Beruflich Dokumente
Kultur Dokumente
Section 12. (1) 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.
(2) No torture, force, violence, threat, intimidation, or any other means which
violate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to the rehabilitation of victims of torture or similar
practices, and their families.
I. Custodial Investigation, In General
A. Definition
People Pavillare, GR 129970, April 5, 2000
People v. Bandula - 232 SCRA 566
Navallo v. Sandiganbayan - 234 SCRA 175
Sebastian v. Garchitorena, GR 114028, October 18, 2000
OCA v. Sumulong, 271 SCRA 316
People v. Almanzor, GR 124918, July 11, 2002 (no need for counsel)
People v. Valdez, GR 129296, September 25, 2000
People v. Marra - 236 SCRA 565
People v. Labtan, G.R. No. 127493, December 8, 1999
Manuel v. NC Construction 282 SCRA 326
People v. de la Cruz, GR 137405, Sept. 27, 2002
*People v. Camat- 256 SCRA 52
People v. Evangelista - 256 SCRA 611
People v. Andan 269 SCRA 95
People v. Artellero, GR 129211, October 2, 2000
People v. De Jesus 213 SCRA 345
People v. Legaspi, GR 117802, April 27, 2000
B. Rationale
Miranda v. Arizona 384 US 436
People v. Canton, GR 148825, Dec. 27, 2002
II. Instances of Custodial Investigations
Page 1
Sheet1
People
People
People
People
People
People
v.
v.
v.
v.
v.
v.
Sheet1
People
People
People
People
People
v.
v.
v.
v.
v.
Sheet1
Sheet1
j. Right to Be Informed
People v. Manriquez, GR 122510-11, March 17, 2000
Magtoto v. Manguera - 63 SCRA 4
*People v. Camat- 256 SCRA 52
People v. Alegria - 190 SCRA 122
People v. Sabban 260 SCRA 630
People v. Barlis - 231 SCRA 426
People v. Agustin - 240 SCRA 541
People v. Samolde, GR 128551, July 31, 2000
People v. Sevilla, GR 124077, September 5, 2000
People v. Muleta GR 130189 June 25, 1999
People v. Tizon, GR 133228, July 30, 2002
People v. Llenaresas - 248 SCRA 629
People v. Cajara, GR 122498, September 27, 2000
People v. Manriquez, GR 122510-11, March 17, 2000
People v. Samolde, GR 128551, July 31, 2000
IV. Waiver of Rights
A. Requisites of a Valid Waiver
a. Must Be in Writing and in the Presence of Counsel
People v. Taliman, GR 109143, October 11, 2000
People v. Gomez 270 SCRA 432
People v. Cabintoy 247 SCRA 442
People v. Corullo 289 SCRA 481
People v. Olivarez GR 77865 December 4, 1998
People v. Ruelan - 231 SCRA 650
People v. Simon - 234 SCRA 555
Malacat v. CA (supra, Warrantless Arrests)
People v. Bacor, 306 SCRA 522
People v. Quidato GR 117160 or 6 October 1, 1998
b. Must Be Voluntary, Knowing and Intelligent
People v. Nicolas - 204 SCRA 191
People v. Agustin - 240 SCRA 541
V. Extrajudicial Confessions
A. Difference Between Admission and Confession
Ladiana v. People, GR 144293, Dec. 4, 2002
Page 5
Sheet1
Sheet1
Page 7
Sheet1
D. Administrative Investigation
Manuel v. NC Construction 282 SCRA 326
Remolona v. Civil Service Commission, G.R. No.13747, August 2, 2001
Sebastian v. Garchitorena, GR 114028, October 18, 2000
Escleo v. Durado, AM no. P-99-1312, July 31, 2002
E. Not in Police Custody
People v. Tobias 266 SCRA 229
OCA v. Sumulong, 271 SCRA 316
F. Police Line-up
General Rule
People v. Piedad, GR 131923, Dec. 5, 2002 (no need for counsel)
People v. Lamsing 248 SCRA 471
People v. Frago - 232 SCRA 653
*Gamboa v. Judge Cruz - 162 SCRA 675
People v. Salvatierra 276 SCRA 55 (supra, Warrantless Arrests)
Dela Torre v. CA 294 SCRA 196
People Pavillare, GR 129970, April 5, 2000
People v. Timple - 237 SCRA 52
People v. Dimaano 209 SCRA 819
People v. Loveria - 187 SCRA 47
People v. Tolentino, 423 SCRA 448
People v. Martinez, 425 SCRA 525
People v. Sultan, GR 130594, July 5, 2000
People v. Escordial, 373 SCRA 585 (line- up after custodial investigation starts,
requires counsel)
Exceptions
People v. Hatton 210 SCRA 1
People v. Gamer, 326 SCRA 660
*People v. Teehankee, Jr. 249 SCRA 54 (supra, Procedural)
People v. Meneses 288 SCRA 95
G. Spontaneous Statements
People v. Barrientos 285 SCRA 221
Arroyo v, CA - 203 SCRA 750
People v. Andan 269 SCRA 95
People v. Dumantay, 307 SCRA 1
People v. Morada GR 129723 May 19, 1999
Page 8
Sheet1
Sheet1
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
Page 10
Sheet1
Sheet1
Sheet1
Sheet1
Sheet1
Sheet1
Sheet1
Sheet1
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
People
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
Sheet1
Sheet1
Sheet1
Sheet1
Compulsory Process
Fajardo v. Garcia - 98 SCRA 514
People v. Yambot, GR 120350, October 13, 2000
Right to Confrontation, to Cross-Examine, or to Meet Witness Face to Face
*Tampar v. Usman - 200 SCRA 652
People v. Digno - 250 SCRA 237
People v. Miyake 279 SCRA 180People v. Narca 275 SCRA 696
People v. Quidato GR 117401 October 1, 1998
People v. Crispin, 327 SCRA 167
People v. Libo-on, G.R. NO. 136737, May 23, 2001
Carriaga v. C.A., G.R. No. 143561, June 6, 2001
People v. Rivera, G.R. No. 139180, July 31, 2001
People v. Monje, GR 146689, Sept. 27, 2002
Victorino v. People 509 SCRA 483
Herrera v. Sandiganbayan 579 SCRA 32
Ho Wai Pang v. People GR 1716229, October 19, 2011
Trial in Absentia; Right to Be Present
*Carredo v. People - 183 SCRA 273
People v. Ravelo - 202 SCRA 655
People v. Rivera - 242 SCRA 26
People v. Tabag 268 SCRA 115
Parada v. Veneracion (supra, Right to Bail)
Admissibility of Evidence
People v. Morial, G.R. No. 129295, August 15, 2001
People v. Tulin, G.R. No. 111709, August 30, 2001
Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases
Sheet1
Sheet1
and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Imbong v. Ochoa, GR 204819, April 8, 2014
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
Cruel, Degrading or Inhuman Punishment; Excessive Fines
*People v. Estoista - 93 PHIL. 647
People v. Dapitan - 197 SCRA 378
Baylosis v. Chavez - 202 SCRA 405 (modified by Robin Padilla)
People v. Munoz - 170 SCRA 107
People v. Amigo - 252 SCRA 43
*People v. Echegaray 267 SCRA 682 (death penalty)
People v. Tongko 290 SCRA 595
Echegaray v. Secretary of Justice 12 LR 32 N98
Padilla v. CA (supra, Right to Bail)
People v. Alicante, GR 127026-27, May 31, 2000
Page 24
Sheet1
Sheet1
Sheet1
Sheet1
Sheet1
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship u
the age of majority; and
4. Those who are naturalized in accordance with law.
Valles v. COMELEC, GR 137000, August 9, 2000
Ong Chia v. Republic, GR 127240, March 27, 2000
Children of Filipino fathers or mothers
*Gatchalian v. Board of Commissioners 197 SCRA 853
*Tecson v. Comelec, 423 SCRA 277
Go v. Ramos 598 SCRA 266
Gonzales v. Rennisi 614 SCRA 292
Cabiling v. Fernandez 625 SCRA 566
Page 29
Sheet1
Paragraph (3)
*Co. v. Electoral Tribunal - 199 SCRA 692
*Republic v. Sagun 666 SCRA 321
Paragraph (4)
So v. Republic 513 SCRA 267
Loss of Citizenship
*Yu v. Defensor-Santiago - 169 SCRA 364
Frivaldo v. COMELEC - 174 SCRA 245
*Frivaldo v. COMELEC 257 SCRA 727
Labo, Jr, v. COMELEC - 176 SCRA 1
*Labo, Jr, v. COMELEC 211 SCRA 297
Aznar v. Osmena - 185 SCRA 703
*Mercado v. Manzano GR 135083 May 26, 1999
Tabaso v. CA 500 SCRA 9
No Collateral Attack
Vilando v. HRET 656 SCRA 17
Section 2. Natural-born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine
citizenship. Those who elect Philippine citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural-born citizens.
Bengson v. HRET GR 142840, May 7, 2001
In re Mallare 59 SCRA 344
Chen Teck Lao v. Republic 55 SCRA 1
Cordero v. COMELEC 580 SCRA 12
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless b
omission they are deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt wi
RA 9225 An Act Making the Citizenship of Philippine Citizen who Acquire Foreign Citizenship
*AASJS-Calilung v. Datumanong, G.R. No. 160869, May 11, 2007
Page 30
Sheet1
Article V. SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately preceding the
election.No literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by qualified Filipinos
abroad.
The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.
*Macalintal v. COMELEC, GR 157013, July 10, 2003
*Nicolas-Lewis v. COMELEC 497 SCRA 649
Labo, Jr, v. COMELEC (supra, Citizenship)
Romualdez v. RTC 226 SCRA 408
Special Registration Before General Elections
Akbayan v. COMELEC, GR 147066, March 26, 2001
Article XIII. SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity, reduce
social, economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
Policy to Remove Inequities
*International School Alliance of Educators v. Quisumbing, GR 128845, June 1, 2000
Section 2. The promotion of social justice shall include the commitment to create
Sheet1
Section 3. The State shall afford full protection to labor, local and overseas, organized and u
Agrarian Reform
Section 4. The State shall, by law, undertaken an agrarian reform program
founded on the right of farmers and regular farmworkers, who are landless, to own
directly or collectively the lands they till or in the case of other farmworkers, to
receive a just share of the fruits thereof. To this end, the State shall encourage
and undertake the just distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress may prescribe, taking
into account ecological, developmental, or equity considerations, and subject to
the payment of just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide incentives
for voluntary land-sharing.
Page 32
Sheet1
Section 5. The State shall recognize the right of farmers, farmworkers, and
of local communities, to the preferential use of the communal marine and fishing
resources, both inland and offshore. It shall provide supportto such fishermen
through appropriate technology and research, adequate financial, production, and
marketing assistance, and other services. The State shall also protect, develop,
and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and fishing
resources.
Section 8. The State shall provide incentives to landowners to invest the proceeds
Page 33
Sheet1
Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling
demolished, except in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate
consultation with them and the communities where they are to be relocated.
Macasiano v. NHA 224 SCRA 236
Jumawan v. Eviota 234 SCRA 524
Filstream v. CA 284 SCRA 716
**People v. Leachon GR 108725 September 25, 1998 (just and humane
manner)
Human Rights
Section 17. (1) There is hereby created an independent office called the
Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four Members who
must be natural-born citizens of the Philippines and a majority of whom shall be
members of the Bar. The term of office and other qualifications and disabilities of
the Members of the Commission shall provided by law.
(3) Until this Commission is constituted, the existing Presidential Committee on
Human Rights shall continue to exercise its present functions and powers.
(4) The approved annual appropriations of the Commission shall be automatically
and regularly released.
*CHR Employees v. CHR 496 SCRA 226
Section 18. The Commission on Human Rights shall have the following powers
and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
Page 34
Sheet1
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt
for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;
(4) Exercise visitatorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to
enhance
respect to
forthe
theCongress
primacy of
humanmeasures
rights;
(6) Recommend
effective
to promote human rights and
to provide for compensation to victims of violations of human rights, or their
families;
(7) Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation onducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Section 19. The Congress may provide for other cases of violations of human
rights that should fall within the authority of the Commission, taking into account
its recommendations.
Powers of the Commission on Human Rights
*Carino v. CHR - 204 SCRA 483 (no adjudicating power, no contempt)
EPZA V. CHR, et. al. 208 SCRA 125 (no injunctive power)
*Simon v. CHR 229 SCRA 117 (no injunctive power)
Article XIV
Sports
Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education
accessible to all.
Natural and Primary Right of Parents
Meyer v. Nebraska - 262 US 390
Pierce v. Society of Sisters - 262 US 510
Wisconsin v. Yoder - 406 US 205
Ginsberg v. New York - 390 US 629
Page 35
Sheet1
Sheet1
be further developed and enriched on the basis of existing Philippine and other
languages. Subject to provisions of law and as the Congress may deem
appropriate, the Government shall take steps to initiate and sustain the use of
Filipino as a medium of official communication and as language of instruction in
the educational system. Section 7. For purposes of communication and
instruction, the official languages of the Philippines are Filipino and, until
otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall
serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education,
training, and services. It shall support indigenous, appropriate, and self- reliant
scientific and technological capabilities, and their application to the country's
productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to
Page 37
Sheet1
Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based
organizations in the generation and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such period as may be
provided by law.
Arts and Culture
Section 14. The State shall foster the preservation, enrichment, and dynamic
shall conserve, promote, and popularize the nation's historical and cultural
heritage and resources, as well as artistic creations.
Section 16. All the country's artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the State which may
regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of
Page 38
Sheet1
Accordingly, it shall strengthen its solidarity and actively promote its total
development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the
(1) The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly members but the State
Page 39
Sheet1
Bong
Alman
Page 40
Kha
Sheet1
Kha
Elkie
Elkie
Elkie
Megan
Phy
Page 41
Phy
Sheet1
Benn
Josh
Page 42
Sheet1
Che
Alman
Bong
Kha
Page 43
Sheet1
Benn
Phy
Bong
Page 44
Bong
Sheet1
Var
Kha
Page 45
Sheet1
Josh
Benn
Phy
Page 46
Phy
Sheet1
Benn
Elkie
Page 47
Elkie
Sheet1
Bong
Page 48
Kha
Sheet1
Kha
Che
Page 49
Sheet1
Phy
Che
Benn
Page 50
Sheet1
Kha
Alman
Alman
Page 51
Phy
Sheet1
Phy
Benn
Megan
Page 52
Megan
Sheet1
Page 53
Sheet1
Var
Page 54
Sheet1
Page 55
Sheet1
Elkie
Megan
Page 56
Sheet1
Alman
Page 57
Sheet1
Kha
Page 58
Var
Sheet1
Var
Josh
Page 59
Sheet1
Bong
Benn
Page 60
Sheet1
Megan
Elkie
Elkie
Page 61
Sheet1
Che
Megan
Page 62
Sheet1
Megan
Benn
Page 63
Benn
Sheet1
Elkie
Josh
Page 64
Sheet1
Phy
Page 65
Sheet1
Elkie
Kha
Page 66
Sheet1
Megan
Page 67
Sheet1
Alman
this Constitution;
Page 68
Sheet1
provided by law.
Page 69
Sheet1
ne 1, 2000
Page 70
Sheet1
as, organized and unorganized, and promote full employment and equality of employment opportunitie
Page 71
Sheet1
Page 72
Sheet1
Page 73
Sheet1
Page 74
Sheet1
Page 75
Sheet1
Page 76
Sheet1
Page 77
Sheet1
Page 78
Sheet1
Page 79
Sheet1
Page 80
Sheet1
Page 81
Sheet1
Page 82
Sheet1
Page 83
Sheet1
Page 84
Sheet1
Page 85
Sheet1
Page 86
Sheet1
Page 87
Sheet1
Page 88
Sheet1
Page 89
Sheet1
Page 90
Sheet1
Page 91
Sheet1
Page 92
Sheet1
Page 93
Sheet1
Page 94
Sheet1
Page 95
Sheet1
Page 96
Sheet1
Page 97
Sheet1
Page 98
Sheet1
Page 99
Sheet1
Page 100
Sheet1
Page 101
Sheet1
Page 102
Sheet1
Page 103
Sheet1
Page 104
Sheet1
Page 105
Sheet1
Page 106
Sheet1
Page 107
Sheet1
Page 108
Sheet1
Page 109
Sheet1
Page 110
Sheet1
Page 111
Sheet1
Page 112
Sheet1
Page 113
Sheet1
Page 114
Sheet1
Page 115
Sheet1
Page 116
Sheet1
Page 117