You are on page 1of 23


B. Right to Property
Section 1: No person shall be deprived of life, liberty or property without due process of Protected property includes all kinds of property found in the Civil Code. It also includes
law, nor shall any person be denied the equal protection of the laws. the right to work and the right to earn a living. A mere privilege, however, may evolve into
some form of property right protected by due process.
Significance: The Bill of Rights is a guarantee that there are certain areas of a person’s life,
liberty and property which governmental powers may not touch. Doctrines
No right is absolute, and the proper regulation of a profession, calling, business or trade
Guarantees of the Bill of Rights has always been upheld as a legitimate subject of a valid exercise of the police power by
The Bill of Rights focuses on civil and political rights and the guarantees in the Bill of Rights the state particularly when their conduct affects either the execution of legitimate
are generally self-implementing, they can be appealed to even in the absence of governmental functions, the preservation of the State, the public health and welfare and
implementing legislation Powers of the government limited by the Bill of Rights public morals. Exec. Sec. v. CA

A. Police Power When property is classified into historical treasures or landmarks, such classification
“The most essential, insistent and the least limitable of powers, extending as it does to all should be done with both procedural and substantive due process especially when it “will
the great public needs” “The inherent and plenary power in the State which enables it to involve imposition of limits on ownership.” Army and Navy Club of Manila v. CA
prohibit all that is hurtful to the comfort, safety, and welfare of society”.
The right to protected property is not absolute, and can be overturned upon a showing of
Scope Police power rests upon public necessity and upon the right of the State and of the reasonable fair, and just management practices by the employer. In this case, the
public to self-protection. For this reason, its scope expands and contracts with changing protection of trade and manufacturing secrets is a reasonable management practice to
needs. justify the prohibition. Duncan Assoc. v. Glaxo Wellcom Phils. Roan Salanga I-A Consti II
Page 2 of 31
Who exercises police power? The national government, through the legislative
department, exercises police power. But police power is also delegated, within limits, to Regulation against private property which constitutes a permanent deprivation of
local governments. property without just compensation is “unlawful taking” and is no longer a valid exercise
of police power. People v. Fajardo
Local governments may regulate business but may not engage in the licensing or
regulation of professions. Professional regulation is given to various professional boards. C. Right to Liberty
Acebedo Optical Co. v. CA Not being a political subdivision but merely an executive Only those authorized by law may bear arms. US v. Villareal
authority, MMDA does not possess police power. MMDA v. Bel-Air Village Assoc.
Hierarchy of Rights
B. Power of Eminent Domain The primacy of human rights over property rights is recognized.
Government’s coercive authority, upon just compensation, to forcibly acquire a property
to devote it to public use Doctrines “A mere reasonable or rational relation between the means employed by the
law and its object or purpose—that the law is neither arbitrary nor discriminatory—would
C. Power of Taxation suffice to validate a law which restricts or impairs property rights. On the other hand, a
Power to raise revenues Rights protected by the Bill of Rights constitutional or valid infringement of human rights requires more stringent criterion,
namely existence of a grave and immediate danger of a substantive evil which the State
A. Right to Life has the right to prevent.” Phil. Blooming Mills Employees Org. v. Phil. Blooming Mills Co.
Right to Life is not just a protection of the right to be alive or to the security of one’s limb
against physical harm but is the right to a good life. In a pension plan where employee participation is mandatory, the prevailing niew is that
employees have contractual or vested rights in the pension where the pension is part of

the terms of employment. Thus, where the employee retires and meets the eligibility
requirements, he acquires a vested property right to benefits that is protected by the due Requirements (student’s disciplinary proceedings)
process clause. GSIS v. Montesclaros 1. The right to be informed in writing of the nature of the accusation
2. The right to answer the charge with the assistance of counsel
In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a 3. The right to be informed of the evidence against them
preferred position as they are essential to the preservation and vitality of our civil and 4. The right to adduce evidence in their own behalf
political institutions. Kinds of Due Process 5. The right for the evidence to be duly considered by the investigating committee
6. Proportionality of the penalty to the offense
A. Procedural Due Process
This relates chiefly to the mode of procedure which government agencies must follow in Requirements (administrative cases)
the enforcement and application of laws. It is a guarantee of procedural fairness. 1. The right to actual or constructive notive of the institution of proceedings which
Requirements (non-criminal cases) may affect a respondent’s legal rights
2. A real opportunity to be heard personally or with the assistance of counsel, to
1. There must be a court or tribunal clothed with judicial power to hear and present witnesses and evidence in one’s favor, and to defend one’s rights
determine the matter before it 3. A tribunal vested with competent jurisdiction and so constituted as to afford a
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the person charged administratively a reasonable guarantee of honesty as well as
property which is the subject of the proceedings impartiality
3. The defendant must be given an opportunity to be heard 4. A finding by said tribunal which is supported by substantial evidence submitted for
4. Judgment must be rendered upon lawful hearing consideration during the hearing or contained the records or mad known to the
parties affected
During the executive phase of an extradition proceeding, an extraditee does not have the
right of access to evidence in the hands of government. But during the judicial phase, he Doctrines (administrative case): A respondent in an administrative case is not entitled to
has. Secretary v. Judge Lantion be informed of the findings and recommendations of an investigating committee created
Invalidating an ordinance requires evidence, which the one assailing unconstitutionality is to inquire into charges filed against him but is only entitled to the administrative decision
burdened to present and prove. The general presumption when the State interferes with based on substantial evidence made of record, and a reasonable opportunity to meet the
life, liberty, and property is that the action is valid. Ermita-Malate Hotel and Motel charges and the evidence presented against him during the hearing of the investigation
Operators v. City of Manila committee. Pefianco v. Moral Although deportation proceedings are not criminal in
nature, the consequences can be as serious as those of a criminal prosecution. The
The applicable doctrine for criminal cases, in determining whether they comply with due provisions in the Rules of Court for criminal cases are applicable. Lao Gi alias Chia Jr. v. CA
process, is the “sufficient warning” test, or whether or not a statutes language convey a
sufficiently definite warning as to the proscribed conduct when measured by common Quantum of proof Administrative proceedings = substantial evidence; such relevant
understanding and practice. Estrada v. Sandiganbayan evidence as a reasonable mind might accept as adequate to support a conclusion Notice
and Hearing In quasi-judicial proceedings, notice and hearing is always required; but in the
Vagueness of the Law performance of executive or legislative functions, such as issuing rules and regulations, an
A law is “vague” when it lacks comprehensible standards that men “of common administrative body need not comply with the requirement.
intelligence must necessarily guess as to its meaning and differ as to its application.
B. Substantive Due Process
It is repugnant to the Constitution in 2 respects: This is a prohibition of arbitrary laws. The legislature may not, under the guise of
1. It violates due process for failure to accord persons, especially the parties targeted protecting the public interest, arbitrarily interfere with private business or impose unusual
by it, fair notice of the conduct to avoid and unnecessary restrictions upon lawful occupations. The heart of substantive due
2. It leaves law enforcers unbridled discretion in carrying out its provisions and process is the requirement of “reasonableness” or absence of exercise of arbitrary power.
becomes an arbitrary flexing of the Government muscles These are necessarily relative concepts which depend on the circumstances of every case.

The Equal Protection Clause is a specific constitutional guarantee of the Equality of the Person. houses. It must not contravene the Constitution or any law 4. People v. and that the burden is upon Checkpoint . It must merely regulate. Equality and uniformity in taxation Search Warrant means that all taxable articles or all kinds of property of the same class shall be taxed at A fundamental protection such that between the person and the police must stand the the same rate. the government to prove that the classification is necessary to achieve a compelling State Requirements (it must appear that) interest and that it is the less restrictive means to protect such interest 1. It must be consistent with public policy effects against unreasonable searches and seizures of whatever nature and for any 5. require such interference Classification: The equal protection does not prohibit classification but it must be 2. Relative Constitutionality A statute which may have been constitutional at one time may be rendered invalid at Doctrines The constitutional proscription against unlawful searches and seizures applies as another time because of altered circumstances. Vernonia Sch. However. but rather it requires a “uniform and equitable” system of taxation. and no search warrant or warrant of arrest shall issue except 6. and Equal Protection particularly describing the place to be searched and the persons or things to be seized. and not prohibit trade purpose shall be inviolable. Central Bank Employees v. It must not be unfair or oppressive Section 2: The right of the people to be secured in their persons. challenged classification serves an important State interest and that the classification is The American Court has held that a warrant and finding of probable cause are substantially related to that interest unnecessary in the public school context because such requirements would unduly interfere with the maintenance of the swift and informal disciplinary procedures that are 3. he may not issue warrants of arrest in aid merely of his investigatory power. Must be germane to the purpose of the law Requirements (for an ordinance to be valid) 3. Central Bank v. Deferential or rational basis scrutiny—where the classification needs only to be related to a legitimate state interest Since the Commissioner on Immigration is not a judge. it not unduly oppressive upon individuals. Sison v. The law does not require absolute equality when it comes to taxation. Ancheta protective authority of a magistrate clothed with the power to issue or refuse to issue search warrants or warrants of arrest.” This clause does not only prohibit the State from passing discriminatory laws but it other possessions against arbitrary intrusions by State officers. normally unreasonable unless authorized by a validly issued search warrant or warrant of arrest. Marti That there is a specific victim of a particular offense is not a requisite for a warrant to issue. District interferes with the exercise of a fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional. Must not be limited to existing conditions only 1. That the means are reasonably necessary for the accomplishment of the purpose. Must apply equally to all members of the same class 2. Must rest on substantial distinctions 2. Morfe 1. 1. Unreasonable search and seizure Searches and seizures are existing inequalities. and reasonable. papers. To be reasonable. Middle-tier or immediate scrutiny—where the government must show that the the purpose of carrying out a deportation order that has already become final. The interests of the public generally. as distinguished from those of a particular class. Strict judicial scrutiny—in which a legislative classification which impermissibly needed. he may order the arrest of an alien for 2. It prohibits unreasonable also commands the State to pass laws which positively promote equality or reduce searches and seizures. Bangko Central a restraint directed only against the government and its agencies tasked with enforcement Three Levels of Scrutiny of the law and not against private individuals. The equality it guarantees is “legal quality or the equality of all persons before the Purpose: This is to protect the privacy and sanctity of the person and of his house and law. It must not be partial and discriminatory 3. and 4. It must not be unreasonable upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce.

e. Deposit is subject of litigation objects sought in connection with the offense are in the place sought to be searched. Burgos Sr. he may disregard the nature of the object dictates that the description must be general fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. this can be done when there the nature of the goods to be seized. The personal knowledge of the complainant when applying for a search/arrest warrant is mandatory when there is only one complainant and no other witnesses Personal Examination 3. it is justifiable as a warrantless requirement of a technical description would mean that no warrant could issue. He may also rely on the 4. it must 4. In cases of unexplained wealth as held in the case of PNB v. or where the lives and safety of the people are description therein is as specific as the circumstances will ordinarily allow and by which in grave peril. Beltran v. The description of the objects in a search warrant must be specific. Such judge must examine under oath or affirmation the complainant and the John Doe Warrant witnesses he may produce For “John Doe” warrant to satisfy the requirement of particularity of description. search of a moving vehicle. Gancayco Who may determine probable cause for the purpose of issuing a warrant? ONLY A JUDGE. v. People v. Ruiz It inspection and a few questions do not constitute unreasonable searches. General de Villa Tee Requisites of a valid warrant Purpose: Its purpose is to prevent abuse by the officer enforcing the warrant by leaving 1. Where the depositor consents in writing b. Routine the warrant officer may be guided in making the search and seizure. unless the fiscal’s report or if on the basis thereof he finds no probable cause. Examination of Bank Deposits An examination of the secrecy of bank deposits law would reveal the following allowable Probable Cause for the issuance of a warrant of arrest. v. Specific Description Rule 1. a. In the latter situation. by becomes more thorough to the extent of becoming a search. checkpoints may be allowed and installed by the government. exceptions: Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. Under exceptional circumstances. The unreasonable search and seizure clause must be construed strictly in favor of Who determines probable cause for the purpose of filing an information? THE the individual PROSECUTION. Impeachment case Probable Cause for a search Such facts and circumstances which would lead a reasonably c.Checkpoints are not illegal per se. Bache & Co. The affidavit of the witnesses is mandatory only when the primary complaint is What the Constitution underscores is the exclusive and personal responsibility of the based on hearsay issuing judge to satisfy himself of the existence of probable cause. Makasiar Any evidence obtained in a search or seizure without a warrant or by authority of an invalid warrant “shall be inadmissible for any purpose in any proceeding. People things to be seized v. The warrant must particularly describe the place to be searched and the person or contain descriptio personae such as will enable the officer to identify the accused. Probable cause must be determined personally by a judge 3. as where the survival A search warrant may be said to particularly describe the things to be seized when the of organized government is on the balance. Veloso In determining the sufficiency of the description of the address. the executing officer’s prior knowledge of the place intended in the warrant is relevant. their description must be rather general. Probable Cause Chief of Staff It means such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to induce a cautious man to rely upon them. Valmonte v. 2. This means that what is Exclusionary Rule required is personal determination and not personal examination. 2. particularly where. By court order in bribery or dereliction of duty cases against public officials discreet and prudent man to believe that an offense has been committed and that the d.” Particularity of Description . It must be issued upon “probable cause” him no discretion as to who or what to search or seize. since the is deemed to be probable cause. If the inspection is not required that technical precision of description be required.

Rule 114 of the Revised Rules on Criminal Procedure: An application for bail or the c. he may Allowable warrantless searches: after identifying himself frisk the person for weans” Scope A limited protective search of outer clothing for weapons Two-fold interest 1. arrest a person 3. Thus. Okbabe v. Spouses Veroy v. the person to be arrested has committed. Section 5. Stop and Frisk whom the search warrant is directed. and he has personal knowledge of facts criminal activity. Rules of Court: A peace officer or a private person may. either actual or constructive. It is not required that the property to be searched should be owned by the person against 6. Doctrine A fishing vessel found to be violating fishery laws may be seized indicating that the person to be arrested has committed it without a warrant because 3. When. When the person to be arrested is a prisoner who has escaped from a penal a. is actually committing. The search was contemporaneous with the arrest 7. The general interest of effective crime prevention and detection a. The right exists A buy-bust operation is a form of entrapment. Exigent and Emergency Circumstances The essential requisite of probable cause must still be satisfied before a warrantless search 2. A prior valid intrusion into a place for firearms. without d. Customs search or seizure of goods concealed to avoid duties de Leon Goods illegally seized shall be returned unless the possession of such goods is Doctrine: prohibited by law. The seizure would be incidental to the lawful arrest of the crew his case is pending. Consented warrantless search It must appear Buy-bust operation a. Judge Pabalan Except in the case of the search of a dwelling house. But there must be a or attempting to commit an offense highly reasonable suspicion amounting to probable cause that the occupant committed a 2. Stonehill v. neither instigates nor induces the accused to commit a crime. He. Warrantless search incidental to a lawful arrest Requirements A. And is noticed without further search warrant. They are usually equipped with powerful motors that enable them to elude pursuit establishment or place where he is serving final judgment or temporarily confined while b. v. persons exercising police authority under the customs law may affect search and seizure without a search warrant in the The objection to an unlawful search or seizure and to evidence obtained thereby is purely enforcement of customs laws. The method is for an officer to pose as a b. Chief of Staff reasonably to conclude in light of his experience that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous. When an offense has in fact been committed. The evidence was inadvertently discovered by the police who had the right to be where they are Warrantless Arrests c. in his presence. Search of a moving vehicle 1. but is sufficient that the property is under the “When an experienced police officer observes unusual conduct which leads him control or possession of the person sought to be searched. the seizure of an automobile coupled with reasonable personal and cannot be availed of by third parties. Diokno suspicion and probable cause determined by customs officials is valid.Sec. Layague b. The more pressing interest of safety and self-preservation control b. however. Seizure of evidence in “plain view” and seizure can be lawfully conducted Doctrines A permission granted for officers to enter Requirements a house to look for rebel soldiers does not include permission for a room to room search a. The legality of the evidence must be immediately apparent Rule 113. of the existence buyer. The person involved had knowledge. or has escaped while being transferred from one confinement to another 4. Highly regulated by the government because of its inherent mobility. 26. Castro v. That said person had an actual intention to relinquish the right admission to bail by the accused shall not be considered as a waiver of his right to assail the warrant issued for his arrest on the legalities or irregularities thereon. of such right Doctrines Any objection involving a warrant of arrest or procedure in the acquisition by . The item to be searched was within the arrestee’s custody or area of immediate B. Burgos Sr. Judge 5.

the regulation directly advances that interest Public order and safety = the security of human lives. other than the one who is ready and willing. normally law-abiding person. movie censorship Forms of correspondence and communication c. the commercial speech must not be false or misleading and should not proposes an intrusion. Jurisprudence is settled that an accused is stopped from assailing the illegality of his arrest if he fails to move for the quashing of the Information against him before his arraignment. the government has a substantial interest to protect 3. or the right of the people peaceably to assemble and petition the government for redress of grievances. Its most blatant form is a prescribed by law. Objective test—whether or not the conduct of the police officer was likely to induce a Scope Speech. liberty and property against the 4.1 of RA 4200: It shall be Subsequent Punishment unlawful for any person. with the various provisions in the Constitution which place a high premium on equalization of opportunities. Tests for regulation of expression communication or spoken word. propensity to commit the offense rather than the officer’s misconduct Prohibition of Prior Restraint Section 3: The privacy of communication and correspondence shall be inviolable except Prior Restraint means official government restrictions on the press or other forms of upon lawful order of the court. to tap any wire or cable. it would have to be based Requirements for government to validly curtail commercial speech upon a government official’s assessment that public safety and order demand such 1. tape or disc recorded. judicial prior restraint—takes the form of an injunction against publication It covers letters. the identity of the offense or offenses sought to be prevented This is a communication which “no more than proposes a commercial transaction. 2. or when public safety or order requires otherwise as expression in advance of actual publication or dissemination. It also includes movie as well as what is referred to as offense symbolic speech such as the wearing of an arm band as a symbol of protest. and rebels Anti-Wiretapping Law RA 4200 provides penalties for specific violations of private communication. the identity of the person or persons whose communication is to be intercepted Commercial Speech b. When is intrusion allowed? Intrusion into the privacy of communication and correspondence is allowed Doctrines: The provision on freedom of expression must be read in conjunction with the upon lawful order of the court or when public safety and order requires otherwise as power given to the Comelec to supervise and regulate media during election as well as prescribed by law. An executive officer can order intrusion when in his judgment and even without illegal transaction prior court approval. People v. insurrectionists. messages. NPC v. Comelec a. Tests on Entrapment Case 1. or record such communication or spoken plea. the regulation is not more extensive than is necessary to protect that interest activities of invaders. to secretly overhear. the period of the authorization given can be specified Advertisement of goods or of services is an example. Hernandez the press. Peaceful 2. a. Cabiles word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder. The effect of the constitutional grant of power to the Particularity of description Written correspondence: there should be no inconvenience in Comelec to regulate media is no presumption of invalidity arises in respect of exercises of requiring particularity of description Wiretaps: supervisory or regulatory authority on the part of the Comelec. telegrams and the like. expression and press include every form of expression. of expression. whether oral. Licensing System: shall be inadmissible for any purpose in any proceeding. he believes that public safety or order so requires. or by using any other device or . Section 4: No law shall be passed abridging the freedom of speech. to commit the written. telephone calls.” c.the court of jurisdiction over the person of the accused must be made before he enters his arrangement. Any evidence obtained in violation of this or the preceding section system of licensing administered by an executive officer. not being authorized by all the parties to any private This has an effect of curtailing expression. otherwise the objection is deemed waived. Sec. Subjective test—also known as the Predisposition Test. it emphasizes the accused’s picketing has also been included within the meaning of speech. press censorship b. or of People v. intercept. Doctrines: When intrusion is made without a judicial order. or however otherwise described.

or contempt of a natural or juridical person. known to someone other than the person to whom it has been no matter how severe. Maryland character that it outweighs the abridgment of freedom. discredit. the requirement cannot be interests.1. speeches out of contempt essential part of any exposition of ideas. 2. the balance-of-interests theory rests on the basis that 1. Publication of the charge necessary for the protection of such public interest 3. omission. The specific thrust of the restriction. release of information that endangers free trial truth that any benefit that may be derived from them is clearly outweighed by the social interests in order and morality. Legislature or Judiciary is within the range of written. not even those stated in the First Amendment. It is within the constitutional power of the Government 2. The allegation of a discreditable act or condition concerning another d. If the incidental restriction on alleged freedom is no greater than is essential to that are of such a nature as to create a clear and present danger that they will bring about the interest substantive evils that Congress has a right to prevent. Whether the necessary safeguarding of the public interest involved may be 4. and are of such slight social value as a step to d. These b. or circumstances tending to cause the whether or not the persons affected are few dishonor. status. or of a vice or a defect. CA) Unprotected Speech There are certain well defined and narrowly limited classes of speech. Dangerous tendency test There be a rational connection between the speech and the evil apprehended 1. real or b. Gonzales v. or any act. Article 353 of the RPC Elements legislation—the reference here is to the nature and gravity of the evil which Congress seeks to prevent 1. The governmental interest is unrelated to the suppression of free expression The question in every case is whether the words used are used in such circumstances and 4. be weighed against the political process as a social value. on the Executive. The burden of providing that the film is unprotected expression must rest on the censor constitutional freedoms are not absolute. It furthers an important or substantial governmental interest 2. The social values and importance of the specific aspect of the particular freedom Libel restricted by the legislation A libel is a public and malicious imputation of a crime. speeches that advocate dangerous ideas punishment of which has never been thought to raise any constitutional problems. then the Court will find the legislation valid. Four instances where clear and present danger test applies (Iglesio ni Kristo v. liberty of speech unless the intention and effect be seditious. after it has been written. imaginary. in order to proceed and that they may be abridged to some extent to serve appropriate and important effectively to bar all showings of unprotected films. Comelec administered in a manner which would lend an effect of finality to the censor’s determination whether a film constitutes protected expression Factors that are necessarily relevant in ascertaining the point or line of equilibrium a. it has been well observed that such utterances are no c. In short. Gonzales v. Identity of the person defamed e. 3. Clear and Present danger test 3. Perez O’Brien Test (a governmental regulation is sufficiently justified if): Privileged Communication . Its purpose is to prevent the debasement of the speaks not in response to duty but merely to injure the reputation of the person who political process. ie. The value and importance of the public interest sought to be secured by the of one who is dead. condition. In determining the validity of the law. free speech as a social value must claims to have been defamed Publication in Libel It means making the defamatory matter. Whether the specific restriction decreed by Congress is reasonably appropriate and 2. It is a question of proximity and degree. or to blacken the memory c. While the State may require advance submission of all films. Existence of malice achieved by some other measure less restrictive of the protected freedom Malicious Defamatory Imputation Doctrines: RA 4880 prohibits the too early nomination of political candidates and limits There is malice when the author of the imputation is prompted by ill-will or spite and the period for partisan political activity. whether the restriction is direct or indirect. Comelec Criticism. People v. Balancing of interests test If on balance it appears that the public interest served by restrictive legislation is of such a Censorship (film) Freedman v. the prevention and a. speeches that provoke a hostile audience reaction are (1) libel and (2) obscenity.

Whether the work depicts or describes.” Immunity of Derogatory Remarks in Newspaper To enjoy immunity. or employed. directly or indirectly. or of any priest. Whether the work. although it contains public safety and order. is and provide adequate and proper policing to minimize the risks of disorder and maintain privileged if made to a person having a corresponding interest. church. Since the right of assembly and petition is equally as fundamental as Other provisions expressing non-establishment principle freedom of expression. There is an actual case or controversy involving a conflict of rights susceptible of judicial that the work. political. Disciplinary action may be taken against students for conduct which “materially disrupts class work or involves substantial disorder or invasion of the rights of others. But attempts to regulate sex which does not come worship. Principal parts of Section 5: 1. preacher.The concept of privileged communications is implicit in the freedom of the press. In accordance with Vienna Convention which prohibits rallies or demonstrations proves that the statement was made in “actual malice. The non-establishment clause—prohibits the establishment of any religion Assembly and Petition 2. or scientific value Section 5: No law shall be made respecting an establishment of religion. applied. any Hall of Justice. Sullivan This rule was later extended to defamation of private adjacent to. CA place. licensing authority of the date. There is no showing that the distance between the chancery and the gate is less than recovering damages for a defamatory falsehood relating to his official conduct unless he 500 feet. there must be proof of sufficient weight to satisfy the clear and present danger test Libel of Public Officials and Public Figures The Constitutional guarantee requires a federal rule that prohibits a public official from 2.” within a radius of 500 feet from any foreign mission or chancery Actual Malice Demonstrations allowed in the vicinity of courts Demonstrators. The rule The Mayor possessed “reasonable discretion to determine or specify the streets or public on privileged communication is that a communication made in good faith on any subject places to be used for the assembly in order to secure convenient use thereof by others matter in which the communicator has an interest. sectarian institution. sexual conduct 2. taken as a whole. Whether the average person. or concerning which he has a duty. applying contemporary community standards would find 1. taken as a whole. artistic. a publication containing derogatory information must be not only be Requirements (for permit to be granted) true but also fair and it must be made in good faith and without comments or remarks. 1. or system of religion. To justify limitations on freedom of assembly. and any other building that houses at least one sala. The constitutional question is the very lis mota of the case 3. The applicant for a permit to hold an assembly should inform the incriminatory matter which. would be libelous and actionable. or prohibiting the free exercise thereof. in front of. Such Indecency activities unquestionably interrupt and hamper the working conditions in the sala. . paid. without discrimination or preference. barangay official and a PCGG Commissioner. lacks serious literary. No religious under the definition of obscenity for the purpose of protecting minors have failed on the test shall be required for the exercise of civil or political rights. without the privilege. The constitutional question is raised by a proper party and at the earliest opportunity specifically defined by the applicable state law 3. or within a radius of 200 meters from. The free exercise and enjoyment of religious profession and Doctrine: Obscenity may be banned. appeals to the prurient interest determination 2. Test for obscenity Court’s exercise of its power of judicial review 1. a. argument that the regulations deprive adults of shows which do not come under the definition of obscenity and are therefore legitimate for adults. the standards for allowable impairment of speech and press are also used for assembly and petition. for the use. rallyists and all It means with knowledge that it was false or with reckless disregard of whether it was other similar persons are enjoined from holding any activity on the sidewalks and streets false or not. or support of any sect. offices and chambers of the courts. The free exercise clause—guarantees the free exercise of religion The right of peaceable assembly is a right cognate to those of free speech and press and is equally fundamental. benefit. denomination. the public place where and the time when it will take Ledesma v. Obscenity and SC Building. the outer boundary of the sector public figures. 6—No public money or property shall be appropriated. Sec. such as internet sex. shall forever be allowed. NY Times v. in a patently offensive way. picketers. 29 (2) of Art.

and all lands. 6 Certification of food as halal. Basa b. Islamic Da’wah religion shall be allowed to be taught to their children or wards in public elementary and Council v. directly. other religious teacher. CA separation between Church and State: There is nothing unconstitutional or illegal in holding a fiesta. was upheld as for “public use” and any Purpose of the non-establishment clause: It protects 2 values. Secretary high schools within the regular class hours by instructors designated or approved by the . charitable. or priest or minister who is by them deprived of his sacred office. which are. 9-C—prohibits religious denominations and sects from being registered as political parties or organizations The expropriation of the birthplace of Felix Manalo. pass laws which aid one religion. or prefer one religion over the branded as illegal. a primary effect that neither advances nor inhibits religion 3. Sec. Exec. creed or form or worship of the church. and exclusively used for religious. or the adoption and enforcement within a religious association of needful laws and regulations for the Salary payments and reimbursements for secular textbooks and other instructional government of the membership. Allen. Board of Education v. Sec. and the power of excluding from such associations those materials under a system involving close government supervision were invalidated. Everson c. a secular legislative purpose religion is upheld. openly or secretly participate in the affairs of any religious organizations or groups Lending of secular textbooks to parochial school children and the grant of construction aid and vice versa for science buildings have been allowed. 6— Charitable institutions. or dignitary as such. then any activity intended to facilitate the a. aid all religions. voluntarism and benefits that would reap the adherents of Iglesia would only be incidental to the public insulation of the political process from interfaith dissension Intended to erect “a wall of historical purpose. which will not inquire into the correctness of the decisions of the ecclesiastical tribunals. 6 of Art. set up a church worship of the patron saint. 2—The separation of Church and State shall be inviolable a statute authorizing local districts to reimburse parents of Catholic school children for the cost of bus transportation to and from parochial school. 5. Sec.minister. School District Ecclesiastical affair v. Estenzo other c. founder of Iglesia ni Kristo. or dignitary is assigned to the armed forces. churches and personages or convents Religious practices which the government cannot encroach upon appurtenant thereto. preacher. Sec. cannot be b. Long and Almeria v. non-profit cemeteries. actually. 2(5) of Art. Board of Education v. for the purpose of preserving it as a historical landmark. without minister. is without remedy in the educational purposes shall be exempt from taxation. or a improvements. such as the acquisition and display of his image. as it is a socio-religious affair. Kurtzman Allowable government aid to religion The government aid must have Issuance of religious commemorative stamps as giving merely incidental benefits to 1. 28(3) of Art. Lemon deemed unworthy of membership Exceptions to the non-establishment clause v. Lemon v. religious authorities of the religion to which the children or wards belong. and A church member who is expelled from the membership by the church authorities. or additional cost to the Government. not require excessive entanglement with recipient institutions Cases/Doctrines (in violation of non-establishment clause) State sponsored Bible readings and prayers in public schools have been invalidated for violations of Sec. is a c. government orphanage or leprosarium Cases/Doctrines (not in violation of non-establishment clause): The Everson Court upheld b. one that is suitable for consumption by Muslims. except when such priest. Ruiz 2. mosques. Schempp One that concerns doctrine. civil courts. Aglipay v. 3(3) of Art. buildings. or to any penal institution. Sec. Meaning of the non-establishment clause The State cannot and having a patron saint for the barrio. Manosca v. 14— At the option expressed in writing by the parents or guardians. Kurtzman a. Garces v. religious exercise and cannot be performed by a government agency. 29(2) of Art.

Neither shall the right and executive sessions of Congress. as may be provided by law. transactions. the court saw violation of free exercise. violate the free exercise clause saying that freedom of religion requires that 1. or decisions. Pamil v. as well as to government research data used as basis for The State cannot require a license for the dissemination of religious literature. Manotoc Where a judge referred to the interest of Iglesia ni Kristo members in a case as Jr. Iglesia ni Section 7: The right of the people to information on matters of public concern shall be Kristo v. Criminal matters Section 6: The liberty of abode and of changing the same within the limits prescribed by 4. Teleron Secrecy of Bank Deposits Act. in the interest of national security. Victoriano v. much less a public official. the government. 2. while freedom persons who have. Elizalde national security. Trade secrets and banking transactions—pursuant to Intellectual Property Code.The Court cannot entertain a complaint about an expulsion or excommunication from a to travel be impaired except in the interest of national security. is privileged to characterize the actuation of its adherents in a derogatory sense. Bishop health. while it may look into the good faith of 2. City of Manila provided by law. unless the policy development. the privilege cannot still be invoked. Liberty of Abode—Freedom to choose and change one’s place of abode 1. liberty of abode was curtailed by “hamletting” discredited policy of probing religious beliefs by test oaths or limiting public offices to or the involuntary herding of people into one place secured by the military. Gillete v. or profess to have a belief in some particular kind of religious concept. Liberties guaranteed by Section 6 Meaning of the Free Exercise of Religion Embraces 2 concepts: 1. President Commission on Good Government . appointed to a municipal office. subject to such limitations as may be dissemination is done as a business operation for profit. provided that they are examined in “strict confidence” Cases/Doctrines (prohibition of religious tests) Sec. Access to official records. Right to information on matters of public concern protesting members be exempted from the operation of the law. No one. The corollary right of access to official records and documents Superintendent of Schools of Cebu Limitations The right to vote may yield to the right to free exercise of religion. Freedom to act—subject to government regulation Impairment of the 2 liberties 1. and information on inter-government exchanges prior to the conclusion Rope Workers Union of treaties and executive agreements. Gironella recognized. National security matters—state secrets regarding military. Where there is no need to protect state secrets. American Bible v. Liberty of abode—upon lawful order of the court and within the limits prescribed by Differentiation of cases of free exercise from cases of non-establishment: law Every violation of the free exercise clause involves compulsion whereas a violation of the non-establishment clause need not involve compulsion. v. and to documents and papers pertaining to official acts. shall be afforded the citizen. cannot inquire into a person’s religious pretensions 2. Right to Travel—Freedom to travel both within the country and outside a person. Watkins Cases/Doctrines (free exercise of religion) prevented by a court from leaving the country as this is a necessary consequence of the function of a bail bond which is to secure a person’s appearance when needed. Taruc v. public safety. Division 2. public safety. closed door Cabinet meetings law shall not be impaired except upon lawful order of the court. or public health and as may be provided by law Purpose of the prohibition of religious tests To render the government powerless “to restore the historically and constitutionally Cases/ Doctrines Under the Marcos regime. requiring compulsory participation by public school students in flag Rights guaranteed ceremonies. Ebralinag v. A person admitted to bail may be Torcaso v.” to travel was curtailed by denial of exit permits. Other confidential matters—diplomatic correspondence. diplomatic and other exercise of religious profession or belief is superior to contract rights. and the internal deliberations of the SC. or public church. Right to travel—by administrative authorities such as passport officers. 2175 of the Revised Administrative and given “scrupulous protection” Code is valid and enforceable which disqualifies an “ecclesiastic” from being elected or 2. Chavez v. The Flag Salute Law. and other related laws 3. Freedom to believe—absolute. CA “gimmickry”. US The free 1.

Narvasa Power of Eminent Domain The ultimate right of the sovereign power to appropriate. but even the private property of all citizens within the territorial A public agency. 12—public utilities. 3—sets down the limits on the inherent power some business. any citizen has “standing” to assert the right to information because if these managerial employees would belong to or be affiliated with a Union. Government. This has reference to government funded research data Information must be a matter of public concern Public concern embraces a broad spectrum of subjects which the public Cases/Doctrines: Art. once the committee makes its official The degree of protection an association enjoys depends on the position which the recommendation. Baldoza v. applicable to the right of access to information. it is an aspect of Right of access “to government research data used as basis for policy development” freedom of contract . The SC has ruled that employees of SSS and public school teachers do not have a constitutional right to strike. Meaning: The right to form associations is a general right of liberty. the latter might not be assured of their loyalty to the Union in view of evident conflict of Cases/Doctrines Information on on-going evaluation or review of bids or proposals being interest. provides that. 3 may want to know. association’s objective or activity occupies in the constitutional hierarchy of values. it may also be possessed by local governments. denied by law for valid reasons. cannot invoke the right to privacy as it belongs to the sovereignty. Sec. 2. accessibility of all public documents for inspection by the public within reasonable working hours. in the interest of national welfare or defense. NLRC and United Pepsi-Cola Supervisory Union v. . Secretary of Education the performance of their duties. subject to the reasonable claims of confidentiality. transaction. But by delegation. there are no “official acts. 13—land reform persons. there arises a “definite proposition” on the part of the government. or decisions” on the bids or proposals. in Teachers Assoc. PEA RA 6713. Lantaco Sr. 18 of Art. NAACP From this moment. to public purposes. CA and Manila Public School Code of Conduct and Ethical Standards for Public Officials and Employees. Sec. the public’s right to information attaches. However. Art. It may be the non-propriety information leading to such definite proposition. either because these directly affect their lives or simply because such Sec. examination or copying. discharges the same function of service to the people. Sec. examined or copied by interested 3. Charles River Bridge v. The State may. or societies for purposes not contrary to law shall regulation of speech and press and of assembly and petition and of association are not be abridged. While it is still on-going. Chavez v. 4 of Art. 18—idle or abandoned agricultural lands Power of eminent domain resides It is possessed by the State and is exercised by the national government. Sec. undertaken by the bidding or review committee is not immediately accessible under the Laguesma right to information. and any citizen can access all v. whether carrying out its sovereign attributes or running 1. inspection. Warren Bridge Constitutional individual and not to a corporation. like the GSIS. all public officials and employees are obliged to respond to letters sent by the public within 15 working days from receipt thereof and to ensure the Section 9: Private property shall not be taken for public use without just compensation. 245 prohibits managerial employees from forming or joining labor organizations right” Hence. such discretion does not carry with it the authority to prohibit access. 22 of Art. Alabama The right to strike it is not included in the right to form unions. 8 is subject to the condition that its exercise should be for purposes not contrary to matters arouse the interest of an ordinary citizen The right to information is a “public law. associations. SSS v. not only the public. Valmonte v. including those employed in the public and private Subject to limitations as may be provided by law: The standards developed for the sectors. Gonzales v. upon payment of just compensation. 9 of Art. 245 of the Labor Code is valid because the right guaranteed in Art. v. public officers in custody or control of public records have the discretion to regulate the manner in which such records may be inspected. The public nature of the loanable funds of the GSIS provisions on eminent domain and the public office held by the alleged borrowers make the information sought a matter of public concern. Judge Dimaano While Government. establish and operate vital industries and. The right of access is also subject to reasonable regulation for the convenience of and transfer to public ownership utilities and other private enterprises to be operated by the order in the office that has custody of the documents. Belmonte Jr. Section 8: The right of the people. Philips Industrial Development v. Llamas 4. to form unions. v.

the SC ruled that compensation for property expropriated must 1. advantage. that is. 19 of the Local Government Code to sell 1. purpose. There must be “just compensation” the later filing of the case Circumstances which need to concur to constitute “taking” But: in a long line of cases. The taking must be for “public use” b. It is the price fixed by the buyer and seller in the open market in the usual and ordinary the legislature and not through an inferior agency of the state. All that is required is notice to the owner of the property sought t be condemned. Province of Tayabas v. in the ordinary way of business Essential requisites for a local government unit to validly exercise eminent domain c. An ordinance is enacted by the local legislative council authorizing the local chief d. The expropriator must enter upon the private property be determined as of the time of the expropriating authority takes possession thereof and 2. b. Manila injuriously affected Electric Co. and aside from money. it is comes later than the time of taking plenary. Sarabia permanent 3. NPC v. 5. public or private. Scope of the power of eminent domain In the hands of Congress. The “public use” character of the purpose of the taking payment. to exercise the power of eminent domain or pursue e. the necessity and public course of legal trade and competition purpose of the taking are not subject to judicial review. While in eminent Under the Rules of Court. Perez Compensation. entry may be made by the condemnor after the deposit with domain. v. The price and value of the article established or shown by sale. Definition of “public use” Any use that is of utility. Value increased independently of what the expropriator did—then the value is that of 3. The property must be devoted to public use or otherwise informally appropriated or Trial by commissioners is a substantive right which a judge may not dispense with. Manila Railroad Co. eminent domain In police power. When is compensation just? It is just if the owner receives for his property a sum equivalent to its “market value” What is “market value?” Limitations on judicial review When land is expropriated for subdivision and resale for social justice purposes directly by a. Value of the property has increased because of the use to which the expropriator has 1. What is to be deposited is an amount productivity for the benefit of the public generally. The fair value of property as between one who desires to purchase and one who desires Pursuant to Sec. The general or ordinary price for which property may be sold in that locality expropriation proceedings over a particular private property . There is “taking” of private property put it—then it will be at the time of the taking 2. Pineda May entry be made by the expropriator prior to actual payment? Yes. the property is regulated and there is no compensation. and public utilities.other public entities. Elements of the exercise of the power of eminent domain a. The necessity of the taking. or of the court in determining provisional value. The entry must be under warrant or color of legal authority Determination of just compensation 4. The adequacy of the compensation has to suffer by reason of the expropriation. such as government bonds. The current price executive. The utilization of the property must be in such a way as to oust the owner and deprive Actual payment is unnecessary provided that a certain and adequate remedy is provided him of all beneficial enjoyment of the property by which the owner can obtain compensation without unreasonable delay. the property is taken where there is transfer of ownership and it must be the court of a preliminary amount determined by the judge. Republic v. No hearing is required for that police power. Judge Jocson Subject to judicial review Definition of “just compensation” The just and complete equivalent of the loss which the owner of the thing expropriated 1. 2. It is equivalent to “public welfare” in equivalent to the assessed value for taxation purposes. v. PD 42 removed the discretion compensated. This power is inalienable which means that the Point of reference for valuating a piece of property General rule: the value must be that as state cannot enter into a contract which in effect binds it not to exercise the power of of the time of the filing of the complaint for expropriation Exception: when the taking eminent domain. Paredes Police power v. The entrance must not be for a momentary period. must be in some form that embodies certainty of value and of 3. in behalf of the LGU. the entrance must be not as of the institution of the proceedings.

Heirs of Moreno contracts and therefore are covered by the clause. if the amount of rental is changed. property acquired by the impair the obligation of contracts. the change must impair the obligation of the existing contracts. A rehabilitation plan approved by v. Under RA 8974. the State is free to dispose of it at will. public purpose. However. Where there is a valid and subsisting . if it is any other property such as public buildings or legua communal valid exercise of police power. US v. public use requirement. which authorizes for its satisfaction something different from that provided in its terms. or Cases/Doctrines: The right of eminent domain cannot be limited by EO 132. compensation is substance of a contract is violative of the Constitution especially if it is in pursuance of the required. to be expropriated. Clemons v. it requires prior negotiation for purchase or donation. sale or by the lack of any agreement as to price. NPC v. or dispenses with those expressed. As to freedom of religion. The order of priority in acquiring land for socialized housing—private lands rank last in 2. the government must make a direct payment (not just a deposit) of the Needless to state. Misericordia because just as the state cannot contract away its police power so also it cannot contract away its power to tax. Judge Gingoyon agreements are the principal instruments by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. the Court ruled that the free exercise of When one or more of these property interests are appropriated and applied to some religion is superior to contract rights. Sps. Mactan-Cebu International Airport Expropriation for “socialized housing” satisfies the statute which merely suspends the actions for claims does not violate the contract clause. there is no benefit of the poor and the landless reason for the expropriation. Noble v. The power of eminent domain is exercised for public use. With respect to public contracts. The amount of rental land to be expropriated but the number of people to be benefited. but said offer was not accepted To fall within the prohibition Limitations on the eminent domain powers of local government 1. They are not Expropriation lies only when it is made necessary by the opposition of the owner to the deemed contracts within the purview of the due process of law clause. the determinative element is not the size of the It is a different matter. Nolting guidance only of executive officers. It cannot be considered a condition precedent for expropriation for thus it would be an unconstitutional limitation of the inherent right of This limitation is addressed to The exercise of legislative or quasi-legislative power and not eminent domain. Guerrero is an essential condition of any lease contract. Hierarchies With respect to private contracts. There is payment of just compensation 4. Republic v. there is already compensable taking even if the bare title to the property still remains with the private owner. permits and license Republic v. either in the time or mode of performance. or imposes new conditions. Sumulong v. Juan on the exercise of judicial or quasi-judicial power. the impairment must be substantial the order of priority for purposes of socialized housing 2. Rutter Estaban held by the municipality for the State in trust for the inhabitants. If the expropriator does not use the property for a public purpose but The clause protects contracts with the government or public contracts. Reyes Not all impairment of the municipality with its private funds in its corporate or private capacity. purpose or welfare. Causby A mere change in procedural remedies which does not change the substance of a contract and which at the same time still leaves an efficacious remedy for enforcement does not If it is patrimonial property of the municipality. or for the contract. Franchises are sells it to a private user. between the owners of the property and the expropriating authority. the question about the power to tax is irrelevant because a tax law does not The acquisition of mere right of way is an exercise of the power of eminent domain since it alter the relation between the parties. Manila Trading v. that is. and 1. the answer is NO perpetually deprives defendants of their property rights. Timber licenses. The resort to expropriation proceedings as a means to acquiring it—may be resorted to Substantial impairment only after the other modes of acquisition are exhausted A law which changes the terms of a legal contract between parties. City of Manila 3. the property reverts to the owner in fee simple. since it is purely administrative for the is null and void. the change of its rate in the Rehabilitation Plan is not justified as it proffered value of the property before it can enter and exercise proprietary rights. hence. For this purpose. however. impairs the stipulation between the parties. A valid and definite offer has been previously made to the owner of the property sought Section 10: No law impairing the obligation of contracts shall be passed.2.

Such a denial is a misfit in a country dedicated to affording equal justice to all and special privileges to none in the administration of its Circumstances not covered by the rights criminal law. domestic servants and laborers. private persons. Ramos 2. Police line-up Section 12: Any person under investigation for the commission of an offense shall have c. incommunicado. Almeda Lopez Custodial investigation Any questioning initiated by law enforcement officers after a person has been taken into Cases/Doctrines Contrary to earlier rule. Right to remain silent People v. Voluntary admission or surrender where one presents himself to the police to the right to be informed of his right to remain silent and to have competent and surrender independent counsel preferably of his own choice.Section 11: Free access to the courts and quasi-judicial bodies and adequate legal These rights begin to be available where “the investigation is no longer a general inquiry assistance shall not be denied to any person by reason of poverty. and their families. merely to determine whether there are facts that merit disciplinary measure against Secret detention places. Loveria property or sources of income sufficient for their support aside from their own labor through self-supporting when able to work and in employment. he must be provided with one. violence. If the person cannot afford the d. with the purpose of maintain the dignity of are prohibited. Justice Black: there is no meaningful distinction between a rule which extends to the practice of issuing an “invitation” to a person who is investigated in would deny the poor the right to defend themselves in a trial court and one which connection with an offense he is suspected to have committed. People v. Right to competent and independent counsel preferably of his own choice 3. force. atmosphere of custodial investigations. Judge Cruz Availability of the rights . an appellate court may entertain a petition to custody or otherwise deprived of his freedom of action in any significant way. Investigation by an administrative body—because such inquiries are conducted intimidation or any other means which vitiates the free will shall be used against him. Gamboa v. enough to pay the costs in advance. into an unsolved crime but has begun to focus on a particular suspect. These rights cannot be waived officials who are not law enforcers except in writing and in the presence of counsel. It also litigate as a pauper. Persons under preliminary investigations or those already charged in court for a the amount of money he has. Right to be informed of his rights It must be presumed to contemplate the transmission of a meaningful information rather Rights of a person under investigation than just the ceremonial and perfunctory recitation of an abstract constitutional principle. if not physical. Spontaneous statements even when under police custody civil sanctions for violations of this section as well as compensation to and rehabilitation g. public services of counsel. in the Upon the start of an investigation. threat. Those protected include low been taken into custody or otherwise deprived of his freedom of action in any significant paid employees. Any confession or admission obtained in violation of this or section 17 government service hereof shall be inadmissible in evidence against him. The right to be informed of such rights Reason for the rights: Right to Counsel attaches To prevent psychological. 17 Rule 5 of itself to eliciting incriminating statements. without prejudice to the effectively denies the poor an adequate appellate review accorded to all who have money liability of the “inviting” officer for any violation of law. Paraffin test of victims of torture or similar practices. respondent/accused. 1. i. or other similar forms of detention the erring public officers or employees. There can be no equal justice where the kind of trial a man gets depends on a. Cabangis v.” Escobedo v.e. Illinois Available after a person has the New Rules of Court allowing litigation in forma pauperis. the suspect has been taken into police custody. crime for these are already under the supervision of a court b. e. Verbal confessions to a radio announcer or to media. The law shall provide for penal and f. “Indigent” persons Persons who have no way. when the investigating officer starts to ask absence of proper safeguards Scope of the rights Extends only to testimonial compulsion questions to elicit information and/or confessions or admissions from the and not when the body of the accused is proposed to be examined. the police carry out a process of interrogation that lends Significance This constitutional provision is the basis for the provision of Sec. No torture. solitary.

Signed. an admission is something less than a confession. before conviction. statement and discuss it with the client who subsequently signs it Legal effect of the violation of these rights Any confession or admission obtained in violation of this or Definition of Bail Section 17 (provision against self-incrimination) hereof shall be inadmissible in evidence A mode short of confinement which would. force. A barangay captain 2. which must concur Persons who have no guilt of the crime charged. Enable him to prepare his defense without being subject to punishment prior to or of any offense necessarily included therein. and 2. The confession must be express. 1. Because they vitiate truth c. may be given in evidence against him. Jerez 3. with reasonable certainty. It is in nature of a contract between the surety and the state. 2. in connection with proof of other facts. actually detained Exception: those charged with offenses punishable by reclusion A confession is an acknowledgment in express terms. conviction 33 of Rule 130 of Rules of Court Persons who have a constitutional right to bail General Rule: Available to all persons Wharton distinguishes a confession from an admission. and 4. of his perpetua when evidence of guilt is strong. 26 of Rule 130 of Rules of Court Reason for the award of bail to the accused 1. Confession accused for trial. in the absence of a counsel. municipal attorney or counsel of the police whose interest is admittedly adverse to the accused Reasons why torture. Maqueda When can the lost of the right to bail be determined? Only after hearing. Sec. insure the against him. Special counsel. Those charged with an offense punishable by reclusion perpetua. The evidence against him is strong In other words. etc. or be released on recognizance as may be provided by law. The confession must be voluntary the accused never raised any objection against the appointment during the course of the 2. direct or constitutional right to bail implied. attendance of the accused at his trial Usually takes form of a deposit of money or its equivalent as a guarantee if such attendance and which deposit is forfeited upon failure to Valid waiver of rights appear 1. The confession must be in writing Lawyers who are not deemed independent counsel 5. The right When an extrajudicial confession is made. Sec. preferably of the confessant’s choice the swearing officer. and 2. People v. People v. while an admission is a statement by the accused. by a party in a criminal case. shall.When is a lawyer provided by the investigators deemed engaged by the accused? When 1. Must be made in writing. of facts pertinent to the issue and tending. since it is based Requisites for an extrajudicial confession to be admissible in evidence on the nature of the offense and the quantum of evidence against him . In the presence of a counsel Definition of Recognizance An obligation of record entered into before a court guaranteeing the appearance of the Admission v. Because they are an assault on the dignity of the person d. except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. but where at the to bail shall not be impaired even when the privilege of the writ of habeas corpus is closing stage of the interrogation. Mayor 1. are prohibited b. counsel arrives and has the opportunity to read the suspended. to prove his guilt. Admission of a party—the act. The confession must be made with the assistance of a competent and independent investigation and the accused thereafter subscribes to the veracity of his statement before counsel. Excessive bail shall not be required. be bailable by Substantial compliance sufficient sureties. public or private prosecutor. Honor the presumption of innocence until his guilt is proven beyond reasonable doubt Confession—the declaration of an accused acknowledging his guilt of the offense charged. thumbmarked by him a. or if the confessant does not know how to read and write. Any other whose interest may be adverse to that of the accused Section 13: All persons. declaration or omission of party as to a relevant fact may be given in evidence against him.

If the accused is under bond for appearance at trial in other cases the purpose of enabling the court to exercise its sound discretion 3. US v. Hence. The constitutional right is available only in criminal cases. Imposed for serious offenses penalized by special laws informed of the nature and cause of the accusation against him. Does not carry accessory penalty impartial. and that he will probably be punished capitally if the law is administered. Reclusion perpetua Life imprisonment contrary is proved. A bail bond is intended to make a person available any time he is b. e. Carries accessory penalty c. Presumption great exists when the circumstances testified to are such that the needed by the court. Judge Puruganan a. Character and strength of the evidence 1. and to have compulsory c.g. 2. Notify the prosecutor of the hearing of the application for bail or require him to submit 7. to have a speedy. Ability of the accused to give bail 1. Incarceration for at least 30 years after which the convict becomes eligible for pardon Due process in criminal cases The procedure established by law must be followed Satisfaction of the due process Implicit limitations on the right to bail requirement in criminal cases. that accused is the guilty agent. trial may proceed notwithstanding the absence of Reclusion perpetua the accused provided that he has been duly notified and his failure to appear is a. Forfeiture of other bonds 2.. Proof evident or Evident proof—clear. a respondent in an extradition proceeding Meaning of “strong evidence of guilt for purposes of denying bail” is not entitled to bail. clear. The person claiming the right must be under actual detention Accused is informed as to why he is proceeded against and what charge he has to meet. A person may be prevented from leaving the country as a necessary consequence of the admission of bail. it can amount to a denial of bail. Character and reputation of the accused 5. strong evidence which leads a well-guarded dispassionate judgment to the conclusion that the offense has been committed as Bail cannot be excessive for if so. Does not have any definite extent or duration process to secure the attendance of witnesses and the production of evidence in his behalf. after arraignment. Manotoc v. de Villa bail bond Extradition is not a criminal proceeding. Ca inference of guilt naturally to be drawn therefrom is strong. and shall enjoy the right to be heard by himself and counsel. Factors to be considered in determining the amount of bail Under the custody of the law 1. to be a. When the person is arrested 2. 4. Enage charged. Health of the accused Duties of the trial judge in case an application of bail is filed 6. in deportation with his conviction being made to rest on evidence that is not tainted with falsity after full proceedings opportunity for him for rebutting it and the sentence being imposed in accordance with . b. 1. Decide whether the evidence of guilt of the accused is strong based on the summary of Cases/Doctrines Right to bail is not available to soldiers under court martial because they evidence of the prosecution are allowed the fiduciary right to bear arms and can therefore cause great havoc. Penalty for the offense charged surrendering to the proper authorities 4. b. the accused shall be presumed innocent until the Life imprisonment v. Probability of the accused appearing in trial his recommendation 8. However. Conduct a hearing of the application for bail regardless of whether or not the 9. and convincing to an unbiased judgment and excludes all reasonable probability of any other conclusion Section 14: No person shall be held to answer for a criminal offense without due process of law. If the guilt of the accused is not strong. De la Camara v. Whether the accused was fugitive from justice when arrested prosecution refuses to present evidence to show that the guilt of the accused is strong for 10. When he has voluntarily submitted himself to the jurisdiction of the court by 3. discharge the accused upon the approval f the Comendador v. In all criminal prosecutions. Prescribed under the RPC unjustifiable. not. and public trial. to meet the witnesses face to face. Nature of the offense 2.

Gonzaga v. which states that “filing of charges for the commission of such crimes 1. he was granted a new trial for he has a right to a qualified counsel. The right to counsel bar. and enacting what oficio for the accused who has no counsel of choice and desires to employ the services of evidence shall be sufficient to overcome such presumption of innocence. not simply that they might be. he may be compelled to appear for the purpose of identification by To warrant a finding of prejudicial publicity. after conviction. People v. over civilians for offenses allegedly committed by them as long as 3. The right to an impartial judge 4. accused is with the prosecution.” are not bound to follow the rules of criminal procedure. The burden of proof to establish the guilt of the liberty. there must be allegation and proof that the the witnesses of the prosecution judges have been unduly influenced. No such duty exists where the accused facie evidences. Libuit v. US v. His failure to appear is unjustifiable the civil courts are open and functioning. they may not impose criminal penalties. wherein the prosecution is represented by an experienced and learned counsel. Olaguer v. Zerbst Cases/Doctrines under presumption of innocence Duties of the trial judge at the pre-arraignment Sec. Military Commission Reason for allowing trial in absentia Presumption of innocence To speed up the disposition of criminal cases Reason for the right to counsel of the Its principal effect is that no person shall be convicted unless the prosecution has proved accused To protect himself when brought before a tribunal with power to take his life or him guilty beyond reasonable doubt. 4 of BP 52. The right of confrontation . Sandiganbayan Scope of the right to be present at the trial It covers only the period from arraignment to Cases/Doctrines under due process promulgation of sentence. even during the 2.” is violative of the guarantee of presumption of innocence. The right to be present at the trial When the accused discovered. the court must give him a reasonable Preventive suspension pendent lite does not violate the right to be presumed innocent time to get one because it is not a penalty. Buscayno & Sison v. by the barrage of 2. CA the SC has no supervisory authority over military person named as the defendant in the case on trial courts. de leon Generally. Webb v. a counsel de oficio must be v. The accused has already been arraigned A military commission or tribunal cannot try and exercise jurisdiction. where it is assumed that the court that rendered the decision is one of competent 5. People v Narajos Since administrative agencies he has been duly notified and his failure to appear is unjustifiable. but cannot afford one. If the accused desires to obtain his own counsel. Provided he unqualifiedly admits in open court after his arraignment that he is the publicity. it has been modified by Section 14(2) that “after A judge who replaces another judge may validly render a decision although he has only arraignment. Inform the accused that he has a right to a counsel before arraignment before a civil court or military tribunal after preliminary investigation shall be prima facie 2. Micaller Conditions for waiver of the right to be present at the trial 1. Comelec appointed 4. After arraignment. Mingoa has proceeded to arraignment and then trial with a counsel of his own choice. Dumlao 3. Luling Johnson v. that his lawyer was not a member of the 2. and period of martial law. If the accused desires counsel. He has been duly notified of the trial. Nunez v. the SC may review decisions of the Court of Military Appeals. Military Commission Requisites of a valid trial in absentia 1. trial may proceed notwithstanding the absence of the accused provided that partly heard the testimony of witnesses. Socty’s Department Store v. Sandiganbayan There is no constitutional objection to a law providing that the presumption of innocence may be overcome by a contrary Cases/Doctrines under the right to counsel The duty of the court to appoint a counsel de presumption founded upon the experience of human conduct. Delgado v. such as prima one is mandatory only at the time of arraignment. Ask the accused if he desires the aid of counsel evidence of such fact. The right to compulsory process to secure the attendance of witnesses jurisdiction. However. however. People Elements of the right to be heard 1.

A statement of the acts or omission so complained of as constituting the offense Exceptions to the right of confrontation 4. but also. The place where the offense had been committed Affidavit executed by a witness may not be admitted in evidence if the witness is not produced in court. The name of the offended party 1. Admissibility of “dying declarations” 5. the precise 2. the right to a public trial is 3. Length of the delay 2. “offensive to decency or public morals. irrespective of relationship to defendants. The accused is entitled to dismissal of the case through mandamus. not only to secure the attendance of witnesses in his behalf. To avail himself of his conviction or acquittal for protection against a further prosecution for the same cause Where the arraignment and hearing were not held in court. Garcia v. The designation given to the offense by the statute 3. General Fabian An additional requirement to the one laid down in the 1935 version is the right to have compulsory process.There is no denial of the right to counsel where a counsel de oficio was appointed during the absence of the accused’s counsel de parte. Effort of the defendant to assert his right during the preliminary examination nor to cross-examine the witnesses presented against 4. facts must be stated and not conclusions of law to satisfy this right. Dismissal here is equivalent to an acquittal and is Presumption in the matter of waiver of a constitutional right a bar to another prosecution for the same offense. Siochi When does the delay start? One begins to count the delay of the trial only after the filing of the information. The public was excluded 2. 5 of Rule 112. to release by habeas corpus. so that it may decide whether they are violated when sufficient in law to support a conviction. Marinas v. the delay contemplated here is unreasonable delay. Trial in absentia time is not essential 6. People v. The approximate time and fate of the commission of the offense—hence. pursuant to the court’s desire to finish the Right to a public trial case early as practicable under the continuous trial system. an accused is not entitled as a matter of right to be present 3. Ramos Extra-judicial statements of an accused implicating Factors to consider if the right to speedy trial has been violated another cannot be used against the latter. To inform the court of the facts alleged. The accused was prejudiced Scope of the right to be informed The complaint must contain a specific allegation of every 3.” the proceeding may be limited to friends. to secure the production of evidence in his behalf. Enrile and counsel. The accused objected during the trial fact and circumstance necessary to constitute the crime charged. Reason of the delay Under Sec. To enable the accused to make his defense based on the description of the charge To serve as a safeguard against any attempt to employ our courts as instruments for against him persecution. must contain examination 1. the purpose of said examination being merely to determine whether or not there is sufficient reason to issue a warrant of arrest. People v. to satisfy the right of the accused to be informed. Exception to a right to a public trial When the evidence to be presented is characterized as A person may not be denied the right to confer with counsel even in times of emergency. if he is under detention. relatives Diokno v. if one should be had 1. People v. Purpose of the Right to be informed Purpose of the right to a public trial 1. . The name of the accused 2. Domingo 2. Purpose of the right of confrontation or the right to meet witness face to face 1. Hence. Larranaga A trial is public when attendance is open to all. To allow the judge to observe the deportation or demeanor of the witness 2. Moreover. Prejudice caused to the defendant him before his arrest. Remedy for violation of the right to speedy trial. To afford the accused an opportunity to test the testimony of the witness by cross A criminal information. de la Cruz 1. and. Martin Compulsory process v.

to founded or Remedy for the violation of this right Dismissal through mandamus groundless fear. The length of delay shall consider in that behalf 2. all judicial. and 2. and receive whatever the court or judge awarding the writ 1. cases covers all phases (before. Prudential or political approach—asks the question: “Aare there overriding availability of the right In criminal case. US v. the mental faculty of choice or the unhampered exercise of the will. ie.The presumption is always against the waiver. Section 15: The privilege of the writ of habeas corpus shall not be suspended except in Right to speedy disposition of cases v. Purpose of the guarantee against self-incrimination It was established on the grounds of What is the “privilege of the writ of habeas corpus”? It is the right to have an immediate a. A writ directed to the person detaining another. while the Right to speedy trial covers only the trial phase of Definition of writ of habeas corpus criminal cases. quasi-judicial. it would place the witness determination of the legality of the deprivation of physical liberty. a person  Interference by the courts in the decision can result in tying the hands of those charged who is a witness but not an accused may assert the right only when the incriminating with maintaining order question is asked . submit to. Right to speedy trial Right to speedy disposition of cases of invasion or rebellion when the public safety requires it. Reason for the delay 3. Who suspends the under the strongest temptation to commit the crime of perjury. to erroneous belief in the existence of an imaginary power of an imposter to cause harm if not blindly obeyed. Humanity—because it would prevent the extorting of confessions by duress. or administrative bodies. to any other psychological element that may curtail Section 17: No person shall be compelled to be a witness against himself. while. Freedom may be lost due to external moral compulsion. to do. The prosecution must prove with strongly convincing evidence to the satisfaction of this Court that indeed that accused willingly and Section 16: All persons shall have the right to a speedy disposition of their cases before voluntarily submitted his confession and knowingly and deliberately manifested. not an inclusion of his body in posed?” evidence. The Right includes a right to refuse to testify to a fact 1. during and after) of any judicial. and privilege? b. Tan Teng  The executive and legislative departments have the machinery for verifying the existence of those facts whereas the courts do not Kinds of proceedings where the right may be asserted In any judicial or administrative proceeding or in any official government enquiry Time of 3. when it may be material. an consideration which prevent the Court from entering the thicket?” accused has an absolute right to be silent in all stages of the proceedings. he alone is the judge of the existence of those facts What is covered by the right against self-incrimination clause? The use of physical or moral 2. Public policy—because if the party were required to testify. quasi-judicial or administrative proceedings. Existence of actual invasion or rebellion. even if it tends to elicit only one of said elements. a crime or a criminal act may contain two or 3 faces of the political question doctrines: (combination of all three) more elements and that a question would have a tendency to incriminate. CJ Marshall opinion of certain facts. Assertion of the right or failure to assert it Prime requisite for its availability 4. Prejudice caused by the delay Actual deprivation of personal liberty. Functional approach—asks the question: “Are we capable of resolving the problem compulsion to extort communication from the witness. from the moment he is asked to testify. The President When may the privilege be suspended? Persons who are protected by this right = Only natural persons 1. Public safety requires the suspension When is a question incriminating? Usually. with the day and cause of his caption and Factors to be considered to know if the right has been violated detention. commanding him to produce the body of the prisoner at a designated time and place. liberty may be lost not by physical compulsion alone. however. Textual approach—asks the question: “What does the letter of the constitution say?” which would be a necessary link in a chain of evidence to prove the commission of a crime  When the law grants discretionary authority to a person to be exercised upon his by a witness.

US 4. Beltran v. No involuntary servitude in any form shall exist except as a punishment for 3. It may not be waived by the court nor by the accused d. even if the restrictions validly established. psychological. It must not be unacceptable to contemporary society to be a witness against himself. Freedom of political belief A provision from the French Constitution which says: “No man manifests a reluctance to impose the death penalty is to be interfered with because of his opinions. 4. that they may incriminate him personally. Henkel Guides for determining whether a punishment is “cruel and unusual” 1. It must not be applied arbitrarily him. The review of death sentences first by the CA and next by the SC is now automatic and Every condition of enforced. c. provided his avowal of them does not disturb public order or established law. nor cruel. Any death criminal proceedings.” Effects of RA 9346 a. A return-to-work order penalty but merely prohibits its imposition. Compulsory production of private books and papers of the owner is compelling him 3. compulsory service of one to another no matter under what mandatory form such servitude may be disguised. Requirement for the restoration of the death penalty . Section 19: Excessive fines shall not be imposed. US penalty is not carried out 2. The law itself. the congress hereafter provides for it. unless. It must not be excessive. It disallows imposition of the death penalty Definition of Involuntary Servitude b. it must serve a penal purpose more effectively than a less severe punishment would The privilege which exists as to private papers. degrading or inhuman”? It must be flagrantly and plainly oppressive. writing is not a purely mechanical act. Penology favors reformative rather than vindictive penalties a crime whereof the party shall have been duly convicted. cannot be maintained in relation to records required by law to be kept in order that there may be suitable information of transaction Reasons why the Constitution abolished the death penalty which are the appropriate subjects of governmental regulation and the enforcement of 1. hence. Production of such papers would not be self- incrimination but incrimination by the corporation. In the interest of national defense. 2. Neither shall death penalty be imposed. wholly disproportionate to the nature of the offense as to shock the moreal A corporate officer may not prevent the production of corporate papers on the ground sense of the community. Boyd v. by imposing so many safeguards before a death penalty is carried out. Life is too precious a gift to be placed at the discretion of human judge 5. A punishment must not be so severe as to be degrading to the dignity of human beings A person may not be compelled to produce private books and papers to be used against 2. There is no convincing evidence that it acts effectively as a deterrent against the Section 18: No person shall be detained solely by reason of his political beliefs and commission of serious offenses aspirations. Hale v. for compelling If the nature of the penalty that may be imposed partakes the nature similar as that in reasons involving heinous crimes. or Cases/Doctrines Writing is something more than moving the body. But review of reclusion perpetua may be waived Exceptions to the rule against involuntary servitude 1. Samson When is a penalty “cruel. or the the use of substandard or inadequate penal facilities under subhuman conditions shall fingers. i. intelligence and attention. because it requires the application of the be dealt with by law. It inflicts traumatic pains not just to the convict but also on the family. or the hand. and is thus covered by the right against self-incrimination. It is reduced to only two grades. since the language of the provision does not abolish the death 3. and not under the personal military or civil service three-grade-scheme. all citizens may be compelled by law to render It is reduced to reclusion perpetua. penal in nature penalty already imposed shall be reduced to reclusion perpetua. or degrading punishment against any prisoner or detainee. Imposed as a punishment for a crime whereof the party shall have been duly convicted Effect of the abolition of death penalty on application of penal laws. degrading or inhuman Availability of the right in administrative and civil proceedings punishment inflicted.e. Shapiro v. The employment of physical.

Aggravating circumstances which attend the commission of the crime in accordance either shall constitute a bar to another prosecution for the same act. That Congress specify and penalize by death only crimes that qualify as heinous in accordance with its definition Meaning of “debt” Any liability to pay money growing out of a contract. The Congress must define or describe what is meant by heinous crimes imposed in a proper criminal proceeding. implicitly admits that it is not be cruel and 1. and these are offense. 1. After arraignment operations and facilities of penal institutions 4. it is referred to as fraudulent debt. in particular. property. it is 3. suffrage In trial court or in automatic review. By “dismissal” on the merits aiming at the Abolition of the Death Penalty was neither signed nor ratified by the Philippines. The second jeopardy must be for the same offense as that in the first disproportionate to the offense. civilized and ordered society. Other circumstances which attend the commission of the crime which indubitably Requisites for a valid defense of double jeopardy characterize the same as heinous in contemplation of RA 7659 1. it is a tax the payment of which is made a requirement for the exercise repugnant and outrageous to the common standards and norms of decency and morality of the right of suffrage. All these require judicial orders in the absence of implementing laws to 2. A first jeopardy must have attached prior to the second 2. by reason Definition of “poll tax” Historically. atrocity and perversity are identification. If an act is punished by a law and an ordinance. By dismissal without express consent of the accused abolish it for other than the “most serious crimes” The Second Protocol to the ICCPR 4. Before a competent court provide direct measures to correct violations of human rights or institute alterations in the 3. Jeopardy attaches Custodial cruelties and inadequate penal facilities 1. with the RPC b. But a . under any circumstance. odious and hateful offenses and which. the Court must consider certain facts before the Section 21: No person shall be twice put in jeopardy of punishment for the same death penalty may be imposed. either as merits of the case a substitute for satisfaction of a debt or as a means of compelling satisfaction. 3. By acquittal inhuman. If the dismissal is made upon motion. Upon a good indictment or under a complaint or information sufficient in form and Courts in other jurisdictions have ordered the closure of substandard and outmoded penal substance to sustain a conviction institutions. Now. Exceptions to the general rule that dismissal or termination of the case after arraignment and plea to a valid information shall be a bar to another prosecution (no double jeopardy) Section 20: No person shall be imprisoned for debt or non-payment of a poll tax. in a just. The dismissal is not an acquittal or based upon consideration of the evidence or of the No person may be imprisoned for debt in virtue of an order in a civil proceeding. Article 6 of the ICCPR is interpreted as saying that “State parties are not obliged 2. After a valid plea Cases/Doctrines By making the imposition of death penalty automatically reviewable and First jeopardy terminates by allowing the possibility of its restoration. or other substantive requirement” for the exercise of mandatory. of the defendant/accused Explanation of the prohibition against imprisonment for debt 2. By final conviction to abolish the death penalty totally. in this sense. The first jeopardy must have terminated When is a fine “excessive”? It is excessive when. viciousness. It must be based on compelling reasons involving heinous crimes person may be imprisoned as a penalty for a crime arising from a contractual debt and 2. 5 Sec. conviction or acquittal under a. is prohibited by Art.1. or with the express consent. Character of the death penalty in RA 7659 It is not 1 which disallows “literacy. they are obliged to limit its use and. it is a cedula which is used for purposes of of their inherent or manifest wickedness. to 3. The imposition of poll tax. express or implied Heinous crimes (RA 7659) Crimes are heinous for being grievous.

on the dismissal of the case based on denial of the right to a speedy trial. Rivera Jr. and the reviewing authority. 9 of Rule 117 of the Rules of Court (definition of “same Verbal dismissal is not final until written and signed by the judge. People v. for for further proceedings. . which changes the character of the offense and together with the facts b. Any Cases/Doctrines form of recommendation made by the commission does not amount to the termination of Dismissal for denial of the right to a speedy trial is a dismissal on the merits and amounts the case. Dismissal based on a demurrer of evidence where it is a dismissal based on the merits A judgment of acquittal is immediately final. there is no possibility for the accused. A military commission acts merely as a commissioner who takes the evidence and reports thereon with his recommendation. Where after the first prosecution. If. a decision of a military tribunal. does not change the legal effect of the dismissal. People v. Almario v. whether one offense necessarily includes or is necessarily included in the other jurisdiction. the accused presents evidence to mitigate. whether it is an attempt or frustration of the other When the dismissal of the case constitutes abuse of discretion amounting to lack of c. Supervening facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence. People The offense”) use of the word “provisional”. d. Dismissal based on violation of the right to a speedy trial where this amounts to acquittal Finality of judgment b. upon pleading guilty. the case would have to be remanded to the court of origin a. the dismissal. The plea of guilty to the lesser offense was made without the consent of the fiscal and Examples of termination of jeopardy the offended party. it would not be considered as a supervening event. no omission constituting the former charge. Esmena v. If information does not charge any offense responsible. Flores v. v. If the judgment of acquittal is void for having been given without jurisdiction. But when upon examination of the facts and the court find that the delays were justifiable and the dismissal was upon the instance of the accused. is merely recommendatory and subject to review by the convening authority. and the court thereafter acquits him without entering a new plea of not guilty c. there is no When is the second offense charged the same as the first offense? The Same Evidence double jeopardy. be it of acquittal or of conviction. a. Discharge of an accused to be a state witness which amounts to an acquittal Effect of appeal by the accused/defendant. hence. When the second offense was not in existence at the time of the first prosecution. Cabrera judgment cannot be a basis for a plea of double jeopardy. constitute a new and distinct offense. during the first prosecution. The whole case will be open to Under military law. is invalid and is therefore no bar to a reinstatement of the case. subsequent to a motion for period for appeal has elapsed or when the sentence has been totally or partially served or reinvestigation filed by the accused when the defendant has expressly waived his right to appeal. The facts constituting the graver offense became known or were discovered only after d. there is no double jeopardy him. CA Test: whether the evidence needed in the one case will support a conviction in the other (general sense) By virtue of Sec. Enrile to an acquittal. competent jurisdiction d. CA But if the facts 2. even if made on the merits. exempt or justify existing at the time. When one act violates two different statutes or two different provisions of a statute. to determine the guilt or innocence of the defendant the simple reason that in such a case. to be convicted for an offense that was then inexistent Circumstances when double jeopardy does not attach b. If the information for an offense cognizable by the RTC is filed with the MTC. Such court may even increase the penalties imposed on the dismissal. a new fact supervenes for which the defendant is a. or review by the appellate court. A judgment of conviction is final when the c. Pogoy a. If a complaint filed for preliminary investigation is dismissed the filing of the former information. Decisions by military tribunalS The accused waives his right to plead double jeopardy. Pablo Exceptions to the requirement of sameness of offense 1. Dismissal based on motion of the prosecution. e. the prosecution under one is not a bar to prosecution under the other. accused by the trial court. People v. The graver offense developed due to a supervening fact arising from the same act or c. The question to be passed upon by the appellate court is purely legal so that should the Supervening facts dismissal be found incorrect. the review boards.3. whether one offense is identical with the other b.

which assumes to regulate civil rights and remedies only BUT. Hence. when done. there is a violation of the prohibition against bills may be favorable to the accused then it can have retroactive effect A law is penal when of attainder. which provides forfeiture in favor of the State of any property illegally obtained 1. it prescribes a criminal penalty imposable in a criminal trial b. which makes an action done before the passing of the law. and being merely an amendatory statute it does not partake the nature of an ex post facto law. which reverts the jurisdiction of the Sandiganbayan over the Kuratong Baleleng Section 22: No ex-post facto law or bill of attainder shall be enacted. Katigbak v. Sol-Gen 2. 4. The penal burden is imposed directly by the law without judicial trial Cases/Doctrines . in personam (criminal)—indictment is presented before forfeiture Bill of pains and penalties An act which inflicts punishment less than death without judicial trial Bill of Attainder A legislative act which inflicts punishment without judicial trial. Missouri a. case. unless such law imposed by the legislature without trial. Cummings v. Lacson v. Executive Secretary Definition of ex-post facto law An ex post facto law has been defined as one RA 1379. 3. not be given retroactive effect. whether it applies to named individuals or to easily ascertainable members of a group. It also includes bills of pains and penalties. which alters the legal rules of evidence and receives less testimony than the law evidence or mode of trial. Beazell v. or a of attainder. proclamation of amnesty. and when this is Effect of ex post facto law It only prohibits retrospectivity of penal laws. in rem (civil)—proceedings which do not involve the conviction of the wrongdoer for the offense charged b. and punishes such action. There must be a law 2. which. A law requiring every lawyer who wishes to continue the practice of law to take the oath 6. Essential elements of a bill of attainder 1. RA 8249. it prescribes a burden equivalent to a criminal penalty even if such burden is imposed in an administrative proceeding Forfeiture proceedings a. unless the changes operate only in a limited an unsubstantial required at the time of the commission of the offense in order to convict the accused. was lawful. partakes the nature of a penalty that is criminal or penal. The law imposes a penal burden on a named individual or easily ascertainable members of a group 3. in effect. and which was innocent by a public officer. which changes the punishment and inflicts a greater punishment than that which the A law on criminal procedure can be an ex post facto law if it alters the legal rules of law annexed to the crime when it was committed. pertains only to matters of procedure. imposes a penalty or deprivation of a right. it may when done. Ohio 5. which deprives a person accused of a crime of some lawful protection to which he has that he or she has not committed an act of disloyalty to the Philippine government is a bill become entitled such as the protection of a former conviction or acquittal. manner to the disadvantage of the accused. which aggravates the crime or makes it greater than when it was committed. criminal. Depriving a person of the right to practice a profession is a penalty.

Finality of judgment A judgment of acquittal is immediately final. The whole case will be open to review by the appellate court. A judgment of conviction is final when the period for appeal has elapsed or when the sentence has been totally or partially served or when the defendant has expressly waived his right to appeal. the review boards. When the second offense was not in existence at the time of the first prosecution. or with the express consent. and the reviewing authority. upon pleading guilty. Dismissal based on violation of the right to a speedy trial where this amounts to acquittal b. Dismissal based on a demurrer of evidence where it is a dismissal based on the merits c. d. 9 of Rule 117 of the Rules of Court (definition of “same offense”) a. If information does not charge any offense b. to be convicted for an offense that was then inexistent b. Supervening facts Supervening facts a. whether one offense necessarily includes or is necessarily included in the other Exceptions to the requirement of sameness of offense 1. of the defendant/accused 2. Effect of appeal by the accused/defendant. The facts constituting the graver offense became known or were discovered only after the filing of the former information. Dismissal based on motion of the prosecution. whether one offense is identical with the other b. the accused presents evidence to mitigate. whether it is an attempt or frustration of the other c. and the court thereafter acquits him without entering a new plea of not guilty c. Discharge of an accused to be a state witness which amounts to an acquittal Decisions by military tribunalS Under military law. there is no possibility for the accused. prosecution under one is not a bar to prosecution under the other. Enrile When is the second offense charged the same as the first offense? The Same Evidence Test: whether the evidence needed in the one case will support a conviction in the other (general sense) By virtue of Sec. constitute a new and distinct offense. is merely recommendatory and subject to review by the convening authority. Such court may even increase the penalties imposed on the accused by the trial court. When one act violates two different statutes or two different provisions of a statute. to determine the guilt or innocence of the defendant Circumstances when double jeopardy does not attach a. If. A military commission acts merely as a commissioner who takes the evidence and reports thereon with his recommendation. Cabrera 2. a decision of a military tribunal. If a complaint filed for preliminary investigation is dismissed Examples of termination of jeopardy a. a new fact supervenes for which the defendant is responsible. exempt or justify him. By “dismissal” on the merits Exceptions to the general rule that dismissal or termination of the case after arraignment and plea to a valid information shall be a bar to another prosecution (no double jeopardy) 1. e. for the simple reason that in such a case. no competent jurisdiction d. or dismissal. If the dismissal is made upon motion. hence. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. be it of acquittal or of conviction. The accused waives his right to plead double jeopardy. which changes the character of the offense and together with the facts existing at the time. People v. the case would have to be remanded to the court of origin for further proceedings. subsequent to a motion for reinvestigation filed by the accused d. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party. If the information for an offense cognizable by the RTC is filed with the MTC. Cases/Doctrines .3. The dismissal is not an acquittal or based upon consideration of the evidence or of the merits of the case 3. By dismissal without express consent of the accused 4. Any form of recommendation made by the commission does not amount to the termination of the case. there is no double jeopardy c. The question to be passed upon by the appellate court is purely legal so that should the dismissal be found incorrect. Flores v. Where after the first prosecution. during the first prosecution.