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Consti - Bill of Rights
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ARTICLE III – BILL OF RIGHTS
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.
Aspects of “Due Process”:
Procedural due process – refers to the
mode of procedure which government
agencies must follow in the
enforcement and application of laws.
Substantive due process – prohibition
against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
A law which hears before it condemns.
Due process of law contemplates notice and
opportunity to be heard before judgment is
rendered affecting one’s person or property
(Lopez v. Dir. of Lands)
Due process depends on circumstances; it
varies with the subject matter and the
necessities of the situation.
Requisites of SUBSTANTIVE due process: CODE:
I M
The INTERESTS of the public generally,
as distinguished from those of a
particular class, requires the
interference by the government and
The MEANS employed are necessary for
the accomplishment of the purpose and
not unduly oppressive upon individuals.
Requirements of a valid ordinance:
Must not contravene the Constitution
or any statute
Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit, but may regulate
trade
Must be general and consistent with
public policy
Must not be unreasonable
When is a law VAGUE?
When it lacks COMPREHENSIBLE
STANDARDS
That men of ordinary intelligence must
necessarily GUESS as to its meaning
And differ as to its application
Equal Protection of the law
The equality that it guarantees is legal equality
or the equality of all persons before the law. It
does not demand absolute equality. It merely
requires that all persons shall be treated alike,
under like circumstances and conditions both as
to privileges conferred and liabilities enforced.
Section 2. The right of the people to be secure
in their persons, houses, papers, and effects
against unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the place
to be searched and the person or things to be
seized.
General Rule: Search and seizures are
unreasonable unless authorized by a validly
issued search warrant or warrant of arrest
Requisites for a valid warrant:
CODE: P J E D
It must be issued upon PROBABLE
CAUSE.
The existence of probable cause is
determined personally by the JUDGE.
The judge must EXAMINE UNDER OATH
the complainant and the witnesses he
may produce.
The warrant must PARTICULARLY
DESCRIBE the place to be searched and
person or things to be seized.
Definition of “PROBABLE CAUSE”
For the issuance of a warrant of arrest:
Probable cause refers to 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.
For the issuance of a search warrant:
Probable cause would mean 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 to be searched.
Note: Probable cause for the issuance of a
search warrant does NOT require that the
probable guilt of a specific offender be
established, unlike in the case of a warrant of
arrest.
Existence of probable cause “DETERMINED
PERSONALLY BY THE JUDGE”
The judge is NOT required to personally
examine the complainant and his witnesses.
What the Constitution underscores is the
exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence
of probable cause (Soliven v. Makasiar, 167
SCRA 394).
To be sure, the Judge must go beyond the
prosecutor’s certification and investigation
report whenever necessary (Lim v. Felix).
Procedure:
The judge personally evaluates the report and
supporting documents submitted by the fiscal
regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest or
If on the basis thereof, the judge 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
the conclusion as to the existence of probable
cause.
Examination “UNDER OATH OR AFFIRMATION
OF THE COMPLAINANT AND WITNESSES”
The oath required must refer to the truth of the
facts within the personal knowledge of the
complainant or his witnesses because the
purpose is to convince the judge of the
existence of probable cause (Alvarez v. CFI, 64
Phil. 33).
The true test of sufficiency of an affidavit to
warrant the issuance of a search warrant is
whether it has been drawn in such a manner
that perjury could be charged thereon and
affiant be held liable for the damages caused
(Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH
WARRANT)
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 or
When the description expresses a conclusion of
fact – not of law – by which the warrant officer
may be guided in making the search and seizure
or
When the things described are limited to those
which bear a direct relation to the offense for
which the warrant is being issued (Bache and
Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the
requirement of particularity of description if it
contains a descriptio personae such as will
enable the officer to identify the accused
(People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege
any specific acts or omissions constituting the
offense charged in the application for the
issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the
things to be seized be particularly described.
VALID WARRANTLESS SEARCH
Search made as an incident to lawful arrest
An officer making an arrest may take from the
person arrested:
Any money or property found upon his person
which was used in the commission of the
offense or
Was the fruit thereof or
Which might furnish the prisoner with the
means of committing violence or escaping or
Which may be used in evidence in the trial of
the case
The search must be made simultaneously with
the arrest and it may only be made in the area
within the reach of the person arrested
Search of moving vehicles
This exception is based on exigency. Thus, if
there is time to obtain a warrant in order to
search the vehicle, a warrant must first be
obtained.
The search of a moving vehicle must be based
on probable cause.
Seizure of goods concealed to avoid customs
duties/authorized under the Tariffs and
Customs Code
The Tariffs and Customs Code authorizes
persons having police authority under the Code
to effect search and seizures without a search
warrant to enforce customs laws.
Exception: A search warrant is required for the
search of a dwelling house.
Searches under this exception include searches
at borders and ports of entry. Searches in these
areas do not require the existence of probable
cause.
Seizure of evidence in plain view
To be a valid warrantless search, the articles
must be open to the eye and hand.
The peace officer comes upon them
inadvertently.
Waiver of right
Requisites of a valid waiver:
The right exists.
The person had actual or constructive
knowledge of the existence of such
right.
There is an actual intention to
relinquish such right.
The right against unreasonable searches
and seizures is a personal right. Thus,
only the person being searched can
waive the same.
Waiver requires a positive act from the
person. Mere absence of opposition is
not a waiver.
The search made pursuant to the
waiver must be made within the scope
of the waiver.
Note:
Checkpoints: as long as the vehicle is neither
searched nor its occupants subjected to a body
search and the inspection of the vehicle is
limited to a visual search = valid search
(Valmonte V. De Villa)
Carroll rule: warrantless search of a vehicle that
can be quickly moved out of the locality or
jurisdiction
The 1987 Constitution has returned to the 1935
rule that warrants may be issued only by judges,
but the Commissioner of Immigration may
order the arrest of an alien in order to carry out
a FINAL deportation order.
VALID WARRANTLESS ARRESTS
When the person to be arrested has committed,
is actually committing, or is about to commit an
offense in the presence of the arresting officer.
When an offense has in fact just been
committed and the arresting officer has
personal knowledge of facts indicating that the
person to be arrested has committed it.
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.
Waiver of an invalid arrest:
When a person who is detained applies for bail,
he is deemed to have waived any irregularity
which may have occurred in relation to his
arrest.
Hot pursuit
A. The pursuit of the offender by the arresting
officer must be continuous from the time of the
commission of the offense to the time of the
arrest.
B. There must be no supervening event which
breaks the continuity of the chase.
Stop and frisk
When a policeman observes suspicious activity
which leads him to believe that a crime is about
to be committed, he can investigate the
suspicious looking person and may frisk him for
weapons as a measure of self‐protection.
Should he find, however, a weapon on the
suspect which is unlicensed, he can arrest such
person then and there for having committed an
offense in the officer’s presence.
Section 3. (1) The privacy of communication
and correspondence shall be inviolable except
upon lawful order of the court, or when public
safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this
or the preceding section shall be inadmissible
for any purpose in any proceedings.
R.A. 4200 (Anti‐Wiretapping Act)
The law does not distinguish between a party to
the private communication or a third person.
Hence, both a party and a third person could be
held liable under R.A. 4200 if they commit any
of the prohibited acts under R.A. 4200 (Ramirez
v. Ca)
The use of a telephone extension to overhear a
private conversation is not a violation of R.A.
4200 because it is not similar to any of the
prohibited devices under the law. Also, a
telephone extension is not purposely installed
for the purpose of secretly intercepting or
recording private communication. (Gaanan v.
IAC, 145 SCRA 112)
Types of communication protected:
Letters, messages, telephone calls,
telegrams and the like.
Exclusionary rule:
Any evidence obtained shall be inadmissible for
any purpose in any proceeding. However, in
the absence of governmental interference, the
protection against unreasonable search and
seizure cannot be extended to acts committed
by private individuals. (People v. Martin)
Section 4. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or of the right of the people peaceably
to assemble and petition the government for
redress of grievances.
What are considered protected speech:
Protected speech includes every form of
expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as
what is known as symbolic speech such as the
wearing of an armband as a symbol of protest.
Peaceful picketing has also been included within
the meaning of speech.
Prohibitions under Section 4
Prohibition against PRIOR RESTRAINT
Prohibition against SUBSEQUENT PUNISHMENT
Prohibition against prior restraint
Prior restraint means official governmental
restrictions on the press or other forms of
expression in advance of actual publication or
dissemination.
Examples/forms of prior restraint
movie censorship
judicial prior restraint = injunction against
publication
license taxes based on gross receipts for the
privilege of engaging in the business of
advertising in any newspaper
flat license fees for the privilege of selling
religious books
When prohibition does not apply
During a war. Ex. Government can prevent
publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
Obscene publications.
Standards for allowable subsequent
punishment
TEST CRITERION
1. Dangerous Tendency Test
There should be a RATIONAL CONNECTION
between the speech and the evil apprehended.
2. Clear and Present Danger Test
There should be a clear and present danger that
the words when used under such circumstances
are of such a nature as to create a CLEAR AND
PRESENT DANGER that they will bring about the
substantive evils that the State has a right to
prevent.
3. Balancing of Interests Test
The courts should BALANCE the PUBLIC
INTEREST served by legislation on one hand and
the FREEDOM OF SPEECH (or any other
constitutional right) on the other. The courts
will then decide where the greater weight
should be placed.
Freedom of Speech
The doctrine on freedom of speech was
formulated primarily for the protection of
“core” speech, i.e. speech which communicates
political, social or religious ideas. These enjoy
the same degree of protection. Commercial
speech, however, does not
Commercial Speech
A communication which no more than proposes
a commercial transaction.
To enjoy protection:
It must not be false or misleading; and
It should not propose an illegal transaction.
Even truthful and lawful commercial speech
may be regulated if:
Government has a substantial interest to
protect;
The regulation directly advances that interest;
and
It is not more extensive than is necessary to
protect that interest. (Central Hudson Gas and
Electric Corp. v. Public Service Commission of
NY, 447 US 557)
Unprotected Speech
1. LIBEL
FAIR COMMENT (U.S. Rule). These are
statements of OPINION, not of fact, and are not
considered actionable, even if the words used
are neither mild nor temperate. What is
important is that the opinion is the true and
honest opinion of the person. The statements
are not used to attack personalities but to give
one’s opinion on decisions and actions.
OPINIONS. With respect to public personalities
(politicians, actors, anyone with a connection to
a newsworthy event), opinions can be aired
regarding their public actuations. Comment on
their private lives, if not germane to their public
personae, are not protected.
2. OBSCENITY
Test for obscenity (Miller v. California)
Whether the average person, applying
contemporary community standards would find
that the work, taken as a whole, appeals to the
prurient interest.
Whether the work depicts or describes, in a
patently offensive way, sexual conduct,
specifically defined by law.
Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value.
Procedure for seizure of allegedly obscene
publications
Authorities must apply for issuance of search
warrant.
Court must be convinced that the materials are
obscene. Apply clear and present danger test.
Judge will determine whether they are in fact
“obscene”.
Judge will issue a search warrant.
Proper action should be filed under Art. 201 of
the RPC.
Conviction is subject to appeal.
Right of Assembly and Petition
The standards for allowable impairment of
speech and press also apply to the right of
assembly and petition.
Rules on assembly in public places:
Applicant should inform the licensing authority
of the date, the public place where and the time
when the assembly will take place.
The application should be filed ahead of time to
enable the public official concerned to appraise
whether there are valid objections to the grant
of the permit or to its grant, but in another
public place. The grant or refusal should be
based on the application of the Clear and
Present Danger Test.
If the public authority is of the view that there is
an imminent and grave danger of a substantive
evil, the applicants must be heard on the
matter.
The decision of the public authority, whether
favorable or adverse, must be transmitted to
the applicants at the earliest opportunity so
that they may, if they so desire, have recourse
to the proper judicial authority.
Rules on assembly in private properties:
Only the consent of the owner of the property
or person entitled to possession thereof is
required.
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.
Clauses under Section 5
Non‐establishment clause
Free exercise of Religion
Distinction between the clauses (School District
v. Schempp, 374 US 203)
The non‐establishment clause does not depend
upon any showing of direct governmental
compulsion. It is violated by the enactment of
laws which establish an official religion whether
those laws operate directly to coerce non‐
observing individuals or not. The test of
compliance with the non‐establishment clause
can be stated as follows: What are the purposes
and primary effect of the enactment? If either
is the advancement or inhibition of religion, the
law violates the non‐establishment clause.
Thus, in order for a law to comply with the non‐
establishment clause, two requisites must be
met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor
inhibits religion.
The free exercise of religion clause withdraws
from legislative power the exertion of any
restraint on the free exercise of religion. In
order to show a violation of this clause, the
person affected must show the coercive effect
of the legislation as it operates against him in
the practice of his religion. While the freedom
to believe (non‐establishment) is absolute, the
moment such belief flows over into action, it
becomes subject to government regulation.
Requisites for government aid to be allowable:
It must have a secular legislative
purpose;
It must have a primary effect that
neither advances nor inhibits religion;
It must not require excessive
entanglement with recipient
institutions.
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.
Rights guaranteed under Section 6:
Freedom to choose and change one’s
place of abode.
Freedom to travel within the country
and outside.
Curtailment of rights:
RIGHT
MANNER OF CURTAILMENT
1. Liberty of abode Lawful order
of the court and within the limits prescribed by
law.
2. Right to travel May be
curtailed even by administrative officers (ex.
passport officers) in the interest of national
security, public safety, or public health, as may
be provided by law.
Note: The right to travel and the liberty of
abode are distinct from the right to return to
one’s country, as shown by the fact that the
Declaration of Human Rights and the Covenant
on Human Rights have separate guarantees for
these. Hence, the right to return to one’s
country is not covered by the specific right to
travel and liberty of abode. (Marcos v.
Manglapus)
Section 7. The right of the people to
information on matters of public concern shall
be recognized.
Rights guaranteed under Section 7
Right to information on matters of
public concern
Right of access to official records and
documents
Persons entitled to the above rights
Only Filipino citizens.
Discretion of government
The government has discretion with respect to
the authority to determine what matters are of
public concern and the authority to determine
the manner of access to them.
Recognized restrictions on the right of the
people to information:
National security matters
Intelligence information
Trade secrets
Banking transactions
Diplomatic correspondence
Executive sessions
Closed door cabinet meetings
Supreme Court deliberations
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.
The right to form associations shall not be
impaired without due process of law and is thus
an aspect of the right of liberty. It is also an
aspect of the freedom of contract. In addition,
insofar as the associations may have for their
object the advancement of beliefs and ideas,
the freedom of association is an aspect of the
freedom of speech and expression, subject to
the same limitation.
The right also covers the right not to join an
association.
Government employees have the right to form
unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken
for public use without just compensation.
Who can exercise the power of eminent
domain:
1) The national government
Congress
Executive, pursuant to legislation enacted by
Congress
2) Local government units, pursuant to an
ordinance enacted by their respective
legislative bodies (under LGC)
3) Public utilities, as may be delegated by
law.
When is the exercise of the power of eminent
domain necessary?
It is only necessary when the owner does not
want or opposes the sale of his property. Thus,
if a valid contract exists between the
government and the owner, the government
cannot exercise the power of eminent domain
as a substitute to the enforcement of the
contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
Section 10. No law impairing the obligation of
contracts shall be passed.
When does a law impair the obligation of
contracts:
If it changes the terms and conditions of
a legal contract either as to the time or
mode of performance
If it imposes new conditions or
dispenses with those expressed
If it authorizes for its satisfaction
something different from that provided
in its terms.
A mere change in PROCEDURAL REMEDIES
which does not change the substance of the
contract, and which still leaves an efficacious
remedy for enforcement does NOT impair the
obligation of contracts.
A valid exercise of police power is superior to
obligation of contracts.
Section 12. Rights of person under
investigation for the commission of an offense.
Rights of person under investigation for the
Commission of an offense CODE: SCISI
Right to remain silent
Right to have competent and
independent counsel, preferably of his
own choice
Right to provided with the services of
counsel if he cannot afford the services
of one.
Right to be informed of these rights.
When rights are available:
AFTER a person has been taken into
custody or
When a person is otherwise deprived of
his freedom of action in any significant
way.
When the investigation is being
conducted by the government (police,
DOJ, NBI) with respect to a criminal
offense.
Signing of arrest reports and booking
sheets.
When rights are not available:
During a police line‐up. Exception:
Once there is a move among the
investigators to elicit admissions or
confessions from the suspect.
During administrative investigations.
Confessions made by an accused at the
time he voluntarily surrendered to the
police or outside the context of a formal
investigation.
Statements made to a private person.
Exclusionary rule
Any confession or admission obtained
in violation of this section shall be
inadmissible in evidence against him
(the accused).
Therefore, any evidence obtained by
virtue of an illegally obtained
confession is also inadmissible, being
the fruit of a poisoned tree.
Requisites of valid waiver:
Waiver should be made in WRITING
Waiver should be made in the
PRESENCE OF COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
Who are not entitled to bail:
1) Persons charged with offenses
PUNISHABLE by RECLUSION PERPETUA or
DEATH, when evidence of guilt is strong
2) Persons CONVICTED by the trial court.
Bail is only discretionary pending appeal.
3) Persons who are members of the AFP
facing a court martial.
Other rights in relation to bail.
1) The right to bail shall NOT be impaired
even when the privilege of the writ of habeas
corpus is suspended.
2) Excessive bail shall not be required.
Factors considered in setting the amount of
bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bond
9) Whether accused was a fugitive from
justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
The person claiming the right must be
in actual detention or custody of the
law.
The constitutional right is available only
in criminal cases, not, e.g. in
deportation proceedings.
Note:
Right to bail is not available in the military.
Apart from bail, a person may attain provisional
liberty through recognizance.
Section 14. Rights of an accused
Rights of a person charged with a criminal
offense
Right to due process of law
Right to be presumed innocent
Right to be heard by himself and
counsel
Right to be informed of the nature and
cause of the accusation against him
Right to have a speedy, impartial and
public trial
Right to meet the witnesses face to face
Right to have compulsory process to
secure the attendance of witnesses and
the production of evidence in his behalf
“DUE PROCESS”
This means that the accused can only be
convicted by a tribunal which is required to
comply with the stringent requirements of the
rules of criminal procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the
legislature from providing that proof of certain
facts leads to a prima facie presumption of guilt,
provided that the facts proved have a
reasonable connection to the ultimate fact
presumed.
Presumption of guilt should not be conclusive.
“RIGHT TO BE HEARD BY HIMSELF AND
COUNSEL”
The right to be heard includes the following
rights:
Right to be present at the trial
The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of
sentence.
After arraignment, trial may proceed
notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly
arraigned.
(i) Accused has been duly notified; and
(ii) His failure to appear is unjustifiable.
The accused may waive the right to be present
at the trial by not showing up. However, the
court can still compel the attendance of the
accused if necessary for identification purposes.
Exception: If the accused, after arraignment,
has stipulated that he is indeed the person
charged with the offense and named in the
information, and that any time a witness refers
to a name by which he is known, the witness is
to be understood as referring to him.
While the accused is entitled to be present
during promulgation of judgement, the absence
of his counsel during such promulgation does
not affect its validity.
2. Right to counsel
3. Right to an impartial judge
4. Right of confrontation and cross‐
examination
5. Right to compulsory process to secure the
attendance of witnesses
“RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF ACCUSATION AGAINST HIM”
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
TRIAL”
Factors used in determining whether the right
to a speedy trial has been violated.
If the dismissal is valid, it amounts to an
acquittal and can be used as basis to claim
double jeopardy. This would be the effect even
if the dismissal was made with the consent of
the accused
Remedy of the accused if his right to speedy
trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the
issuance of writ of habeas corpus.
Definition of impartial trial
The accused is entitled to the “cold neutrality of
an impartial judge”.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all
irrespective of their relationship to the accused.
However, if the evidence to be adduced is
“offensive to decency or public morals”, the
public may be excluded.
The right of the accused to a public trial is not
violated if the hearings are conducted on
Saturdays, either with the consent of the
accused or if failed to object thereto.
“RIGHT TO MEET WITNESS FACE TO FACE”
Purposes of the right:
To afford the accused an opportunity to
cross‐examine the witness
To allow the judge the opportunity to
observe the deportment of the witness
Failure of the accused to cross‐examine
a witness
If the failure of the accused to cross‐examine a
witness is due to his own fault or was not due
to the fault of the prosecution, the testimony of
the witness should be excluded.
When the right to cross‐examine is demandable
It is demandable only during trials. Thus, it
cannot be availed of during preliminary
investigations.
Principal exceptions to the right of
confrontation
The admissibility of “dying declarations”
Trial in absentia under Section 14(2)
With respect to child testimony
Section 16. All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi‐judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the
trial phase of criminal cases, the right to a
speedy disposition of cases covers ALL phases of
JUDICIAL, QUASI‐JUDICIAL or ADMINISTRATIVE
proceedings.
Section 17. No person shall be compelled to
be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the
answer of the accused or the witness would
establish a fact which would be a necessary link
in a chain of evidence to prove the commission
of a crime by the accused or the witness.
Section 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory
service of one to another no matter under what
form such servitude may be disguised.
Exceptions:
Punishment for a crime for which the
party has been duly convicted
Personal military or civil service in the
interest of national defense
Return to work order issued by the
DOLE Secretary or the President
Section 19. Prohibition against cruel,
degrading and inhuman punishment
When is a penalty “cruel, degrading and
inhuman”?
A penalty is cruel and inhuman if it
involves torture or lingering suffering.
Ex. Being drawn and quartered.
A penalty is degrading if it exposes a
person to public humiliation. Ex. Being
tarred and feathered, then paraded
throughout town.
Standards used:
The punishment must not be so severe
as to be degrading to the dignity of
human beings.
It must not be applied arbitrarily.
It must not be unacceptable to
contemporary society
It must not be excessive, i.e. it must
serve a penal purpose more effectively
than a less severe punishment would.
Excessive fine
A fine is excessive, when under any
circumstance, it is disproportionate to the
offense.
Note: Fr. Bernas says that the accused cannot
be convicted of the crime to which the
punishment is attached if the court finds that
the punishment is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not
a penal law.
Section 20. No person shall be imprisoned for
debt or non‐payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation,
whether express or implied, resulting in any
liability to pay money. Thus, all other types of
obligations are not within the scope of this
prohibition.
2) Thus, if an accused fails to pay the fine
imposed upon him, this may result in his
subsidiary imprisonment because his liability is
ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the
imprisonment of the debtor if:
The fraudulent debt constitutes a crime such as
estafa and
The accused has been duly convicted.
Section 21. No person shall be twice put in
jeopardy of punishment for the same offense.
If an act 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: CODE: ATS
1) 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.
When does jeopardy ATTACH: (1st requisite)
CODE: CICAV
1) A person is charged
2) Under a complaint or information
sufficient in form and substance to sustain a
conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
When does jeopardy NOT attach:
1) If information does not charge any offense
2) If, upon pleading guilty, the accused
presents evidence of complete self‐defense,
and the court thereafter acquits him without
entering a new plea of not guilty for accused.
3) If the information for an offense
cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary
investigation is dismissed.
When does first jeopardy TERMINATE: (2ND
REQUISITE)
1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the
accused
4) Dismissal on the merits.
Examples of termination of jeopardy:
1) Dismissal based on violation of the right
to a speedy trial. This amounts to an acquittal.
2) Dismissal based on a demurrer to
evidence. This is a dismissal on the merits.
3) Dismissal on motion of the prosecution,
subsequent to a motion for reinvestigation filed
by the accused.
4) Discharge of an accused to be a state
witness. This amounts to an acquittal.
When can the PROSECUTION appeal from an
order of dismissal:
1) If dismissal is on motion of the accused.
Exception: If motion is based on violation of the
right to a speedy trial or on a demurrer to
evidence.
2) If dismissal does NOT amount to an
acquittal or dismissal on the merits
3) If the question to be passed upon is purely
legal.
4) If the dismissal violates the right of due
process of the prosecution.
5) If the dismissal was made with grave
abuse of discretion.
What are considered to be the “SAME
OFFENSE”: (under the 1st sentence of Section
21)
1) Exact identity between the offenses
charged in the first and second cases.
2) One offense is an attempt to commit or a
frustration of the other offense.
3) One offense is necessarily included or
necessary includes the other.
Note: where a single act results in the violation
of different laws or different provisions of the
same law, the prosecution for one will not bar
the other so long as none of the exceptions
apply.
Definition of double jeopardy (2nd sentence of
Sec. 21)
Double jeopardy will result if the act punishable
under the law and the ordinance are the same.
For there to be double jeopardy, it is not
necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for
an offense will not bar a prosecution for an
offense which necessarily includes the offense
charged in the former information where:
The graver offense developed due to a
supervening fact arising from the same
act or omission constituting the former
charge.
The facts constituting the graver
offense became known or were
discovered only after the filing of the
former information.
The plea of guilty to the lesser offense
was made without the consent of the
fiscal and the offended party.
2) Under (1)(b), 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 a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he
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.
Section 22. No ex post facto law or bill of
attainder shall be enacted.
Definition of ex‐post facto law.
1) One which makes an action done before
the passing of the law, and which was innocent
when done, criminal, and punishes such action.
2) One which aggravates the crime or makes
it greater than when it was committed.
3) One which changes the punishment and
inflicts a greater punishment than that which
the law annexed to the crime when it was
committed.
4) One 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) One 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) One 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.
Note: The prohibition on ex post facto laws
only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1) A bill of attainder is a LEGISLATIVE act
which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be
directed at a specifically named person. It may
also refer to easily ascertainable members of a
group in such a way as to inflict punishment on
them without judicial trial.
Elements of the bill of attainder
There must be a LAW.
The law imposes a PENAL burden on a
NAMED INVIDIDUAL/EASILY
ASCERTAINABLE MEMBERS of a GROUP.
The penal burden is imposed DIRECTLY
by the LAW W/O JUDICIAL trial.