BILL OF RIGHTS
B. Right to Property
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.
Significance: The Bill of Rights is a guarantee that there are certain areas of a person’s life,
liberty and property which governmental powers may not touch.
Guarantees of the Bill of Rights
The Bill of Rights focuses on civil and political rights and the guarantees in the Bill of Rights
are generally self-implementing, they can be appealed to even in the absence of
implementing legislation Powers of the government limited by the Bill of Rights
A. Police Power
“The most essential, insistent and the least limitable of powers, extending as it does to all
the great public needs” “The inherent and plenary power in the State which enables it to
prohibit all that is hurtful to the comfort, safety, and welfare of society”.
Scope Police power rests upon public necessity and upon the right of the State and of the
public to self-protection. For this reason, its scope expands and contracts with changing
needs.
Who exercises police power? The national government, through the legislative
department, exercises police power. But police power is also delegated, within limits, to
local governments.
Local governments may regulate business but may not engage in the licensing or
regulation of professions. Professional regulation is given to various professional boards.
Acebedo Optical Co. v. CA Not being a political subdivision but merely an executive
authority, MMDA does not possess police power. MMDA v. Bel-Air Village Assoc.
B. Power of Eminent Domain
Government’s coercive authority, upon just compensation, to forcibly acquire a property
to devote it to public use
C. Power of Taxation
Power to raise revenues Rights protected by the Bill of Rights
A. Right to Life
Right to Life is not just a protection of the right to be alive or to the security of one’s limb
against physical harm but is the right to a good life.
Protected property includes all kinds of property found in the Civil Code. It also includes
the right to work and the right to earn a living. A mere privilege, however, may evolve into
some form of property right protected by due process.
Doctrines
No right is absolute, and the proper regulation of a profession, calling, business or trade
has always been upheld as a legitimate subject of a valid exercise of the police power by
the state particularly when their conduct affects either the execution of legitimate
governmental functions, the preservation of the State, the public health and welfare and
public morals. Exec. Sec. v. CA
When property is classified into historical treasures or landmarks, such classification
should be done with both procedural and substantive due process especially when it “will
involve imposition of limits on ownership.” Army and Navy Club of Manila v. CA
The right to protected property is not absolute, and can be overturned upon a showing of
reasonable fair, and just management practices by the employer. In this case, the
protection of trade and manufacturing secrets is a reasonable management practice to
justify the prohibition. Duncan Assoc. v. Glaxo Wellcom Phils. Roan Salanga I-A Consti II
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Regulation against private property which constitutes a permanent deprivation of
property without just compensation is “unlawful taking” and is no longer a valid exercise
of police power. People v. Fajardo
C. Right to Liberty
Only those authorized by law may bear arms. US v. Villareal
Hierarchy of Rights
The primacy of human rights over property rights is recognized.
Doctrines “A mere reasonable or rational relation between the means employed by the
law and its object or purpose—that the law is neither arbitrary nor discriminatory—would
suffice to validate a law which restricts or impairs property rights. On the other hand, a
constitutional or valid infringement of human rights requires more stringent criterion,
namely existence of a grave and immediate danger of a substantive evil which the State
has the right to prevent.” Phil. Blooming Mills Employees Org. v. Phil. Blooming Mills Co.
In a pension plan where employee participation is mandatory, the prevailing niew is that
employees have contractual or vested rights in the pension where the pension is part of
the terms of employment. Thus, where the employee retires and meets the eligibility
requirements, he acquires a vested property right to benefits that is protected by the due
process clause. GSIS v. Montesclaros
In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a
preferred position as they are essential to the preservation and vitality of our civil and
political institutions. Kinds of Due Process
A. Procedural Due Process
This relates chiefly to the mode of procedure which government agencies must follow in
the enforcement and application of laws. It is a guarantee of procedural fairness.
Requirements (non-criminal cases)
1. There must be a court or tribunal clothed with judicial power to hear and
determine the matter before it
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceedings
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
During the executive phase of an extradition proceeding, an extraditee does not have the
right of access to evidence in the hands of government. But during the judicial phase, he
has. Secretary v. Judge Lantion
Invalidating an ordinance requires evidence, which the one assailing unconstitutionality is
burdened to present and prove. The general presumption when the State interferes with
life, liberty, and property is that the action is valid. Ermita-Malate Hotel and Motel
Operators v. City of Manila
The applicable doctrine for criminal cases, in determining whether they comply with due
process, is the “sufficient warning” test, or whether or not a statutes language convey a
sufficiently definite warning as to the proscribed conduct when measured by common
understanding and practice. Estrada v. Sandiganbayan
Vagueness of the Law
A law is “vague” when it lacks comprehensible standards that men “of common
intelligence must necessarily guess as to its meaning and differ as to its application.
It is repugnant to the Constitution in 2 respects:
1. It violates due process for failure to accord persons, especially the parties targeted
by it, fair notice of the conduct to avoid
2. It leaves law enforcers unbridled discretion in carrying out its provisions and
becomes an arbitrary flexing of the Government muscles
Requirements (student’s disciplinary proceedings)
1. The right to be informed in writing of the nature of the accusation
2. The right to answer the charge with the assistance of counsel
3. The right to be informed of the evidence against them
4. The right to adduce evidence in their own behalf
5. The right for the evidence to be duly considered by the investigating committee
6. Proportionality of the penalty to the offense
Requirements (administrative cases)
1. The right to actual or constructive notive of the institution of proceedings which
may affect a respondent’s legal rights
2. A real opportunity to be heard personally or with the assistance of counsel, to
present witnesses and evidence in one’s favor, and to defend one’s rights
3. A tribunal vested with competent jurisdiction and so constituted as to afford a
person charged administratively a reasonable guarantee of honesty as well as
impartiality
4. A finding by said tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained the records or mad known to the
parties affected
Doctrines (administrative case): A respondent in an administrative case is not entitled to
be informed of the findings and recommendations of an investigating committee created
to inquire into charges filed against him but is only entitled to the administrative decision
based on substantial evidence made of record, and a reasonable opportunity to meet the
charges and the evidence presented against him during the hearing of the investigation
committee. Pefianco v. Moral Although deportation proceedings are not criminal in
nature, the consequences can be as serious as those of a criminal prosecution. The
provisions in the Rules of Court for criminal cases are applicable. Lao Gi alias Chia Jr. v. CA
Quantum of proof Administrative proceedings = substantial evidence; such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion Notice
and Hearing In quasi-judicial proceedings, notice and hearing is always required; but in the
performance of executive or legislative functions, such as issuing rules and regulations, an
administrative body need not comply with the requirement.
B. Substantive Due Process
This is a prohibition of arbitrary laws. The legislature may not, under the guise of
protecting the public interest, arbitrarily interfere with private business or impose unusual
and unnecessary restrictions upon lawful occupations. The heart of substantive due
process is the requirement of “reasonableness” or absence of exercise of arbitrary power.
These are necessarily relative concepts which depend on the circumstances of every case.

Requirements (it must appear that)
1. The interests of the public generally, as distinguished from those of a particular class,
require such interference
2. That the means are reasonably necessary for the accomplishment of the purpose, and
not unduly oppressive upon individuals.
Requirements (for an ordinance to be valid)
1. It must not contravene the Constitution or any law
2. It must not be partial and discriminatory
3. It must not be unfair or oppressive
4. It must be consistent with public policy
5. It must merely regulate, and not prohibit trade
6. It must not be unreasonable
Equal Protection
The Equal Protection Clause is a specific constitutional guarantee of the Equality of the
Person. The equality it guarantees is “legal quality or the equality of all persons before the
law.” This clause does not only prohibit the State from passing discriminatory laws but it
also commands the State to pass laws which positively promote equality or reduce
existing inequalities.
The law does not require absolute equality when it comes to taxation, but rather it
requires a “uniform and equitable” system of taxation. Equality and uniformity in taxation
means that all taxable articles or all kinds of property of the same class shall be taxed at
the same rate. Sison v. Ancheta
Relative Constitutionality
A statute which may have been constitutional at one time may be rendered invalid at
another time because of altered circumstances. Central Bank Employees v. Bangko Central
Three Levels of Scrutiny
1. Deferential or rational basis scrutiny—where the classification needs only to be related
to a legitimate state interest
2. Middle-tier or immediate scrutiny—where the government must show that the
challenged classification serves an important State interest and that the classification is
substantially related to that interest
3. Strict judicial scrutiny—in which a legislative classification which impermissibly
interferes with the exercise of a fundamental right or operates to the peculiar
disadvantage of a suspect class is presumed unconstitutional, and that the burden is upon
the government to prove that the classification is necessary to achieve a compelling State
interest and that it is the less restrictive means to protect such interest
Classification: The equal protection does not prohibit classification but it must be
reasonable. To be reasonable, it
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
Section 2: The right of the people to be secured 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.
Purpose: This is to protect the privacy and sanctity of the person and of his house and
other possessions against arbitrary intrusions by State officers. It prohibits unreasonable
searches and seizures. Unreasonable search and seizure Searches and seizures are
normally unreasonable unless authorized by a validly issued search warrant or warrant of
arrest.
Search Warrant
A fundamental protection such that between the person and the police must stand the
protective authority of a magistrate clothed with the power to issue or refuse to issue
search warrants or warrants of arrest.
Doctrines The constitutional proscription against unlawful searches and seizures applies as
a restraint directed only against the government and its agencies tasked with enforcement
of the law and not against private individuals. People v. Marti That there is a specific victim
of a particular offense is not a requisite for a warrant to issue. Central Bank v. Morfe
Since the Commissioner on Immigration is not a judge, he may not issue warrants of arrest
in aid merely of his investigatory power. However, he may order the arrest of an alien for
the purpose of carrying out a deportation order that has already become final.
The American Court has held that a warrant and finding of probable cause are
unnecessary in the public school context because such requirements would unduly
interfere with the maintenance of the swift and informal disciplinary procedures that are
needed. Vernonia Sch. District
Checkpoint
Checkpoints are not illegal per se. Under exceptional circumstances, as where the survival
of organized government is on the balance, or where the lives and safety of the people are
in grave peril, checkpoints may be allowed and installed by the government. Routine
inspection and a few questions do not constitute unreasonable searches. If the inspection
becomes more thorough to the extent of becoming a search, this can be done when there
is deemed to be probable cause. In the latter situation, it is justifiable as a warrantless
search of a moving vehicle. Valmonte v. General de Villa
Requisites of a valid warrant
1. It must be issued upon “probable cause”
2. Probable cause must be determined personally by a judge
3. Such judge must examine under oath or affirmation the complainant and the
witnesses he may produce
4. The warrant must particularly describe the place to be searched and the person or
things to be seized
Probable Cause
It means such facts and circumstances antecedent to the issuance of a warrant that are in
themselves sufficient to induce a cautious man to rely upon them.
Probable Cause for the issuance of a warrant of arrest.
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.
Probable Cause for a search 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 sought to be searched.
Who may determine probable cause for the purpose of issuing a warrant? ONLY A JUDGE.
Who determines probable cause for the purpose of filing an information? THE
PROSECUTION.
Personal Examination
What the Constitution underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable cause. He may also rely on the
fiscal’s report or if on the basis thereof he finds no probable cause, he may disregard the
fiscal’s report and require the submission of supporting affidavits of witnesses to aid him
in arriving at a conclusion as to the existence of probable cause. This means that what is
required is personal determination and not personal examination. Beltran v. Makasiar
Particularity of Description
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 and by which
the warrant officer may be guided in making the search and seizure. Bache & Co. v. Ruiz It
is not required that technical precision of description be required, particularly where, by
the nature of the goods to be seized, their description must be rather general, since the
requirement of a technical description would mean that no warrant could issue. People v.
Tee
Purpose: Its purpose is to prevent abuse by the officer enforcing the warrant by leaving
him no discretion as to who or what to search or seize.
John Doe Warrant
For “John Doe” warrant to satisfy the requirement of particularity of description, it must
contain descriptio personae such as will enable the officer to identify the accused. People
v. Veloso In determining the sufficiency of the description of the address, the executing
officer’s prior knowledge of the place intended in the warrant is relevant. Burgos Sr. v.
Chief of Staff
Examination of Bank Deposits
An examination of the secrecy of bank deposits law would reveal the following allowable
exceptions:
a. Where the depositor consents in writing
b. Impeachment case
c. By court order in bribery or dereliction of duty cases against public officials
d. Deposit is subject of litigation
e. In cases of unexplained wealth as held in the case of PNB v. Gancayco
Specific Description Rule
1. The unreasonable search and seizure clause must be construed strictly in favor of
the individual
2. The personal knowledge of the complainant when applying for a search/arrest
warrant is mandatory when there is only one complainant and no other witnesses
3. The affidavit of the witnesses is mandatory only when the primary complaint is
based on hearsay
4. The description of the objects in a search warrant must be specific, unless the
nature of the object dictates that the description must be general
Exclusionary Rule
Any evidence obtained in a search or seizure without a warrant or by authority of an
invalid warrant “shall be inadmissible for any purpose in any proceeding.”
Sec. 26, Rule 114 of the Revised Rules on Criminal Procedure: An application for bail or the
admission to bail by the accused shall not be considered as a waiver of his right to assail
the warrant issued for his arrest on the legalities or irregularities thereon. Okbabe v. Judge
de Leon Goods illegally seized shall be returned unless the possession of such goods is
prohibited by law. Castro v. Judge Pabalan
The objection to an unlawful search or seizure and to evidence obtained thereby is purely
personal and cannot be availed of by third parties. Stonehill v. Diokno
It is not required that the property to be searched should be owned by the person against
whom the search warrant is directed, but is sufficient that the property is under the
control or possession of the person sought to be searched. Burgos Sr. v. Chief of Staff
Allowable warrantless searches:
1. Warrantless search incidental to a lawful arrest
Requirements
a. The item to be searched was within the arrestee’s custody or area of immediate
control
b. The search was contemporaneous with the arrest
2. Seizure of evidence in “plain view”
Requirements
a. A prior valid intrusion into a place
b. The evidence was inadvertently discovered by the police who had the right to be
where they are
c. The legality of the evidence must be immediately apparent
d. And is noticed without further search
3. Search of a moving vehicle
Highly regulated by the government because of its inherent mobility. But there must be a
highly reasonable suspicion amounting to probable cause that the occupant committed a
criminal activity. Doctrine A fishing vessel found to be violating fishery laws may be seized
without a warrant because
a. They are usually equipped with powerful motors that enable them to elude pursuit
b. The seizure would be incidental to the lawful arrest of the crew
4. Consented warrantless search
It must appear
a. The right exists
b. The person involved had knowledge, either actual or constructive, of the existence
of such right
c. That said person had an actual intention to relinquish the right
5. Customs search or seizure of goods concealed to avoid duties
Doctrine:
Except in the case of the search of a dwelling house, persons exercising police authority
under the customs law may affect search and seizure without a search warrant in the
enforcement of customs laws. Thus, the seizure of an automobile coupled with reasonable
suspicion and probable cause determined by customs officials is valid.
6. Stop and Frisk
“When an experienced police officer observes unusual conduct which leads him
reasonably to conclude in light of his experience that criminal activity may be afoot and
that the person with whom he is dealing may be armed and presently dangerous, he may
after identifying himself frisk the person for weans” Scope A limited protective search of
outer clothing for weapons Two-fold interest
A. The general interest of effective crime prevention and detection
B. The more pressing interest of safety and self-preservation
7. Exigent and Emergency Circumstances
The essential requisite of probable cause must still be satisfied before a warrantless search
and seizure can be lawfully conducted Doctrines A permission granted for officers to enter
a house to look for rebel soldiers does not include permission for a room to room search
for firearms. Spouses Veroy v. Layague
Warrantless Arrests
Rule 113, Section 5, Rules of Court: A peace officer or a private person may, without
warrant, arrest a person
1. When, in his presence, the person to be arrested has committed, is actually committing,
or attempting to commit an offense
2. When an offense has in fact been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it
3. 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, or has escaped while being transferred from one confinement to
another
Buy-bust operation
A buy-bust operation is a form of entrapment. The method is for an officer to pose as a
buyer. He, however, neither instigates nor induces the accused to commit a crime.
Doctrines Any objection involving a warrant of arrest or procedure in the acquisition by
the court of jurisdiction over the person of the accused must be made before he enters his
plea, otherwise the objection is deemed waived. People v. Cabiles
Jurisprudence is settled that an accused is stopped from assailing the illegality of his arrest
if he fails to move for the quashing of the Information against him before his arraignment.
People v. Hernandez
Tests on Entrapment Case
1. Objective test—whether or not the conduct of the police officer was likely to induce a
normally law-abiding person, other than the one who is ready and willing, to commit the
offense
2. Subjective test—also known as the Predisposition Test; it emphasizes the accused’s
propensity to commit the offense rather than the officer’s misconduct
Section 3: 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. Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.
Forms of correspondence and communication
It covers letters, messages, telephone calls, telegrams and the like. When is intrusion
allowed? Intrusion into the privacy of communication and correspondence is allowed
upon lawful order of the court or when public safety and order requires otherwise as
prescribed by law.
Particularity of description Written correspondence: there should be no inconvenience in
requiring particularity of description Wiretaps:
a. the identity of the person or persons whose communication is to be intercepted
b. the identity of the offense or offenses sought to be prevented
c. the period of the authorization given can be specified
Doctrines: When intrusion is made without a judicial order, it would have to be based
upon a government official’s assessment that public safety and order demand such
intrusion. An executive officer can order intrusion when in his judgment and even without
prior court approval, he believes that public safety or order so requires.
Public order and safety = the security of human lives, liberty and property against the
activities of invaders, insurrectionists, and rebels Anti-Wiretapping Law RA 4200 provides
penalties for specific violations of private communication. Sec.1 of RA 4200: It shall be
unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken
word by using a device commonly known as a dictaphone or dictagraph or detectaphone
or walkie-talkie or tape recorder, or however otherwise described.
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.
Scope Speech, expression and press include every form of expression, whether oral,
written, tape or disc recorded. It also includes movie as well as what is referred to as
symbolic speech such as the wearing of an arm band as a symbol of protest. Peaceful
picketing has also been included within the meaning of speech.
Prohibition of Prior Restraint
Prior Restraint means official government restrictions on the press or other forms of
expression in advance of actual publication or dissemination. Its most blatant form is a
system of licensing administered by an executive officer. Licensing System:
a. press censorship
b. movie censorship
c. judicial prior restraint—takes the form of an injunction against publication
Doctrines: The provision on freedom of expression must be read in conjunction with the
power given to the Comelec to supervise and regulate media during election as well as
with the various provisions in the Constitution which place a high premium on
equalization of opportunities. The effect of the constitutional grant of power to the
Comelec to regulate media is no presumption of invalidity arises in respect of exercises of
supervisory or regulatory authority on the part of the Comelec. NPC v. Comelec
Commercial Speech
This is a communication which “no more than proposes a commercial transaction.”
Advertisement of goods or of services is an example.
Requirements for government to validly curtail commercial speech
1. the commercial speech must not be false or misleading and should not proposes an
illegal transaction
2. the government has a substantial interest to protect
3. the regulation directly advances that interest
4. the regulation is not more extensive than is necessary to protect that interest
Subsequent Punishment
This has an effect of curtailing expression. Tests for regulation of expression
1. Dangerous tendency test
There be a rational connection between the speech and the evil apprehended
2. Clear and Present danger test
The question in every case is whether the words used are used in such circumstances and
are of such a nature as to create a clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent. It is a question of proximity and
degree. Four instances where clear and present danger test applies (Iglesio ni Kristo v. CA)
a. speeches that advocate dangerous ideas
b. speeches that provoke a hostile audience reaction
c. speeches out of contempt
d. release of information that endangers free trial
3. Balancing of interests test
If on balance it appears that the public interest served by restrictive legislation is of such a
character that it outweighs the abridgment of freedom, then the Court will find the
legislation valid. In short, the balance-of-interests theory rests on the basis that
constitutional freedoms are not absolute, not even those stated in the First Amendment,
and that they may be abridged to some extent to serve appropriate and important
interests. Gonzales v. Comelec
Factors that are necessarily relevant in ascertaining the point or line of equilibrium
a. The social values and importance of the specific aspect of the particular freedom
restricted by the legislation
b. The specific thrust of the restriction, ie. whether the restriction is direct or indirect,
whether or not the persons affected are few
c. The value and importance of the public interest sought to be secured by the
legislation—the reference here is to the nature and gravity of the evil which Congress
seeks to prevent
d. Whether the specific restriction decreed by Congress is reasonably appropriate and
necessary for the protection of such public interest
e. Whether the necessary safeguarding of the public interest involved may be
achieved by some other measure less restrictive of the protected freedom
Doctrines: RA 4880 prohibits the too early nomination of political candidates and limits
the period for partisan political activity. Its purpose is to prevent the debasement of the
political process. In determining the validity of the law, free speech as a social value must
be weighed against the political process as a social value. Gonzales v. Comelec Criticism,
no matter how severe, on the Executive, Legislature or Judiciary is within the range of
liberty of speech unless the intention and effect be seditious. People v. Perez O’Brien Test
(a governmental regulation is sufficiently justified if):
1. It is within the constitutional power of the Government
2. It furthers an important or substantial governmental interest
3. The governmental interest is unrelated to the suppression of free expression
4. If the incidental restriction on alleged freedom is no greater than is essential to that
interest
Unprotected Speech
There are certain well defined and narrowly limited classes of speech, the prevention and
punishment of which has never been thought to raise any constitutional problems. These
are (1) libel and (2) obscenity, it has been well observed that such utterances are no
essential part of any exposition of ideas, and are of such slight social value as a step to
truth that any benefit that may be derived from them is clearly outweighed by the social
interests in order and morality.
Censorship (film) Freedman v. Maryland
1. The burden of providing that the film is unprotected expression must rest on the censor
2. While the State may require advance submission of all films, in order to proceed
effectively to bar all showings of unprotected films, the requirement cannot be
administered in a manner which would lend an effect of finality to the censor’s
determination whether a film constitutes protected expression
Libel
A libel is a public and malicious imputation of a crime, or of a vice or a defect, real or
imaginary, or any act, omission, condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory
of one who is dead. Article 353 of the RPC Elements
1. The allegation of a discreditable act or condition concerning another
2. Publication of the charge
3. Identity of the person defamed
4. Existence of malice
Malicious Defamatory Imputation
There is malice when the author of the imputation is prompted by ill-will or spite and
speaks not in response to duty but merely to injure the reputation of the person who
claims to have been defamed Publication in Libel It means making the defamatory matter,
after it has been written, known to someone other than the person to whom it has been
written.
Privileged Communication
The concept of privileged communications is implicit in the freedom of the press. The rule
on privileged communication is that a communication made in good faith on any subject
matter in which the communicator has an interest, or concerning which he has a duty, is
privileged if made to a person having a corresponding interest, although it contains
incriminatory matter which, without the privilege, would be libelous and actionable.
Ledesma v. CA
Immunity of Derogatory Remarks in Newspaper
To enjoy immunity, a publication containing derogatory information must be not only be
true but also fair and it must be made in good faith and without comments or remarks.
Libel of Public Officials and Public Figures
The Constitutional guarantee requires a federal rule that prohibits a public official from
recovering damages for a defamatory falsehood relating to his official conduct unless he
proves that the statement was made in “actual malice.”
Actual Malice
It means with knowledge that it was false or with reckless disregard of whether it was
false or not. NY Times v. Sullivan This rule was later extended to defamation of private
sector public figures, barangay official and a PCGG Commissioner. Obscenity and
Indecency
Test for obscenity
1. Whether the average person, applying contemporary community standards would find
that the work, taken as a whole, appeals to the prurient interest
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific
value
Doctrine: Obscenity may be banned. But attempts to regulate sex which does not come
under the definition of obscenity for the purpose of protecting minors have failed on the
argument that the regulations deprive adults of shows which do not come under the
definition of obscenity and are therefore legitimate for adults, such as internet sex.
Assembly and Petition
The right of peaceable assembly is a right cognate to those of free speech and press and is
equally fundamental. Since the right of assembly and petition is equally as fundamental as
freedom of expression, the standards for allowable impairment of speech and press are
also used for assembly and petition.
The Mayor possessed “reasonable discretion to determine or specify the streets or public
places to be used for the assembly in order to secure convenient use thereof by others
and provide adequate and proper policing to minimize the risks of disorder and maintain
public safety and order. The applicant for a permit to hold an assembly should inform the
licensing authority of the date, the public place where and the time when it will take
place. Disciplinary action may be taken against students for conduct which “materially
disrupts class work or involves substantial disorder or invasion of the rights of others.”
Requirements (for permit to be granted)
1. To justify limitations on freedom of assembly, there must be proof of sufficient weight
to satisfy the clear and present danger test
2. There is no showing that the distance between the chancery and the gate is less than
500 feet. In accordance with Vienna Convention which prohibits rallies or demonstrations
within a radius of 500 feet from any foreign mission or chancery
Demonstrations allowed in the vicinity of courts Demonstrators, picketers, rallyists and all
other similar persons are enjoined from holding any activity on the sidewalks and streets
adjacent to, in front of, or within a radius of 200 meters from, the outer boundary of the
SC Building, any Hall of Justice, and any other building that houses at least one sala. Such
activities unquestionably interrupt and hamper the working conditions in the sala, offices
and chambers of the courts.
Court’s exercise of its power of judicial review
1. There is an actual case or controversy involving a conflict of rights susceptible of judicial
determination
2. The constitutional question is raised by a proper party and at the earliest opportunity
3. The constitutional question is the very lis mota of the case
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.
Principal parts of Section 5:
1. The non-establishment clause—prohibits the establishment of any religion
2. The free exercise clause—guarantees the free exercise of religion
Other provisions expressing non-establishment principle
a. Sec. 29 (2) of Art. 6—No public money or property shall be appropriated, applied, paid,
or employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when such priest, preacher,
minister, or dignitary is assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium
b. Sec. 6 of Art. 2—The separation of Church and State shall be inviolable
c. Sec. 2(5) of Art. 9-C—prohibits religious denominations and sects from being registered
as political parties or organizations
Purpose of the non-establishment clause: It protects 2 values, which are, voluntarism and
insulation of the political process from interfaith dissension Intended to erect “a wall of
separation between Church and State:
Meaning of the non-establishment clause The State cannot
a. set up a church
b. pass laws which aid one religion, aid all religions, or prefer one religion over the
other
c. openly or secretly participate in the affairs of any religious organizations or groups
and vice versa
Allowable government aid to religion The government aid must have
1. a secular legislative purpose
2. a primary effect that neither advances nor inhibits religion
3. not require excessive entanglement with recipient institutions
Ecclesiastical affair
One that concerns doctrine, creed or form or worship of the church, or the adoption and
enforcement within a religious association of needful laws and regulations for the
government of the membership, and the power of excluding from such associations those
deemed unworthy of membership Exceptions to the non-establishment clause
a. Sec. 28(3) of Art. 6— Charitable institutions, churches and personages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.
b. Sec. 29(2) of Art. 6
c. Sec. 3(3) of Art. 14— At the option expressed in writing by the parents or guardians,
religion shall be allowed to be taught to their children or wards in public elementary and
high schools within the regular class hours by instructors designated or approved by the
religious authorities of the religion to which the children or wards belong, without
additional cost to the Government.
Cases/Doctrines (not in violation of non-establishment clause): The Everson Court upheld
a statute authorizing local districts to reimburse parents of Catholic school children for the
cost of bus transportation to and from parochial school. Board of Education v. Everson
The expropriation of the birthplace of Felix Manalo, founder of Iglesia ni Kristo, for the
purpose of preserving it as a historical landmark, was upheld as for “public use” and any
benefits that would reap the adherents of Iglesia would only be incidental to the public
historical purpose. Manosca v. CA
There is nothing unconstitutional or illegal in holding a fiesta, as it is a socio-religious affair,
and having a patron saint for the barrio, then any activity intended to facilitate the
worship of the patron saint, such as the acquisition and display of his image, cannot be
branded as illegal. Garces v. Estenzo
Lending of secular textbooks to parochial school children and the grant of construction aid
for science buildings have been allowed. Board of Education v. Allen, Lemon v. Kurtzman
Issuance of religious commemorative stamps as giving merely incidental benefits to
religion is upheld. Aglipay v. Ruiz
Cases/Doctrines (in violation of non-establishment clause) State sponsored Bible readings
and prayers in public schools have been invalidated for violations of Sec. 5. School District
v. Schempp
Salary payments and reimbursements for secular textbooks and other instructional
materials under a system involving close government supervision were invalidated. Lemon
v. Kurtzman
Religious practices which the government cannot encroach upon
A church member who is expelled from the membership by the church authorities, or a
priest or minister who is by them deprived of his sacred office, is without remedy in the
civil courts, which will not inquire into the correctness of the decisions of the ecclesiastical
tribunals. Long and Almeria v. Basa
Certification of food as halal, one that is suitable for consumption by Muslims, is a
religious exercise and cannot be performed by a government agency. Islamic Da’wah
Council v. Exec. Secretary
The Court cannot entertain a complaint about an expulsion or excommunication from a
church. Taruc v. Bishop
Meaning of the Free Exercise of Religion Embraces 2 concepts:
1. Freedom to believe—absolute; the government, while it may look into the good faith of
a person, cannot inquire into a person’s religious pretensions
2. Freedom to act—subject to government regulation
Differentiation of cases of free exercise from cases of non-establishment:
Every violation of the free exercise clause involves compulsion whereas a violation of the
non-establishment clause need not involve compulsion.
Purpose of the prohibition of religious tests
To render the government powerless “to restore the historically and constitutionally
discredited policy of probing religious beliefs by test oaths or limiting public offices to
persons who have, or profess to have a belief in some particular kind of religious concept.”
Torcaso v. Watkins Cases/Doctrines (free exercise of religion)
Where a judge referred to the interest of Iglesia ni Kristo members in a case as
“gimmickry”, the court saw violation of free exercise. No one, much less a public official, is
privileged to characterize the actuation of its adherents in a derogatory sense. Iglesia ni
Kristo v. Gironella
The State cannot require a license for the dissemination of religious literature, unless the
dissemination is done as a business operation for profit. American Bible v. City of Manila
The Flag Salute Law, requiring compulsory participation by public school students in flag
ceremonies, violate the free exercise clause saying that freedom of religion requires that
protesting members be exempted from the operation of the law. Ebralinag v. Division
Superintendent of Schools of Cebu
The right to vote may yield to the right to free exercise of religion. Gillete v. US The free
exercise of religious profession or belief is superior to contract rights. Victoriano v. Elizalde
Rope Workers Union
Cases/Doctrines (prohibition of religious tests) Sec. 2175 of the Revised Administrative
Code is valid and enforceable which disqualifies an “ecclesiastic” from being elected or
appointed to a municipal office. Pamil v. Teleron
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. Liberties guaranteed by Section 6
1. Liberty of Abode—Freedom to choose and change one’s place of abode
2. Right to Travel—Freedom to travel both within the country and outside
Impairment of the 2 liberties
1. Liberty of abode—upon lawful order of the court and within the limits prescribed by
law
2. Right to travel—by administrative authorities such as passport officers, in the interest of
national security, public safety, or public health and as may be provided by law
Cases/ Doctrines Under the Marcos regime, liberty of abode was curtailed by “hamletting”
or the involuntary herding of people into one place secured by the military, while freedom
to travel was curtailed by denial of exit permits. A person admitted to bail may be
prevented by a court from leaving the country as this is a necessary consequence of the
function of a bail bond which is to secure a person’s appearance when needed. Manotoc
Jr. v. CA
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.
Rights guaranteed
1. Right to information on matters of public concern
2. The corollary right of access to official records and documents
Limitations
1. National security matters—state secrets regarding military, diplomatic and other
national security, and information on inter-government exchanges prior to the conclusion
of treaties and executive agreements. Where there is no need to protect state secrets, the
privilege cannot still be invoked, provided that they are examined in “strict confidence”
and given “scrupulous protection”
2. Trade secrets and banking transactions—pursuant to Intellectual Property Code,
Secrecy of Bank Deposits Act, and other related laws
3. Criminal matters
4. Other confidential matters—diplomatic correspondence, closed door Cabinet meetings
and executive sessions of Congress, and the internal deliberations of the SC. Chavez v.
President Commission on Good Government

Subject to limitations as may be provided by law: The standards developed for the
regulation of speech and press and of assembly and petition and of association are
applicable to the right of access to information.
Right of access “to government research data used as basis for policy development”
This has reference to government funded research data Information must be a matter of
public concern Public concern embraces a broad spectrum of subjects which the public
may want to know, either because these directly affect their lives or simply because such
matters arouse the interest of an ordinary citizen The right to information is a “public
right” Hence, any citizen has “standing” to assert the right to information
Cases/Doctrines Information on on-going evaluation or review of bids or proposals being
undertaken by the bidding or review committee is not immediately accessible under the
right to information. While it is still on-going, there are no “official acts, transaction, or
decisions” on the bids or proposals. However, once the committee makes its official
recommendation, there arises a “definite proposition” on the part of the government.
From this moment, the public’s right to information attaches, and any citizen can access all
the non-propriety information leading to such definite proposition. Chavez v. PEA RA 6713,
Code of Conduct and Ethical Standards for Public Officials and Employees, provides that, in
the performance of their duties, all public officials and employees are obliged to respond
to letters sent by the public within 15 working days from receipt thereof and to ensure the
accessibility of all public documents for inspection by the public within reasonable
working hours, subject to the reasonable claims of confidentiality. Gonzales v. Narvasa
A public agency, like the GSIS, cannot invoke the right to privacy as it belongs to the
individual and not to a corporation. The public nature of the loanable funds of the GSIS
and the public office held by the alleged borrowers make the information sought a matter
of public concern. Government, whether carrying out its sovereign attributes or running
some business, discharges the same function of service to the people. Valmonte v.
Belmonte Jr.
The right of access is also subject to reasonable regulation for the convenience of and
order in the office that has custody of the documents. Baldoza v. Judge Dimaano While
public officers in custody or control of public records have the discretion to regulate the
manner in which such records may be inspected, examined or copied by interested
persons, such discretion does not carry with it the authority to prohibit access, inspection,
examination or copying. Lantaco Sr. v. Llamas
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.
Meaning: The right to form associations is a general right of liberty; it is an aspect of
freedom of contract .
Cases/Doctrines: Art. 245 of the Labor Code is valid because the right guaranteed in Art. 3
Sec. 8 is subject to the condition that its exercise should be for purposes not contrary to
law. Art. 245 prohibits managerial employees from forming or joining labor organizations
because if these managerial employees would belong to or be affiliated with a Union, the
latter might not be assured of their loyalty to the Union in view of evident conflict of
interest. Philips Industrial Development v. NLRC and United Pepsi-Cola Supervisory Union v.
Laguesma
The degree of protection an association enjoys depends on the position which the
association’s objective or activity occupies in the constitutional hierarchy of values. NAACP
v. Alabama The right to strike it is not included in the right to form unions. It may be
denied by law for valid reasons. The SC has ruled that employees of SSS and public school
teachers do not have a constitutional right to strike. SSS v. CA and Manila Public School
Teachers Assoc. v. Secretary of Education
Section 9: Private property shall not be taken for public use without just compensation.
Power of Eminent Domain The ultimate right of the sovereign power to appropriate, not
only the public, but even the private property of all citizens within the territorial
sovereignty, to public purposes. Charles River Bridge v. Warren Bridge Constitutional
provisions on eminent domain
1. Sec. 9 of Art. 3—sets down the limits on the inherent power
2. Sec. 18 of Art. 12—public utilities; The State may, in the interest of national welfare or
defense, establish and operate vital industries and, upon payment of just compensation,
transfer to public ownership utilities and other private enterprises to be operated by the
Government.
3. Sec. 4 of Art. 13—land reform
4. Sec. 22 of Art. 18—idle or abandoned agricultural lands
Power of eminent domain resides It is possessed by the State and is exercised by the
national government. But by delegation, it may also be possessed by local governments,
other public entities, and public utilities. This power is inalienable which means that the
state cannot enter into a contract which in effect binds it not to exercise the power of
eminent domain. Scope of the power of eminent domain In the hands of Congress, it is
plenary. Elements of the exercise of the power of eminent domain
1. There is “taking” of private property
2. The taking must be for “public use”
3. There must be “just compensation”
Circumstances which need to concur to constitute “taking”
1. The expropriator must enter upon the private property
2. The entrance must not be for a momentary period, that is, the entrance must be
permanent
3. The entry must be under warrant or color of legal authority
4. The property must be devoted to public use or otherwise informally appropriated or
injuriously affected
5. The utilization of the property must be in such a way as to oust the owner and deprive
him of all beneficial enjoyment of the property
Police power v. eminent domain
In police power, the property is regulated and there is no compensation. While in eminent
domain, the property is taken where there is transfer of ownership and it must be
compensated. Definition of “public use” Any use that is of utility, advantage, or
productivity for the benefit of the public generally. It is equivalent to “public welfare” in
police power.
Definition of “just compensation”
The just and complete equivalent of the loss which the owner of the thing expropriated
has to suffer by reason of the expropriation. Province of Tayabas v. Perez Compensation,
aside from money, must be in some form that embodies certainty of value and of
payment, such as government bonds. When is compensation just? It is just if the owner
receives for his property a sum equivalent to its “market value” What is “market value?”
a. It is the price fixed by the buyer and seller in the open market in the usual and ordinary
course of legal trade and competition
b. The price and value of the article established or shown by sale, public or private, in the
ordinary way of business
c. The fair value of property as between one who desires to purchase and one who desires
to sell
d. The current price
e. The general or ordinary price for which property may be sold in that locality
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 taking
comes later than the time of taking
a. Value of the property has increased because of the use to which the expropriator has
put it—then it will be at the time of the taking
b. Value increased independently of what the expropriator did—then the value is that of
the later filing of the case
But: in a long line of cases, the SC ruled that compensation for property expropriated must
be determined as of the time of the expropriating authority takes possession thereof and
not as of the institution of the proceedings. Republic v. Sarabia
Determination of just compensation
Trial by commissioners is a substantive right which a judge may not dispense with. Manila
Electric Co. v. Pineda May entry be made by the expropriator prior to actual payment? Yes.
Actual payment is unnecessary provided that a certain and adequate remedy is provided
by which the owner can obtain compensation without unreasonable delay. Manila
Railroad Co. v. Paredes
Under the Rules of Court, entry may be made by the condemnor after the deposit with
the court of a preliminary amount determined by the judge. PD 42 removed the discretion
of the court in determining provisional value. What is to be deposited is an amount
equivalent to the assessed value for taxation purposes. No hearing is required for that
purpose. All that is required is notice to the owner of the property sought t be
condemned. NPC v. Judge Jocson Subject to judicial review
1. The adequacy of the compensation
2. The necessity of the taking; and
3. The “public use” character of the purpose of the taking
Limitations on judicial review
When land is expropriated for subdivision and resale for social justice purposes directly by
the legislature and not through an inferior agency of the state, the necessity and public
purpose of the taking are not subject to judicial review.
Essential requisites for a local government unit to validly exercise eminent domain
Pursuant to Sec. 19 of the Local Government Code
1. An ordinance is enacted by the local legislative council authorizing the local chief
executive, in behalf of the LGU, to exercise the power of eminent domain or pursue
expropriation proceedings over a particular private property
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the
benefit of the poor and the landless
3. There is payment of just compensation
4. A valid and definite offer has been previously made to the owner of the property sought
to be expropriated, but said offer was not accepted
Limitations on the eminent domain powers of local government
1. The order of priority in acquiring land for socialized housing—private lands rank last in
the order of priority for purposes of socialized housing
2. The resort to expropriation proceedings as a means to acquiring it—may be resorted to
only after the other modes of acquisition are exhausted
Cases/Doctrines: The right of eminent domain cannot be limited by EO 132, which
requires prior negotiation for purchase or donation, since it is purely administrative for the
guidance only of executive officers. It cannot be considered a condition precedent for
expropriation for thus it would be an unconstitutional limitation of the inherent right of
eminent domain. Republic v. Juan
The acquisition of mere right of way is an exercise of the power of eminent domain since it
perpetually deprives defendants of their property rights. NPC v. Sps. Misericordia
When one or more of these property interests are appropriated and applied to some
public purpose, there is already compensable taking even if the bare title to the property
still remains with the private owner. US v. Causby
If it is patrimonial property of the municipality, that is, property acquired by the
municipality with its private funds in its corporate or private capacity, compensation is
required. However, if it is any other property such as public buildings or legua communal
held by the municipality for the State in trust for the inhabitants, the State is free to
dispose of it at will. If the expropriator does not use the property for a public purpose but
sells it to a private user, the property reverts to the owner in fee simple. Heirs of Moreno
v. Mactan-Cebu International Airport Expropriation for “socialized housing” satisfies the
public use requirement. For this purpose, the determinative element is not the size of the
land to be expropriated but the number of people to be benefited. Sumulong v. Guerrero
Under RA 8974, the government must make a direct payment (not just a deposit) of the
proffered value of the property before it can enter and exercise proprietary rights.
Republic v. Judge Gingoyon
Expropriation lies only when it is made necessary by the opposition of the owner to the
sale or by the lack of any agreement as to price. Where there is a valid and subsisting
contract, between the owners of the property and the expropriating authority, there is no
reason for the expropriation. Noble v. City of Manila
Section 10: No law impairing the obligation of contracts shall be passed.
To fall within the prohibition
1. the change must impair the obligation of the existing contracts, and
2. the impairment must be substantial
Substantial impairment
A law which changes the terms of a legal contract between parties, either in the time or
mode of performance, or imposes new conditions, or dispenses with those expressed, or
authorizes for its satisfaction something different from that provided in its terms; hence, it
is null and void. Clemons v. Nolting
This limitation is addressed to The exercise of legislative or quasi-legislative power and not
on the exercise of judicial or quasi-judicial power. Hierarchies With respect to private
contracts, the question about the power to tax is irrelevant because a tax law does not
alter the relation between the parties. With respect to public contracts, the answer is NO
because just as the state cannot contract away its police power so also it cannot contract
away its power to tax. As to freedom of religion, the Court ruled that the free exercise of
religion is superior to contract rights.
A mere change in procedural remedies which does not change the substance of a contract
and which at the same time still leaves an efficacious remedy for enforcement does not
impair the obligation of contracts. Manila Trading v. Reyes Not all impairment of the
substance of a contract is violative of the Constitution especially if it is in pursuance of the
valid exercise of police power. Rutter Estaban
The clause protects contracts with the government or public contracts. Franchises are
contracts and therefore are covered by the clause. A rehabilitation plan approved by
statute which merely suspends the actions for claims does not violate the contract clause.
It is a different matter, however, if the amount of rental is changed. The amount of rental
is an essential condition of any lease contract.
Needless to state, the change of its rate in the Rehabilitation Plan is not justified as it
impairs the stipulation between the parties. Timber licenses, permits and license
agreements are the principal instruments by which the State regulates the utilization and
disposition of forest resources to the end that public welfare is promoted. They are not
deemed contracts within the purview of the due process of law clause.
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.
Significance This constitutional provision is the basis for the provision of Sec. 17 Rule 5 of
the New Rules of Court allowing litigation in forma pauperis. Those protected include low
paid employees, domestic servants and laborers. “Indigent” persons Persons who have no
property or sources of income sufficient for their support aside from their own labor
through self-supporting when able to work and in employment. Cabangis v. Almeda Lopez
Cases/Doctrines Contrary to earlier rule, an appellate court may entertain a petition to
litigate as a pauper. Justice Black: there is no meaningful distinction between a rule which
would deny the poor the right to defend themselves in a trial court and one which
effectively denies the poor an adequate appellate review accorded to all who have money
enough to pay the costs in advance. Such a denial is a misfit in a country dedicated to
affording equal justice to all and special privileges to none in the administration of its
criminal law. There can be no equal justice where the kind of trial a man gets depends on
the amount of money he has.
Section 12: 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. No torture, force, violence, threat,
intimidation or any other means which vitiates the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited. Any confession or admission obtained in violation of this or section 17
hereof shall be inadmissible in evidence against him. 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.
Rights of a person under investigation
1. Right to remain silent
2. Right to competent and independent counsel preferably of his own choice
3. The right to be informed of such rights
Reason for the rights:
To prevent psychological, if not physical, atmosphere of custodial investigations, in the
absence of proper safeguards Scope of the rights Extends only to testimonial compulsion
and not when the body of the accused is proposed to be examined.
Availability of the rights
These rights begin to be available where “the investigation is no longer a general inquiry
into an unsolved crime but has begun to focus on a particular suspect, the suspect has
been taken into police custody, the police carry out a process of interrogation that lends
itself to eliciting incriminating statements.” Escobedo v. Illinois Available after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant
way. People v. Loveria
Custodial investigation
Any questioning initiated by law enforcement officers after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It also
extends to the practice of issuing an “invitation” to a person who is investigated in
connection with an offense he is suspected to have committed, without prejudice to the
liability of the “inviting” officer for any violation of law.
Circumstances not covered by the rights
a. Persons under preliminary investigations or those already charged in court for a
crime for these are already under the supervision of a court
b. Police line-up
c. Voluntary admission or surrender where one presents himself to the police to
surrender
d. Verbal confessions to a radio announcer or to media, private persons, public
officials who are not law enforcers
e. Investigation by an administrative body—because such inquiries are conducted
merely to determine whether there are facts that merit disciplinary measure against
the erring public officers or employees, with the purpose of maintain the dignity of
government service
f. Spontaneous statements even when under police custody
g. Paraffin test
Right to be informed of his rights
It must be presumed to contemplate the transmission of a meaningful information rather
than just the ceremonial and perfunctory recitation of an abstract constitutional principle.
People v. Ramos
Right to Counsel attaches
Upon the start of an investigation, i.e. when the investigating officer starts to ask
questions to elicit information and/or confessions or admissions from the
respondent/accused. Gamboa v. Judge Cruz
When is a lawyer provided by the investigators deemed engaged by the accused? When
the accused never raised any objection against the appointment during the course of the
investigation and the accused thereafter subscribes to the veracity of his statement before
the swearing officer. People v. Jerez
Lawyers who are not deemed independent counsel
a. Special counsel, public or private prosecutor, municipal attorney or counsel of the police
whose interest is admittedly adverse to the accused
b. Mayor
c. A barangay captain
d. Any other whose interest may be adverse to that of the accused
Substantial compliance
When an extrajudicial confession is made, in the absence of a counsel, but where at the
closing stage of the interrogation, counsel arrives and has the opportunity to read the
statement and discuss it with the client who subsequently signs it Legal effect of the
violation of these rights Any confession or admission obtained in violation of this or
Section 17 (provision against self-incrimination) hereof shall be inadmissible in evidence
against him.
Valid waiver of rights
1. Must be made in writing; and
2. In the presence of a counsel
Admission v. Confession
Admission of a party—the act, declaration or omission of party as to a relevant fact may
be given in evidence against him. Sec. 26 of Rule 130 of Rules of Court
Confession—the declaration of an accused acknowledging his guilt of the offense charged,
or of any offense necessarily included therein, may be given in evidence against him. Sec.
33 of Rule 130 of Rules of Court
Wharton distinguishes a confession from an admission.
A confession is an acknowledgment in express terms, by a party in a criminal case, of his
guilt of the crime charged, while an admission is a statement by the accused, direct or
implied, of facts pertinent to the issue and tending, in connection with proof of other
facts, to prove his guilt.
In other words, an admission is something less than a confession. People v. Maqueda
Requisites for an extrajudicial confession to be admissible in evidence
1. The confession must be voluntary
2. The confession must be made with the assistance of a competent and independent
counsel, preferably of the confessant’s choice
3. The confession must be express, and
4. The confession must be in writing
5. Signed, or if the confessant does not know how to read and write, thumbmarked by him
Reasons why torture, force, etc. are prohibited
1. Because they vitiate truth
2. Because they are an assault on the dignity of the person
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.
Definition of Bail
A mode short of confinement which would, with reasonable certainty, insure the
attendance of the accused at his trial Usually takes form of a deposit of money or its
equivalent as a guarantee if such attendance and which deposit is forfeited upon failure to
appear
Definition of Recognizance
An obligation of record entered into before a court guaranteeing the appearance of the
accused for trial. It is in nature of a contract between the surety and the state.
Reason for the award of bail to the accused
1. Honor the presumption of innocence until his guilt is proven beyond reasonable doubt
2. Enable him to prepare his defense without being subject to punishment prior to
conviction
Persons who have a constitutional right to bail General Rule: Available to all persons
actually detained Exception: those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, which must concur Persons who have no
constitutional right to bail
1. Those charged with an offense punishable by reclusion perpetua, and
2. The evidence against him is strong
When can the lost of the right to bail be determined? Only after hearing, since it is based
on the nature of the offense and the quantum of evidence against him

Under the custody of the law
1. When the person is arrested
2. When he has voluntarily submitted himself to the jurisdiction of the court by
surrendering to the proper authorities
Duties of the trial judge in case an application of bail is filed
1. Notify the prosecutor of the hearing of the application for bail or require him to submit
his recommendation
2. Conduct a hearing of the application for bail regardless of whether or not the
prosecution refuses to present evidence to show that the guilt of the accused is strong for
the purpose of enabling the court to exercise its sound discretion
3. Decide whether the evidence of guilt of the accused is strong based on the summary of
evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the approval f the
bail bond
Meaning of “strong evidence of guilt for purposes of denying bail”
a. Proof evident or Evident proof—clear, strong evidence which leads a well-guarded
dispassionate judgment to the conclusion that the offense has been committed as
charged, that accused is the guilty agent, and that he will probably be punished capitally if
the law is administered.
b. Presumption great exists when the circumstances testified to are such that the
inference of guilt naturally to be drawn therefrom is strong, clear, and convincing to an
unbiased judgment and excludes all reasonable probability of any other conclusion
Life imprisonment v. Reclusion perpetua Life imprisonment
a. Imposed for serious offenses penalized by special laws
b. Does not carry accessory penalty
c. Does not have any definite extent or duration
Reclusion perpetua
a. Prescribed under the RPC
b. Carries accessory penalty
c. Incarceration for at least 30 years after which the convict becomes eligible for pardon
Implicit limitations on the right to bail
1. The person claiming the right must be under actual detention
2. The constitutional right is available only in criminal cases, not, e.g., in deportation
proceedings
Factors to be considered in determining the amount of bail
1. Ability of the accused to give bail
2. Nature of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Health of the accused
6. Character and strength of the evidence
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Whether the accused was fugitive from justice when arrested
10. If the accused is under bond for appearance at trial in other cases
Cases/Doctrines Right to bail is not available to soldiers under court martial because they
are allowed the fiduciary right to bear arms and can therefore cause great havoc.
Comendador v. de Villa
Extradition is not a criminal proceeding. Hence, a respondent in an extradition proceeding
is not entitled to bail. US v. Judge Puruganan
Bail cannot be excessive for if so, it can amount to a denial of bail. De la Camara v. Enage
A person may be prevented from leaving the country as a necessary consequence of the
admission of bail. A bail bond is intended to make a person available any time he is
needed by the court. Manotoc v. Ca
Section 14: No person shall be held to answer for a criminal offense without due process
of law. 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.
Due process in criminal cases
The procedure established by law must be followed Satisfaction of the due process
requirement in criminal cases.
Accused is informed as to why he is proceeded against and what charge he has to meet,
with his conviction being made to rest on evidence that is not tainted with falsity after full
opportunity for him for rebutting it and the sentence being imposed in accordance with
law, where it is assumed that the court that rendered the decision is one of competent
jurisdiction. Nunez v. Sandiganbayan
Cases/Doctrines under due process
A judge who replaces another judge may validly render a decision although he has only
partly heard the testimony of witnesses. People v Narajos Since administrative agencies
are not bound to follow the rules of criminal procedure, they may not impose criminal
penalties. Socty’s Department Store v. Micaller
To warrant a finding of prejudicial publicity, there must be allegation and proof that the
judges have been unduly influenced, not simply that they might be, by the barrage of
publicity. Webb v. de leon Generally, the SC has no supervisory authority over military
courts. However, the SC may review decisions of the Court of Military Appeals. Buscayno
& Sison v. Military Commission
A military commission or tribunal cannot try and exercise jurisdiction, even during the
period of martial law, over civilians for offenses allegedly committed by them as long as
the civil courts are open and functioning. Olaguer v. Military Commission
Presumption of innocence
Its principal effect is that no person shall be convicted unless the prosecution has proved
him guilty beyond reasonable doubt. The burden of proof to establish the guilt of the
accused is with the prosecution. US v. Luling
Cases/Doctrines under presumption of innocence
Sec. 4 of BP 52, which states that “filing of charges for the commission of such crimes
before a civil court or military tribunal after preliminary investigation shall be prima facie
evidence of such fact,” is violative of the guarantee of presumption of innocence. Dumlao
v. Comelec
Preventive suspension pendent lite does not violate the right to be presumed innocent
because it is not a penalty. Gonzaga v. Sandiganbayan There is no constitutional objection
to a law providing that the presumption of innocence may be overcome by a contrary
presumption founded upon the experience of human conduct, and enacting what
evidence shall be sufficient to overcome such presumption of innocence, such as prima
facie evidences. People v. Mingoa
Elements of the right to be heard
1. The right to be present at the trial
2. The right to counsel
3. The right to an impartial judge
4. The right of confrontation
5. The right to compulsory process to secure the attendance of witnesses
Scope of the right to be present at the trial It covers only the period from arraignment to
promulgation of sentence, however, it has been modified by Section 14(2) that “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.”
Conditions for waiver of the right to be present at the trial
1. After arraignment, he may be compelled to appear for the purpose of identification by
the witnesses of the prosecution
2. Provided he unqualifiedly admits in open court after his arraignment that he is the
person named as the defendant in the case on trial
Requisites of a valid trial in absentia
1. The accused has already been arraigned
2. He has been duly notified of the trial; and
3. His failure to appear is unjustifiable
Reason for allowing trial in absentia
To speed up the disposition of criminal cases Reason for the right to counsel of the
accused To protect himself when brought before a tribunal with power to take his life or
liberty, wherein the prosecution is represented by an experienced and learned counsel.
Johnson v. Zerbst
Duties of the trial judge at the pre-arraignment
1. Inform the accused that he has a right to a counsel before arraignment
2. Ask the accused if he desires the aid of counsel
3. If the accused desires counsel, but cannot afford one, a counsel de oficio must be
appointed
4. If the accused desires to obtain his own counsel, the court must give him a reasonable
time to get one
Cases/Doctrines under the right to counsel The duty of the court to appoint a counsel de
oficio for the accused who has no counsel of choice and desires to employ the services of
one is mandatory only at the time of arraignment. No such duty exists where the accused
has proceeded to arraignment and then trial with a counsel of his own choice. Libuit v.
People
When the accused discovered, after conviction, that his lawyer was not a member of the
bar, he was granted a new trial for he has a right to a qualified counsel. Delgado v. CA
There is no denial of the right to counsel where a counsel de oficio was appointed during
the absence of the accused’s counsel de parte, pursuant to the court’s desire to finish the
case early as practicable under the continuous trial system. People v. Larranaga
A person may not be denied the right to confer with counsel even in times of emergency.
Diokno v. Enrile
Purpose of the Right to be informed
1. To enable the accused to make his defense based on the description of the charge
against him
2. To avail himself of his conviction or acquittal for protection against a further prosecution
for the same cause
3. To inform the court of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction, if one should be had
Scope of the right to be informed The complaint must contain a specific allegation of every
fact and circumstance necessary to constitute the crime charged. Hence, facts must be
stated and not conclusions of law to satisfy this right.
A criminal information, to satisfy the right of the accused to be informed, must contain
1. The name of the accused
2. The designation given to the offense by the statute
3. A statement of the acts or omission so complained of as constituting the offense
4. The name of the offended party
5. The approximate time and fate of the commission of the offense—hence, the precise
time is not essential
6. The place where the offense had been committed
Factors to consider if the right to speedy trial has been violated
1. Length of the delay
2. Reason of the delay
3. Effort of the defendant to assert his right
4. Prejudice caused to the defendant
When does the delay start? One begins to count the delay of the trial only after the filing
of the information. Moreover, the delay contemplated here is unreasonable delay. Martin
v. General Fabian
Remedy for violation of the right to speedy trial.
The accused is entitled to dismissal of the case through mandamus, and, if he is under
detention, to release by habeas corpus. Dismissal here is equivalent to an acquittal and is
a bar to another prosecution for the same offense.
Right to a public trial
A trial is public when attendance is open to all, irrespective of relationship to defendants.
Exception to a right to a public trial When the evidence to be presented is characterized as
“offensive to decency or public morals,” the proceeding may be limited to friends, relatives
and counsel.
Purpose of the right to a public trial
To serve as a safeguard against any attempt to employ our courts as instruments for
persecution. Garcia v. Domingo
Where the arraignment and hearing were not held in court, the right to a public trial is
violated when
1. The public was excluded
2. The accused was prejudiced
3. The accused objected during the trial
Purpose of the right of confrontation or the right to meet witness face to face
1. To afford the accused an opportunity to test the testimony of the witness by cross
examination
2. To allow the judge to observe the deportation or demeanor of the witness
Exceptions to the right of confrontation
1. Admissibility of “dying declarations”
2. Trial in absentia
Affidavit executed by a witness may not be admitted in evidence if the witness is not
produced in court. People v. Ramos Extra-judicial statements of an accused implicating
another cannot be used against the latter. People v. de la Cruz
Under Sec. 5 of Rule 112, an accused is not entitled as a matter of right to be present
during the preliminary examination nor to cross-examine the witnesses presented against
him before his arrest, the purpose of said examination being merely to determine whether
or not there is sufficient reason to issue a warrant of arrest. Marinas v. Siochi
Compulsory process
An additional requirement to the one laid down in the 1935 version is the right to have
compulsory process, not only to secure the attendance of witnesses in his behalf, but also,
to secure the production of evidence in his behalf.
Presumption in the matter of waiver of a constitutional right
The presumption is always against the waiver. The prosecution must prove with strongly
convincing evidence to the satisfaction of this Court that indeed that accused willingly and
voluntarily submitted his confession and knowingly and deliberately manifested.
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.
Definition of writ of habeas corpus
A writ directed to the person detaining another, commanding him to produce the body of
the prisoner at a designated time and place, with the day and cause of his caption and
detention, to do, submit to, and receive whatever the court or judge awarding the writ
shall consider in that behalf
Prime requisite for its availability
Actual deprivation of personal liberty, however, liberty may be lost not by physical
compulsion alone. Freedom may be lost due to external moral compulsion, to founded or
groundless fear, to erroneous belief in the existence of an imaginary power of an imposter
to cause harm if not blindly obeyed, to any other psychological element that may curtail
the mental faculty of choice or the unhampered exercise of the will.
What is the “privilege of the writ of habeas corpus”? It is the right to have an immediate
determination of the legality of the deprivation of physical liberty. Who suspends the
privilege?
The President When may the privilege be suspended?
1. Existence of actual invasion or rebellion; and
2. Public safety requires the suspension
3 faces of the political question doctrines: (combination of all three)
1. Textual approach—asks the question: “What does the letter of the constitution say?”
 When the law grants discretionary authority to a person to be exercised upon his
opinion of certain facts, he alone is the judge of the existence of those facts
2. Functional approach—asks the question: “Are we capable of resolving the problem
posed?”
 The executive and legislative departments have the machinery for verifying the
existence of those facts whereas the courts do not
3. Prudential or political approach—asks the question: “Aare there overriding
consideration which prevent the Court from entering the thicket?”
 Interference by the courts in the decision can result in tying the hands of those charged
with maintaining order
Section 16: All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Right to speedy disposition of cases v. Right to speedy trial Right to speedy disposition of
cases covers all phases (before, during and after) of any judicial, quasi-judicial or
administrative proceedings, while the Right to speedy trial covers only the trial phase of
criminal cases.
Factors to be considered to know if the right has been violated
1. The length of delay
2. Reason for the delay
3. Assertion of the right or failure to assert it
4. Prejudice caused by the delay
Remedy for the violation of this right Dismissal through mandamus
Section 17: No person shall be compelled to be a witness against himself.
Purpose of the guarantee against self-incrimination It was established on the grounds of
a. Public policy—because if the party were required to testify, it would place the witness
under the strongest temptation to commit the crime of perjury; and
b. Humanity—because it would prevent the extorting of confessions by duress.
Persons who are protected by this right = Only natural persons
When is a question incriminating? Usually, a crime or a criminal act may contain two or
more elements and that a question would have a tendency to incriminate, even if it tends
to elicit only one of said elements. The Right includes a right to refuse to testify to a fact
which would be a necessary link in a chain of evidence to prove the commission of a crime
by a witness. CJ Marshall
What is covered by the right against self-incrimination clause? The use of physical or moral
compulsion to extort communication from the witness, not an inclusion of his body in
evidence, when it may be material. US v. Tan Teng
Kinds of proceedings where the right may be asserted
In any judicial or administrative proceeding or in any official government enquiry Time of
availability of the right In criminal case, from the moment he is asked to testify, ie, an
accused has an absolute right to be silent in all stages of the proceedings, while, a person
who is a witness but not an accused may assert the right only when the incriminating
question is asked

Availability of the right in administrative and civil proceedings
If the nature of the penalty that may be imposed partakes the nature similar as that in
criminal proceedings, hence, penal in nature
Cases/Doctrines Writing is something more than moving the body, or the hand, or the
fingers; writing is not a purely mechanical act, because it requires the application of the
intelligence and attention, and is thus covered by the right against self-incrimination.
Beltran v. Samson
A corporate officer may not prevent the production of corporate papers on the ground
that they may incriminate him personally. Production of such papers would not be self-
incrimination but incrimination by the corporation. Hale v. Henkel
A person may not be compelled to produce private books and papers to be used against
him. Compulsory production of private books and papers of the owner is compelling him
to be a witness against himself. Boyd v. US
The privilege which exists as to private papers, cannot be maintained in relation to records
required by law to be kept in order that there may be suitable information of transaction
which are the appropriate subjects of governmental regulation and the enforcement of
restrictions validly established. Shapiro v. US
Section 18: No person shall be detained solely by reason of his political beliefs and
aspirations. No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted.
Freedom of political belief A provision from the French Constitution which says: “No man
is to be interfered with because of his opinions, provided his avowal of them does not
disturb public order or established law.”
Definition of Involuntary Servitude
Every condition of enforced, compulsory service of one to another no matter under what
form such servitude may be disguised.
Exceptions to the rule against involuntary servitude
1. Imposed as a punishment for a crime whereof the party shall have been duly convicted
2. In the interest of national defense, all citizens may be compelled by law to render
personal military or civil service
3. A return-to-work order
Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall 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. The employment of
physical, psychological, or degrading punishment against any prisoner or detainee, or
the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.
When is a penalty “cruel, degrading or inhuman”? It must be flagrantly and plainly
oppressive, wholly disproportionate to the nature of the offense as to shock the moreal
sense of the community.
Guides for determining whether a punishment is “cruel and unusual”
1. A 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
Reasons why the Constitution abolished the death penalty
1. It inflicts traumatic pains not just to the convict but also on the family, even if the
penalty is not carried out
2. There is no convincing evidence that it acts effectively as a deterrent against the
commission of serious offenses
3. Penology favors reformative rather than vindictive penalties
4. Life is too precious a gift to be placed at the discretion of human judge
5. The law itself, by imposing so many safeguards before a death penalty is carried out,
manifests a reluctance to impose the death penalty
Effects of RA 9346
a. It disallows imposition of the death penalty
b. The review of death sentences first by the CA and next by the SC is now automatic and
mandatory
c. It may not be waived by the court nor by the accused
d. But review of reclusion perpetua may be waived
Effect of the abolition of death penalty on application of penal laws.
It is reduced to reclusion perpetua. It is reduced to only two grades, and not under the
three-grade-scheme, since the language of the provision does not abolish the death
penalty but merely prohibits its imposition.
Requirement for the restoration of the death penalty
1. It must be based on compelling reasons involving heinous crimes
2. The Congress must define or describe what is meant by heinous crimes
3. That Congress specify and penalize by death only crimes that qualify as heinous in
accordance with its definition
Heinous crimes (RA 7659)
Crimes are heinous for being grievous, odious and hateful offenses and which, by reason
of their inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency and morality
in a just, civilized and ordered society. Character of the death penalty in RA 7659 It is not
mandatory.
In trial court or in automatic review, the Court must consider certain facts before the
death penalty may be imposed, and these are
a. Aggravating circumstances which attend the commission of the crime in accordance
with the RPC
b. Other circumstances which attend the commission of the crime which indubitably
characterize the same as heinous in contemplation of RA 7659
When is a fine “excessive”? It is excessive when, under any circumstance, it is
disproportionate to the offense.
Custodial cruelties and inadequate penal facilities
Courts in other jurisdictions have ordered the closure of substandard and outmoded penal
institutions. All these require judicial orders in the absence of implementing laws to
provide direct measures to correct violations of human rights or institute alterations in the
operations and facilities of penal institutions
Cases/Doctrines By making the imposition of death penalty automatically reviewable and
by allowing the possibility of its restoration, implicitly admits that it is not be cruel and
inhuman. Article 6 of the ICCPR is interpreted as saying that “State parties are not obliged
to abolish the death penalty totally, they are obliged to limit its use and, in particular, to
abolish it for other than the “most serious crimes” The Second Protocol to the ICCPR
aiming at the Abolition of the Death Penalty was neither signed nor ratified by the
Philippines.
Section 20: No person shall be imprisoned for debt or non-payment of a poll tax.
Explanation of the prohibition against imprisonment for debt
No person may be imprisoned for debt in virtue of an order in a civil proceeding, either as
a substitute for satisfaction of a debt or as a means of compelling satisfaction. But a
person may be imprisoned as a penalty for a crime arising from a contractual debt and
imposed in a proper criminal proceeding, it is referred to as fraudulent debt.
Meaning of “debt”
Any liability to pay money growing out of a contract, express or implied
Definition of “poll tax” Historically, it is a cedula which is used for purposes of
identification. Now, it is a tax the payment of which is made a requirement for the exercise
of the right of suffrage. The imposition of poll tax, in this sense, is prohibited by Art. 5 Sec.
1 which disallows “literacy, property, or other substantive requirement” for the exercise of
suffrage
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.
Requisites for a valid defense of double jeopardy
1. A 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
Jeopardy attaches
1. Upon a good indictment or under a complaint or information sufficient in form and
substance to sustain a conviction
2. Before a competent court
3. After arraignment
4. After a valid plea
First jeopardy terminates
1. By acquittal
2. By final conviction
3. By dismissal without express consent of the accused
4. By “dismissal” on the merits
Exceptions to the general rule that dismissal or termination of the case after arraignment
and plea to a valid information shall be a bar to another prosecution (no double jeopardy)
1. If the dismissal is made upon motion, or with the express consent, of the
defendant/accused
2. The dismissal is not an acquittal or based upon consideration of the evidence or of the
merits of the case
3. The question to be passed upon by the appellate court is purely legal so that should the
dismissal be found incorrect, the case would have to be remanded to the court of origin
for further proceedings, to determine the guilt or innocence of the defendant
Circumstances when double jeopardy does not attach
a. If information does not charge any offense
b. If, upon pleading guilty, the accused presents evidence to mitigate, exempt or justify
him, and the court thereafter acquits him without entering a new plea of not guilty
c. If the information for an offense cognizable by the RTC is filed with the MTC, hence, no
competent jurisdiction
d. If a complaint filed for preliminary investigation is dismissed
Examples of termination of jeopardy
a. Dismissal based on violation of the right to a speedy trial where this amounts to
acquittal
b. Dismissal based on a demurrer of evidence where it is a dismissal based on the merits
c. Dismissal based on motion of the prosecution, subsequent to a motion for
reinvestigation filed by the accused
d. Discharge of an accused to be a state witness which amounts to an acquittal
Decisions by military tribunalS
Under military law, a decision of a military tribunal, be it of acquittal or of conviction, or
dismissal, is merely recommendatory and subject to review by the convening authority,
the review boards, and the reviewing authority. A military commission acts merely as a
commissioner who takes the evidence and reports thereon with his recommendation. Any
form of recommendation made by the commission does not amount to the termination of
the case. Flores v. Enrile
When is the second offense charged the same as the first offense? The Same Evidence
Test: whether the evidence needed in the one case will support a conviction in the other
(general sense) By virtue of Sec. 9 of Rule 117 of the Rules of Court (definition of “same
offense”)
a. whether one offense is identical with the other
b. whether it is an attempt or frustration of the other
c. whether one offense necessarily includes or is necessarily included in the other
Exceptions to the requirement of sameness of offense
1. When one act violates two different statutes or two different provisions of a statute,
prosecution under one is not a bar to prosecution under the other. People v. Cabrera
2. Supervening facts
Supervening facts
a. When the second offense was not in existence at the time of the first prosecution, for
the simple reason that in such a case, there is no possibility for the accused, during the
first prosecution, to be convicted for an offense that was then inexistent
b. Where after the first prosecution, a new fact supervenes for which the defendant is
responsible, which changes the character of the offense and together with the facts
existing at the time, constitute a new and distinct offense, there is no double jeopardy
c. The graver offense developed due to a supervening fact arising from the same act or
omission constituting the former charge.
d. The facts constituting the graver offense became known or were discovered only after
the filing of the former information.
e. The plea of guilty to the lesser offense was made without the consent of the fiscal and
the offended party.
Finality of judgment
A judgment of acquittal is immediately final. A judgment of conviction is final when the
period for appeal has elapsed or when the sentence has been totally or partially served or
when the defendant has expressly waived his right to appeal.
Effect of appeal by the accused/defendant.
The accused 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.
Cases/Doctrines
Dismissal for denial of the right to a speedy trial is a dismissal on the merits and amounts
to an acquittal. But when upon examination of the facts and the court find that the delays
were justifiable and the dismissal was upon the instance of the accused, there is no
double jeopardy. Almario v. CA
Verbal dismissal is not final until written and signed by the judge. Rivera Jr. v. People The
use of the word “provisional”, on the dismissal of the case based on denial of the right to a
speedy trial, does not change the legal effect of the dismissal. Esmena v. Pogoy
When the dismissal of the case constitutes abuse of discretion amounting to lack of
jurisdiction, the dismissal, even if made on the merits, is invalid and is therefore no bar to
a reinstatement of the case. People v. Pablo
If the judgment of acquittal is void for having been given without jurisdiction, the
judgment cannot be a basis for a plea of double jeopardy. People v. CA But if the facts
could have been discovered by the prosecution but were not discovered because of the
prosecution’s incompetence, it would not be considered as a supervening event.

Section 22: No ex-post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law An ex post facto law has been defined as one
1. which makes an action done before the passing of the law, and which was innocent
when done, criminal, and punishes such action.
2. which aggravates the crime or makes it greater than when it was committed.
3. which changes the punishment and inflicts a greater punishment than that which the
law annexed to the crime when it was committed.
4. 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. 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. 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.
Effect of ex post facto law It only prohibits retrospectivity of penal laws, unless such law
may be favorable to the accused then it can have retroactive effect A law is penal when
a. it prescribes a criminal penalty imposable in a criminal trial
b. it prescribes a burden equivalent to a criminal penalty even if such burden is imposed in
an administrative proceeding
RA 8249, which reverts the jurisdiction of the Sandiganbayan over the Kuratong Baleleng
case, pertains only to matters of procedure, and being merely an amendatory statute it
does not partake the nature of an ex post facto law. Lacson v. Executive Secretary
RA 1379, which provides forfeiture in favor of the State of any property illegally obtained
by a public officer, partakes the nature of a penalty that is criminal or penal. Hence, it may
not be given retroactive effect. Katigbak v. Sol-Gen
A law on criminal procedure can be an ex post facto law if it alters the legal rules of
evidence or mode of trial, unless the changes operate only in a limited an unsubstantial
manner to the disadvantage of the accused. Beazell v. Ohio
A law requiring every lawyer who wishes to continue the practice of law to take the oath
that he or she has not committed an act of disloyalty to the Philippine government is a bill
of attainder.
Depriving a person of the right to practice a profession is a penalty, and when this is
imposed by the legislature without trial, there is a violation of the prohibition against bills
of attainder. Cummings v. Missouri

Forfeiture proceedings
a. in rem (civil)—proceedings which do not involve the conviction of the wrongdoer for the
offense charged
b. in personam (criminal)—indictment is presented before forfeiture

Bill of pains and penalties

An act which inflicts punishment less than death without judicial trial Bill of Attainder A
legislative act which inflicts punishment without judicial trial, whether it applies to named
individuals or to easily ascertainable members of a group. It also includes bills of pains and
penalties.

Essential elements of a bill of attainder

1. There must be a law
2. The law imposes a penal burden on a named individual or easily ascertainable members
of a group
3. The penal burden is imposed directly by the law without judicial trial

Cases/Doctrines