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A court or tribunal clothed with judicial power to hear and determine the matter before it. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings. The defendant must be given notice and an opportunity to be heard.

Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Definition of “Police Power”:

Judgment must be rendered upon a lawful hearing. For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1) Power vested in the legislature


By the Constitution

The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof. The tribunal must consider the evidence presented.


To make, ordain, and establish

The decision must have something to support itself. Evidence supporting the conclusion must be substantial.


All manner of wholesome and reasonable laws, statutes, and ordinances

The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered. Note:


Either with penalties or without


Not repugnant to the constitution

7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.

What is required is not actual hearing, but a real opportunity to be heard. Aspects of “Due Process”: The requirement of due process can be satisfied by subsequent due hearing. Violation of due process: when same person reviews his own decision on appeal. Procedural due process – refers to the mode of procedure which government agencies must follow in the enforcement and application of laws. Substantive due process – prohibition against arbitrary laws. Note: PROCEDURAL DUE PROCESS: The student must be informed in writing of the nature and cause of any accusation against them. The student shall have the right to answer the charges against him, with the assistance of counsel if desired. The student has the right to be informed of the evidence against him. The student has the right to adduce evidence in his own behalf. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. The penalty imposed must be proportionate to the offense. Note: Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the promulgation of general rule. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P

A law which hears before it condemns. Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. Dir. of Lands) Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H

and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. Granting by courts of provisional remedies. papers. Section 2. as distinguished from those of a particular class. and particularly describing the place to be searched and the person or things to be seized. but may regulate trade The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. requires the interference by the government and The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. Must not contravene the Constitution or any statute Must not be unfair or oppressive Must not be partial or discriminatory Must not prohibit. . CODE: SGEE The equality that it guarantees is legal equality or the equality of all persons before the law. The existence of probable cause is determined personally by the JUDGE. Requisites for valid classification for purposes of the equal protection clause Issuance of warrants of distraint and/or levy by the BIR Commissioner. under like circumstances and conditions both as to privileges conferred and liabilities enforced. Note: APPLY EQUALLY to all members of the SAME CLASS. cross-examination is not essential Instances when hearings are NOT necessary: That men of ordinary intelligence must necessarily GUESS as to its meaning And differ as to its application Equal Protection of the law When administrative agencies are exercising their quasi-legislative functions. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. The classification must: Issuance of sequestration orders (considered a provisional remedy). Removal of temporary employees in the government service. Exceptions: Must be general and consistent with public policy Must not be unreasonable When is a law VAGUE? Serious breach of discipline. It merely requires that all persons shall be treated alike. Requirements of a valid ordinance: General Rule: Search and seizures are unreasonable unless authorized by a validly issued search warrant or warrant of arrest Requisites for a valid warrant: CODE: P J E D It must be issued upon PROBABLE CAUSE. It does not demand absolute equality. The right of the people to be secure in their persons. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. When it lacks COMPREHENSIBLE STANDARDS Proceedings in student disciplinary cases may be summary. Rest on SUBSTANTIAL DISTINCTIONS Be GERMANE to the purposes of the law Not limited to existing conditions only The right to counsel is a very basic requirement of substantive due process and has to be observed even in administrative and quasi-judicial bodies. Requisites of SUBSTANTIVE due process: CODE: I M The INTERESTS of the public generally. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law. Abatement of nuisance per se. houses. Cases of preventive suspension. Cancellation of the passport of a person charged with a crime. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity of the court’s jurisdiction. or Failure to maintain the required academic standard.

48 Phil. if there is time to obtain a warrant in order to search the vehicle. Felix). Thus. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause (Soliven v. 167 SCRA 394). JOHN DOE WARRANT Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched. the judge finds no probable cause. v. issue a warrant of arrest or If on the basis thereof. CFI. CFI). A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused (People v. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. The search of a moving vehicle must be based on probable cause. Search made as an incident to lawful arrest An officer making an arrest may take from the person arrested: Any money or property found upon his person which was used in the commission of the offense or Was the fruit thereof or Procedure: The judge personally evaluates the report and supporting documents submitted by the fiscal regarding the existence of probable cause and. Ruiz. 37 SCRA 823). Veloso. 159) Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established. The judge is NOT required to personally examine the complainant and his witnesses.Definition of “PROBABLE CAUSE” The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. 64 Phil. GENERAL WARRANT Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE” A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. The oath required must refer to the truth of the facts within the personal knowledge of the complainant or his witnesses because the purpose is to convince the judge of the existence of probable cause (Alvarez v. unlike in the case of a warrant of arrest. 33). a warrant must first be obtained. VALID WARRANTLESS SEARCH To be sure. the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary (Lim v. Makasiar. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code . he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause. on the basis thereof. A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the circumstances will ordinarily allow or When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and seizure or For the issuance of a search warrant: When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued (Bache and Co. Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES” Which might furnish the prisoner with the means of committing violence or escaping or Which may be used in evidence in the trial of the case The search must be made simultaneously with the arrest and it may only be made in the area within the reach of the person arrested Search of moving vehicles This exception is based on exigency.

The person had actual or constructive knowledge of the existence of such right. 4200 (Ramirez v. but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order. Waiver of right Requisites of a valid waiver: The right exists. 4200 if they commit any of the prohibited acts under R. When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed. Hence. Hot pursuit A. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings. B. or is about to commit an offense in the presence of the arresting officer. the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals.A. 145 SCRA 112) Types of communication protected: When the person to be arrested has committed. Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. messages. Ca) The use of a telephone extension to overhear a private conversation is not a violation of R. Mere absence of opposition is not a waiver. Thus. Also.A. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte V. 4200 because it is not similar to any of the prohibited devices under the law. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest. in the absence of governmental interference. or has escaped while being transferred from one confinement to another.A. There is an actual intention to relinquish such right. Stop and frisk The peace officer comes upon them inadvertently.A. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. (Gaanan v. There must be no supervening event which breaks the continuity of the chase. VALID WARRANTLESS ARRESTS R. Letters. or when public safety or order requires otherwise as prescribed by law. However. however. telephone calls. (People v.The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. a weapon on the suspect which is unlicensed. a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. only the person being searched can waive the same. Exception: A search warrant is required for the search of a dwelling house. Waiver of an invalid arrest: When a person who is detained applies for bail. Waiver requires a positive act from the person. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. Note: Section 3. he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. he can arrest such person then and there for having committed an offense in the officer’s presence. Seizure of evidence in plain view To be a valid warrantless search. both a party and a third person could be held liable under R. the articles must be open to the eye and hand. De Villa) Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges. IAC. 4200 (Anti-Wiretapping Act) The law does not distinguish between a party to the private communication or a third person. The right against unreasonable searches and seizures is a personal right. When an offense has in fact just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it. telegrams and the like. Searches in these areas do not require the existence of probable cause. Should he find. he is deemed to have waived any irregularity which may have occurred in relation to his arrest. is actually committing. Searches under this exception include searches at borders and ports of entry. Martin) . The search made pursuant to the waiver must be made within the scope of the waiver.

Minnesota. written. OPINIONS. The courts will then decide where the greater weight should be placed. Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of “core” speech. Commercial speech. Standards for allowable subsequent punishment 1. Government can prevent publication about the number/locations of its troops (Near v. Rule). however. Protected speech includes every form of expression. Test for obscenity (Miller v. and Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. No law shall be passed abridging the freedom of speech. and are not considered actionable. With respect to public personalities (politicians. What is important is that the opinion is the true and honest opinion of the person. Comment on their private lives. 447 US 557) During a war.S.Section 4. What are considered protected speech: 3. LIBEL FAIR COMMENT (U. opinions can be aired regarding their public actuations. These are statements of OPINION. and It is not more extensive than is necessary to protect that interest.e. or of the right of the people peaceably to assemble and petition the government for redress of grievances. actors. 2. are not protected. OBSCENITY TEST CRITERION 1. v. speech which communicates political. 2. The regulation directly advances that interest. (Central Hudson Gas and Electric Corp. Examples/forms of prior restraint movie censorship judicial prior restraint = injunction against publication license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper flat license fees for the privilege of selling religious books When prohibition does not apply Unprotected Speech It should not propose an illegal transaction. The statements are not used to attack personalities but to give one’s opinion on decisions and actions. Even truthful and lawful commercial speech may be regulated if: Government has a substantial interest to protect. Balancing of Interests Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. or of the press. social or religious ideas. Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent. if not germane to their public personae. Ex. of expression. Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehended. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. California) . even if the words used are neither mild nor temperate. Public Service Commission of NY. does not. Peaceful picketing has also been included within the meaning of speech. i. not of fact. anyone with a connection to a newsworthy event). 238 US 697) Obscene publications. Prohibitions under Section 4 Commercial Speech Prohibition against PRIOR RESTRAINT Prohibition against SUBSEQUENT PUNISHMENT A communication which no more than proposes a commercial transaction. whether oral. These enjoy the same degree of protection. Prohibition against prior restraint To enjoy protection: It must not be false or misleading. tape or disc recorded.

its primary effect neither advances nor inhibits religion. Whether the work. Freedom to travel within the country and outside. Neither shall the right to travel be impaired except in the interest of national security. Procedure for seizure of allegedly obscene publications Authorities must apply for issuance of search warrant. the applicants must be heard on the matter. but in another public place. Right of Assembly and Petition Non-establishment clause Free exercise of Religion Distinction between the clauses (School District v. lacks serious literary. Second.Whether the average person. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to the grant of the permit or to its grant. While the freedom to believe (nonestablishment) is absolute. 201 of the RPC. Proper action should be filed under Art. Schempp. Lawful order of the court and within the limits . Whether the work depicts or describes. taken as a whole. The grant or refusal should be based on the application of the Clear and Present Danger Test. The free exercise and enjoyment of religious profession and worship. in a patently offensive way. applying contemporary community standards would find that the work. or prohibiting the free exercise thereof. Rules on assembly in private properties: Only the consent of the owner of the property or person entitled to possession thereof is required. taken as a whole. it becomes subject to government regulation. Section 6. artistic. It must have a primary effect that neither advances nor inhibits religion. Apply clear and present danger test. appeals to the prurient interest. It must have a secular legislative purpose. as may be provided by law. Curtailment of rights: RIGHT MANNER OF CURTAILMENT Clauses under Section 5 1. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. First. Requisites for government aid to be allowable: The standards for allowable impairment of speech and press also apply to the right of assembly and petition. If the public authority is of the view that there is an imminent and grave danger of a substantive evil. it has a secular legislative purpose. Rules on assembly in public places: Applicant should inform the licensing authority of the date. Conviction is subject to appeal. the moment such belief flows over into action. without discrimination or preference. specifically defined by law. Thus. Court must be convinced that the materials are obscene. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. Rights guaranteed under Section 6: Freedom to choose and change one’s place of abode. sexual conduct. the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. No religious test shall be required for the exercise of civil or political rights. political or scientific value. The decision of the public authority. Judge will issue a search warrant. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. Section 5. public safety or public health. must be transmitted to the applicants at the earliest opportunity so that they may. No law shall be made respecting an establishment of religion. the law violates the non-establishment clause. shall forever be allowed. In order to show a violation of this clause. two requisites must be met. whether favorable or adverse. The test of compliance with the non-establishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion. have recourse to the proper judicial authority. Liberty of abode prescribed by law. 374 US 203) The non-establishment clause does not depend upon any showing of direct governmental compulsion. in order for a law to comply with the non-establishment clause. Judge will determine whether they are in fact “obscene”. the public place where and the time when the assembly will take place. if they so desire. It must not require excessive entanglement with recipient institutions.

Section 9. as may be delegated by law. or public health. as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. pursuant to an ordinance enacted by their respective legislative bodies (under LGC) Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Section 7. the freedom of association is an aspect of the freedom of speech and expression. if a valid contract exists between the government and the owner. The right of the people to information on matters of public concern shall be recognized. to form unions. the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. In addition. Executive. as may be provided by law. Elements of the power of eminent domain 1) There is a TAKING of private property 2) Taking is for PUBLIC USE . It is also an aspect of the freedom of contract. When is the exercise of the power of eminent domain necessary? Recognized restrictions on the right of the people to information: National security matters Intelligence information Trade secrets Banking transactions Diplomatic correspondence Executive sessions Closed door cabinet meetings Supreme Court deliberations It is only necessary when the owner does not want or opposes the sale of his property. shall not be abridged. (Marcos v. Manglapus) The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. Rights guaranteed under Section 7 Who can exercise the power of eminent domain: Right to information on matters of public concern Right of access to official records and documents 1) Persons entitled to the above rights The national government Congress Only Filipino citizens. Section 8. subject to the same limitation. associations. Government employees have the right to form unions. Private property shall not be taken for public use without just compensation. They also have the right to strike. Right to travel May be curtailed even by administrative officers (ex. Note: The right to travel and the liberty of abode are distinct from the right to return to one’s country. or societies for purposes not contrary to law. the right to return to one’s country is not covered by the specific right to travel and liberty of abode. The right also covers the right not to join an association. unless there is a statutory ban on them. pursuant to legislation enacted by Congress 2) Local government units. public safety. Hence.2. including those employed in the public and private sectors. The right of the people. Thus. passport officers) in the interest of national security. insofar as the associations may have for their object the advancement of beliefs and ideas. 3) Public utilities.

Rights of person under investigation for the commission of an offense.. When one or more of the property rights are appropriated and applied to a public purpose. and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants. Compensation is just if the owner receives a sum equivalent to the market value of his property. property acquired by the municipality with its private funds in its corporate or private capacity. for purposes of expropriation. However. if the expropriation is pursuant to a specific law passed by Congress. However. future potential use of the land is not considered in computing just compensation. “PUBLIC USE” When does a law impair the obligation of contracts: Public use. the value is that of the time of the earlier taking. it must be permanent Entry is made under warrant or color of legal authority Property is devoted to public use Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property. i. No law impairing the obligation of contracts shall be passed. Market value is generally defined as the fair value of the property as between one who desires to purchase and one who desires to sell. 1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2) “JUST COMPENSATION” If it imposes new conditions or dispenses with those expressed 3) If it authorizes for its satisfaction something different from that provided in its terms. To determine the adequacy of the compensation To determine the necessity of the taking Section 12. The point of reference use in determining fair value is the value at the time the property was taken. then the value is that of the latter filing of the case. Judicial review of the exercise of the power of eminent domain A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract. A valid exercise of police power is superior to obligation of contracts. there is already a compensable taking. A. .3) Payment of JUST COMPENSATION To determine the “public use” character of the taking. Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it.e. the State is free to dispose of it at will. BUT if the value increased independently of what the expropriator did. Compensable taking does not need to involve all the property interests which form part of the right of ownership. that is. the courts cannot question the public use character of the taking. B. When municipal property is taken by the State: “TAKING” Compensation is required if the property is a patrimonial property. Section 10. General rule: The value must be that as of the time of the filing of the complaint for expropriation. Elements: CODE: E P A P O Point of reference for valuating a piece of property: The expropriator enters the property The entrance must not be for a momentary period. Examples of public use include land reform and socialized housing. is synonymous with public welfare as the latter term is used in the concept of police power. even if bare title still remains with the owner. Thus.

Bail is only discretionary pending appeal. 2) shall. 2) Right to have competent and independent counsel. Who are not entitled to bail: When rights are not available: 1) During a police line-up. 4) Statements made to a private person. being the fruit of a poisoned tree. BEFORE CONVICTION 3) 4) Signing of arrest reports and booking sheets. Be entitled to bail. 3) Persons who are members of the AFP facing a court martial. 2) Persons CONVICTED by the trial court. 2) Waiver should be made in the PRESENCE OF COUNSEL. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. NBI) with respect to a criminal offense. when evidence of guilt is strong 2) During administrative investigations. preferably of his own choice Requisites of valid waiver: 3) Right to provided with the services of counsel if he cannot afford the services of one.Rights of person under investigation for the Commission of an offense CODE: SCISI 1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused). 1) Waiver should be made in WRITING 4) Right to be informed of these rights. 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. DOJ. Other rights in relation to bail. Right to bail 1) AFTER a person has been taken into custody or Who are entitled to bail: 2) When a person is otherwise deprived of his freedom of action in any significant way. When rights are available: Section 13. any evidence obtained by virtue of an illegally obtained confession is also inadmissible. . 1) Right to remain silent 2) Therefore. 1) All persons ACTUALLY DETAINED 3) When the investigation is being conducted by the government (police. Exclusionary rule 1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended. 1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH. 2) Excessive bail shall not be required.

in deportation proceedings. Apart from bail. 6) Strength of the evidence “PRESUMPTION OF INNOCENCE” 7) Probability of appearing at the trial The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt. The right to be heard includes the following rights: Right to be present at the trial Note: The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. not. trial may proceed notwithstanding absence of accused. a person may attain provisional liberty through recognizance. provided that the facts proved have a reasonable connection to the ultimate fact presumed. Rights of an accused After arraignment. 8) Forfeiture of previous bail bonds 9) Whether accused was a fugitive from justice when arrested Presumption of guilt should not be conclusive. The constitutional right is available only in criminal cases. Right to bail is not available in the military. Note. (i) Accused has been duly notified.Right to due process of law Factors considered in setting the amount of bail: Right to be presumed innocent Right to be heard by himself and counsel 1) Ability to post bail Right to be informed of the nature and cause of the accusation against him Right to have a speedy. provided 2 requisites are met. e. Section 14. impartial and public trial 2) Nature of the offense Right to meet the witnesses face to face Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf 3) Penalty imposed by law 4) Character and reputation of the accused “DUE PROCESS” 5) Health of the accused This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. and Rights of a person charged with a criminal offense (ii) His failure to appear is unjustifiable.g. 10) If accused is under bond in other cases Implicit limitations on the right to bail: “RIGHT TO BE HEARD BY HIMSELF AND COUNSEL” The person claiming the right must be in actual detention or custody of the law. . that trial in absentia is allowed only if the accused has been validly arraigned.

This would be the effect even if the dismissal was made with the consent of the accused Purposes of the right: Remedy of the accused if his right to speedy trial has been violated 1) To furnish the accused with a description of the charge against him as will enable him to make his defenses He can move for the dismissal of the case. (a) Right to counsel means the right to EFFECTIVE REPRESENTATION. If the information fails to allege the material elements of the offense. a counsel de oficio must be appointed 2) Length of delay involved (iv) If the accused desires to obtain his own counsel. However. (ii) Ask the accused if he desires the aid of counsel 1) Time expired from the filing of the information (iii) If the accused desires counsel. has stipulated that he is indeed the person charged with the offense and named in the information. 5. the judge must: “RIGHT TO SPEEDY. The real nature of the crime charged is determined from the recital of facts in the information. 2. 3) Reasons for the delay 4) 3. Right of confrontation and cross-examination Prejudice caused to the defendant. Right to an impartial judge Assertion or non-assertion of the right by the accused 5) 4. IMPARTIAL AND PUBLIC TRIAL” (i) Inform the accused that he has a right to a counsel before arraignment Factors used in determining whether the right to a speedy trial has been violated. the absence of his counsel during such promulgation does not affect its validity. Exception: If the accused. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated (b) If the accused appears at arraignment without counsel. If he is detained. he can file a petition for the issuance of writ of habeas corpus. the court must give him a reasonable time to get one. While the accused is entitled to be present during promulgation of judgement. the court can still compel the attendance of the accused if necessary for identification purposes. the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. but cannot afford one. Right to compulsory process to secure the attendance of witnesses Effect of dismissal based on the ground of violation of the accused’s right to speedy trial “RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM” If the dismissal is valid. and that any time a witness refers to a name by which he is known. after arraignment. the witness is to be understood as referring to him.2) To avail himself of his conviction or acquittal against a further prosecution for the same cause The accused may waive the right to be present at the trial by not showing up. . it amounts to an acquittal and can be used as basis to claim double jeopardy. Right to counsel 3) To inform the court of the facts alleged.

The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical evidence.Trial in absentia under Section 14(2) Definition of impartial trial With respect to child testimony Section 16. or administrative bodies. either with the consent of the accused or if failed to object thereto. The accused is entitled to the “cold neutrality of an impartial judge”. the testimony of the witness should be excluded. All persons shall have the right to a speedy disposition of their cases before all judicial. Principal exceptions to the right of confrontation In criminal cases The admissibility of “dying declarations” In administrative proceedings if the accused is liable to a penalty (Ex. the fingerprinting of an accused would not violate the right against self-incrimination. What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness. obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification. the public may be excluded. However. quasi-judicial. “RIGHT TO MEET WITNESS FACE TO FACE” Distinction between an accused and an ordinary witness Purposes of the right: An accused can refuse to take the witness stand by invoking the right against selfincrimination. However. When the right can be invoked: When the right to cross-examine is demandable It is demandable only during trials. When is a question incriminating: The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays. The attendance at the trial is open to all irrespective of their relationship to the accused. An ordinary witness cannot refuse to take the stand. A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Forfeiture of property) . Definition of public trial While the rights of an accused only apply to the trial phase of criminal cases. if the evidence to be adduced is “offensive to decency or public morals”. Distinction between Section 14 and Section 16 It is an element of due process. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. it cannot be availed of during preliminary investigations. Hence. a third person in custody of the document may be compelled to produce it. Section 17. However. the right to a speedy disposition of cases covers ALL phases of JUDICIAL. Thus. QUASI-JUDICIAL or ADMINISTRATIVE proceedings. No person shall be compelled to be a witness against himself. Scope of right To afford the accused an opportunity to cross-examine the witness To allow the judge the opportunity to observe the deportment of the witness Failure of the accused to cross-examine a witness If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution. He can only refuse to answer specific questions which would incriminate him in the commission of an offense.

The second jeopardy must be for the same offense as that in the first. A FRAUDULENT debt may result in the imprisonment of the debtor if: When is a penalty “cruel. Only natural persons. all other types of obligations are not within the scope of this prohibition. it is disproportionate to the offense.e. Being tarred and feathered. Reason: Without a valid penalty. the law is not a penal law. When does jeopardy ATTACH: (1st requisite) CODE: CICAV A person is charged A fine is excessive. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them. A penalty is degrading if it exposes a person to public humiliation. whether express or implied. Excessive fine 1) 3) The first jeopardy must have terminated. It must not be applied arbitrarily. Requisites for a valid defense of double jeopardy: CODE: ATS 1) Standards used: First jeopardy must have attached prior to the second. Thus. Section 18. It must not be unacceptable to contemporary society It must not be excessive. Right against involuntary servitude Section 20. Definition of debt under Section 20 Definition of involuntary servitude It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. conviction or acquittal under either shall constitute a bar to another prosecution for the same act.Who can invoke the right: Note: Fr. No person shall be twice put in jeopardy of punishment for the same offense. Being drawn and quartered. when under any circumstance. Ex. Prohibition against cruel. Ex. degrading or inhuman. it must serve a penal purpose more effectively than a less severe punishment would. . Section 21. Exceptions: 2) Thus. degrading and inhuman”? A penalty is cruel and inhuman if it involves torture or lingering suffering. degrading and inhuman punishment The accused has been duly convicted. 2) The punishment must not be so severe as to be degrading to the dignity of human beings. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel. resulting in any liability to pay money. this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. if an accused fails to pay the fine imposed upon him. i. then paraded throughout town. No person shall be imprisoned for debt or non-payment of a poll tax. If an act punished by a law and an ordinance. Punishment for a crime for which the party has been duly convicted 3) Personal military or civil service in the interest of national defense Return to work order issued by the DOLE Secretary or the President The fraudulent debt constitutes a crime such as estafa and Section 19. 1) Debt refers to a CONTRACTUAL obligation.

3) Before a court of competent jurisdiction 4) 4) After the person is arraigned When can the PROSECUTION appeal from an order of dismissal: 5) Such person enters a valid plea. 5) If the dismissal was made with grave abuse of discretion. 4) If the question to be passed upon is purely legal. 2) Dismissal based on a demurrer to evidence. What are considered to be the “SAME OFFENSE”: (under the 1st sentence of Section 21) When does first jeopardy TERMINATE: (2ND REQUISITE) 1) 1) Acquittal 2) 2) Conviction 3) 3) Dismissal W/O the EXPRESS consent of the accused Note: where a single act results in the violation of different laws or different provisions of the same law. When does jeopardy NOT attach: Discharge of an accused to be a state witness. 1) If dismissal is on motion of the accused. upon pleading guilty. 4) If a complaint filed for preliminary investigation is dismissed. This is a dismissal on the merits. subsequent to a motion for reinvestigation filed by the accused. 2) 1) If information does not charge any offense If dismissal does NOT amount to an acquittal or dismissal on the merits 3) 2) If. and the court thereafter acquits him without entering a new plea of not guilty for accused. This amounts to an acquittal. 21) 1) Dismissal based on violation of the right to a speedy trial. Double jeopardy will result if the act punishable under the law and the ordinance are the same. 4) Dismissal on the merits. the prosecution for one will not bar the other so long as none of the exceptions apply. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. Examples of termination of jeopardy: Definition of double jeopardy (2nd sentence of Sec. . One offense is necessarily included or necessary includes the other. 3) If the information for an offense cognizable by the RTC is filed with the MTC. it is not necessary that the offense be the same.2) Under a complaint or information sufficient in form and substance to sustain a conviction 3) Dismissal on motion of the prosecution. One offense is an attempt to commit or a frustration of the other offense. This amounts to an acquittal. For there to be double jeopardy. Exact identity between the offenses charged in the first and second cases. the accused presents evidence of complete self-defense. If the dismissal violates the right of due process of the prosecution.

The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. 3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP. criminal. The whole case will be open to review by the appellate court. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where: Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. which. in effect. . 5) One which assumes to regulate civil rights and remedies only BUT. and punishes such action. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. Section 22. 1) One which makes an action done before the passing of the law. Definition of ex-post facto law. 2) The bill of attainder does not need to be directed at a specifically named person. he WAIVES his right to plead double jeopardy. and which was innocent when done. if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence. 2) Under (1)(b).SUPERVENING FACTS 6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal. 2) One which aggravates the crime or makes it greater than when it was committed. 1) Under the Rules of Court. imposes a penalty or deprivation of a right. 4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. was lawful. Effect of appeal by the accused: 3) Elements of the bill of attainder If the accused appeals his conviction. Definition of BILL OF ATTAINDER 1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. There must be a LAW. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party. Such court may even increase the penalties imposed on the accused by the trial court. or a proclamation of amnesty. when done. it would not be considered a supervening event. No ex post facto law or bill of attainder shall be enacted. The facts constituting the graver offense became known or were discovered only after the filing of the former information.