Pamil, Angeline A.

BSEDEN 3-1D

A. Government
Definitions
a. Executive Power
- Executive power is vested in the President of the Philippines.
- The scope of this power is set forth in Art. VII of the Constitution. But this
power is not limited to those set forth therein. The SC, in Marcos v. Manglapus,
referred to the RESIDUAL powers of the President as the Chief Executive of
the country, which powers include others not set forth in the Constitution.
EXAMPLE: The President is immune from suit and criminal prosecution while
he is in office.

b. Legislative Power
- The legislative branch, including both the House and the Senate, is given
extensive powers by the Constitution. The legislative branch is the only branch
that can create laws or change existing laws. Once a bill is passed through the
legislative branch the president must sign the bill in order for it to become a law.
The executive branch does have an important check on the legislative branch
when the president vetoes a law. However, the legislative branch can override
the president's veto if both houses agree to do so with a two-thirds vote by all of
its members.
- Article I, Section 8 of the Constitution specifically lists the powers of the
legislative branch. These listed powers include the power to tax, borrow money,
to regulate commerce with foreign nations and among the states, to establish
rules for the naturalization of foreigners seeking citizenship, to establish a post
office, to raise and maintain an army and navy, and to declare war.

c. Judicial Power
- The Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been grave abuse of discretion
amounting to lack or in excess of jurisdiction on the part of any branch or
instrumentality of the Government. Under the 1987 Constitution of the
Philippines, it is vested in one Supreme Court and in such lower courts as may
be established by law.

d. Term of office
- The number of years a president can serve is not stated in the US Constitution
but the example of serving not more than two four-year terms was first adopted
by Washington who refused a third term after 1797.

e. Tenure of office
- The Tenure of Office Act restricted the President to suspend an officer while
the Senate was not in session. (At that time, Congress sat during a relatively
small portion of the year.) If, when the Senate reconvened, it declined to ratify
the removal, the President would be required to reinstate the official.

f. Separation of Powers
- Under the separation of powers, each branch of government has a specific
function. The legislative branchthe Congressmakes the laws. The executive
branchthe presidentimplements the laws. The judiciarythe court
systeminterprets the laws and decides legal controversies.

g. Fusion of Power
- commonly known as a parliamentary system. In such a parliamentary system,
the chief executive--the British Prime Minister (PM), the Prime Minister of
Israel, the Bundeskanzler (Federal Chancellor) of Germany--comes to power
based on the support of one or more political parties in the legislature which
provide an absolute majority of votes to support and maintain that chief
executive in power. If one party has an absolute majority of seats in the
legislature, its party leader becomes prime minister and, with the heads of the
departments (ministers) that he appoints from his party, a cabinet is formed.
The cabinet--Prime Minister and other ministers--make up the Government of
the Day.

h. Check and Balance

- each branch acts as a restraint on the powers of theother two. The president can
either sign the legislation of Congress, making it law, or Veto it. TheCongress,
through the Senate, has the power of advise and consent on presidential
appointmentsand can therefore reject an appointee. The courts, given the sole
power to interpret the Constitutionand the laws, can uphold or overturn acts of
the legislature or rule on actions by the president. Mostjudges are appointed, and
therefore Congress and the president can affect the judiciary. Thus at notime

does all authority rest with a single branch of government. Instead, power is
measured,apportioned, and restrained among the three government branches.
The states also follow the three-part model of government, through state
governors, state legislatures, and the state court systems.

g. Anarchy
- The word "anarchy" is from the Greek, prefix an (or a), meaning "not," "the want of,"
"the absence of," or "the lack of", plus archos, meaning "a ruler," "director", "chief,"
"person in charge," or "authority." Or, as Peter Kropotkin put it, Anarchy comes from
the Greek words meaning "contrary to authority."

h. Monarchy
- Monarchy, political system based upon the undivided sovereignty or rule of a single
person. The term applies to states in which supreme authority is vested in the monarch,
an individual ruler who functions as the head of state and who achieves his position
through heredity. Succession usually passes from father to son or follows other
arrangements within the family or the monarchical dynasty.

i. Aristocracy
- Aristocracy, government by a relatively small privileged class or by a minority
consisting of those felt to be best qualified to rule.

j. Democracy
- the belief in freedom and equality between people, or a system of government
based on this belief, in which power is either held by elected representatives or
directly by the people themselves.

k. Presidential
- The elected head of a republican state
- a system of government in which the president is constitutionally independent
of the legislature.

l. Parliamentary

a system of government having the real executive power vested in a cabinet

composed of members of the legislature who are individually and collectively
responsible to the legislature.

m. Unitary
- The definition of a unitary government or unitary state is a system of political
organization with a central supreme government which holds the authority over
and makes the decisions for subordinate local governments.

n. Federal
- Body of individuals at the federal level that sets and administers public policy,
exercises executive and political power through customs, institutions, and laws
within a country.

o. De jure
- De jure standards, or standards according to law, are endorsed by a formal
standards organization. The organization ratifies each standard through its
official procedures and gives the standard its stamp of approval.

p. De facto
- De facto standards, or standards in actuality, are adopted widely by an industry
and its customers. They are also known as market-driven standards. These
standards arise when a critical mass simply likes them well enough to
collectively use them. Market-driven standards can become de jure standards if
they are approved through a formal standards organization.

B. Characteristics of Sovereignty
1. All Comprehensiveness
The State is all comprehensive and the sovereign power is universally applicable. Every
individual and every association of individual is subject to the sovereignty of the state.
No association or group of individuals, however, rich or powerful it may be, can resist
or disobey the sovereign authority.
2. Permanence

Permanence is the chief characteristics of sovereignty. Sovereignty lasts as long as an

independent state lasts. The death of the king, the overthrow of the government and
the addiction of power does not lead to the destruction of sovereignty.
We should keep in mind the basic fact that the king or the ruler exercises sovereign
power on behalf of the state and, therefore, sovereignty lasts as long as the state lasts.
The death of the king or the overthrow of the government does not affect sovereignty.
This is the reason why people in England used to say The King is dead, long live the
King.
3. Absoluteness
Sovereignty is absolute and unlimited. The sovereign is entitled to do whatsoever he
likes. Sovereignty is subject to none.
4. Exclusiveness
By exclusiveness we mean that there can be two sovereigns, in one independent state
and if the two sovereigns exist in a state, the unity of that state will be destroyed. There
cannot exist another sovereign slate within the existing sovereign state.
5. Indivisibility
Indivisibility is the life-blood of sovereignty. Sovereignty cannot be divided state,
American statesman Calhoun has declared, Sovereignty is an entire thing; to divide it
is to destroy it. It is the supreme power in a state and we might just well divide it is to
destroy it.
It is the supreme power in a state and we might just well speak of half square or half a
triangle as half a sovereignty. Gettell, has also very aptly remarked in this regard, If
sovereignty is not absolute, no state exists. If sovereignty is divided, more than one
state exists.
6. Inalienability
Inalienability is another characteristic of sovereignty. Sovereignty is inalienable. By
inalienability we mean that the State cannot part with its sovereignty. In other words,
we can say that the sovereign does not remain the sovereign or the sovereign state, if
he or the state transfers his or its sovereignty to any other person or any other state.
Sovereignty is the life and soul of the state and it cannot be alienated without
destroying the state itself. Lieber has very aptly remarked in this connection:
Sovereignty can no more be alienated than a tree can alienate its right to sprout or a
man can transfer his life or personality to another without self-destruction.
7. Imperscriptibility
By imprescriptibility, we mean that if the sovereign does not exercise his sovereignty
for a certain period of time, it does not lead to the destruction of sovereignty. It lasts as
long as the state lasts.

C. Kinds of Sovereignty
1. Legal
Legal sovereignty is that authority of the state which has the legal power to issue final
commands. It is the authority of the state to whose directions the law of the State
attributes final legal force. In every independent and ordered state there are some laws
which must be obeyed by the people and there must be a power to issue and enforce
these laws. The power which has the legal authority to issue and enforce these laws is
legal sovereignty.
2. Political
According to Professor Gilchrist, The political sovereign means the sum-total of
influences in a State which lie behind the law. In modern representative government
we might define it roughly as the power of the people. In other words by political
sovereign in the representative democracies, we mean the whole mass of the people or
the electorate or the public opinion. But at the same time, it cannot be emphatically
asserted that political sovereignty can definitely be identified with the whole mass of
the people, the electorate or the public opinion. Political sovereignty is a vague and
indeterminate term.
3. Internal
Internal sovereignty - refers to the power of the State to control its domestic affairs. It
empowers the State to make and alter its system of government, and to regulate its
private affairs, as well as the rights and relations of its citizens, without any dictation,
interference, or control on the part of any person or body or State outside the particular
political community.
4. External
External sovereignty - is the power of the State to direct its relations with other States.
With this, the State is not subject to the control, dictation, or government of any other
power. It implies the right and power to receive recognition as an independent power
from other powers, and to make treaties with them on equal terms, make war or peace
with them, send diplomatic agents to them, acquire territory by conquest or occupation,
and otherwise to manifest the freedom and autonomy. (Suarez, 2005) This is also
known as independence.
5. De jure and De facto
Sometimes a distinction is made between the De Facto (actual) sovereignty and De
Jure (legal) sovereignty. A de jure sovereign is the legal sovereign whereas a de factor
sovereign is a sovereign which is actually obeyed.
In the words of Lord Bryce, de facto sovereign is the person or a body of persons who
can make his or their will prevail whether with the law or against the law; he or they,
is the de facto ruler, the person to whom obedience is actually paid. Thus, it is quite

clear, that de jure is the legal sovereignty founded on law whereas dc facto is the actual
sovereignty.
6. Actual
In such States, the real power and authority is in the hands of the actual sovereign, the
parliament or the prime minister or the cabinet.
7. Titular
Lowell has summed up the position of the British Sovereign in these words: According
to the early history of the constitution, the ministers were the counsellors of the king.
It was for them to advise and for him to decide. Now the parts are almost reversed. The
king is consulted but the ministers decide.

D. Definition
1. Constitution
The fundamental law, written or unwritten, that establishes the character of a
government bydefining the basic principles to which a society must conform; by
describing the organization of thegovernment and regulation, distribution, and
limitations on the functions of different governmentdepartments; and by prescribing
the extent and manner of the exercise of its sovereign powers.
2. Stature - reputation and importance based on admirable qualities or achievements:
3. Ordinance - a rule established by authority; a permanent rule of action
4. Amendments
Change in a legal document made by adding, altering, or omitting a certain part or term.
Amended documents, when properly executed (signed by all parties concerned), retain
the legal validity of the original document. For construction or supply contracts,
amendment refers to change made before the contract is awarded, any change made
afterwards iscalled modification.
5. Revision - the act of changing or correcting something, or the thing that has been
changed or corrected
6. Plebiscite - a plebiscite is 'a direct vote of the qualified electors of a state in regard
to some important public question'.

7. Referendum
A referendum by the same dictionary is 'the principle or procedure of referring or
submitting measures proposed or passed by a legislative body to the vote of the
electorate for approval or rejection'.
8. Initiative
The initiative is a process that enables citizens to bypass their state legislature by
placing proposed statutes and, in some states, constitutional amendments on the ballot.
9. Recall
Recall is a procedure that allows citizens to remove and replace a public official before
the end of a term of office. Recall differs from another method for removing officials
from office impeachment in that it is a political device while impeachment is a legal
process.
10. Impeachment
A process that is used to charge, try, and remove public officials for misconduct while
in office.
Impeachment is a fundamental constitutional power belonging to Congress. This
safeguard againstcorruption can be initiated against federal officeholders from the
lowest cabinet member, all the wayup to the president and the chief justice of the U.S.
Supreme Court.
11. Constitution Conventional
The Conventional of Enacted Constitution is the constitution that was created through
a constitutional convention; this convention is called to be able to draft the constitution.
12. Enacted
An Enacted Constitution is a man-made constitution. It is made, enacted and adopted
by an assembly or council called a Constituent Assembly or Constitutional Council. It
is duly passed after a thorough discussion over its objectives, principles and provisions.
It is written in the form of a book or as a series of documents and in a systematic and
formal manner. The Constitutions of India the USA, Japan, China and most of other
states are enacted constitutions.
13. Cumulative
The Cumulative or Evolve Constitution is the constitution that is developed as a part
of the history of a particular nation; it was not created through a national convention.
14. Evolve
An evolved constitution is one which is not made at any time by any assembly of
persons or an institution. It is the result of slow and gradual process of evolution. Its

rules and principles draw binding force from the fact of their being recognised as
ancient, historical, time-tested and respected customs and conventions.
15. Written
A written constitution means a constitution written in the form of a book or a series of
documents combined in the form of a book. It is a consciously framed and enacted
constitution. It is formulated and adopted by a constituent assembly or a council or a
legislature.
16. Unwritten
An unwritten constitution is one which is neither drafted nor enacted by a Constituent
Assembly and nor even written in the form of a book. It is found in several historical
charters, laws and conventions. It is a product of slow and gradual evolution. The
government is organised and it functions in accordance with several well settled, but
not wholly written rules and conventions. The people know their Constitution. They
accept and obey it, but do not possess it in a written form. An unwritten constitution
cannot be produced in the form of a book.
17. Rigid/ inelastic
The Rigid Constitution is one which cannot be easily amended. Its method of
amendment is difficult. For amending it, the legislature has to pass an amendment bill
by a specific, usually big, majority of 2/3rd or 3/4th. For passing or amending an
ordinary law, the legislature usually passes the law by a simple majority of its members.
18. Flexible/ elastic
A Flexible Constitution is one which can be easily amended. Several political scientists
advocate the view that a flexible constitution is one in which the constitutional law can
be amended in the same way as an ordinary law. Constitutional amendments are passed
in the same manner by which an ordinary law is passed.
19. Preamble
A clause at the beginning of a constitution or statute explaining the reasons for its
enactment andthe objectives it seeks to attain.
Generally a preamble is a declaration by the legislature of the reasons for the passage
of thestatute, and it aids in the interpretation of any ambiguities within the statute to
which it is prefixed. Ithas been held, however, that a preamble is not an essential part
of an act, and it neither enlargesnor confers powers.

7.6 Five purposes found in the preamble include:

1.

establish justice

2.

insure domestic tranquility

3.

provide for the common defense

4.

promote the general welfare

5.

secure the blessings of liberty to ourselves and our posterity

7.7 Manifestation of a Democtrative and Republican State

A. Definition
Bill of right
-

A declaration of individual rights and freedoms, usually issued by a national

government.

A list of fundamental rights included in each state constitution. The first ten
amendments to the U.S. Constitution, ratified in 1791, which set forth and
guaranteecertain fundamental rights and privileges of individuals, including freedom
of religion, speech, press,and assembly; guarantee of a speedy jury trial in criminal
cases; and protection against excessivebail and Cruel and Unusual Punishment.

Natural right
Fundamental human rights based on universal natural law, as opposed to those based
on man-made positive law. Although there is no unanimity as to which right is natural
and which is not, the widely held view is that nature endows every human (without
any distinction of time or space, and without any regard to age, gender, nationality, or
race) with certain inalienable rights (such as the right to 'life, liberty, and pursuit of
happiness') which cannot be abrogated or interfered with by any government. And that,
whether or not these rights are enshrined in a national legal code, no government is
lawful if it fails to upholds them.

Political right
Political rights are the rights exercised in the formation and administration of a
government. They are given to citizen by the constitution. These rights give the citizen
power to participate directly or indirectly in the administration.

Political rights are the right to political participation. Political participation can take
many forms; the most notable form is the right to vote. The right also covers the right
to join a political party; the right to stand as a candidate in an election; the right to
participate in a demonstration; and freedom of association.

Constitutional rights
Rights given or reserved to the people by the U. S. Constitution, and in particular, the
Bill of Rights(first ten amendments). These rights include: writ of habeas corpus, no
bill of attainder, no duties ortaxes on transporting goods from one state to another.

Statutory rights
A statutory right is a right granted under a statute, whether federal or state. Statutory
means relating to statutes, which are laws enacted by a legislature or other governing
body. The written statutes can be used as authority to govern resolving the disputes
they address in many cases, rather than case law or judge-made law, constitutional law,
contract law, etc.

Due process of law

A fundamental, constitutional guarantee that all legal proceedings will be fair and that
one will begiven notice of the proceedings and an opportunity to be heard before the
government acts to takeaway one's life, liberty, or property. Also, a constitutional
guarantee that a law shall not beunreasonable, Arbitrary, or capricious.

Procedural due process

Procedural due process refers to the aspects of the due process clause that relate to the
procedure of arresting and trying persons who have been accused of crimes. It also
applies to any other government action that deprives an individual of life, liberty, or
property. According to the principle of procedural due process, if a person is deprived
of life, liberty or property, s/he is entitled to adequate notice, hearing, counsel, and a
neutral judge. This principle follows the concept of fundamental fairness.

Substantive process
The substantive limitations placed on the content or subject matter of state and federal
laws by theDue Process Clauses of the Fifth and Fourteenth Amendments to the U.S.
Constitution.

Equal Protection of Law

A phrase in the Fourteenth Amendment to the UnitedStates Constitution requiring
that states guarantee thesame rights, privileges, and protections to all citizens.This
doctrine reinforces that of due process of law andprevents states from passing or
enforcing laws thatarbitrarily discriminate against anyone.

Class Legislation
Class legislation refers to legislation that applies to certain persons or class of persons,
either natural or artificial, or to certain districts of territory or state. Class legislation
violates equal protection guaranteed through the fourteenth amendment of the U.S.
Constitution. An Act enacted in the form of private act for the benefit of certain
individual is an example of class legislation.

Right of Privacy
The right to privacy is the right to be let alone, in the absence of some "reasonable"
public interest in a person's activities, like those of celebrities or participants in
newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for
damages against the person or entity violating the right.

Probable Cause
Probable cause is a standard used in justifying certain police actions. For example, police
need to have probable cause to believe evidence of a crime exists in requesting a search
warrant to be issued. It is more than mere suspicion but less than the amount of
evidence required for conviction.

Search Warrant
A search warrant is an order issued by a judge that authorizes police officers to conduct
a search of a specific location. A search warrant describes the address to be searched,
identifies the persons (if known) and any articles intended to be seized. Such a search
warrant can only be issued upon a sworn written statement of a law enforcement officer
seeking the warrant to the magistrate and requesting the magistrate to issue the warrant
based on the probability of criminal activity. Police may search a dwelling even when
the occupant is not present and even without exigent circumstances.

Warrant of Arrest
An arrest warrant is a judge's order to law enforcement officers to arrest and bring to
jail a person charged with a crime. Before an arrest warrant is issued, the district
attorney, a police officer or an alleged victim must make a sworn statement that the
accused person committed a crime. It is also called a warrant of arrest.

Cross Examination
Cross examination is the questioning of a witness at a trial or hearing by the opposing
party who called the witness to testify. The purpose of cross-examination is to
ascertain the credibility of a witness before the fact-finder and to bring out
contradictions and improbabilities in his/her earlier testimony, by putting leading
questions thus by trapping the witness into admissions that weaken the testimony.
Leading questions are limited to matters covered on direct examination and to
credibility issues.

Inadmissible Evidence
Inadmissible evidence is that evidence which may not be received by the judge or jury
in a case in order to decide the merits of a controversy. Rules of evidence, which vary
by jurisdiction, determine the admissibility of evidence. It is the judge's duty to apply
the rules of evidence in the case at hand to determine its admissibility; however, the
judge need not introduce all admissible evidence.

Freedom of Expression
Also known as freedom of speech. Includes free press; to express beliefs andideas
without unwarranted government restriction.

Religious Freedom
The Religious Freedom Restoration Act of 1993 is a federal law that aims at preventing
laws that substantially burden a person's free exercise of their religion.
The purpose of the act was to protect religious individuals and organizations against
government interference with the practice of their faith. One can bring a lawsuit
against the federal, state, or local government if s/he belief that laws or other
governmental action substantially burdened their religious practices. In such actions,
the government must demonstrate that its actions served a compelling interest and that
there were no less restrictive ways to accomplish its goals.

Non-Establishment Clause
The Establishment Clause is a provision in the First Amendment of the U.S.
Constitution, extended to apply to the states through the Fouteenth Amendment,
which prohibits laws dealing with the establishment of religion. Neither the state or
federal government may enact laws which aid one or all religions, or give a preference
to one religion over another. The Establishment Clause was intended to prohibit the
federal government from declaring and financially supporting a national religion.

Freedom to Believe
Depending on your traditions of faith, or your personal priorities, the free exercise of
religion may look very different for you than it does for others. Religious exercise can
emphasize ritual and ceremony; or it can be about attire, or diet; it can be about how we
minister to others, or about the rules and principles to which we commit ourselves. It
can mean different things at different times of the year, or times of the day.

Freedom to Act In Accordance To One's Belief

Depending on your traditions of faith, or your personal priorities, the free exercise of
religion may look very different for you than it does for others. Religious exercise can
emphasize ritual and ceremony; or it can be about attire, or diet; it can be about how we
minister to others, or about the rules and principles to which we commit ourselves. It
can mean different things at different times of the year, or times of the day.

Power Of Eminent Domain

By virtue of the power of eminent domain, the government, as a sovereign, has the
authority to take private property for public use upon observance of due process of law
and payment of just compensation (NPC vs. Court of Appeals, G.R. No. 106804,
August 12, 2004 citing Visayan Refining Co. v. Camus, 40 Phil. 550). For purposes of
taking private properties, the term national government projects shall refer to all
national government structure, engineering works and service contracts, including
projects undertaken by government-owned and controlled corporations, all projects
covered by Republic Act (R.A.) No. 6957, as amended by R.A. No. 7718 or the BuildOperate-and Transfer law, and other related and necessary activities, such as site
acquisition, supply and/or installation of equipment and materials, implementation,
construction, completion, operation, maintenance, improvement, repair, and
rehabilitation, regardless of the source of funding (Section 2, RA No. 8974). The
government may acquire private properties through donation, negotiated sale,

expropriation or any other mode of acquisition as provided by law (Section 3, RA No.

8974).

Expropriation
The act of taking of privately owned property by a government to be used for the
benefit of the public. In the United States, the government has the right to take property
through eminent domain.

Sequestration
The action of taking legal possession of assets until a debt has been paid or other claims
have been met.

Police Power
The capacity of the states to regulate behavior and enforce order within their territory
for the betterment of the health, safety, morals, and general welfare of their inhabitants.

Taxing Power
Congress has power under Article I, Section 8 to lay and collect taxes, duties, imposts
and excises, to pay the debts and provide for the common defense and general welfare.
Under the 16th Amendment, Congress can collect taxes on incomes that are derived
from any source.

Pauper Litigant
Any court may authorize a litigant to prosecute his action or defense as a pauper upon
a proper showing that he has no means to that effect by affidavits, certificate of the
corresponding provincial, city or municipal treasurer, or otherwise. Such authority,
once given[,] shall include an exemption from payment of legal fees and from filing
appeal bond, printed record and printed brief. The legal fees shall be a lien to any
judgment rendered in the case [favorable] to the pauper, unless the court otherwise
provides.

Docket Fee
means a sum of money charged by a court for placing a case on its docket or calendar.
In other words, it means a set amount chargeable as part of the expenses of the action.

Preliminary Investigation
is an inquiry conducted by law enforcement representatives to gather more
information about an allegation. The purpose of the inquiry is twofold: it is designed
to determine whether or not a crime was committed and to identify a suspect or confirm
a suspect's identity.

Prima Facie
Referring to a lawsuit or criminal prosecution in which the evidence before trial is
sufficient to prove the case unless there is substantial contradictory evidence presented
at trial. A prima facie case presented to a Grand Jury by the prosecution will result in
an indictment. Example: in a charge of bad check writing, evidence of a half dozen
checks written on a non-existent bank account makes it a prima facie case. However,
proof that the bank had misprinted the account number on the checks might disprove
the prosecution's apparent "open and shut" case.

Right Against Self-Incrimination

Under Section 17 of Article III of the 1987 Constitution, No person shall be compelled
to be a witness against himself. It does not exactly say right against selfincrimination. Also, under the Rules of Criminal Procedure, particularly Rule 115,
Section 1 [e], an accused at TRIAL is exempt from being compelled to be a witness
against himself.
Again, no phrase involving the words self-incrimination. Lastly, and more
importantly, under the Senate section (Article VI, The Legislative Department) of the
Constitution, if there is an inquiry in the aid of legislation, the rights of persons
appearing in, or affected by, such inquiries shall be respected (Section 21).

The Right To Remain Silent

The right to remain silent is designed to protect a person who is undergoing police
questioning or trial. This right may help a person avoid making self-incriminating
statements. It may also include the condition that unfavorable comments or inferences

cannot be made by the tribunal because the defendant refused to answer questions
before or during a court trial.

Testimonial and Nontestimonial Compulsion

In the 1960s the Supreme Court ruled that the right against self-incrimination was not
infringed when police compelled the driver of an accident vehicle to give a blood sample
for analysis of its alcoholic content, compelled a suspect in a lineup to utter

Writ Of Amparo
"Amparo" which originated in the political experience of Latin American countries, is
derived from "amparar" which means "to protect." As envisioned by our own Supreme
Court, the writ of amparo can be availed of "as protective tool and remedy for the
greater protection of the constitutional rights of the victims". Human rights groups
welcomed the advent of amparo which they perceived as "additional deterrence" to
abuses committed by the military and police. Official statistics of this Court on amparo
petitions filed since October 24, 2007 when the Rule became effective, tend to confirm
that complaints of this nature have considerably decreased.

Writ Habeas Corpus

A writ of habeas corpus (literally to "produce the body") is a court order to a person
(prison warden) or agency (institution) holding someone in custody to deliver the
imprisoned individual to the court issuing the order.

The Right to Bail

The right to bail is available to any person arrested, detained, or otherwise deprived of
his liberty, whether or not an information or criminal complaint has been against him.
However, persons charged with offenses punishable by reclusion perpetua when
evidence of guilt against him is strong cannot avail of the right to bail.

Reclusion Perpetua
Reclusion perpetua entails imprisonment for at least thirty [30] years after which the
convict becomes eligible for pardon. It also carries with it accessory penalties, namely:
perpetual special disqualification, etc. It is not the same as life imprisonment which,
for one thing, does not carry with it any accessory penalty, and for another, does not
appear to have any definite extent or duration.

Recognizance
a bond by which a person undertakes before a court or magistrate to observe some
condition, especially to appear when summoned.

The Presumption of Innocence

is an important part of our criminal law system. Basically it means that if you are
accused of a crime, you don't have to prove you are innocent. Instead, it is the job of the
prosecutor to prove you are guilty.

Martial Law
Martial law is a system of absolute miltary control over all military and civilian
activities of a country, in a theoretical or actual war zone, during civil disorder, in
occupied territory, after a coup d'etat, or during a state of emergency caused by a natural
disaster such as an earthquake or flood. In the United States only the President as
commander-in-chief has authority to impose martial law and it must be limited to the
duration of the warfare or emergency. It cannot be imposed in a manner resulting in a
long-term denial of constitutional rights.

Trial in Absentia
In absentia is a Latin Term meaning "in the absence". In the context of criminal law, it
refers to a trial carried on without the presence of the accused. However, due to the
right to confront accusers granted under the Sixth Amendment, such trials rarely occur.
Some states will conduct a trial in absentia when the defendant flees or otherwise
voluntarily fails to appear in court after being arrested. An automatic retrial may be
granted by state law when someone is arrested after being convicted in absentia. State
laws vary, so local law should be consulted.

Ex Post Facto Law

Ex post facto is a Latin term meaning after the fact. Ex-Post Facto Law is a law that
retroactively changes the legal consequences of acts committed or the legal status of
facts and relationships that existed prior to the enactment of the law. In U.S ex-post
facto criminal laws are prohibited under the Constitution. Article I, section 10, clause 1
of the Constitution provides that no state shall pass any ex post facto law. Similarly
Article I, section 9, clause 3 imposes the same prohibition upon the federal government.
However retrospective civil laws may be allowed. Nonetheless under certain
circumstances they may violate the Contract or Due Process Clauses of the

Constitution. The prohibition on ex post facto laws operates solely as a restraint on

legislative power. It has no application to changes in the law made by judicial decision.

Bill Of Attainder
Bill of Attainder is a legislative act pronouncing a person guilty of a crime, and
punishing them without benefit of a trial. This usually done is cases of treason.

Bill Of Pains And Penalties

Bill of Pains & Penalties refers to a special act of a legislature which inflicts a
punishment less than death upon persons supposed to be guilty of treason or felony,
without any conviction in the ordinary course of judicial proceedings.

Right Against Double Jeopardy

The Fifth Amendment's Double Jeopardy Clause protects against three distinct abuses:
a second prosecution for the same offense after acquittal; [2] a second prosecution for
the same offense after conviction; and [3] multiple punishments for the same offense.
However, if charges are brought by independently by state and federal governments, it
has been found not to violate the Double Jeopardy Clause.

Life
The term life in the due process clauses is not often the subject of dispute.

7.7 B. Enumeration
1-4 Requisites Of Procedural Due Process
(1) the right to a hearing, which includes the right to present ones case and submit evidence in
support thereof;
(2) the tribunal must consider the evidence presented;
(3) the decision must have something to support itself;
(4) the evidence must be substantial
5-8 Requisites Of A Valid Warrant
(5.) It must be issued upon probable cause;

(6.) The probable cause must be determined personally by the judge himself;
(7.) The determination of the existence of probable cause must be made after examination by
the judge of the complainant and the witnesses he may produce; and
(8.) The warrant must particularly describe the place to be searched, and the persons or things
to be seized.

9-11 Requites Of Trial In Abscentia

(9.) That there has been an arraignment;
(10.) That the accused has been notified; and
(11.) That his failure to appear is unjustified.

12-15 Rights Of Person Under Investigation

(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.
(13) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(14) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(15) 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.
(16.)

To be presumed innocent until the contrary is proved beyond reasonable doubt.

(17.) To be informed of the nature and cause of the accusation against him.
(18.) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to pomulgation of the judgment.
(19.) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.

(20.)

To be exempt from being compelled to be a witness against himself.

(21.) To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or
cannot with due diligence be found in the Philippines, unavailable, or otherwise unable to
testify, given in another case or proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party having the opportunity to cross-examine
him.
(22.) To have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
(23.)

To have speedy, impartial and public trial.

(24.) To appeal in all cases allowed and in the manner prescribed by law.

25-30. The Requisites of Double Jeopardy

(25.)

A first jeopardy must have validly attached prior to the second

(26.)

The first jeopardy must have been validly terminated

(27.) The second jeopardy must be for the same offense or the second offense includes or is
necessarily included in the offense charged in the first information or is an attempt to commit
the offense or a frustration thereof
(28.) Bail when not required

29-30 Instances when bail is not allowed

(29.) No bail shall be required when the law or these Rules so provide.
When a person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty
to which the accused may be sentenced is destierro, he shall be released after thirty (30) days
of preventive imprisonment.
(30.)A person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate Sentence
Law or any modifying circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court (Sec. 16).