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Reviewer in Constitutional Law-Part 2

Submitted by themuse_07 on October 20th, 2013 – Flag this news as inappropriate ategory! "e#iews 1$%7 &hilippine onstitution' ( study guide and a re#iewer )or law students and citi*ens o) the &hilippines' +t,s a must that we -now our rights and when and how we can e.ercise them' /n0oy reading1 onstitutional 2aw 2 3idterms 4(&5/" 11! 2+6/"57 OF (6O8/ (98 5"(:/2 Section ;' 5he liberty o) abode and o) changing the same within the limits prescribed by law shall not be impaired e.cept upon law)ul order o) the court' 9either shall the right to tra#el be impaired e.cept in the interest o) national security, public sa)ety or public health, as may be pro#ided by law' 77' "ights guaranteed under Section ;! 1' Freedom to choose and change one<s place o) abode' 2' Freedom to tra#el within the country and outside' 7%' &urpose o) the =uaranty > 5o )urther emphasi*e the indi#idual<s liberty as sa)eguarded in general terms by the due process clause' 7$' 2imitations? urtailment o) rights! "+=45 3(99/" OF @"5(+23/95 1' 2iberty o) abode 2aw)ul order o) the court and within the limits prescribed by law' 2' "ight to tra#el 3ay be curtailed e#en by administrati#e o))icers Ae.' passport o))icersB in the interest o) national security, public sa)ety, or public health, as may be pro#ided by law' 9ote! 5he right to tra#el and the liberty o) abode are distinct )rom the right to return to one<s country, as shown by the )act that the 8eclaration o) 4uman "ights and the o#enant on 4uman "ights ha#e separate guarantees )or these' 4ence, the right to return to one<s country is not co#ered by the speci)ic right to tra#el and liberty o) abode' A3arcos #' 3anglapusB 4(&5/" 12! F"//8O3 OF "/2+=+O9 /#ery one has the right to )reedom o) thought, conscience and religionC this right includes the )reedom to his religion or belie) and )reedom, either alone or in community with others and in public or pri#ate, to mani)est his religion or belie) in teaching, practice, worship and obser#ance' A@ni#ersal 8eclaration o) 4uman "ightsB %0' "eligion> any speci)ic system o) belie), worship, conduct, etc', o)ten in#ol#ing a code o) ethics and philosophy' > Da pro)ession o) )aith to an acti#e power that binds and ele#ates man to his creatorE

%1' "eligion in the onstitution 9o law shall be made respecting an establishment o) religion, or prohibiting the )ree e.ercise thereo)' 5he )ree e.ercise and en0oyment o) religious pro)ession and worship, without discrimination or pre)erence, shall )ore#er be allowed' 9o religious test shall be reFuired )or the e.ercise o) ci#il or political rights' 5he separation o) hurch and State shall be in#iolable' lauses under Section G 1' 9on>establishment clause 2' Free e.ercise o) "eligion %2' 8istinction between the clauses! 5he non>establishment clause does not depend upon any showing o)¬ direct go#ernmental compulsion' +t is #iolated by the enactment o) laws which establish an o))icial religion whether those laws operate directly to coerce non>obser#ing indi#iduals or not' 5he test o) compliance with the non>establishment clause can be stated as )ollows! Hhat are the purposes and primary e))ect o) the enactmentI +) either is the ad#ancement or inhibition o) religion, the law #iolates the non>establishment clause' 5hus, in order )or a law to comply with the non>establishment clause, two reFuisites must be met' First, it has a secular legislati#e purpose' Second, its primary e))ect neither ad#ances nor inhibits religion' 5he )ree e.ercise o) religion clause withdraws )rom legislati#e power¬ the e.ertion o) any restraint on the )ree e.ercise o) religion' +n order to show a #iolation o) this clause, the person a))ected must show the coerci#e e))ect o) the legislation as it operates against him in the practice o) his religion' Hhile the )reedom to belie#e Anon>establishmentB is absolute, the moment such belie) )lows o#er into action, it becomes sub0ect to go#ernment regulation' %3' Hhat reFuisites must concur )or go#ernment aid to be allowableI 5here will be no #iolation o) the establishment clause i)! 1' 5he statute has a secular legislati#e purposeC 2' +ts principal or primary e))ect is one that neither ad#ances nor inhibits religionC and 3' +t does not )oster an e.cessi#e entanglement with religion' 5he doctrine o) Separation o) hurch and State should be read speci)ically with! Section 2$' &ower o) the &urse 1B 9o money shall be paid out o) the 9ational 5reasury /J /&5 in pursuance o) an appropriation made by law' aB 5his places the control o) public )unds in the hands o) ongress' bB 6@5! 5his rule does not prohibit continuing appropriations' e'g' )or debt ser#icing' 5his is because the rule does not reFuire yearly, or annual appropriation' 2B 2imitations' aB (ppropriations must be )or a &@62+ &@"&OS/ bB annot appropriate public )unds or property, directly or indirectly, in )a#or o)

AiB (ny sect, church, denomination, or sectarian institution or system o) religion or AiiB (ny priest, preacher, minister, or other religious teacher or dignitary as such' /J /&5 i) the priest, etc is assigned to! > the (rmed ForcesC or > any penal institutionC or > go#ernment orphanageC or > leprosarium cB 6@5 the go#ernment is not prohibited )rom appropriating money )or a #alid secular purpose, e#en i) it incidentally bene)its a religion, e'g' appropriations )or a national police )orce is #alid e#en i) the police also protects the sa)ety o) clergymen' 9ote! (ny bene)it indirectly en0oyed by a religious institution, as long as such bene)it was only incidental to a legitimate secular ob0ecti#e, would not #iolate the prohibition' A(glipay #s' "ui*B dB (2SO, the temporary use o) public property )or religious purposes is #alid, as long as the property is a#ailable )or all religions %K' +ntramural "eligious 8isputes > outside the 0urisdiction o) secular authorities' > 5hese are Fuestions that may be resol#ed by the religious authorities themsel#es, and among themsel#es only' %G' "eligious &ro)ession and Horship 5wo>)old aspect! a' Freedom to belie#e> (6SO2@5/ as long as con)ined within the realm o) thought b' Freedom to act on one<s belie)> sub0ect to regulation where the belie) is translated into e.ternal acts that a))ect the public wel)are' AaB /#eryone has a right to his belie)s and he may not be called to account because he cannot pro#e what he belie#es' AbB 6ut where the indi#idual e.ternali*es his belie)s in acts or omissions that a))ect the public, his )reedom to do so become sub0ect to the authority o) the State' 5he inherent police power can be e.ercised to pre#ent religious practices inimical to society' %;' "eligious 5ests 5he 5est o) "easonableness +t is the test to determine which shall pre#ail between religious )reedom and the powers o) the State' 4(&5/" 13! F"//8O3 OF /J&"/SS+O9 Section K' 9o law shall be passed abridging the )reedom o) speech, o) e.pression, or o) the press, or o) the right o) the people peaceably to assemble and petition the go#ernment )or redress o) grie#ances' %7' 8e)ined! Freedom o) Speech is at once the instrument and the guaranty and the consummate

)lower o) all liberty' LHendell &hilips %%' Hhat are considered protected speechI &rotected speech includes e#ery )orm o) e.pression, whether oral, written, tape or disc recorded' +t includes motion pictures as well as what is -nown as symbolic speech such as the wearing o) an armband as a symbol o) protest' &eace)ul pic-eting has also been included within the meaning o) speech' &rohibitions under Section K 1' &rohibition against &"+O" "/S5"(+95 2' &rohibition against S@6S/M@/95 &@9+S43/95 9o person shall be detained solely by reason o) his political belie)s and aspirations' %$' /lements o) Freedom o) /.pression! A1B Freedom )rom pre#ious restraint or censorshipC and A2B Freedom )rom subseFuent punishment' &rohibition against prior restraint 1' &rior restraint means o))icial go#ernmental restrictions on the press or other )orms o) e.pression in ad#ance o) actual publication or dissemination' 2' /.amples?)orms o) prior restraint a' mo#ie censorship b' 0udicial prior restraint N in0unction against publication c' license ta.es based on gross receipts )or the pri#ilege o) engaging in the business o) ad#ertising in any newspaper d' )lat license )ees )or the pri#ilege o) selling religious boo-s Hhen prohibition does not apply a' 8uring a war' /.' =o#ernment can pre#ent publication about the number?locations o) its troops A9ear #' 3innesota, 23% @S ;$7B b' Obscene publications' $0' Standards )or allowable subseFuent punishment AaB 5he clear and present danger ruleC AbB 5he dangerous tendency doctrineC and AcB 5he balancing o) interest test 5/S5 "+5/"+O9 5he clear and present danger rule 5here should be a clear and present danger that the words when used under such circumstances are o) such a nature as to create a 2/(" (98 &"/S/95 8(9=/" that they will bring about the substanti#e e#ils that the State has a right to pre#ent' 5he dangerous tendency doctrine 5here should be a "(5+O9(2 O99/ 5+O9 between the speech and the e#il apprehended 5he balancing o) interest test 5he courts should 6(2(9 / the &@62+ +95/"/S5 ser#ed by legislation on one hand and

the F"//8O3 OF S&// 4 Aor any other constitutional rightB on the other' 5he courts will then decide where the greater weight should be placed' $1' Freedom o) Speech 5he doctrine on )reedom o) speech was )ormulated primarily )or the protection o) DcoreE speech, i'e' speech which communicates political, social or religious ideas' 5hese en0oy the same degree o) protection' ommercial speech, howe#er, does not' $2' ommercial Speech 1' ( communication which no more than proposes a commercial transaction' 2' 5o en0oy protection! a' +t must not be )alse or misleadingC and b' +t should not propose an illegal transaction' 3' /#en truth)ul and law)ul commercial speech may be regulated i)! a' =o#ernment has a substantial interest to protectC b' 5he regulation directly ad#ances that interestC and c' +t is not more e.tensi#e than is necessary to protect that interest' A entral 4udson =as and /lectric orp' #' &ublic Ser#ice ommission o) 97, KK7 @S GG7B $3' @nprotected Speech 1' 2+6/2 (' F(+" O33/95 A@'S' "uleB' 5hese are statements o) O&+9+O9, not o) )act, and are not considered actionable, e#en i) the words used are neither mild nor temperate' Hhat is important is that the opinion is the true and honest opinion o) the person' 5he statements are not used to attac- personalities but to gi#e one<s opinion on decisions and actions' 6' O&+9+O9S' Hith respect to public personalities Apoliticians, actors, anyone with a connection to a newsworthy e#entB, opinions can be aired regarding their public actuations' omment on their pri#ate li#es, i) not germane to their public personae, are not protected' 2' O6S /9+57 (' 5est )or obscenity A3iller #' ali)orniaB i' Hhether the a#erage person, applying contemporary community standards would )ind that the wor-, ta-en as a whole, appeals to the prurient interest' ii' Hhether the wor- depicts or describes, in a patently o))ensi#e way, se.ual conduct, speci)ically de)ined by law' iii' Hhether the wor-, ta-en as a whole, lac-s serious literary, artistic, political or scienti)ic #alue' 6' &rocedure )or sei*ure o) allegedly obscene publications i' (uthorities must apply )or issuance o) search warrant' ii' ourt must be con#inced that the materials are obscene' (pply clear and present danger test' iii' Oudge will determine whether they are in )act DobsceneE' i#' Oudge will issue a search warrant' #' &roper action should be )iled under (rt' 201 o) the "& ' #i' on#iction is sub0ect to appeal'

$K' "ight o) (ssembly and &etition 1' 5he standards )or allowable impairment o) speech and press also apply to the right o) assembly and petition' 2' "ules on assembly in public places! i' (pplicant should in)orm the licensing authority o) the date, the public place where and the time when the assembly will ta-e place' ii' 5he application should be )iled ahead o) time to enable the public o))icial concerned to appraise whether there are #alid ob0ections to the grant o) the permit or to its grant, but in another public place' 5he grant or re)usal should be based on the application o) the lear and &resent 8anger 5est' iii' +) the public authority is o) the #iew that there is an imminent and gra#e danger o) a substanti#e e#il, the applicants must be heard on the matter' i#' 5he decision o) the public authority, whether )a#orable or ad#erse, must be transmitted to the applicants at the earliest opportunity so that they may, i) they so desire, ha#e recourse to the proper 0udicial authority' 3' "ules on assembly in pri#ate properties! Only the consent o) the owner o) the property or person entitled to possession thereo) is reFuired' $G' "ight o) (ssociation 5he right o) the people, including those employed in the public and pri#ate sectors, to )orm unions, associations or societies )or purposes not contrary to law shall not be abridged' 5he right to )orm associations shall not be impaired without due process o) law and is thus an aspect o) the right o) liberty' +t is also an aspect o) the )reedom o) contract' +n addition, inso)ar as the associations may ha#e )or their ob0ect the ad#ancement o) belie)s and ideas, the )reedom o) association is an aspect o) the )reedom o) speech and e.pression, sub0ect to the same limitation' 5he right also co#ers the right not to 0oin an association' =o#ernment employees ha#e the right to )orm unions' 5hey also ha#e the right to stri-e, unless there is a statutory ban on them' Section 7' 5he right o) the people to in)ormation on matters o) public concern shall be recogni*ed' "ights guaranteed under Section 7 1' "ight to in)ormation on matters o) public concern 2' "ight o) access to o))icial records and documents $$' &ersons entitled to the abo#e rights! >Only Filipino citi*ens' 100' 8iscretion o) go#ernment 5he go#ernment has discretion with respect to the authority to determine what matters are o)

public concern and the authority to determine the manner o) access to them' 101' "ecogni*ed restrictions on the right o) the people to in)ormation! 1' 9ational security matters 2' +ntelligence in)ormation 3' 5rade secrets K' 6an-ing transactions G' riminal matters ;' (nd other con)idential in)ormation such as! 8iplomatic correspondence /.ecuti#e sessions losed door cabinet meetings Supreme ourt deliberations 4(&5/" 1K! 54/ +3&(+"3/95 2(@S/ (rt' +++, Sec' 10 D9o law impairing the obligation o) contracts shall be passedE 5he +mpairment lause 102' &urpose! 5o sa)eguard the integrity o) #alid contractual agreements against unwarranted inter)erence by the State' O95"( 5> any law)ul agreement on property or property rights, whether real or personal, tangible or intangible' 2(H Aas used in the impairment clauseB – includes statutes enacted by the national legislature, e.ecuti#e orders and administrati#e regulations promulgated under a #alid delegation o) power, and municipal ordinances passed by the local legislati#e bodies' 103' M! 4ow may a law impair the obligation o) a contractI (! ( law impairs the obligation o) a contract when it changes the terms o) a legal contract between parties, either in the time or mode o) per)ormance, or imposes new conditions, or dispenses with those e.pressed, or authori*es )or its satis)action something di))erent )rom that pro#ided in its terms' lemens #' 9olting K2 &hil 702 ( mere change in &"O /8@"(2 "/3/8+/S which does not change the substance o) the contract, and which still lea#es an e))icacious remedy )or en)orcement does 9O5 impair the obligation o) contracts' 9ote! 5o impair, the law must "/5"O( 5 so as to a))ect e.isting contracts concluded be)ore its enactment' O62+=(5+O9> the #inculum 0uris, i'e, the tie that binds the parties to each other' +3&(+"3/95> anything that diminishes the e))icacy o) the contract' 10K' M! &earl and :on enter into a contract )or the sale o) cigars' 6e)ore deli#ery is made a law is passed imposing a sales ta. on the seller' 8oes the law impair the obligation o) the contractI (! 9o, since it does not change the relation between the parties to the contract' 2imitations! ( #alid e.ercise o) police power is superior to obligation o) contracts' 4(&5/" 1G! /J &OS5 F( 5O 2(HS D9o e. post )acto law or bill o) attainder shall be enactedE 10G' Hhat is an /J &OS5 F( 5O lawI (n e. post )acto law has been de)ined as one> 1B One which ma-es an action done be)ore the passing o) the law, and which was innocent when

done, criminal, and punishes such action' 2B One which aggra#ates the crime or ma-es it greater than when it was committed' 3B One which changes the punishment and in)licts a greater punishment than that which the law anne.ed to the crime when it was committed' KB One which alters the legal rules o) e#idence and recei#es less testimony than the law reFuired at the time o) the commission o) the o))ense in order to con#ict the accused' GB One which assumes to regulate ci#il rights and remedies only 6@5, in e))ect, imposes a penalty or depri#ation o) a right, which, when done, was law)ul' ;B One which depri#es a person accused o) a crime o) some law)ul protection to which he has become entitled such as the protection o) a )ormer con#iction or acFuittal, or a proclamation o) amnesty' 10;' haracteristics o) an /. &ost Facto law! 1B "e)er to criminal matters 2B "etroacti#e in its application 3B &re0udice the accused P /#en i) the law be penal and retroacti#e, it will not be e. post )acto i) it does not operate to the disad#antage o) the accused' 107' 8e)inition o) 6+22 OF (55(+98/" 1B ( bill o) attainder is a 2/=+S2(5+:/ act which in)licts punishment H?O O@8+ +(2 trial' 2B 5he bill o) attainder does not need to be directed at a speci)ically named person' +t may also re)er to easily ascertainable members o) a group in such a way as to in)lict punishment on them without 0udicial trial' 3B /lements o) the bill o) attainder (' 5here must be a 2(H' 6' 5he law imposes a &/9(2 burden on a 9(3/8 +9:+8+8@(2 or /(S+27 (S /"5(+9(62/ 3/36/"S o) a ="O@&' ' 5he penal burden is imposed 8+"/ 527 by the 2(H H+54O@5 O@8+ +(2 5"+(2' 4(&5/" 1;! 9O9>+3&"+SO93/95 FO" 8/65 9O9>+3&"+SO93/95 FO" 8/65 Section 20' 9o person shall be imprisoned )or debt or non>payment o) a poll ta.' 8ebt re)ers to any ci#il obligation arising )rom contract, e.pressed or implied' +t means any liability to pay money growing out o) a contract' 10%' M! 8oes the con#ersion o) the monetary indemnity, imposed as part o) a criminal penalty, into subsidiary imprisonment #iolate the prohibition o) imprisonment )or debtI (! 9o' 5he obligation to indemni)y was not e. contractu but e. delicto' 10$' M! 3ay a person be imprisoned )or )raudulent debtsI (! 7es, ( F"(@8@2/95 debt may result in the imprisonment o) the debtor i)! (' 5he )raudulent debt constitutes a crime such as esta)a and 6' 5he accused has been duly con#icted'

110' &O22 5(J can be understood as a cedula ta. or residence ta.' 5he onstitution does not prohibit the cedula ta. but it prohibits imprisonment )or non>payment o) the cedula or residence ta.' ( poll ta. may also be understood as a ta. the payment o) which is made a reFuirement )or the e.ercise o) the right o) su))rage' 5he imposition o) a poll ta. in this sense is prohibited by (rticle :, Section 1, which disallows Dliteracy, property, or other substanti#e reFuirementE )or the e.ercise o) su))rage'

4(&5/" 17! +9:O2@95("7 S/":+5@8/ 111' +9:O2@95("7 S/":+5@8/ +n#oluntary ser#itude>the condition o) one who is compelled by )orce, coercion, or imprisonment and against his will, to labor )or another, whether he is paid or not' /.ceptions! 1' &unishment )or a crime )or which the party has been duly con#icted 2' &ersonal military or ci#il ser#ice in the interest o) national de)ense 3' "eturn to wor- order' K' 9a#al enlistment G' @n>emancipated minors under parens patriae 4(&5/" 1%! 54/ H"+5 OF 4(6/(S O"&@S 112' Suspension o) the pri#ilege o) the writ o) habeas corpus and declaring martial lawC 1' =rounds a' +n#asion or "ebellionC and b' &ublic sa)ety reFuires it' 2' 5he in#asion or rebellion must be ( 5@(2 and not merely imminent' 3' 2imitations! a' Suspension or proclamation is e))ecti#e )or only ;0 days' b' Hithin K% hours )rom the declaration or suspension, the &resident must submit a report to ongress' c' ongress, by ma0ority #ote and #oting 0ointly, may re#o-e the same, and the &resident cannot set aside the re#ocation'

d' +n the same manner, at the &resident<s initiati#e, ongress can e.tend the same )or a period determined by ongress i)! i' +n#asion or rebellion persist and ii' &ublic sa)ety reFuires it' 9O5/! ongress (99O5 e.tend the period motu propio' e' Supreme ourt re#iew! i' 5he appropriate proceeding can be )iled by any citi*en' ii' 5he S can re#iew the F( 5@(2 6(S+S o) the proclamation or suspension' iii' 8ecision is promulgated within 30 days )rom )iling' )' 3artial 2aw does 9O5! i' Suspend the operation o) the onstitution' ii' Supplant the )unctioning o) the ci#il courts or legislati#e assemblies' iii' (uthori*e con)erment o) 0urisdiction on military courts o#er ci#ilians where ci#il courts are able to )unction and i#' (utomatically suspend the pri#ilege o) the writ' g' Suspension o) pri#ilege o) the writ! i' (pplies O927 to persons 0udicially charged )or rebellion or o))enses inherent in or directly connected with in#asion' ii' (nyone arrested or detained during suspension must be charged within 3 days' Otherwise he should be released' Q5he suspension o) the pri#ilege 8O/S 9O5 suspend the right to bail' 113' H"+5 OF (3&("O +t is a remedy a#ailable to any person whose right to li)e, liberty and security is #iolated and threatened with #iolation by an unlaw)ul act or omission o) a public o))icial or employee, or o) a pri#ate indi#idual or entity' 5he writ shall co#er e.tralegal -illings and en)orced disappearances or threats thereo)' 11K' H"+5 OF 4(6/(S 8(5( +t is a remedy a#ailable to any person whose right to pri#acy in li)e, liberty or security is #iolated or threatened by an unlaw)ul act or omission o) a public o))icial or employee or o) a pri#ate indi#idual or entity engaged in the gathering, collecting or storing o) data or in)ormation regarding the person, )amily, home and correspondence o) the aggrie#ed party' 4(&5/" 1$! S&//87 8+S&OS+5+O9 OF (S/S

11G' &rescribed ma.imum periods )or the decision or resolution o) cases a' Supreme ourt> 2K months b' lower collegiate courts> 12 months, unless reduced by the S c other lower courts> 3 months 4(&5/" 20! "+=45S OF 54/ ( @S/8 11;' "ights o) a person charged with a criminal o))ense 1' "ight to due process o) law 2' "ight to be presumed innocent 3' "ight to be heard by himsel) and counsel K' "ight to be in)ormed o) the nature and cause o) the accusation against him G' "ight to ha#e a speedy, impartial and public trial ;' "ight to meet the witnesses )ace to )ace 7' "ight to ha#e compulsory process to secure the attendance o) witnesses and the production o) e#idence in his behal) 117' D8@/ &"O /SSE 5his means that the accused can only be con#icted by a tribunal which is reFuired to comply with the stringent reFuirements o) the rules o) criminal procedure' 11%' D "+3+9(2 8@/ &"O /SSE 5his reFuires that the accused be tried by an impartial and competent court in accordance with the procedure prescribed by law and with proper obser#ance o) all the rights accorded him under the onstitution and the applicable statutes' S/2F>+9 "+3+9(5+O9 11$' Hhen is a Fuestion incriminatingI ( Fuestion tends to incriminate when the answer o) the accused or the witness would establish a )act which would be a necessary lin- in a chain o) e#idence to pro#e the commission o) a crime by the accused or the witness' 8istinction between an accused and an ordinary witness on the a#ailability o) the right! 1' (n accused can re)use to ta-e the witness stand by in#o-ing the right against sel)> incrimination' 2' (n ordinary witness cannot re)use to ta-e the stand' 4e can only re)use to answer speci)ic Fuestions which would incriminate him in the commission o) an o))ense' 120' an the right against sel)>incrimination be wai#edI 7es, either directly or by )ailure to in#o-e it, pro#ided the wai#er is certain and uneFui#ocal and intelligently, understandingly, and willingly made' @S5O8+(2 +9:/S5+=(5+O9 121' Hhat is custodial in#estigationI ustodial in#estigation means any DFuestioning initiated by law en)orcement o))icers a)ter a person has been ta-en into custody or otherwise depri#ed o) his )reedom o) action in any signi)icant way' +t shall include the practice o) issuing an Din#itationE to a person who is

in#estigated 122' "eFuisites o) an admissible e.tra0udicial con)ession 1B :oluntary 2B Hith assistance o) counsel 3B +n writingC and KB /.press 123' "ights o) person under in#estigation )or the ommission o) an o))ense O8/! S +S+ 1B "ight to remain silent 2B "ight to ha#e competent and independent counsel, pre)erably o) his own choice 3B "ight to be pro#ided with the ser#ices o) counsel i) he cannot a))ord the ser#ices o) one' KB "ight to be in)ormed o) these rights' Hhen rights are a#ailable! 1B (F5/" a person has been ta-en into custody or 2B Hhen a person is otherwise depri#ed o) his )reedom o) action in any signi)icant way' 3B Hhen the in#estigation is being conducted by the go#ernment Apolice, 8OO, 96+B with respect to a criminal o))ense' KB Signing o) arrest reports and boo-ing sheets' Hhen rights are not a#ailable! 1B 8uring a police line>up' /.ception! Once there is a mo#e among the in#estigators to elicit admissions or con)essions )rom the suspect' 2B 8uring administrati#e in#estigations' 3B on)essions made by an accused at the time he #oluntarily surrendered to the police or outside the conte.t o) a )ormal in#estigation' KB Statements made to a pri#ate person' /.clusionary rule 1B (ny con)ession or admission obtained in #iolation o) this section shall be inadmissible in e#idence against him Athe accusedB' 2B 5here)ore, any e#idence obtained by #irtue o) an illegally obtained con)ession is also inadmissible, being the )ruit o) a poisoned tree' "eFuisites o) #alid wai#er! 1B Hai#er should be made in H"+5+9= 2B Hai#er should be made in the &"/S/9 / OF O@9S/2