, and judicial part of due process. It is merely a statutory
processes to extensive public scrutiny and criticism. privilege and may be exercised only in the
manner and in accordance with the provisions
Trial by publicity of law
RIGHT TO SPEEDY DISPOSITION OF CASES To resolve the 30 days from

Art. III, Sec. 16, 1987 Constitution Petition on the filing
SECTION 16. All persons shall have the right to a sufficiency of the
speedy disposition of their cases before all judicial, factual basis of
quasi-judicial, or administrative bodies. the proclamation
of martial law or
Art. VIII, Sec. 15, 1987 Constitution the suspension of
SECTION 15. (1) All cases or matters filed after the the privilege of
effectivity of this Constitution must be decided or the writ or the
resolved within twenty-four months from date of extension thereof
submission for the Supreme Court, and, unless Constitutional within 60 days
reduced by the Supreme Court, twelve months for Commissions, on from the date of
all lower collegiate courts, and three months for any case or its submission
all other lower courts. matter brought for decision or
(2) A case or matter shall be deemed submitted for before it resolution.
decision or resolution upon the filing of the last
pending, brief, or memorandum required by the SUBSTANTIVE RIGHTS UNDER THE DUE
Rules of Court or by the court itself. PROCESS CLAUSE
(3) Upon the expiration of the corresponding period,
a certification to this effect signed by the Chief WHAT ACTS CANNOT BE CRIMINALIZED
Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of 1) Mere beliefs and aspirations
the case or matter, and served upon the parties. The SECTION 18. (1) No person shall be
certification shall state why a decision or resolution detained solely by reason of his political
has not been rendered or issued within said period. beliefs and aspirations.
(4) Despite the expiration of the applicable  The right to believe in any political
mandatory period, the court, without prejudice to doctrine or philosophy is an absolute
such responsibility as may have been incurred in right that every Filipino must enjoy.
consequence thereof, shall decide or resolve the case However, the right to act in order to
or matter submitted thereto for determination, pursue one’s political beliefs is subject
without further delay. to regulation and to the Police Power
of the State.
Scope 2) Debts and civil obligations
1) Covers all phases of any case, be it criminal, SECTION 20. No person shall be
civil, or administrative in nature before imprisoned for debt or non-payment of a
judicial (courts), quasi-judicial (executive poll tax.
agencies performing adjudicatory functions  Refers to civil debt (ex contractu)
similar to courts, i.e. Constitutional  Does not pertain to debt/financial
Commissions, NLRC, SEC), administrative liability arising from a crime/ex delicto
bodies, from filing to its disposition.  Purpose:
2) Extends to all parties and covers the periods 1) To prevent the use of the power of
before judgment the State to coerce the payment of
3) A balancing test similar to that in speedy trial is civil debts
also applicable 2) Protection of the poor
4) Like the right to speedy trial it is deemed
violated when the disposition of the case is Lozano v. Martinez
attended by vexatious, capricious and Among the constitutional objections raised against BP
oppressive delays or when unjustified 22, the most serious is the alleged conflict between the
postponements are asked for and secured, or statute and the constitutional provision forbidding
when without cause or justifiable motive a long imprisonment for debt. It is contended that the statute
period of time is allowed to elapse in the runs counter to the inhibition in the Bill of Rights
disposition of the case. which states, "No person shall be imprisoned for debt
or non-payment of a poll tax." Petitioners insist that,
Mandatory period for disposition of cases since the offense under BP 22 is consummated only
upon the dishonor or non-payment of the check when
Supreme Court 24 months it is presented to the drawee bank, the statute is really
Lower Collegiate 12 months a "bad debt law" rather than a "bad check law." What
Courts (CA,
it punishes is the non-payment of the check, not
Sandiganbayan,
CTA) the act of issuing it. The statute, it is claimed, is
Lower Courts 3 months nothing more than a veiled device to coerce
payment of a debt under the threat of penal Characteristics of bill of attainder

sanction. (1) The statute applies to specifically defined or
easily ascertainable person or group of persons;
3) Acts which when done were innocent (Ex Post (2) It applies retroactively and reaches past conduct;
Facto Laws) and Bills of attainder and
SECTION 22. No ex post facto law or bill of (3) A conviction or sentence is pronounced by law
attainder shall be enacted. instead of the courts.
Ex post facto laws WHAT PUNISHMENTS CANNOT BE IMPOSED

(1) makes criminal an act done before the 1) Involuntary servitude
passage of the law and which was innocent SECTION 18. (2) No involuntary servitude
when done, and punishes such an act; in any form shall exist except as a
(2) aggravates a crime, or makes it greater than punishment for a crime whereof the party
it was, when committed; shall have been duly convicted.
(3) changes the punishment and inflicts a
greater punishment than the law annexed to Involuntary servitude - condition of
the crime when committed; enforced, compulsory service of one to
(4) alters the legal rules of evidence, and another.
authorizes conviction upon less or different Slavery - the state of entire subjection of one
testimony than the law required at the time of person to the will of another
the commission of the offense; Peonage – the voluntary submission of a
(5) assuming to regulate civil rights and person (peon) to the will of another because of
remedies only, in effect imposes penalty or his debt.
deprivation of a right for something which
when done was lawful; and Exceptions
(6) deprives a person accused of a crime of 1) When involuntary servitude is imposed as
some lawful protection to which he has a punishment for a crime where the party
become entitled, such as the protection of a is duly convicted;
former conviction or acquittal, or a 2) When personal military or civil service is
proclamation of amnesty. required of citizens for the defense of the
State
Characteristics of ex post facto laws 3) Through a proper exercise of Police
(1) Relates to penal or criminal matters only i.e., laws Power;
penal in nature; 4) Through injunctions by the court
(2) Retroactive in operation; requiring striking private sector laborers in
(3)Deprive persons accused of crime of some industries affected with public interest to
protection or defense previously available, to their return to work pending the settlement
disadvantage. of a labor/industrial dispute;
5) Exceptional services, such as the military
Bill of attainder and naval enlistment;
It is a legislative act which inflicts punishment without 6) To perform your duty, functions or
judicial trial. responsibilities under the law
 The essence of a Bill of Attainder is the 7) The exercise by parents of their authority
substitution of a legislative determination of to require their children to perform
guilt instead of a judicial determination of guilt. reasonable amount of work
 The legislative body exercises the power and
office of a judge; it pronounces upon the guilt 2) Excessive fines
of a party, without any of the forms and SECTION 19. (1) Excessive fines shall not
safeguards of a judicial trial, and it fixes the be imposed, xxx.
degree of punishment in accordance with its Factors to be considered
own notions of the gravity of the offense. (1) The financial condition of the accused;
(2) The limits prescribed by the law;
 If the punishment is less than death, the act
(3)The mitigating and/or aggravating
is called Bill of Pains and Penalties
circumstances.
 The prohibition may not apply in the following
matters:
3) Cruel, degrading and inhuman
o Civil matters, generally;
punishments
o Matters that affect or regulate
SECTION 19. (1) xxx, nor cruel, degrading
civil or private rights; and
or inhuman punishment inflicted. Neither
o To executive issuances.
shall death penalty be imposed, unless, for
compelling reasons involving heinous (2) against second prosecution for the same
crimes, the Congress hereafter provides for offense after conviction; and
it. Any death penalty already imposed shall (3) against multiple punishments for the
be reduced to reclusion perpetua. same offense.
 To substantiate a claim of double jeopardy, the
(2) The employment of physical, following must be proven:
psychological, or degrading punishment
1) A first jeopardy must have attached prior
against any prisoner or detainee or the use of
to the second
substandard or inadequate penal facilities
under subhuman conditions shall be dealt 2) The first jeopardy must have been validly
with by law. terminated
 The Constitution refers primarily to physical 3) The second jeopardy must be for the same
punishment, and is aimed at the form, offense or the second offense includes or
nature or character of the punishment rather is necessarily included in the offense
than the severity (or the proportion between charged in the first information or is an
the punishment and the crime, except when it attempt to commit the same or is a
is shocking to the moral sense of a reasonable frustration thereof
man as to what is right and proper under the
circumstances). Kinds of double jeopardy
 A punishment is cruel when: 1) Double jeopardy for the same offense
o It inherently involves so much 2) Double jeopardy for the same act
pain and suffering that civilized
people cannot tolerate it; Requisites for the existence of Double Jeopardy
o If in the sense of being 1) He has been previously brought to trial;
previously unknown for a 2) The court which tried him is a court of
given offense; competent jurisdiction i.e., has jurisdiction to try
o If it is excessive and serves no him for the crime charged;
legislative purpose; or 3) The complaint or information under which he
o If popular sentiment abhors was has been charged is valid i.e., sufficient in
it, even if it not excessive or form and substance to sustain a conviction;
with legislative purpose 4) He has been validly arraigned and pleaded to
 The punishment must be “flagrantly and the charge (Plea should be to a valid Information and
plainly oppressive” or “wholly before a court of competent jurisdiction);
disproportionate to the offense” as to shock 5) He has been previously convicted or acquitted
the moral sense of the community of the offense charged, that is, the former case
against him has been dismissed (Dismissal should
PROTECTION AGAINST DOUBLE JEOPARDY be after, not before, arraignment and plea or otherwise
SECTION 21. No person shall be twice put in terminated without his express consent)
jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction Kinds of acquittal
or acquittal under either shall constitute a bar to 1) An acquittal on the ground that the accused
another prosecution for the same act. is not the author of the crime complained
of: forecloses the claim of civil liability
Right against Double Jeopardy - when a person is 2) An acquittal based on reasonable doubt:
charged with an offense and case is terminated either does not exempt one from civil liability
by acquittal or conviction or in any other manner which may be proved by preponderance of
without express consent of the accused, the latter evidence.
cannot again be charged with the same or identical
offense. Also known as Res Judicata in prison grey. Other rules on acquittal
 Purpose: To protect the accused against the 1) When the court grants a Demurrer to
peril of a second criminal trial as well as Evidence it is tantamount to an acquittal (but
second punishment for the same offense, it may be question via Petition for Certiorari
assuring the accused shall not thereafter, be not appeal)
subjected to the danger and anxiety of a 2) A nolle prosequi or dismissal entered before the
second charge against him for the same accused is placed on trial and before he is called
offense. on to plead is not equivalent to an acquittal.
 Double jeopardy provides 3 related
protections Limitations on double jeopardy
(1) against second prosecution for the same
offense after acquittal;
1) When the trial court acted with grave abuse of individual at liberty if his detention is found to be
discretion amounting to lack or excess of illegal.
jurisdiction
2) The accused was not acquitted nor was there a Two instances contemplated
valid and legal dismissal or termination of the 1) Deprivation of a person’s liberty either through
case illegal confinement or through detention;
3) Dismissal or termination of the case was with 2) Withholding of the custody of any person
express consent of the accused from someone entitled to such custody.
XPN of XPN:
 Dismissal based on insufficiency of evidence Instances when the court will extend the scope of the
 Dismissal because of denial of accused’s right writ
to speedy trial 1) There is a deprivation of a constitutional
 Accused is discharged to be a State witness right resulting in unlawful restraint of a person;
4) Administrative cases 2) The court had no jurisdiction to impose the
5) Dismissal of the case was during the sentence which restraints a person;
preliminary investigation 3) An excessive penalty is imposed and such
6) When the case was provisionally dismissed sentence on restraint is void as to the excess.
7) The graver offense developed due to
supervening facts arising from the same act or Limitations
omission constituting the former charge 1) Where the privilege of the writ of habeas
 Doctrine of Supervening Event – the corpus is suspended (not the writ itself) by the
accused may still be prosecuted for another President in cases of invasion or rebellion,
offense if a subsequent development changes when public safety requires it
the character of the first indictment under 2) Where confinement was illegal at the
which he may have already been charged or beginning, but has become legal at the time
convicted of the application for the writ;
8) The facts constituting the graver charge 3) Where a valid warrant of commitment has
became known or were discovered only after a been issued by a court, for lawful cause, upon
plea was entered in the former complaint or application of the writ, his illegal detention
information becomes moot and academic;
9) The plea of guilty to a lesser offense was made 4) Where a person is already released or his
without the consent of the prosecutor and of liberty is not actually restrained
the offended party except as otherwise 5) An accused who is on bail and is thus on
provided. provisional liberty;
6) Where the Bureau of Immigration issued an
THE PRIVILEGE OF THE WRIT OF HABEAS order of deportation to an alien, or when the
CORPUS BI has not yet completed its hearing and
SECTION 15. The privilege of the writ of habeas investigation and there is no showing that the
corpus shall not be suspended except in cases of proceedings are unduly delayed;
invasion or rebellion when the public safety requires 7) Where police officers are under restrictive
it. custody while undergoing administrative
investigations, it is neither actual nor effective
Writ of Habeas Corpus - is a writ (order issued by a restraint, since restrictive custody is a
court of competent jurisdiction), directed to the person permissible precautionary measure to assure
detaining another, commanding him to produce the the PNP authorities that the police officers
body of the prisoner at a designated time and place, concerned are always accounted for;
and to show sufficient cause for holding in custody the 8) As a means of obtaining evidence of the
individual so detained; regarded as a “Palladium of whereabouts of a person or as a means of
Liberty” finding out who has specifically abducted
or caused the disappearance of a certain
Purpose person;
To inquire into all manners of involuntary restraint 9) To compel a spouse (husband/wife) to live
(restraint of liberty, whether by physical duress or with his/her spouse; coverture cannot be
coercion, or moral compulsion; includes rightful enforced by compulsion through habeas
custody of minors), as distinguished from voluntary corpus
restraint, and to relieve a person therefrom if such 10) The writ is not the appropriate vehicle for
restraint is found illegal or when the accused’s asserting one’s right to bail, if it is a matter of
constitutional rights are disregarded; to set the discretion of the court;
11) The SC cannot, in habeas corpus proceedings, SECTION 5. The Supreme Court shall
review the record of a criminal case after have the following powers:
judgment of conviction has been rendered, and
the accused had entered into the execution of xxx.
the sentence imposed, to ascertain whether the
facts found by the trail court were in (5) Promulgate rules concerning the
accordance with the evidence disclosed by the protection and enforcement of
constitutional rights, pleading, practice, and
record, or to pass upon the correctness of
procedure in all courts, the admission to the
conclusions of law by the trial court based on practice of law, the Integrated Bar, and legal
the facts thus found; in short the SC cannot assistance to the underprivileged. Such rules
review a judgment of a competent court, shall provide a simplified and inexpensive
through a habeas corpus proceedings. procedure for the speedy disposition of
cases, shall be uniform for all courts of the
Writ of habeas corpus as a post-conviction remedy same grade, and shall not diminish, increase,
When a convict has undergone imprisonment for a or modify substantive rights. Rules of
period more than the maximum imprisonment procedure of special courts and quasi-
imposed on him, he can petition for habeas corpus. judicial bodies shall remain effective unless
disapproved by the Supreme Court.
SUSPENSION OF THE PRIVILEGE
SECTION 18. The President shall be the Art. XIII, Sec. 18(3), 1987 Constitution
Commander-in-Chief of all armed forces of the SECTION 18. The Commission on Human
Philippines xxx In case of invasion or rebellion, Rights shall have the following powers and
when the public safety requires it, he may, for a functions:
period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the xxx
Philippines or any part thereof under martial law.
xxx. (3) Provide appropriate legal measures for
 A state of martial law does not suspend the the protection of human rights of all persons
within the Philippines, as well as Filipinos
operation of the Constitution, nor supplant
residing abroad, and provide for preventive
the functioning of the civil courts or measures and legal aid services to the
legislative assemblies, nor authorize the underprivileged whose human rights have
conferment of jurisdiction on military courts been violated or need protection;
and agencies over civilians where civil courts
are able to function, nor automatically WRIT OF AMPARO
suspend the privilege of the writ. Writ of Amparo - is an independent and summary
 The suspension of the privilege of the writ shall remedy that provides rapid judicial relief to protect the
apply only to persons judicially charged for people’s right to life, liberty and security in cases
rebellion or offenses inherent in or directly involving extrajudicial killings and enforced
connected with the invasion. disappearance, or threats thereof.
 During the suspension of the privilege of the
writ, any person thus arrested or detained shall Who may file
be judicially charged within three days, The petition may be filed by the aggrieved party or
otherwise he shall be released. by any qualified person or entity in the following
order:
AFFIRMATIVE RIGHTS a) Any member of the immediate
1) Free access to the courts family, namely: the spouse, children
SECTION 11. Free access to the courts and and parents of the aggrieved party;
quasi-judicial bodies xxx shall not be denied b) Any ascendant, descendant or
to any person by reason of poverty. collateral relative of the aggrieved
party within the fourth civil degree
2) Protection and enforcement of of consanguinity or affinity, in
constitutional rights default of those mentioned in the
Art. III, Sec. 12(4), 1987 Constitution preceding paragraph; or
SECTION 12. xxx (4) The law shall provide c) Any concerned citizen,
for penal and civil sanctions for violations of organization, association or
this section as well as compensation to and institution, if there is no known
rehabilitation of victims of torture or similar member of the immediate family or
practices, and their families. relative of the aggrieved party.
Art. VIII, Sec. 5(5), 1987 Constitution
The filing of a petition by the aggrieved party suspends

the right of all other authorized parties to file similar
petitions. Likewise, the filing of the petition by an
authorized party on behalf of the aggrieved party
suspends the right of all others, observing the order
established herein.
Interim reliefs available to the petitioner

(a) Temporary Protection Order
(b) Inspection Order
(c) Production Order
(d) Witness Protection Order
WRIT OF HABEAS DATA

Writ of habeas data - is a remedy available to any
person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a
private individual or entity engaged in the gathering,
collecting or storing of data or information regarding
the person, family, home and correspondence of the
aggrieved party.
 Enforceable anywhere in the Philippines
 The filing of a petition for the writ of habeas
data shall not preclude the filing of separate
criminal, civil or administrative actions.
Who can be subjected

1) Any government employee or official
2) Any private individual
3) Any private entities such as corporations
Who may file

GR: Only the person affected may file a petition for
a writ of habeas data.
XPN: In certain exceptions such as cases of extralegal
killings and enforced disappearances, the petition may
be filed by:
1) Any member of the immediate family of the
aggrieved party, namely: the spouse, children
and parents; or
2) Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
affinity, in default of those mentioned in the
preceding paragraph.
END

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FROM THE LECTURES OF ATTY GARCIA AND ATTY DERIJE

- If the power of eminent domain is exercised

CONSTITUTIONAL LAW II 2) Constitution has no retroactive application.

1|CONSTITUTIONAL LAW II | Venteroso

3) To promote the happiness of the individual

2) Constitutional Rights-Are those rights which A) Fundamental Principles on Constitutional Law

3|CONSTITUTIONAL LAW II | Venteroso

Due Process of Law in General renders judgment after trial. Every

Requisites for applicability Definitions in the context of due process of law

4|CONSTITUTIONAL LAW II | Venteroso

defects not only in the basis of actual Requisites in criminal cases

6|CONSTITUTIONAL LAW II | Venteroso

d) finding by said tribunal supported by 3) They shall be informed of the evidence

8|CONSTITUTIONAL LAW II | Venteroso

9|CONSTITUTIONAL LAW II | Venteroso

General Limitations RA 7160

method used by the government for raising in the of the public

Police Eminent Taxation Equal Protection Clause

XPN: Municipal corporations are not granted Biraogo v PhilTruth

RULE 126 SEARCH AND SEIZURE

Nature of application of search warrant Special criminal process – prosecution’s

FREEDOM OF EXPRESSION punishment has a strong presumption of

Press covers every sort of publication, whether (Soriano v. Laguardia)

the imputation of a crime

The criminal action and the Cyber Crime Law of 2012

the offenses enumerated in this Act shall (Garcia v. Manrique)

 right of assembly - the right on the one entitled to its legal

Act of 1985 or Batas DELA CRUZ v. CA

FREEDOM OF ASSOCIATION AND persuasion or of congenial frame of

Right to form associations - the freedom to Public sector Private sector

Purpose of the provision/guarantee Print media TV and

presented over the of expression but is nonetheless

Unprotected speeches  Other public officials – If not libelous under

 The incorporation in the constitution of XPN: The executive, chief executive,

 It is not is not an inhibition of profound  VALID - the state regulates conduct

2) Government endorsement or disapproval of government service during office hours every

The state was unable to provide a compelling Estrada v. Escritur

Without such prohibition, religious freedoms  professional squatters - applies to

7) Proper uniforms for members 4) Revised Penal Code - trespass to property,

setup and under our laws are also entitled to

RULING: No, because it is settled that the

Philippine Rural v. Secretary of DILG

RULING: It is ingrained in jurisprudence that the

RIGHTS OF PERSONS UNDER CUSTODIAL stricter requirements

2) Right to competent and independent counsel,

People v. Pepino Right to counsel

(f) Any person arrested or detained or under 5) by any international non-governmental

Actions for invalidation of the extrajudicial confession People v. Baloloy

Bail acts as a reconciling mechanism to Forms of bail (Sec 1, Rule 114)

When is bail a matter of right? Valero v. CA

involving capital offenses or offenses punishable People v. Valdez

 It is a public international law concept In extradition proceedings, prospective extraditees are

fundamental law on one hand, in the law on

despite due notice, shall be deemed a

considered automatically reproduced at the trial, AFTER 30 DAYS OF

 Violation of Batas Pambansa Bilang 22; whether on preliminary

(b) Where the grant of bail is a matter of discretion, INCREASE OR DECREASE

CANCELLATION In cities and municipalities to be specified by the

with which he is charged before he is put on trial, and