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RIGHT TO INFORMATION U.S. v. Cara, G.R. No.

12632, September 13, 1917


Sura v. Martin, G.R. No. L-25091, November 29, 1968
Section 7. The right of the people to information on matters of public Lozano v. Martinez, G.R. No. L-63419, December 18, 1986
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 EX POST FACTO LAW
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law. Section 22. No ex post facto law or bill of attainder shall be enacted.

CASES: CASES:
Subido v. Ozaeta, G.R. No. L-1631 February 27, 1948 U.S. v. Lovett, 328 U.S. 303 (1946)
Baldoza v. Dimaano, A.M. No. 1120-MJ, May 5, 1976 Garner v. Board of Public Works, 341 U.S. 716 (1951)
Legazpi v. Civil Service Commission, G.R. No. L-72119, May 29, Republic v. Fernandez, G.R. No. L-9141, September 25, 1956
1987 People v. Ferrer, G.R. Nos. L-32613-14, December 27, 1972 (Read
Valmonte v. Belmonte, G.R. No. 74930 February 13, 1989 also the dissent of J. Fernando)
Echegaray v. Secretary, G.R. No. 132601, October 12, 1998 Nuñez v. Sandiganbayan, G.R. Nos. L-50581-50617, January 30,
Chavez v. PCGG, G.R. No. 130716, December 9, 1998 1982
Perez v. Estrada, A.M. No. 01-4-03-SC, June 29, 2001 (read also the Rodriguez v. Sandiganbayan, G.R. No. L-61355, February 18, 1983
dissent of J. Puno) Katigbak v. Solicitor General, G.R. No. L-19328, December 22, 1989
Senate v. Ermita, G.R. No. 169777, April 20, 2006 Republic v. Eugenio, G.R. No. 174629, February 14, 2008
Neri v. Senate Committee, G.R. No. 180643, March 25, 2008

CUSTODIAL RIGHTS
THE NON-IMPAIRMENT CLAUSE
Section 12. (1) Any person under investigation for the commission of an
Section 10. No law impairing the obligation of contracts shall be passed. 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
CASES: choice. If the person cannot afford the services of counsel, he must be
Pedro v. Provincial Board, G.R. No. 34163, September 18, 1931 provided with one. These rights cannot be waived except in writing and
Rutter v. Esteban, G.R. No. L-3708, May 18, 1953 in the presence of counsel.
Ilusorio v. CAR, G.R. No. L-20344, May 16, 1966
Ortigas & Co. v. Feati Bank, G.R. No. L-24670, December 14, 1979 (2) No torture, force, violence, threat, intimidation, or any other means
Tiro v. Hontanosas, G.R. No. L-32312, November 25, 1983 which vitiate the free will shall be used against him. Secret detention
Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, March 24, places, solitary, incommunicado, or other similar forms of detention are
2009 prohibited.

(3) Any confession or admission obtained in violation of this or Section


HABEAS CORPUS 17 hereof shall be inadmissible in evidence against him.

Section 15. The privilege of the writ of habeas corpus shall not be (4) The law shall provide for penal and civil sanctions for violations of
suspended except in cases of invasion or rebellion, when the public this Section as well as compensation to the rehabilitation of victims of
safety requires it. torture or similar practices, and their families.

CASES: CASES:
Conde v. Rivera, G.R. No. L-21741, January 25, 1924 People v. Cabrera, G.R. No. L-51858, January 31, 1985
Alcantara v. Director of Prisons, G.R. No. L-6, November 29, 1945 People v. Galit, G.R. No. L-51770, March 20, 1985
Caunca v. Salazar, G.R. No. L-2690, January 1, 1949 Galman v. Pamaran, G.R. Nos. 71208-09, August 30, 1985
Celeste v. People, G.R. No. L-31435, January 30, 1970 People v. Barros, G.R. No. 90640, March 29, 1994
Gumabon v. Director of Prisons, G.R. No. L-30026, January 30, 1971 People v. Compil, G.R. No. 95028, May 15, 1995
Zafra v. City Warden, G.R. No. L-49602 & L-49938, May 17, 1980 People v. Lucero, G.R. No. 97936, May 29, 1995
Ilagan v. Enrile, G.R. No. 70748, October 21, 1985 Dela Torre v. CA, G.R. No. 102786, August 14, 1998
Lansang v. Garcia, G.R. No. L-33964, December 11, 1971 (reversing People v. Figueroa, G.R No. 134056, July 6, 2000
Barcelon & Montenegro) People v. Tomaquin, G.R. No. 133188, July 23, 2004
Garcia-Padilla v. Enrile, G.R. No. L-61388, April 20, 1983 (reversing
Lansang, reverting to Barcelon & Montenegro)
RIGHTS OF THE ACCUSED

INVOLUNTARY SERVITUDE 1. Right to bail

Section 18 (2). No involuntary servitude in any form shall exist except as Section 13. All persons, except those charged with offenses punishable
a punishment for a crime whereof the party shall have been duly by reclusion perpetua when evidence of guilt is strong, shall, before
convicted. conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
CASES: impaired even when the privilege of the writ of habeas corpus is
Robertson v. Baldwin, 165 US 275 (1897) suspended. Excessive bail shall not be required.
Pollock v. Williams, 322 US 4 (1944)
US v. Pompeya, G.R. No. L-10255, August 6, 1915 CASES:
People v. Soza, G.R. No. L-45893, July 13, 1938 Garcia-Padilla v. Enrile, G.R. No. L-61388, April 20, 1983
Kaisahan ng mga Manggagawa sa Kahoy v. Gotamco Sawmills, Enrile v. Salazar, G.R. No. 92163, June 5, 1990
G.R. No. L-1573, March 29, 1948 Yap v. CA, G.R. No. 141529, June 6, 2001
Lavides v. CA, G.R. No. 129670, February 1, 2000
People v. Gako, G.R. 135045, December 15, 2000
NON-IMPRISONMENT FOR DEBT Maguddatu v. CA, G.R. No. 139599, February 23, 2000
Victory Liner v. Bellosillo, A.M. No. MTJ-00-1321, March 10, 2004
Section 20. No person shall be imprisoned for debt or non-payment of a Government of Hongkong v. Olalia, G.R. No. 153675, April 19, 2007
poll tax.
2. Right to criminal due process
CASES:
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law. Section 19 (1). Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty
CASES: be imposed, unless, for compelling reasons involving heinous crimes,
Sales v. Sandiganbayan, G.R. No. 143802, November 16, 2001 the Congress hereafter provides for it. Any death penalty already
Salonga v. Paño, G.R. No. L-59524, February 18, 1985 imposed shall be reduced to reclusion perpetua.
Galman v. Sandiganbayan, G.R. No. 72670, September 12, 1986 (2) The employment of physical, psychological, or degrading
Martelino v. Alejandrino, G.R. No. L-30894, March 25, 1970 punishment against any prisoner or detainee or the use of substandard
or inadequate penal facilities under subhuman conditions shall be dealt
3. Rights during criminal prosecutions with by law.

Section 14. (2) In all criminal prosecutions, the accused shall be [a] CASES:
presumed innocent until the contrary is proved, and shall enjoy the People v. Dionisio, G.R. No. L-25513, March 27, 1968
right [b] to be heard by himself and counsel, [c] to be informed of People v. Echegaray, G.R. No. 139180, July 31, 2001
the nature and cause of the accusation against him, [d] to have a
speedy, impartial, and public trial, [e] to meet the witnesses face to 6. Right against double jeopardy
face, and [f] to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after Section 21. No person shall be twice put in jeopardy of punishment for
arraignment, trial may proceed notwithstanding the absence of the the same offense. If an act is punished by a law and an ordinance,
accused: Provided, that he has been duly notified and his failure to conviction or acquittal under either shall constitute a bar to another
appear is unjustifiable. prosecution for the same act.

3.a. Right to be presumed innocent CASES:


Galman v. Sandiganbayan, G.R. No. 72670, September 12, 1986
CASES: Tan v. Barrios, G.R. No. 85481-82, October 18, 1990
People v. Sunga, G.R. No. L-57875, July 5, 1983 People v. City Court of Manila, G.R. No. L-36342 April 27, 1983
People v. Tempongko, G.R. No. L-69668, October 2, 1986 People v. Saley, G.R. No. 121179, July 2, 1998
Dizon-Pamintuan v. People, G.R. No. 111426, July 11, 1994 People v. Tac-an, G.R. No. 76338-39, February 26, 1990
People v. Mirantes, G.R. No. 92706, May 21, 1992 Perez v. CA, G.R. No. L-80838, November 29, 1988
People v. Regulacion, G.R. No. L-33489, March 18, 1983 People v. Relova, G.R. No. L-45129, March 6, 1987
People v. Arciaga, G.R. No. L-38179, June 16, 1980
People v. Solis, G.R. No. L-33957, March 15, 1984
People v. Amarela, G.R. Nos. 225642-43, January 17, 2018 CITIZENS OF THE PHILIPPINES

3.b. right to be heard by himself and counsel A. Filipino citizenship under the 1935 and 1973 Constitutions
CASES:
CASES: Re Application for Admission to the Phil. Bar of Vicente Ching,
People v. Lumague, 111 SCRA 515 Bar Matter No. 914
People v. Malunsing, G.R. No. L-29015, April 29, 1975 Republic v. Sagun, G.R. No. 187567, February 15, 2012
Tecson v. COMELEC, G.R. No. 161434, March 3, 2004 (the FPJ
3.c. right to be informed of the nature and cause of the accusation citizenship case)
Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 08,
CASES: 2016 (the Grace Poe citizenship case)
People v. Alcalde, G.R. 139225, May 29, 2002
People v. Dy, G.R. 115236, January 29, 2002 B. Filipino citizenship under the 1987 Constitution
People v. Valdesancho, G.R. 137051, May 30, 2001 1. Those who are Filipino citizens at the time of the adoption of
People v. Cachapero, G.R. No. 153008, May 20, 2004 the 1987 Constitution;
People v. Ostia, G.R. No. 131804, February 26, 2003 2. Those whose fathers or mothers are Filipino citizens;
3. Those born before January 17, 1973, of Filipino mothers, who
3.d. right to have a speedy, impartial, and public trial elect Filipino citizenship upon reaching the age of majority;
and
CASES: CASES:
Solar Team Entertainment v. How, G.R. No. 140863, August 22, 2000 In Re: Florencio Mallare, A.M. No. 533 September 12, 1974
Valencia v. Sandiganbayan, G.R. No. 165996, October 17, 2005 Co v. Electoral Commission, G.R. Nos. 92191-92, July 30,
Domondon v. Sandiganbayan, G.R. No. 166606, November 29, 2005 1991
Perez v. Estrada, A.M. No. 01-4-03-SC, June 29, 2001 4. Those who are naturalized in the accordance with law.
C. Loss and Reacquisition of Citizenship
3.e. right to confrontation and to have compulsory process CASES:
Jacot v. Dal, G.R. No. 179848, November 27, 2008
CASES: Maquiling v. COMELEC, G.R. No. 195649, April 16, 2013
People v. Ramos, G.R. No. L-59318, May 16, 1983 Reyes v. COMELEC, G.R. No. 207264, June 25, 2013
Combate v. San Jose, G.R. No. L-68566, April 15, 1985
People v. Bardaje, G.R. No. L-29271, August 29, 1980 D. Dual Citizenship and Dual Allegiance
CASE: Mercado v. Manzano, G.R. No. 135083, May 26, 1999
4. Right against self-incrimination E. Naturalization
1. Procedure
Section 17. No person shall be compelled to be a witness against 2. Effects
himself. 3. Revocation
F. Mixed Marriages
CASES:
U.S. v. Tan Teng, G.R. No. 7081, September 7, 1912
Beltran v. Samson, G.R. No. 32025, September 23, 1929
Chavez v. CA, G.R. No. L-29169, August 19, 1968
People v. Rondero, G.R. No. 125687, December 9, 1999
People v. Gallarde, G.R. No. 133025, Feb 17, 2000
Galman v. Pamaran, G.R. Nos. 71208-09, August 30, 1985

5. Right against prohibited punishments

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