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CONSTI2 RECIT PREP NOTES (FINALS)

Liberty of Abode

SECTION 6. 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. Neither shall the right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.

1. The liberty of abode pertains to one’s right to choose his residence.


2. The two valid impairments to one’s liberty of abode are (1) lawful order of the court and (2) law.
3. The right to travel pertains to freedom of movement and right to leave the Philippines.
4. Residual power pertains to those powers owned by the government but no one exercises it.
5. An administrative circular addressed to court personnel that they cannot leave the country without the court’s
permission is VALID.

Right to Information

SECTION 7. The right of the people to information on matters of public concern shall be recognized. Access to official records,
and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data
used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

1. Why is the right to information and the duty to disclose matters of public concern in splendid symmetry?
2. Without a law, can national security matters be disclosed to the public? No, the restriction is imposed by common
law.
3. The courts can also restrict or prohibit the release of information and not only the law.

Right to Association

SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.

1. This right applies to both employed in the private and public sector.
2. Applies only to working individuals? No, to everyone.
3. Removing the phrase “public and private sector” does NOT and will NOT deprive them of said right for said phrase was
merely placed there for EMPHASIS.
4. Basis for right not to join? Liberty and Freedom.
5. May it be bargained away? Yes, through a closed-shop agreement/union security clauses. This is not unconstitutional
because the workers has the freedom to accept or not to accept the CBA.
6. The members of the bar can be compelled to become a member of the IBP through the exercise of the POLICE POWER
of the state.

SECTION 9. Private property shall not be taken for public use without just compensation.

Impairment of Obligations of Contracts

SECTION 10. No law impairing the obligation of contracts shall be passed.

1. For there to be an “impairment”, it must be substantial. What is substantial is NOT a question of degree, manner or
cause.
2. The constitution does not prohibit all kinds of impairment only those which cause UNREASONABLE CHANGES.
3. General Rule: Moratorium Laws are VALID so long as there is REASONABLENESS AND DEFINITENESS.
4. Zoning ordinances can impair obligations of contracts through police power.
The two implied limitations/intrusions are existing laws and attributes of sovereignty as a postulate of legal order.
5. Power of eminent domain and taxation can also impair obligations of contracts.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person
by reason of poverty.
Rights in Custodial Investigation

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation
of victims of torture or similar practices, and their families.

1. What is custodial investigation? 


HYPO: A is investigating the death of B. Information led him to C. he went to C’s house, introduced himself and stated
his purpose for the visit. A asked permission to ask questions to C about the death of B, and C consented. The
questioning was done while C was doing his household chores. A was able to acquire a confession from C. is it
admissible in evidence? 


HYPO: B got killed in August 1, 2014. A went to C’s house to inquire about the killing. When the question about where
C was at the night of the killing, C can already invoke his rights. 


2. Is section 12 same as Miranda rights? No, because the Miranda rights does not include the right to be given a counsel
if the accused cannot afford one. 


The following is the standard Miranda warning: "You have the right to remain silent. Anything you say can and will be
used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during
any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

The US Supreme Court ruling requires these four points to be clearly communicated:
1. You have the right to remain silent.
2. Anything you say can be used against you in a court of law.
3. You have the right to have an attorney present.
4. If you cannot afford an attorney, one will be appointed to you.

3. May the rights under Sec. 12 be waived? Yes, but not all. 

4. Why is there a need to give protection to persons under custodial investigation? 

5. If an extrajudicial confession was presented by the prosecution, even if the defense 
did not object to its admissibility,
the courts can still not consider the same because 
the Burden of Proof is with the prosecution. 

6. Take note of rules on police line-up. 

7. Is an audit investigation a custodial investigation? NO. 

8. Who are “law enforcement officers”? 

9. Reenactment is still part of custodial investigation. 

10. Transmission of meaningful information – must be in the language or dialect known 
to the accused. This is for him
to be able to exercise his continuing right to remain 
silent. 

11. Difference between the exclusionary rule and fruit of the poisonous tree doctrine. 


Right to Bail 


SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

1. What is bail? 

2. The two kinds of bail are those as a matter of right and those as a matter of 
discretion. 

3. When is it a matter of right? 

4. For right to bail to be denied, two requisites must concur: (1) punished by reclusion 
perpetua and (2) evidence of
guilt is strong. 

5. Bail is also a matter of right if evidence of guilt is NOT strong even if punishable by 
reclusion perpetua. 

6. A hearing for bail is mandatory. But if bail is a matter of right, the hearing will only
be for determining the amount of
bail.
7. Bail is a WAIVABLE RIGHT. 

8. In determining whether or not the offense is bailable or not, determine which is the lower penalty between the law
in force at the time of the commission and the law in 
force at the time of the application for bail.
9. Members of the military do NOT have the right to bail. And this is not a violation of 
the equal protection clause. 


HYPO: A is a member of the AFP charged with malicious mischief punishable by arresto menor. Is it bailable? Yes,
because the prohibition applies only for violations of the Articles of War and those filed before the court martial. 


10. May the right to bail be applied in extradition proceedings? Yes. Must be proven through clear and convincing
evidence.