CONSTI II: POINTERS FOR REVIEW b) Protection from Double jeopardy

(Sec 21)
1. Rights of the accused (before, during,
and after trial) 2. Rights of persons under custodial
investigation (IRC-USIR)
 BEFORE TRIAL:
IF ARRESTED: a) Right to be Informed of his rights under
a. Right to Bail - Art. III, Sec. 13 Art. III, Sec. 12(1)
b) Right to Remain silent
“All persons, except those charged with c) Right to have a competent and
offenses punishable by reclusion perpetua independent Counsel preferably of his
when evidence of guilt is strong, shall, before own choice. If he cannot afford the
conviction, be bailable by sufficient sureties, or services of counsel, he must be
be released on recognizance as may be provided with one
provided by law. The right to bail shall not be d) Right against the Use of torture,
impaired even when the privilege of the writ of violence, threat, intimidation or any
habeas corpus is suspended. Excessive bail other means which vitiates the free will
shall not be required.” e) Secret detention places, solitary or
incommunicado, or other similar forms
IF UNDER CUSTODIAL of detention are prohibited
INVESTIGATION: f) Confession or admission obtained in
violation of these rights are
a) Miranda Rights - Sec.12 (1)
Inadmissible as evidence
b) Right against self-incrimination -
g) Right to compensation and
Sec. 17
Rehabilitation if victim of torture or
c) Right against forced admission
similar practices
or confession- Sec. 12(2)
d) Right against secret detention
places, solitary confinement - 3. Requisites of right to compulsory
Sec. 12(2) process (EAES)

 DURING TRIAL (IKHICC) a) Evidence is really material;

a) Presumption of Innocence b) Accused is not guilty of neglect in
b) Right to Know the nature and previously obtaining the production of
cause of accusation against him such evidence;
c) Right to be Heard by himself c) Evidence will be available at the time
and counsel desired, and
d) Right to speedy, Impartial, and d) No Similar evidence can be obtained.
public trial
e) Right to Confrontation (meet
4. Requisites of trial in absentia (ANU)
the witness face-to-face)
f) Right to Compulsory process a) Accused has already been Arraigned;
b) He has been duly Notified of the trial;
 AFTER TRIAL (E-D) c) His failure to appear is Unjustified.
a) Right against Excessive, cruel,
degrading or inhuman penalties
(Sec 19)

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5. Exceptions to involuntary servitude
(PSP-NIP)
a) Punishment for a crime whereof the
party shall have been duly convicted.
b) Service in defense of the state
c) principle of Posse comitatus
d) Naval (merchant) enlistment
e) return to work order in Industries
affected with public interest.
f) Patria potestas
6. Characteristics of ex post facto law
(CRAP)
a) Refer to Criminal matters;
b) Retroactive in its application;
c) It Alters the situation for the accused to
his disadvantage;
d) To the Prejudice of the accused.
7. Characteristics of bill of attainder (L-J)
a) Substitutes Legislative fiat;
b) For a Judicial determination of guilt.
8. Three tests of valid governmental
interference to freedom of expression
(CDB)
a) Clear and Present Danger
b) Dangerous Tendency
c) Balancing of Interest
9. Two aspects of freedom of religion and
two fold aspects of freedom of religious
profession and worship. (NF-BA)
Two aspects of freedom of religion:
a) Non-Establishment Clause
b) Freedom of Religious Belief and
worship/ Free Exercise Clause
Two fold aspects of freedom of religious
profession and worship.
a) Freedom to Believe
b) Freedom to Act on one’s Belief
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10. Scope of liberty of abode and travel
(RLT)
a) Right to choose one’s Residence
(liberty of abode)
b) To Leave it whenever he pleases
(changing the same)
c) To Travel wherever he wills (right to
travel)
11. Restrictions on liberty of abode and
restrictions on right to travel
UPON LAWFUL ORDER OF THE COURT:
 HOLD DEPARTURE ORDER - person
facing criminal charges may be
restrained by the court from leaving the
country or if abroad, compelled to
return;
 EJECTMENT - lessee may be judicially
ejected for violation of his contractual
duties.
 RESTRAINING ORDER - judge may
prevent a person from entering certain
premises under dispute or declared off-
limits by the proper authorities.
 WARRANT OF ARREST - persons
subject of warrant may be detained to
insure public safety.
Restrictions on Right to Travel
In the interest of:
 National Security (travel ban)
 Public Safety (forced evacuation)
 Public Health (quarantine)
 as may be provided by law
12. Three rights under Article III, Sec. 2
1st RIGHT (inviolable)
a) Right of the people to be secure;
b) in their persons, houses, papers, and
effects;
c) against unreasonable searches and
seizures;
 d) of whatever nature and for any
purpose.
2nd and 3rd RIGHT (not absolute)
a) No search warrant or warrant of
arrest shall issue except upon
probable cause;
b) to be determined personally by the
judge;
c) after examination under oath or
affirmation of the
d) complainant and the witnesses he
may produce; and
e) particularly describing the place to
be searched, and the
f) persons or things to be seized.
13. Scope of protection against
unreasonable searches and seizures.
(APEL)
a) Available to All persons
b) Right is Personal
c) Can only be waived by the person
Entitled to it.
d) Right applies against the government
and its Law enforcement agencies.
14. Requisites of a valid warrant (PJ-DP)
a) It must be based upon Probable cause.
b) Probable cause must be determined
personally by the Judge.
c) Determination must be made after
examination under oath or affirmation
of the complainant and the witnesses
he may produce.
d) It must Particularly describe the place
to be searched and the persons or
things to be seized.
15. Instances where warrantless arrests
may be made. (FHF)
a) FLAGRANTE DELICTO- person to be
arrested is actually committing or is
attempting to commit an offense in the
presence of an arresting officer
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b) HOT PURSUIT- an offense had just
been committed there is probable
cause to believe based on his personal
knowledge of facts or other
circumstances that the person to be
arrested has committed the offense.
c) FUGITIVE- 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; or
who has escaped while being
transferred from one confinement to
another.
16. Instances where warrantless searches
may be made. (VVIW-SPIE)
a) Search of Vessels and aircrafts
(Customs Searches)
b) Search of moving Vehicles
c) Search (and seizure) is an Incident of
lawful arrest
d) When right is Waived or consented
searches
e) When there is valid reason to Stop and
frisk
f) Evidence in Plain view
g) Inspection of buildings and other
premises for the enforcement of fire,
sanitary and building regulations
h) Search and seizure under exigent and
Emergency circumstances
17. Requirements of valid classification
(SGLA)
a) Must be based upon Substantial
distinctions
b) Must be Germane to the purpose of the
law
c) Must not be Limited to existing
conditions only
d) Must apply equally to All members of
the same class
18. Aspects of due process and
requirements of substantive due process
 SUBSTANTIVE DUE PROCESS
- Requires the intrinsic validity of the
law in interfering with the rights of
the person to his life, liberty and
property
- This serves as a restriction on
government's law and rulemaking
powers.
 PROCEDURAL DUE PROCESS
- Refers to the method or manner by
which the law is enforced
- One which hears before it
condemns, which proceeds upon
inquiry and renders judgment only
after trial (Daniel Webster)
- Notice and hearing
- This serves as a restriction on
actions of judicial and quasi-judicial
agencies of government
REQUISITES OF SUBSTANTIVE DUE
2
PROCESS (LGM )
a) There must be a valid law upon which it
is based
b) The law must have been passed to
accomplish a valid Governmental
objective
c) The objective must be pursued in a
lawful Manner
d) The law as well as the means to
accomplish the objective must be valid
and not oppressive
OR
 LAWFUL SUBJECT
- The interests of the public as
distinguished from those of a
particular class
 LAWFUL MEANS
- Means employed must be
reasonably related to the
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accomplishment of the purpose and
not duly oppressive on individuals.
19. Requirements of procedural due
process in judicial proceedings (IJOL)
a) Impartial and competent Court
b) Jurisdiction is lawfully acquired by it
over the person of the accused
c) Accused is given Opportunity to be
Heard
d) Judgment rendered upon Lawful
hearing
20. Constitutional limitations on the power
of taxation (DEUPG)
a) Due Process
b) Equal Protection
c) Uniformity and Equitability
d) Progressive System of Taxation (Art.
VI, Sec 28)
e) Granting of Tax Exemptions (Art. VI,
Sec 28 (4)
Others:
f) Non-impairment of Contracts
g) Non-imprisonment for non-payment of
poll tax
h) Revenue and Tariff bills must originate
in the HoR
i) Non-infringement of religious freedom
j) Tax Exemption of properties actually,
directly and exclusively used for
religious, charitable and educational
purposes
k) Majority vote of all the members of
Congress required in case of legislative
grant of tax exemptions
l) Non-impairment of the SC’s jurisdiction
in tax cases
m) Tax exemption of revenues and assets
of including grants, donations to
educational institutions
21. Inherent limitations on the power of
taxation (SPINE)
a) Situs of Taxation
b) Public Purpose
c) International Comity
d) Non-delegation of power to tax
e) Exemption of government entities
22. Elements of double taxation
When additional taxes are laid on:
a) The same subject
b) By the same taxing jurisdiction
c) During the same taxing period
d) And for the same purpose
23. Entities who may exercise eminent
domain (CPLPQ)
a) Congress
b) President of the PH
c) Various Local legislative bodies (Sec
19 of Local Government Code)
d) Public Corporations (National Housing
Authority)
e) Quasi-Public Corporations (PLDT,
Meralco)
24. Requisites of eminent domain
a) Necessity- there must be a necessity
which must be of public character
b) Private Property- private property
capable of ownership; includes real and
personal, tangible and intangible;
except (1) money and (2) choses in
action (personal right not reduced into
possession)
c) Taking- physical dispossession of the
property
d) Public Use- use directly available to
the general p ublic as a matter of right
and not merely of forbearance or
accommodation
e) Just Compensation- full and fair
equivalent (monetary value) of the
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property taken from the private owner
by the expropriator; intended to
indemnify
25. Characteristics of police power (PLDEE)
a) Most Pervasive
b) The Least limitable
c) Most Demanding of the three powers
d) Most Essential insistent
e) Extending as it does to all the great
public needs
26. Tests of police power
 LAWFUL SUBJECT
- The activity or property sought to be
regulated affects the public welfare
 LAWFUL MEANS
- The lawful objective must be
pursued through a lawful method
27. Similarities and differences among state
powers
SIMILARITIES (INICE)
 Inherent in the State, exercised even
without need of express constitutional
grant.
 Necessary and indispensable; State
cannot be effective without them.
 Interferes with private rights, the
methods used by the State
 Compensable; presuppose an
equivalent compensation for private
rights interfered with
 Exercised primarily by the Legislature.
DIFFERENCES (REPC)
 Police power regulates both liberty and
property; eminent domain and taxation
affect only property Rights.
 Police power and taxation are
Exercised only by government; eminent
domain may be exercised by private
entities.
  Property taken in police power is
usually noxious or intended for a
noxious purpose and may thus be
destroyed; while in eminent domain and
taxation, the property is wholesome
and devoted to public use or purpose.
 Compensation in police power is the
intangible, altruistic feeling that the
individual has contributed to the public
good; in eminent domain, it is the full
and fair equivalent of the property
taken; while in taxation, it is the
protection given and/or public
improvements instituted by government
for the taxes paid.

-END-

FINAL EXAMS:

 2O ESSAY QUESTIONS
 25 MCQ
 15 ENUMERATIONS
 BONUS: SAY THANK YOU

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