Art. 32.

Any public officer or employee, or 12) The right to become a member of In any of the cases referred to in this article,
any private individual, who directly or associations or societies for purposes not whether or not the defendant's act or
indirectly obstructs, defeats, violates or in any contrary to law; omission constitutes a criminal offense, the
manner impedes or impairs any of the aggrieved party has a right to commence an
following rights and liberties of another 13) The right to take part in a peaceable entirely separate and distinct civil action for
person shall be liable to the latter for assembly to petition the government for damages, and for other relief. Such civil
damages: (RSWS-DJESAP-MAIBA-WPA) redress of grievances; action shall proceed independently of any
14) The right to be free from involuntary criminal prosecution (if the latter be instituted),
1) Freedom of religion; and mat be proved by a preponderance of
servitude in any form;
2) Freedom of speech; evidence.
15) The right of the accused against excessive
3) Freedom to write for the press or to bail;
maintain a periodical publication; The indemnity shall include moral damages.
16) The right of the accused to be heard by
4) Freedom from arbitrary or illegal himself and counsel, to be informed of the Exemplary damages may also be
detention; nature and cause of the accusation against adjudicated.
him, to have a speedy and public trial, to The responsibility herein set forth is not
5) Freedom of suffrage; meet the witnesses face to face, and to have demandable from a judge unless his act or
6) The right against deprivation of property compulsory process to secure the omission constitutes a violation of the Penal
without due process of law; attendance of witness in his behalf; Code or other penal statute.
7) The right to a just compensation when 17) Freedom from being compelled to be a
private property is taken for public use; witness against one's self, or from being
forced to confess guilt, or from being Art. 33. In cases of defamation, fraud, and
8) The right to the equal protection of the induced by a promise of immunity or reward physical injuries a civil action for damages,
laws; to make such confession, except when the entirely separate and distinct from the
person confessing becomes a State witness; criminal action, may be brought by the injured
9) The right to be secure in one's person,
party. Such civil action shall proceed
house, papers, and effects against 18) Freedom from excessive fines, or cruel and independently of the criminal prosecution,
unreasonable searches and seizures; unusual punishment, unless the same is and shall require only a preponderance of
imposed or inflicted in accordance with a evidence.
10) The liberty of abode and of changing the
statute which has not been judicially
same;
declared unconstitutional; and
11) The privacy of communication and
19) Freedom of access to the courts. Art. 34. When a member of a city or
correspondence;
municipal police force refuses or fails to
render aid or protection to any person in case
of danger to life or property, such peace
officer shall be primarily liable for damages,
and the city or municipality shall be
subsidiarily responsible therefor. The civil
action herein recognized shall be
independent of any criminal proceedings, and
a preponderance of evidence shall suffice to
support such action.
Quasi-delicts
Article 2176. Whoever by act or omission
causes damage to another, there being fault
or negligence, is obliged to pay for the
damage done. Such fault or negligence, if
there is no pre-existing contractual relation
between the parties, is called a quasi-delict
and is governed by the provisions of this
Chapter.
Article 2177. Responsibility for fault or
negligence under the preceding article is
entirely separate and distinct from the civil
liability arising from negligence under the
Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission
of the defendant.
Sec. 265 of the OEC as amended by RA 9369:
SEC. 43. Section 265 of Batas Pambansa Blg.
881 is hereby amended to read as follow:
"SEC. 265. Prosecution. - The Commission shall,
through its duly authorized legal officers, have the
power, concurrent with the other prosecuting
arms of the government, to conduct preliminary
investigation of all election offenses punishable
under this Code, and prosecute the same"
Article IX-C of the Constitution
Sec. 2. The Commission on Elections shall
exercise the following powers and functions:
1. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
2. Exercise exclusive original jurisdiction over
all contests relating to the elections, returns,
and qualifications of all elective regional,
provincial, and city officials, and appellate
jurisdiction over all contests involving
elective municipal officials decided by trial
courts of general jurisdiction, or involving
elective barangay officials decided by
trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests
involving elective municipal and
barangay offices shall be final, executory,
and not appealable.
3. Decide, except those involving the right
to vote, all questions affecting elections,
including determination of the number
and location of polling places,
appointment of election officials and
inspectors, and registration of voters.
4. Deputize, with the concurrence of the
President, law enforcement agencies
and instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful,
and credible elections.
5. Register, after sufficient publication,
political parties, organizations, or
coalitions which, in addition to other
requirements, must present their
platform or program of government; and
accredit citizens' arms of the
Commission on Elections. Religious
denominations and sects shall not be
registered. Those which seek to achieve
their goals through violence or unlawful
means, or refuse to uphold and adhere
to this Constitution, or which are
 supported by any foreign government
shall likewise be refused registration.
Financial contributions from foreign
governments and their agencies to
political parties, organizations, coalitions,
or candidates related to elections,
constitute interference in national affairs,
and, when accepted, shall be an
additional ground for the cancellation of
their registration with the Commission, in
addition to other penalties that may be
prescribed by law.
6. File, upon a verified complaint, or on its
own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
constituting election frauds, offenses,
and malpractices.
7. Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted,
and to prevent and penalize all forms of
election frauds, offenses, malpractices,
and nuisance candidacies.
8. Recommend to the President the
removal of any officer or employee it has
deputized, or the imposition of any other
disciplinary action, for violation or disregard DURATION AND EFFECTS OF PENALTIES
of, or disobedience to, its directive, order, or
decision.
9. Submit to the President and the Congress, a 1) Reclusion Perpetua - imprisonment for
comprehensive report on the conduct of at least thirty [30] years after which the
each election, plebiscite, initiative, convict becomes eligible for pardon. It
referendum, or recall. also carries with it accessory penalties,
namely: perpetual special
disqualification, etc.
REVISED PENAL CODE 2) Reclusion Temporal - 12 years and 1
day to 20 years
3) Prision Mayor and Temporary
Art. 125. Delay in the delivery of detained Disqualification - 6 years and 1 day to
persons to the proper judicial authorities. — The 12 years
penalties provided in the next preceding article
shall be imposed upon the public officer or 4) Prision correccional, suspension,
employee who shall detain any person for some and destierro- 6 months and 1 day to
legal ground and shall fail to deliver such person 6 years
to the proper judicial authorities within the period
of; twelve (12) hours, for crimes or offenses 5) Arresto Mayor- 1 month and 1 day to 6
months
punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses 6) Arresto Menor - 1 day to 30 days
punishable by correctional penalties, or their
equivalent and thirty-six (36) hours, for crimes, or 7) Bond to keep the peace — The bond
offenses punishable by afflictive or capital to keep the peace shall be required to
penalties, or their equivalent. cover such period of time as the court
may determine.
In every case, the person detained shall be
informed of the cause of his detention and shall
be allowed upon his request, to communicate and
confer at any time with his attorney or counsel.