Professional Documents
Culture Documents
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.
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 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
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.
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 ia 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
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
Roan Salanga I-A Consti II Page 19 of 31
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
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 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 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 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