RPH FINALS

How is the term National distinguished

from Nationality?

What is Citizenship? ● National is defined as a person

who owes allegiance to and is
A term denoting membership in a entitled to the protection of a
political community with full civil and political given state, regardless of the
privilege and this membership imply, status under domestic law.
reciprocally, a duty of allegiance on the part of ● Nationality is often used
the member and duty of protection on the part of synonymously with Citizenship.
the state. This involves rights and obligations on They are not exactly the same
the part of both the individual and the state thing, for the first has a broader
meaning than the second. All
persons are nationals, but all are
citizens of a state. Citizenship
Citizen implies complete possession of
civil and political rights in a
A person having the title of citizenship. body politic whereas nationality
He is a member of democratic community who does not necessarily confer
enjoys full civil and political rights and is these rights.
accorded protection inside and outside the
territory of the state.
Nationality Citizenship

Status of membership Legal status (jus soli,

What is the distinction between (IR context) jus sanguini, and
Nationality and Citizenship? naturalization)

Nationality Citizenship Born with it Optional to change

and (re) acquire
Nationality is Citizenship is
membership in any membership in a Undeniable and Possession of rights
political community democratic or unchanging (Civil, political, etc.)
whether monarchial, political community, (phenotypic features)
autocratic or
democratic. Emotional attachment Membership and
to a nation allegiance
Nationality does not Citizenship follows - sense of collective
necessarily carry with the exercise of civil identity, sense of
it the exercise of and political rights belongingness,
political rights solidarity.

Subject
A person can be a citizen of one country and
a national of another. Usually implies membership in a
monarchical society. A subject does not enjoy
civil and political rights.

Alien
An alien is a citizen of a country who is
residing in or passing through another country.
He is particularly called "foreigner". He is not
given the full rights of citizenship but is entitled
to receive protection as to his person and
property,
Ways of acquiring citizenship
1. Involuntary
● By Birth. Through the change of
sovereignty which results in the
acquisition by each individual
of the ceded or acquired
territory of the citizenship under
the new sovereign in the
absence of treaty.
● Through direct legislative grant.
2. Voluntary
● Through marriage. Which
results in the acquisition by the
wife of the citizenship of the
husband in case of difference in
citizenship of the parties, except
where the wife is barred from
acquiring the citizenship of the
husband by the law of the nation
of the latter.
● Through the election which is
the acquisition of citizenship
after reaching the age of
majority.
● Naturalization of the head of the
family which results in the
naturalization of the wife and
the minor children living with
him.
Two Principles governing citizenship by birth
1. Jus Sanguinis. Citizenship by
virtue of blood relationship. The
children follow the citizenship
of the parents. This prevails in
the Philippines.
2. Jus Soli. Citizenship by virtue
of the place of birth. A person
becomes a citizen of the state
where he is born irrespective of
the citizenship of the parents.
This principle prevails in the
United States.
Different kinds of citizens under the
constitution
● National-born citizens
● Citizens at the time of the
adoption of this constitution
● Those who elect Philippine
citizenship upon reaching the
age of reason
● Those who are naturalized in
accordance with law.
Who are considered as natural born citizens?
Section 2: Those who are citizens of the
Philippines from birth without having to perform
any act to acquire or perfect their Philippine
citizenship.
Naturalization
Is the legal act of adopting a foreigner
into the political body of the state and clothing
him with the rights and privileges of a citizen. It
implies the renunciation of a former nationality
and the fact of entrance to a similar relation
towards a new body politic.
 A person may be naturalized either by
complying with both the substantive and
procedural requirements of a general
naturalization law or he may be naturalized by a
special act of the legislature.
Grounds for reacquiring lost Philippine
Citizenship
1. By naturalization
2. By repatriation
3. By direct act of congress.
Derivative Citizenship
The unmarried child, whether
legitimate, illegitimate or adopted, below 18
years of age, of those who reacquire Philippine
citizenship upon effect of the act shall be
deemed citizens of the Philippines.
Allegiance
Is loyalty owed by a person to his state.
Section 5 prohibits more particularly naturalized
Filipinos from practicing what is called "dual
allegiance" declaring it inimical to national
interest.
Determine the citizenship of the child with the
following conditions:
1. The father and mother are Filipino
citizens
2. The father is a former American
citizen and was naturalized as Filipino
and the mother is American citizen
3. The father was born in the Philippine
on December 25, 1970 whose father is
US navy and a Filipina mother; failed to
elect his citizenship.
4. The child was born in the Philippines
whose parents are Germans
5. The child was born inside the
Philippine Airlines of American parents.
6. The parents are both chinese and were
naturalized as filipino citizens and their
child was born in the Philippines
7. The child was born in Los Angeles of
a filipina mother and American father
8. Filipino couples migrated to the US
and acquired US citizenship and had
children there.
Suffrage
It is a right and obligation to vote for
qualified citizens in the election of certain
national and local officers of the government
and in the decision of public questions submitted
to the people.
SECTION 1: Maybe exercise by all
citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in the
Philippines for at least one year and in the place
where they propose to vote for at least six
months immediately preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage.
Nature of the right of suffrage
1. A mere privilege
Suffrage is not a natural right of the
citizens by merely a privilege to be given or
withheld by the lawmaking power subject to
constitutional limitations. Suffrage should be
granted to individuals only upon the fulfillment
of certain minimum conditions deemed essential
for the welfare of society.
2. A political right
In the sense of a right conferred by the
constitution, suffrage is classified as a political
right, enabling every citizen to participate in the
process of government to assure that it derives
the power from the consent of the governed.
Scope of Suffrage;
1. Election
It is the means by which the
people choose their officials for definite
and fixed periods and to whom they
entrust, for the time being as their
representatives, the exercise the powers
of government;
2. Plebiscite
It is the name given to a vote of
the people expressing their choice for or
against a proposed law or enactment
submitted to them. The term also
applied to an election at which any
proposed amendment to, or revision of,
the constitution is submitted to the
people for their ratification. A plebiscite
is also required by the Constitution to
secure the approval of the people
directly affected before certain proposed
changes affecting local government
units may be implemented.
3. Referendum
It is the submission of the law or
part thereof passed by the national or
local legislative body to the voting
citizens of a country for their ratification
or rejection
4. Initiative
It is the process whereby the
people directly propose and enact laws.
5. Recall
It is a method by which a public
officer may be removed from the office
during his tenure or before the
expiration of his term by a vote of the
people after registration of a petition
signed by a required percentage of the
qualified voters.
Bill of rights
The declaration and enumeration of the
person’s rights and privileges designed to protect
against violations by the government or by an
individual & to limit the powers of the State.
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.
2 ASPECTS OF DUE PROCESS OF LAW
1. Procedural Due Process
Method or manner by which the
law is enforced
2. Substantive Due Process
The law itself is fair, reasonable
and just
EQUAL PROTECTION OF THE LAW
…all persons under like circumstances and
conditions both in the privileges conferred and
liabilities imposed should be treated alike.
ICHONG vs. HERNANDEZ
FACTS: The legislature passed a law –
R.A. No. 1180 entitled “An Act to Regulate the
Retail Business” nationalizing the retail trade
business by prohibiting aliens and foreign
corporations from engaging in the retail trade.
Petitioner Ichong, on behalf of other alien
residents, brought an action for judicial
declaration that R.A. No. 11 80 is
unconstitutional for being violative of the equal
protection clause and depriving them of their
liberty and property without due process of law.
ISSUES: Whether or not R.A. No. 1180
violates the „due process of law‟ and equal
protection clause‟
HELD: There is no violation of due
process of law. R.A. No. 1180 was enacted to
remedy a real threat and danger to the national
economy posed by alien dominance and control
of the retail business – the law is reasonable.
R.A. No. 1180 does not violate the equal
protection clause as there exist sufficient
grounds for the distinction between alien and
citizen in the exercise of the occupation – the
alien resident owes allegiance to the country of
his birth. His stay here is for personal
convenience. His gains and profits are not
invested in industries that would help the
country’s economy and increase national wealth.
DECS vs. SAN DIEGO
FACTS: Mr. San Diego took the NMAT
(National Medical Admission Test) three times
and flunked it three times also. When he applied
to take it again, the DECS rejected his
application on the basis of the MECS rule.
ISSUE: Whether or not MECS rule on
the „3 flunk rule‟ violates the equal protection
clause.
HELD: No. A law does not have to
operate with equal force on all persons or things.
In the present case, there exists a substantial
distinction between medical students and other
students who are not subjected to the „3 flunk
rule‟. The medical profession directly affects the
lives of the people. An accountant does not hold
the same delicate responsibility.
SECTION 2. The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any purpose
shall be inviolable, 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, and particularly describing the
place to be searched and the persons or things to
be seized.
“Probable cause”
Such facts and circumstances are
sufficient to induce a cautious man to believe
that a crime might have been committed.
SEARCH WARRANT
An order in writing issued by the court
commanding a peace officer to search for certain
personal property.
WARRANT OF ARREST
An order in writing issued by the court
commanding a peace officer to arrest a person.
INSTANCES WHEN SEARCH MAY BE
MADE WITHOUT A WARRANT
1. There is a consent or waiver
2. Search is incidental to a lawful
arrest
3. When forfeited goods are being
transported by powerful ship or
other automobiles
4. Plain View Doctrine
5. Inspection is in the exercise of
Police Power
6. Searches made at the border or
at the ports of entry
WHEN ARREST MAY BE MADE
WITHOUT WARRANT
1. When, in the presence of the
arresting officer, the person to
be arrested has committed, is
actually committing or is
attempting to commit an
offense.
2. When an offense has in fact just
been committed and the
arresting officer has personal
knowledge of the facts.
3. When the person to be arrested
is an escapee.
PADILLA vs. COURT OF APPEALS
FACTS: One night, in Angeles City,
Manarang and his compadre heard a screeching
sound produced by the sudden and hard breaking
of a vehicle running very fast. Maranang went to
the location of the accident and found out that
the vehicle had hit somebody. He reported the
incident to the police who chased the vehicle
which was cut and forced to stop on the Abacan
bridge. The driver rolled down the window and
put his head out while raising both hands.
Because he was wearing a short leather jacket, a
gun tucked on his waist was revealed. He was
arrested and firearms were confiscated.
ISSUES: 1) Whether or not his
warrantless arrest is legal.
HELD: 1) Yes. The warrantless arrest is
legal. Padilla was arrested after he had
committed an offense – hit and run – in the
presence of the arresting person. “Presence”
does not only require that the arresting person
sees the offense but also when he hears the
disturbance and proceeds at once to the scene.
In fact, caught in the act with possession of
unlicensed firearms and ammunition is another
offense which Padilla was actually committing
when he was arrested.
ISSUES: 2) Whether or not the
warrantless seizure of firearms is legal.
HELD: Yes. The seizure Padilla‟s
firearms falls under the following instances for a
warrantless seizure:
Plain View Doctrine the revolver and
magazine were tucked in Padilla‟s waist and
pocket when he raised his hands after alighting
from pajero.
*Search incidental to a lawful arrest –searches
were made during the commission of two
offenses ( hit & run and illegal possession of
firearms)
SECTION 3.
(1) The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety
or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.

REPUBLIC ACT NO. 9372 “Human Security
Act of 2007.”
SEC. 7. Surveillance of Suspects and
Interception and Recording of Communications.
– The provisions of Republic Act No. 4200
(Anti-wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement
official and the members of his team may, upon
a written order of the Court of Appeals, listen to,
intercept and record, with the use of any mode,
form, kind or type of electronic or other
surveillance equipment or intercepting and
tracking devices, or with the use of any other
suitable ways and means for that purpose, any
communication, message, conversation,
discussion, or spoken or written words between
members of a judicially declared and outlawed
terrorist organization, association, or group of
persons or of any person charged with or
suspected of the crime of terrorism or conspiracy
to commit terrorism.
Gaanan vs. IAC
FACTS: During the telephone
conversation between Atty. Pintor and Atty.
Laconico regarding the settlement of their case,
Gaanan secretly listens to it through a telephone
extension as per instruction of Atty. Laconico.
Gaanan heard that Atty. Pintor demanded P8,000
for the withdrawal of the case for direct assault.
For this ground, Atty. Pintor was charged with
the crime of robbery/extortion using the
testimony of Gaanan in the conversation as
evidence.
Atty. Pintor argues that the telephone
conversation cannot be used as evidence for
being violative of the Anti-Wiretapping Act
(which prohibits a person from tapping any wire
or cable by using another device to secretly
overhear a communication.
ISSUE: Whether or not listening to the
private conversation on an extension line is a
violation of the Anti-Wire Tapping Act.
HELD: No. The law refers to a tap of a
wire or use of a device for the purpose of
secretly overhearing, intercepting, recording the
communication. There must be physical
interruption. Telephone extension was not
installed for that purpose. It just happened to be
there for ordinary office use.
SECTION 4. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the Government for
redress of grievances.
ELEMENTS:
1. Freedom from Previous
Restraint
2. Freedom from Subsequent
Punishment
EXCEPTION:
CLEAR & PRESENT DANGER RULE
Abridgment of the liberty can be
justified only where there exists substantial
danger that the speech will likely lead to an evil
which the government has the right to prevent.
Malabanan vs. Ramento
FACTS: By virtue of the permit granted
by Gregorio Araneta University Foundation,
officers of the Student Council held a general
assembly at the basketball court of the school.
They manifested their opposition to the
proposed merger of the Institute of Animal
Science with the Institute of Agriculture. They
marched toward the area which is outside the
coverage of the permit. As a result, classes were
disturbed, work of the non-academic personnel
were stopped because of the noise created. The
school imposed the penalty of 1 year suspension
for holding an illegal assembly.
ISSUE: Whether or not such an act of
the school is a violation of freedom of speech
and right to assemble.
HELD: Yes. Student leaders would be
ineffective if they speak in the guarded
language. Audience may give the speakers the
benefit of their applause, but with the activity
taking place in the school premises during
daytime, no clear and present danger to the
public is discernible.
Ayer Production vs. Capulong
FACTS: Ayer Productions, a movie
production company, proposed a motion picture
entitled “Four Day Revolution” (documentary
film) which is a reenactment of the events that
made possible the EDSA Revolution where Juan
Ponce Enrile played a major role. Pending the
shooting, Enrile filed a complaint with TRO
seeking to stop Ayer Production from producing
the movie for being violative of his right of
privacy. The court issued the TRO.
On the other hand, Ayer Production claims that
the filming of the motion picture is just an
exercise of their freedom of speech and
expression.
ISSUES: 1.) whether or not Enrile’s
right of privacy is violated
2.) whether or not Ayer Productions freedom of
speech and expression is violated
HELD: 1.) No. Right of privacy cannot
be invoked to resist publication of matters of
public interest. Such right is the right to free
from the wrongful publicizing of the private
matters and affairs of an individual which are
outside the parameters of legitimate public
concern. The film relates to a highly critical
stage in the history of this country and as such ,
must be regarded as having passed into the
public domain and as an appropriate subject for
speech and expression and coverage by any form
of mass media. The film is not all about Enrile.
2.) Yes. The issuance of TRO by the court is a
„prior restraint‟ from filming and producing the
entire motion picture. No one knew yet what the
completed film would look like , therefore, no
clear and present danger is present.
People vs. Kottinger
FACTS: Camera Supply Co., managed
by Kottinger, was raided . The authorities
confiscated the post cards (portraying the
inhabitants of the country in native dress as they
appear and can be seen in the regions in which
they live) for being obscene and indecent
publications.
ISSUE: whether or not such postcards
are obscene or indecent
HELD: No. Obscene ordinarily means
something which is offensive to chastity;
something that is foul, offensive to pure minded
persons. The photos in question merely depict
persons as they actually live, without attempted
presentation of persons in unusual dress. The
moral sense of the people in the Philippines
would not be shocked by photographs of this
type.
SECTION 5. No law shall be made respecting
an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.
RELIGIOUS FREEDOM
Right to worship and to entertain such
religious views without dictation or interference
by any person.
2 ASPECTS OF RELIGIOUS PROFESSION
& WORSHIP
1. Freedom to believe (absolute)
2. Freedom to act in accordance with
such belief (limited)
American Bible Society vs. City of Manila
FACTS: ABS, a missionary
corporation, has been selling bibles and other
religious materials until the City of Manila
informed them that it was conducting the
business of general merchandise without
mayor‟s permit and municipal license, hence, a
violation of an ordinance. To avoid the closing
of its business, ABS paid under protest the said
permit and license fee arguing that it is not
engaged in the business of general merchandise
but is just exercising its right to religion and it
never made any profit from the sale of its bibles.
ISSUE : whether or not the right to
religion of ABS is violated when the City of
Manila requires it to pay license fees .
HELD: Yes. ABS does not engage in
the business of selling merchandise for profit.
Imposition of license fee would impair its free
exercise of religious profession and worship, as
well as its right to disseminate religious beliefs.
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.
Manotoc, Jr. vs. Court of Appeals
FACTS: Manotoc, Jr. and other
stockholders of Manotoc Securities, Inc. filed a
petition with the Securities and Exchange
Commission (SEC) a petition for the
appointment of a management committee.
Because of the fake document submitted by
Manotoc, Jr. to the SEC, a criminal case for
estafa was filed. Pending disposition, SEC
requested the Bureau of Immigration to issue a
Hold Departure Order (HDO) against him.
Manotoc, Jr. filed before the court a Motion for
permission to leave the country stating his
ground his desire to go to the U.S. relative to his
business transactions invoking his right to travel.
ISSUE: Whether or not Manotoc, Jr.,
facing criminal charges has an absolute right to
travel.
HELD: No. Under Section 6 of Article
III, the right to travel may be impaired upon
lawful order of the court. If the accused would
be allowed to leave the Philippines without
sufficient reasons, he may be placed beyond the
reach of the courts.
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.
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.
SECTION 9. Private property shall not be taken
for public use without just compensation.
3 INHERENT/ESSENTIAL POWERS OF
THE GOV’T.
1. POLICE POWER
Power to regulate the use of liberty &
property for the promotion of public health,
public morals, public safety, and the general
welfare and convenience of the people.
2. EMINENT DOMAIN
Power to take private property for public
use upon payment of just compensation
3. TAXATION
Power to impose charge on
persons/properties for the support of the
government
SIMILARITIES of the STATE’S INHERENT
POWERS
1. They all rest upon necessity because there can
be no effective government without them.
2. They are inherent in sovereignty; hence, they
can be exercised even without being expressly
granted in the Constitution.
3. They are ways by which the State interferes
with private rights and property.
DISTINCTIONS AMONG THE THREE
POWERS
As to authority which exercises the power
● POLICE POWER is exercised only by
the government.
● EMINENT DOMAIN may be granted to
public service companies.
● TAX‟N POWER is exercised only by
the government.
As to purpose
● POLICE POWER, property is taken or
destroyed for the purpose of promoting
general welfare.
● EMINENT DOMAIN, property is taken
for public use.
● TAX‟NPOWER, property is taken for
the support of the gov‟t.
As to effect
● POLICE POWER, there is a restraint in
the injurious use property
● EMINENT DOMAIN, there is transfer
of the right to property
● TAX‟NPOWER, the money contributed
becomes part of public funds.
As to persons affected
● POLICE POWER, operates upon a
community
● EMINENT DOMAIN, operates on an
individual as the owner of a particular
property
● TAX‟NPOWER, operates upon a
community or a class of individuals
DECS vs. SAN DIEGO
FACTS: Mr. San Diego took the NMAT
(National Medical Admission Test) three times
and flunked it three times also. When he applied
to take it again, the DECS rejected his
application on the basis of the DECS rule.
ISSUE: Whether or not DECS rule on the „3
flunk rule‟ is within the police power of the
state.
HELD: Yes. The subject of the challenged
regulation is certainty within the ambit of the
police power. It is the right and responsibility of
the State to ensure that the medical profession is
not infiltrated by incompetents to whom patients
may entrust their lives and health. While every
person is entitled to aspire to be a doctor, he
does not have a constitutional right to be a
doctor. This is true in any other calling in which
the “public interest” is involved.
CITY GOVERNMENT OF QUEZON CITY
VS. ERICTA
FACTS: The Quezon City government passed
an Ordinance which provides that at least 60%
of the total area of the memorial park cemetery
shall be set aside for charity burial of deceased
persons who are paupers. Himlayang Pilipino
reacted, seeking to annul the ordinance because
such is a taking of property as it restricts the use
of the property and deprives the owner of all
beneficial use of its property.
The Quezon City government argues that the
taking of the Himlayang Pilipino property is an
exercise of police power and that the land is
taken for a public use – burial ground of
paupers.
ISSUE: Is the ordinance an exercise of police
power or eminent domain.
HELD: Eminent domain. The ordinance is
actually a taking without compensation of a
certain area from a private cemetery to benefit
paupers. Instead of building or maintaining a
public cemetery for this purpose, the city passes
the burden to private cemeteries.
SECTION 10. No law impairing the obligation
of contracts shall be passed.
Obligation of a Contract
Is the law which binds the parties to
perform their agreement according to its terms
provided it is not contrary to law, morals, good
customs, public order or public policy.
Purpose of non-impairment
Is to protect the creditors, to assure
fulfillment of lawful promises. Business
problems would arise if contracts are not stable
and binding.
CONSTITUTIONAL RIGHTS OF THE
ACCUSED IN CRIMINAL CASES
Article III, Section 11 to 22
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.
Reasons for constitutional safeguards:
1. A criminal case, an unequal contest.
Every criminal case is a contest between
an individual and the government, thus, an
unequal contest because the parties are of
unequal strength. To remedy the imbalance, the
Constitution gives the accused several rights.
2. Criminal accusation, a very serious matter.
A man, accused of having committed a
crime, may lose his job or ruin his life, and
therefore, he needs all possible opportunities to
establish his innocence.
3. Protection of innocent, the underlying
principle
 The purpose is to assure that truth will
be discovered and that justice will be done.
Under the Constitution, the acquittal of the
innocent is given preference rather than
conviction of the criminal.
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.
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.
Meaning of “BAIL”: security (cash, property,
recognizance) required by a court & given for
the temporary release of a person under the
custody of the law conditioned upon his
appearance before any court.
Exception: those charged with offenses
punishable by “reclusion perpetua”
(imprisonment for 20 years or more) when
evidence of guilt is strong (conduct a hearing).
NOTE: After the finality of judgment, no bail
shall be allowed.
SECTION 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his
behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused
provided that he has been duly notified and his
failure to appear is unjustifiable.
Rights of accused during trial
1. To be presumed innocent
● Unless proven “guilty beyond
reasonable doubt” ( amount of evidence
required to convict a person)
● Burden of proof is upon the prosecution
● It is better to acquit a person upon the
ground of reasonable doubt even though
he may in reality be guilty than to inflict
imprisonment on one who may be
innocent.
2. To be heard by himself and counsel from the
arraignment to the promulgation of judgment.
“ARRAIGNMENT”
● a copy of the complaint is being
read in the language or dialect
known to him, asking him
whether he pleads guilty or not
guilty.
 ● It is at this stage that the
accused for the first time is
granted the opportunity to know
the precise charge that confronts
him.
EXCEPTION: “TRIAL IN ABSENTIA”
3. To be informed of the nature and cause of the
accusation against him so as to enable him to
prepare his defense.
4. To have a speedy, impartial and public trial.
Speedy trial
Is a trial that can be has as soon as
possible, after a person is indicted and within
such time as the prosecution within reasonable
diligence could prepare for it.
Impartial trial
Implies an absence of bias in the trial of
cases.
Public trial
Should permit anyone who wishes to
attend hearings except in certain cases.
5. To meet the witnesses face to face
● To cross examine the witnesses and to
test their recollection and veracity
● To give the judge an opportunity to see
the demeanor and appearance of
witnesses while testifying
6. Compulsory production of witnesses and
evidence
“SUBPOENA”
An order that may be issued by the court
to compel the attendance of witnesses in order to
testify on behalf of the accused.
SECTION 15. The privilege of the writ of
habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public
safety requires it.
“WRIT OF HABEAS CORPUS”
A court order directing a person to
detain another, commanding him to produce the
body of the prisoner and show sufficient cause
for holding in custody the person detained.
Purpose:
● To inquire about the manner of restraint
or detention and to relieve the person if
such restraint is illegal.
Procedure:
1. Prisoner files a petition to the proper
court.
2. Court issues the writ.
3. Writ is sent to the custodian.
4. Custodian produces the prisoner in court
explaining the cause of detention.
5. Judge decides whether detention is legal
or not.
SECTION 16. All persons shall have the right
to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to
be a witness against himself.
Section 17 of Article III is known as the
“RIGHT AGAINST SELF
INCRIMINATION”
What is being protected here is the so-called
TESTIMONIAL SELF-INCRIMINATION
only which means getting the evidence or
testimony from the accused‟ own lips or from
the accused‟ handwriting.
SECTION 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations. (2) No involuntary servitude in any
form shall exist except as punishment for a
crime whereof the party shall have been duly
convicted.
“INVOLUNTARY SERVITUDE”:
● A compulsory service of one to another.
● Purpose of prohibition:
● Human dignity is not a merchandise for
commercial barters.
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted.
Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be
reduced to reclusion perpetua.
“HEINOUS CRIMES”
Offenses that are exceedingly bad or evil
or those committed with extreme cruelty as to
shock the general moral sense such as rape,
parricide, murder, robbery with homicide.
SECTION 20. No person shall be imprisoned
for debt or non-payment of a poll tax.
SECTION 21. No person shall be twice put in
jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.
“DOUBLE JEOPARDY”
● When a person is charged with an
offense and the case is terminated by
acquittal or conviction, he will be
charged again with the same offense.
Purpose of Right Against Double Jeopardy:
Protection against the perils of a second
punishment, as well as, a second trial for the
same offense.
SECTION 22. No ex post facto law or bill of
attainder shall be enacted.
“EX POST FACTO LAW”
One which, operating retrospectively,
deprives the accused of some protection or
defense previously available, to their
disadvantage.
“BILL OF ATTAINDER”
Inflicts punishment without judicial
trial, thus, a violation of due process of law.
QUIZ BEE Questions:
1. The Bill of Rights governs the
relationship between the individual and
the state. The Bill of Rights is likewise
concerned with the relation of private
individuals.
ANSWER: FALSE
 2. Rosalie Garcia filed a case against her
husband, Jesus Garcia, for violation of
R.A 9262 (Violence against women and
their children.) The RTC then issued a
Temporary Protection Order.
Jesus argues that R.A 9262 violates the
guarantee of equal protection because
the remedies against personal violence
that it provides may be invoked only by
the wives or women partners but not by
the husbands or male partners even if
the latter could possibly be victims of
violence by their women partners.
Does R.A 9262 violate the equal
protection clause of the Constitution?
ANSWER: No. There is a substantial
distinction between men and women in terms
of abuse. Women are more prone to violence
and abuse.
3. Under Article III, Section3 of Bill of
Rights, which provides for the exclusion
of evidence that violate the right to
privacy of communication and
correspondence, to come under the
exclusionary rule, the evidence must be
obtained by;
A. private individuals acting on their own.
B. government agents
C. individuals acting on order of superiors
D. former high government officials
4. The complementing regime that best
characterizes the guarantees of freedom
of speech and of the press are:
A. Prior punishment and oderate punishment
B. Prior censorship and subsequent remedies
C. No prior restraint and subsequent punishment
D. No prior restraint and no subsequent
punishment.
5. COMELEC passed a resolution banning
the publication of surveys among the
presidential candidates. COMELEC
argues that the purpose of such
resolution is to prevent the bandwagon
effect that has happened before in
previous elections; those who are behind
really failed way, way down the list and
those at the top were hoisted way, way
up; that the survey results are
anti-democratic; that it should be based
on merits and not on "win-ability."
Does the law abridge freedom of
speech?
ANSWER: YES
6. The Gangnam style's witness (whose
tenets are derogatory to the Catholic
Church), applied for a permit to use the
public plaza and kiosk to hold their
religious meeting on the occasion of
their founding anniversary. Mayon
Lebron allowed them to use the
northwestern part of the plaza but not
the kiosk (which is a few meters away
from the catholic church.)
Members of the Gangnam Style
Witnesses claim that the act of Mayor
Lebron is a violation of their freedom of
assembly and religion.
Is this correct?
ANSWER: Yes, because there is no clear and
present danger in holding a religious meeting
by another religious group near a catholic
church
7. Which is not recognized limitation to
the right to information on matters of
public concern:
A. national security means
B. Trade secrets and banking transactions;
C. Criminal matters or classified law
enforcement
D. Government research data used as a basis
for policy development.
8. Brenda, an actress signed a two year
contract with Bantayan Films, The Film
company undertook to promote her
career and to feature her as the leading
lady in at least 4 movies. In turn, Brenda
promised that, for the duration of the
contract, she shall not get married or
have a baby; otherwise, she shall be
liable to refund to the film company a
portion of its promotion expenses.
Does this contract impair any
constitutionally protected liberty of
Brenda?
ANSWER: No
9. All person charged shall, before
conviction, be bailable by sufficient
sureties except those charged with;
A. Offenses punishable by death when evidence
of guilt is strong
B. Offenses punishable by life imprisonment
when evidence of guilt is strong
C. Offenses punishable by death when evidence
of guilt is weak
D. Offenses punishable by reclusion perpetua
when evidence of guilt is strong.
10. The death penalty shall not be imposed:
A. Unless for complelling reasons involving
death penalty crimes and the executive hereafter
provides for it
B. Unless for compelling reasons involving
heinous crimes and a constitutional amendment
provides for it.
C. Unless for compelling reasons involving
heinous Congress hereafter provides for it.
D. Unless for compelling reasons involving
heinous crimes and the supreme court hereafter
upholds it.
11. The ex post facto law has been defined
as one;
A. wish aggravates a crime or makes it lesser
than when it was committed
B. which mitigates a crime or makes it lesser
than when it was committed
C. which aggravates a crime or makes it
greater than when it was committed
D. which aggravates a crime or makes it
non-criminal after it was committed.
12. Basic Philippine Law, in respect of the
modes of acquiring citizenship, follow
the rules of:
A. Jus soli and jus sanguinis
B. Naturalization and provides for jus soli
C. jus sanguinis and provides for
naturalization
D. None of the above
13. What is the citizenship status of
foundlings?
A. Natural Born citizen
B. Naturalized citizen
C. Derivative citizen
D. Dual Citizen
14. One night, in Tarlac City, Bacon and his
compadre heard a screeching sound
produced by the sudden and hard
breaking of a vehicle running very fast.
Bacon went to the location of the
accident and found out that the vehicle
had hit somebody. He reported the
incident to the police who chased the
vehicle which was cut and forced to stop
 on a bridge. The driver rolled down the
window and put his head out while
raising both hands. Because he was
wearing a short leather jacket, a gun
tucked on his waist was revealed. He
was arrested and his firearms were
confiscated. Is his warrantless arrest
allowed by our Constitution?
ANSWER: warrantless arrest is allowed. The
driver was arrested after he committed an
offense in the presence of an arresting person.
“presence” also applies when the arresting
person hears the disturbance and proceeds at
once to the scene.
15. The right of the accused against
self-incrimination will be violated if:
A. he is charged with violation of the
Anti-Money Laundering Act and he was
required to produce his bank passbook;
B. he is a public officer charged with amassing
ill-gotten wealth and his statement of assets and
liabilities will be presented as evidence;
C. his gun was subjected to a ballistics test;
D. A sample of his blood was taken if his blood
type matches the blood type found at the scene
of the crime.
16. Butchoy installed a jumper cable. He
was prosecuted under a Makati
ordinance penalizing such acts. He
moved for its dismissal on the ground
that the jumper cable was within the
territorial jurisdiction of Mandaluyong
and not Makati, The case was dismissed.
The City of Mandaluyong thereafter
filed a case against him for theft under
the Revised Penal Code (RPC). Is there
double jeopardy?
ANSWER: D. No, the second kind of double
jeopardy under section21, article iii only
contemplates conviction or acquittal
which could terminare a first jeopardy.
17. At the age of 6, Juan dela Cruz, a
Filipino, migrated to the US with his
family and acquired citizenship there.
Not so happy with his life in the US, he
returned after ten years to the
Philippines on June 12, 2009 and
decided to reside in Makati while
waiting for the approval of his petition
for the reacquisition of his Filipino
citizenship.
After six months of waiting, his
petition was finally granted by the court
and his Filipino citizenship was
restored. Afterwards, on January 7, 2010
he went back to his hometown Victoria,
Laguna to permanently reside there and
start anew. However, he noticed that
little things have changed since he left
for the US 10 years ago. Widespread
poverty is still evident in the life of the
people of Victoria. In that year, the
national election was held on May 11,
2010 and he decided that he would
register and vote in that election.
What is/are the possible constitutional
impediment/s for him to register and vote?
ANSWER: E. (a(age) & b (time of residency))