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Sec. 9. Private property shall not be taken for public use without just compensation.
Who can exercise the power of eminent domain:
1) The national government
1. Congress
2. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective legislative bodies
(under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
- It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a
valid contract exists between the government and the owner, the government cannot exercise the
power of eminent domain as a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
TAKING
A. Elements:
CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of the
beneficial enjoyment of his property.
B. Compensable taking does not need to involve all the property interests which form part of the right
of ownership. When one or more of the property rights are appropriated and applied to a public
purpose, there is already a compensable taking, even if bare title still remains with the owner.
PUBLIC USE
1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is
used in the concept of police power.
Examples of public use include land reform and socialized housing.
JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent to the market value of his property.
Market value is generally defined as the fair value of the property as between one who desires to
purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at the time the property was taken.
Thus, future potential use of the land is not considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the public use character of the taking. However, if the expropriation is pursuant to a
specific law passed by Congress, the courts cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property acquired by the
municipality with its private funds in its corporate or private capacity. However, if it is any other
property such a public buildings or legua comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will.

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Point of reference for valuating a piece of property:


General rule: The value must be that as of the time of the filing of the complaint for expropriation.
Exception: When the filing of the case comes later than the time of taking and meanwhile the value of
the property has increased because of the use to which the expropriator has put it, the value is that of
the time of the earlier taking. BUT if the value increased independently of what the expropriator did,
then the value is that of the latter filing of the case.
Sec. 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1)
If it changes the terms and conditions of a legal contract either as to the time or mode of
performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and
which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Sec. 12. Rights of person under investigation for the commission of an offense.
Rights of person under investigation for the Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a
criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
1)
During a police line-up. Exception: Once there is a move among the investigators to elicit
admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside
the context of a formal investigation.
4) Statements made to a private person.
Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence
against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible,
being the fruit of a poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Sec. 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED

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2)
3)

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shall, BEFORE CONVICTION


Be entitled to bail.

Who are not entitled to bail:


1)
Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence
of guilt is strong
2)
Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3)
Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is
suspended.
2) Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance.
Sec. 14. Rights of an accused
Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to comply with the
stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a
prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the
ultimate fact presumed.
Presumption of guilt should not be conclusive.
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

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The right to be heard includes the following rights:


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

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

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

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Requisites for a valid defense of double jeopardy:


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

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the former information.


3. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended
party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not discovered
because of the prosecutions incompetence, it would not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole case
will be open to review by the appellate court. Such court may even increase the penalties imposed on
the accused by the trial court.
Sec. 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1)
One which makes an action done before the passing of the law, and which was innocent when
done, criminal, and punishes such action.
2)
One which aggravates the crime or makes it greater than when it was committed.
3)
One which changes the punishment and inflicts a greater punishment than that which the law
annexed to the crime when it was committed.
4)
One which alters the legal rules of evidence and receives less testimony than the law required at
the time of the commission of the offense in order to convict the accused.
5)
One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or
deprivation of a right, which, when done, was lawful.
6)
One which deprives a person accused of a crime of some lawful protection to which he has
become entitled such as the protection of a former conviction or acquittal, or a proclamation of
amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It may also refer
to easily ascertainable members of a group in such a way as to inflict punishment on them without
judicial trial.
3) Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a
GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.
ARTICLE IV CITIZENSHIP
Who are citizens of the Philippines?
1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
4) Those who are naturalized in accordance with law.
Modes of acquiring citizenship:
1) Jus Soli acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship
3) Naturalization the legal act of adopting an alien and clothing him with the privilege of a nativeborn citizen.
Note: The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence,

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her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those
persons who were born under the 1935 Constitution. In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother was
a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973,
you can elect Filipino citizenship upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2)
The wife also becomes a Filipino citizen, provided that she does not have any disqualification
which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect
their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil
registry.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation
ARTICLE V SUFFRAGE
Qualifications:
CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5)
Resident of the place wherein he/she proposes to vote for at least 6 months immediately
preceding the election.

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Note: NO literacy, property or other substantive requirement can be imposed on the exercise of
suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place
where one wants to vote. In this case, residence can either mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability
has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the
Philippines.
3) Insane or feeble-minded persons.
Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration
of 5 years after the service of sentence.