Beruflich Dokumente
Kultur Dokumente
WHAT IS THE BILL OF RIGHTS? The essence of due process is simply an opportunity to
be heard or as applied to administrative or quasi-judicial
The bill of rights is a declaration and enumeration of the proceedings, an opportunity to explain one’s side or an
individual rights and privileges which the constitution is opportunity to seek reconsideration of the action or
designed to protect against violations by the government ruling complained of. A formal or trial type hearing is not
or by individuals or group of individuals. It is a charter of at all times and in all instances essential. Abang Lingkod
liberties for the individual and a limitation upon the Party-List (Abang Lingkod) vs. Commission on Elections
power of the state.
WHAT ARE THE CARDINAL RULES OF PROCEDURAL DUE
WHAT IS THE SIGNIFICANCE OF THE BILL OF RIGHTS? PROCESS AS ENUNCIATED IN THE ANG TIBAY RULING?
The bill of rights is a guarantee that there are certain 1. The right to a hearing, which includes the right to
areas of a person’s life, liberty and property which present one's case and submit evidence in support
governmental power may not touch. thereof;
WHAT does the Bill of Rights regulate? 2. The tribunal must consider the evidence
The Bill of Rights basically govern the inter-relationship presented;
between the government and the individual, how the 3. The decision must have something to support
exercise of governmental powers affect the rights of the itself;
individual. Philippines vs Marti
4. The evidence must be substantial. Substantial
WHO MAY INVOKE THIS RIGHTS? evidence is such reasonable evidence as a reasonable
The rights enshrined in the constitution extends to all mind might accept as adequate to support a conclusion;
persons who resides within the Philippine territory. This 5. The decision must be based on the evidence
rights are vested not only to Filipino citizens, but also to presented at the hearing, or at least contained in the
aliens residing in the country. record and disclosed to the parties affected;
AGAINST WHOM MAY IT BE INVOKED? 6. The tribunal or body or any of its judges must act
Generally against the government when it exercises its on its or his own independent consideration of the law
basic or fundamental powers, however, in the absence and facts of the controversy, and not simply accept the
of government interference, the liberties guaranteed by views of a subordinate; and
the Constitution cannot be invoked against the state. 7. The tribunal or body should render its decision in
The bill of rights does not concern itself with the relation such manner that the parties to the proceeding can know
between a private individual and another individual. It the various issues involved and the reason for the
governs the relationship between the individual and decision rendered.
state. The prohibitions therein are primarily addressed to
State and its agents.
SUBSTANTIVE VS PROCEDURAL DUE PROCESS: City of
WHAT IS THE DOCTRINE OF PREFERRED RIGHTS? Manila vs. Laguio
As expounded in Philippine Blooming Mills Employees Procedural due process, as the phrase implies, refers to
Association vs. Philippine Blooming Mills Co., 50 SCRA the procedures that the government must follow before
189 (1990), in the hierarchy of civil liberties, there are it deprives a person of life, liberty, or property. Classic
rights safeguarded and sanctioned in the Constitution procedural due process issues are concerned with what
kind of notice and what form of hearing the government
must provide when it takes a particular action.
The chief elements of the guaranty are the right to labor, Due process requires that the terms of a penal statute
the right to contract, the right to choose ones must be sufficiently explicit to inform those who are
employment and the right to locomotion. RUBI VS PROV subject to it what conduct on their part will render them
BOARD OF MINDORO liable to its penalties. A criminal statute that “fails to give
a person of ordinary intelligence fair notice that his
WHAT ARE INCLUDED IN THE RIGHT TO PROPERTY?
contemplated conduct is forbidden by the statute,” or is
Property is anything that can come under the right of so indefinite that “it encourages arbitrary and erratic
ownership and can be subject of a contract. This will arrests and convictions,” is void for vagueness. People vs.
include all things real personal tangible and intangible. Dela Piedra
REQUIREMENTS OF DUE PROCESS IN ADMINISTRATIVE The void-for-vagueness doctrine states that “a statute
CASES; (Ang tibay vs CIR) which either forbids or requires the doing of an act in
terms so vague that men of common intelligence must
1. The right to a hearing which includes the right to necessarily guess at its meaning and differ as to its
present one’s cause and submit evidence in application, violates the first essential of due process of
support thereof law.” Romualdez vs. Sandiganbayan
2. The tribunal must consider the evidence
presented EXPLAIN THE OVERBREADTH DOCTRINE
3. The decision must have something to support
The overbreadth doctrine decrees that ‘a governmental
itself
purpose may not be achieved by means which sweep
4. The evidence must be substantial
unnecessarily broadly and thereby invade the area of
5. The decision must be based to the evidence
protected freedoms. Romualdez vs. Sandiganbayan
presented at the hearing or at least contained in
the record and disclosed to the parties affected. VOID FOR VAGUENESS VS OVERBREADTH DOCTRINE;
6. The tribunal or body or any of its judges must act
A statute or act suffers from THE DEFECT
on its own independent consideration of the law
OF VAGUENESS when it lacks comprehensible standards
and factsand not simply accept the views of a
that men of common intelligence must necessarily guess
subordinate
at its meaning and differ as to its application. It is
7. The board should render its decision in such
repugnant to the Constitution in two respects: (1) it
manner that the parties to the proceeding can
violates due process for failure to accord persons,
know the various issues involved.
especially the parties targeted by it, fair notice of the
WHAT IS A VAGUE STATUTE? conduct to avoid; and (2) it leaves law enforcers
unbridled discretion in carrying out its provisions and
A vague statute is one that lacks comprehensible
becomes an arbitrary flexing of the Government muscle.
standards that men of “Common intelligence must
necessarily guess at its meaning and differ as to its THE OVERBREADTH DOCTRINE, meanwhile, decrees
application. PEOPLE VS NAZARIO that a governmental purpose to control or prevent
activities constitutionally subject to state regulations
EXPLAIN TEST FOR VAGUENESS.
may not be achieved by means which sweep
The test in determining whether a criminal statute is void unnecessarily broadly and thereby invade the area of
for uncertainty is whether the language conveys a protected freedoms.
sufficiently definite warning as to the proscribed conduct
As distinguished from the vagueness doctrine, the
when measured by common understanding and practice.
overbreadth doctrine assumes that individuals will
It must be stressed, however, that the 'vagueness'
understand what a statute prohibits and will accordingly
doctrine merely requires a reasonable degree of
refrain from that behavior, even though some of it is
certainty for the statute to be upheld — not absolute
protected.
precision or mathematical exactitude, as petitioner
seems to suggest. WHAT IS SOCIAL JUSTICE?
Social justice is "neither communism, nor despotism, nor DEFINE POLITICAL RIGHTS
atomism, nor anarchy," but the humanization of laws
Political rights, refer to the right to participate, directly
and the equalization of social and economic forces by the
or indirectly, in the establishment or administration of
State so that justice in its rational and objectively secular
government, the right of suffrage, the right to hold public
conception may at least be approximated. Social justice
office, the right of petition and, in general, the rights
means the promotion of the welfare of all the people,
appurtenant to citizenship vis-a-vis the management of
the adoption by the Government of measures
government.
calculated to insure economic stability of all the
competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of the DEFINE POLICE POWER
community, constitutionally, through the adoption of The police power is the power vested in the legislature of
measures legally justifiable, or extra-constitutionally, the state to make, ordain, and establish all manner of
through the exercise of powers underlying the wholesome and reasonable laws, statutes, and
existence of all governments on the time-honored ordinances, either with penalties or without, which are
principle of salus populi est suprema lex. Social justice, not repugnant to the constitution as they shall judge to
therefore, must be founded on the recognition of the be for the good and welfare of the commonwealth, and
necessity of interdependence among divers and diverse of the subjects of the state. PEOPLE VS POMAR
units of a society and of the protection that should be
equally and evenly extended to all groups as a combined WHAT ARE THE TESTS FOR A VALID EXERCISE OF POLICE
force in our social and economic life, consistent with the POWER?
fundamental and paramount objective of the state of a. There must be a lawful subject
promoting the health, comfort, and quiet of all persons, b. The police power must be exercised through
and of bringing about "the greatest good to the greatest lawful means.
number. CALALANG VS WILLIAMS
DEFINE POWER OF EMINENT DOMAIN
EXPLAIN “VERTICAL” AND “HORIZONTAL”
ENFORCEMENT OF CONSTITUTIONAL RIGHTS. It is the right of the state to acquire private property for
public use upon payment of just compensation.
Vertical” enforcement of constitutional rights normally
pertain to a legal action initiated by an individual against WHAT THINGS ARE SUBJECT TO EXPROPRIATION?
the government or the State as the case may be.
Anything that can come under the dominion of man is
“Horizontal” enforcement of constitutional rights refers
subject to expropriation. It includes real and personal
to a legal action by an individual against another
tangible and intangible properties.
individual or private bodies.
WHAT IS JUST COMPENSATION?
DEFINE CIVIL RIGHTS
Just compensation is the full and fair equivalent of the
The term "civil rights," has been defined as referring (to)
property taken from the private owner. This is intended
those (rights) that belong to every citizen of the state or
to indemnify the owner fully for the loss he has sustained
country, or, in a wider sense, to all its inhabitants, and
as a result of the expropriation.
are not connected with the organization or
administration of government. They include the rights of REQUISITES OF TAKING?
property, marriage, equal protection of the laws,
1. Expropriator must enter a private property.
freedom of contract, etc.
2. Entry must be for more than a momentary
Or, as otherwise defined civil rights are rights period
appertaining to a person by virtue of his citizenship in a 3. Entry must be under warrant or color of legal
state or community. Such term may also refer, in its authority
general sense, to rights capable of being enforced or 4. Property must be devoted to public use or
redressed in a civil action." otherwise informally appropriated or injuriously
affected.
5. Utilization of the property must be in such a way The principle of necessity drives the government to
as to oust the owner and deprive him of collect revenues for its existence and survival. No state
beneficial enjoyment of the property. can survive without taxes.
WHEN DOES PUBLIC USE JUSTIFY THE TAKING OF The principle of benefits compels the state to render
PRIVATE PROPERTY? basic services and public welfare benefits to all citizens
or persons including those who have not paid their
The taking to be valid must be for public use. Whatever
enforced contributions.
project is undertaken must be for the public to enjoy. It
is accurate to state then that at present whatever may WHAT IS DOUBLE TAXATION?
be beneficially employed for the general welfare
When additional taxes are laid on the same taxing
satisfies the requirement of public use.
jurisdiction for the same purpose and during the same
taxing period the second imposition would be
considered double taxation.
DEFINE POWER OF TAXATION
WHAT IS THE DOCTRINE OF BENEVOLENT NEUTRALITY?
Taxation is the inherent plenary power of the state by
which it raises revenues for its expenses for public It allows accommodation of religion under certain
welfare and the delivery of basic services to the people. circumstances. The government may take religion into
account, to exempt, when possible, from generally
EXPLAIN THE PRINCIPLE OF UNIFORMITY IN TAXATION
applicable governmental regulation individuals whose
Uniformity of taxation, like the kindred concept of equal religious beliefs and practices would otherwise thereby
protection, merely requires that all subjects or objects of be infringed, or create without state involvement an
taxation, similarly situated, are to be treated alike both atmosphere in which voluntary religious exercise may
in privileges and liabilities flourish.
Uniformity in taxation implies that all taxable articles or REQUISITES OF JUDICIAL REVIEW?
properties of the same class shall be taxed at the same
(a) there must be an actual case or controversy
rate.
(“justiciable controversy”) calling for the
The concept of equity in taxation requires that such exercise of judicial power;
apportionments be more or less just in the light of the
(b) the person challenging the act must have the
taxpayer’s ability to shoulder the tax burden.
standing (“locus standi”) to question the validity
WHAT ARE THE TWO TYPES OF TAKING? of the subject act or issuance;
There are two different types of taking that can be (c) the question of constitutionality must be raised
identified. at the earliest opportunity; and
A "possessory" taking occurs when the government (d) the issue of constitutionality must be the very lis
confiscates or physically occupies property. mota of the case.
A "regulatory" taking occurs when the government's An ACTUAL CASE OR CONTROVERSY means an existing
regulation leaves no reasonable economically viable use case or controversy that is appropriate or ripe for
of the property. determination, not conjectural or anticipatory, lest the
decision of the court would amount to an advisory
opinion. The power does not extend to hypothetical
WHAT ARE THE PRINCIPLES BEHIND THE POWER TO questions since any attempt at abstraction could only
TAX? lead to dialectics and barren legal questions and to
sterile conclusions unrelated to actualities.
They are the principle of necessity and the principle of
benefits. LOCUS STANDI or legal standing is defined as a personal
and substantial interest in a case such that the party has
sustained or will sustain direct injury as a result of the
challenged governmental act. It requires a personal be substantive, “extremely serious and the
stake in the outcome of the controversy as to assure the degree of imminence extremely high.”
concrete adverseness which sharpens the presentation
CONTENT NEUTRAL VS CONTENT BASED;
of issues upon which the court so largely depends for
illumination of difficult constitutional questions. A distinction has to be made whether the restraint is (1)
a content-neutral regulation, i.e., merely concerned with
WHAT IS THE AS APPLIED CHALLENGE?
the incidents of the speech, or one that merely controls
(PROHIBITION AGAINST THIRD PARTY
the time, place or manner, and under well-defined
STANDING)
standards; or (2) a content-based restraint or censorship,
the "as applied challenge" embodies the rule
i.e., the restriction is based on the subject matter of the
that one can challenge the constitutionality of a
utterance or speech.
statute only if he asserts a violation of his own
rights. The rule prohibits one from challenging WHAT IS CONCEPT OF PRIOR RESTRAINT?
the constitutionality of the statute grounded on
a violation of the rights of third persons not Prior restraint refers to official governmental restrictions
before the court. on the press or other forms of expression in advance of
actual publication or dissemination.
MEMORIZE: Section 4. No law shall be passed abridging
WHAT IS THE OPEN JUSTICE PRINCIPLE?
the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and It is justified on the ground that if the determination of
petition the government for redress of grievances. justice cannot be hidden from the public, this will
EXPLAIN THE CONSTITUTIONAL GUARANTEE OF FREE provide: (1) a safeguard against judicial arbitrariness or
idiosyncrasy, and (2) the maintenance of the public’s
SPEECH/EXPRESSION AND OF THE PRESS;
confidence in the administration of justice.
The constitutional guarantee of freedom of expression
means that "the government has no power to restrict WHAT IS GRAVE BUT IMPROBABLE DANGER RULE?
expression because of its message, its ideas, its subject For an impediment on free expression to be permissible,
matter, or its content." the gravity of the evil, discounted by its improbability of
WHAT ARE THE TEST TO EVALUATE THE RESTRAINTS OF coming about, must sufficiently outweigh the invasion of
free speech necessary to avoid the danger.
FREEDOM OF EXPRESSION?
(a) the dangerous tendency doctrine which permits WHAT IS THE CAPTIVE AUDIENCE DOCTRINE?
limitations on speech once a rational connection states that when a listener cannot, as a practical matter,
has been established between the speech escape from intrusive speech, the speech can be
restrained and the danger contemplated; restricted. It recognizes the right not to be exposed to an
unwanted message in circumstances in which the
(b) the balancing of interests tests, used as a
communication cannot be avoided.
standard when courts need to balance
conflicting social values and individual interests, WHAT IS THE DOCTRINE OF FAIR COMMENT?
and requires a conscious and detailed
consideration of the interplay of interests The doctrine of fair comment means that while in
observable in a given situation of type of general every discreditable imputation publicly made is
situation; and deemed false, because every man is presumed innocent
until his guilt is judicially proved, and every false
(c) the clear and present danger rule which rests on imputation is deemed, malicious, nevertheless, when the
the premise that speech may be restrained discreditable imputation is directed against a public
because there is substantial danger that the person in his public capacity, it is not necessarily
speech will likely lead to an evil the government actionable. In order that such discreditable imputation to
has a right to prevent. This rule requires that the a public official may be actionable, it must either be a
evil consequences sought to be prevented must false allegation of fact or a comment based on a false
supposition. If the comment is an expression of opinion,
based on established facts, then it is immaterial that the convene in accordance with its rules without any need of
opinion happens to be mistaken, as long as it might a call.
reasonably be inferred from the facts. BORJAL VS CA
The Supreme Court may review, in an appropriate
WHAT IS THE SUB JUDICE RULE? proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
The sub judice rule restricts comments and disclosures
suspension of the privilege of the writ or the extension
pertaining to the judicial proceedings in order to avoid
thereof, and must promulgate its decision thereon
prejudging the issue, influencing the court, or
within thirty days from its filing.
obstructing the administration of justice.
A state of martial law does not suspend the operation of
EXPLAIN FREEDOM OF ASSEMBLY;
the Constitution, nor supplant the functioning of the civil
Freedom of assembly connotes the right of the people to courts or legislative assemblies, nor authorize the
meet peaceably for consultation and discussion of conferment of jurisdiction on military courts and
matters of public concern. It is entitled to be accorded agencies over civilians where civil courts are able to
the utmost deference and respect. It is not to be limited, function, nor automatically suspend the privilege of the
much less denied, except on a showing, as is the case writ.
with freedom of expression, of a clear and present
The suspension of the privilege of the writ shall apply
danger of a substantive evil that the state has a right to
only to persons judicially charged for rebellion or
prevent.
offenses inherent in or directly connected with the
invasion.
MEMORIZE: ART3 Section 15. The privilege of the writ of During the suspension of the privilege of the writ, any
habeas corpus shall not be suspended except in cases of person thus arrested or detained shall be judicially
invasion or rebellion when the public safety requires it. charged within three days, otherwise he shall be
released.
READ: ART7 SECTION 18. The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may
DEFINE WRIT OF HABEAS CORPUS
call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or It is an order directed to the person detaining another
rebellion, when the public safety requires it, he may, for commanding him to produce the body of the prisoner at
a period not exceeding sixty days, suspend the privilege a designated time and place with the day and cause of
of the writ of habeas corpus or place the Philippines or his capture and detention to do, to submit to, and
any part thereof under martial law. Within forty-eight receive whatever the court or judge awarding the writ
hours from the proclamation of martial law or the shall consider in his behalf.
suspension of the privilege of the writ of habeas corpus,
Simplified: The person detaining is ordered to bring the
the President shall submit a report in person or in writing
latter to the court which may release the detainee if the
to the Congress. The Congress, voting jointly, by a vote
detention is without cause.
of at least a majority of all its Members in regular or
special session, may revoke such proclamation or CAN THE WRIT BE ISSUED IF THE DETENTION IS LEGAL
suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the NO. The most basic criterion for the issuance of the writ,
Congress may, in the same manner, extend such is that the individual seeking such relief is illegally
proclamation or suspension for a period to be deprived of his freedom of movement or placed under
determined by the Congress, if the invasion or rebellion some form of illegal restraint. If an individuals liberty is
shall persist and public safety requires it. restrained via some legal process, the writ of habeas
corpus is unavailing.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, WHAT IS A JUDICIAL PROCESS
A judicial process is defined as a writ, warrant, subpoena, "EXTRALEGAL KILLINGS" are "killings committed without
or other formal writing issued by authority of law; also, due process of law, i.e., without legal safeguards or
the means of accomplishing an end, including judicial judicial proceedings." On the other hand, "ENFORCED
proceedings, or all writs, warrants, summonses DISAPPEARANCES" are "attended by the following
and orders of courts of justice or judicial officers. It is characteristics: an arrest, detention or abduction of a
likewise held to include a writ, summons or order issued person by a government official or organized groupsor
in a judicial proceeding to acquire jurisdiction of a person private individuals acting with the direct or indirect
or his property, to expedite the cause or enforce the acquiescence of the government; the refusal of the State
judgment, or a writ, warrant, mandate or other process to disclose the fate or whereabouts of the person
issuing from a court of justice. A commitment order and concerned or a refusal to acknowledge the deprivation
a warrant of arrest are but species of judicial process. of liberty which places such persons outside the
protection of law.
SCOPE OF THE WRIT OF HABEAS CORPUS
MEMORIZE: ART3 Section 6. The liberty of abode and of
The writ of habeas corpus extends to all cases of illegal
changing the same within the limits prescribed by law
confinement or detention by which any person is
shall not be impaired except upon lawful order of the
deprived of his liberty or by which the rightful custody of
court. Neither shall the right to travel be impaired except
a person is being withheld from the one entitled
in the interest of national security, public safety, or
thereto. It is issued when one is either deprived of liberty
public health, as may be provided by law.
or is wrongfully being prevented from exercising legal
custody over another person. Thus, it contemplates two WHAT ARE GUARANTEED BY THE LIBERTY OF ABODE
instances: (1) deprivation of a person’s liberty either DOCTRINE
through illegal confinement or through detention and (2)
It guarantees the freedom to choose and change one’s
withholding of the custody of any person from someone
abode and the freedom to travel within the country and
entitled to such custody.
outside.
WRIT OF AMPARO
IS BAIL A VALID RESTRICTION OF THE RIGHT TO TRAVEL?
The privilege of the writ of amparo is a remedy available
YES. Bail is a valid restriction of the right to travel because
to victims of extra-judicial killings and enforced
if the accused were allowed to leave the Philippines
disappearances or threats of a similar nature, regardless
without sufficient reason, he may be placed beyond the
of whether the perpetrator of the unlawful act or
reach of the court. The condition imposed on the
omission is a public official or employee or a private
accused is to make himself available at all times
individual. It is envisioned basically to protect and
whenever the court requires his presence. (Manotoc vs
guarantee the right to life, liberty and security of
CA)
persons, free from fears and threats that vitiate the
quality of life. IS THE RIGHT TO TRAVEL ABSOLUTE?
The difference between habeas corpus and amparo is NO. The exercise of one’s right to travel or the freedom
that habeas corpus is designed to enforce the right to to move from one place to another, as assured by the
freedom of the person, whereas amparo is designed to Constitution, is not absolute. There are constitutional,
protect those other fundamental human rights statutory and inherent limitations regulating the right to
enshrined in the Constitution but not covered by travel. Section 6 itself provides that "neither shall the
the writ of habeas corpus right to travel be impaired except in the interest of
national security, public safety or public health, as may
DIFF EXTRALEGAL KILLINGS AND ENFORCED
be provided by law." (LEAGUE DIVISION VS HEUSDENS)
DISAPPEARANCES
Some of these statutory limitations are the following:
The Amparo Rule was intended to address the
intractable problem of "extralegal killings" and "enforced 1] The Human Security Act of 2010 or Republic Act (R.A.)
disappearances," its coverage, in its present form, is No. 9372. The law restricts the right to travel of an
confined to these two instances or to threats thereof.
individual charged with the crime of terrorism even against him. Secret detention places, solitary,
though such person is out on bail. incommunicado, or other similar forms of detention are
prohibited.
2] The Philippine Passport Act of 1996 or R.A. No. 8239.
Pursuant to said law, the Secretary of Foreign Affairs or (3) Any confession or admission obtained in violation of
his authorized consular officer may refuse the issuance this or Section 17 hereof shall be inadmissible in
of, restrict the use of, or withdraw, a passport of a evidence against him.
Filipino citizen.
(4) The law shall provide for penal and civil sanctions for
3] The "Anti- Trafficking in Persons Act of 2003" or R.A. violations of this section as well as compensation to and
No. 9208. Pursuant to the provisions thereof, the Bureau rehabilitation of victims of torture or similar practices,
of Immigration, in order to manage migration and curb and their families.
trafficking in persons, issued Memorandum Order Radjr
SECTION 19.
No. 2011-011,12 allowing its Travel Control and
Enforcement Unit to "offload passengers with fraudulent (1) Excessive fines shall not be imposed, nor cruel,
travel documents, doubtful purpose of travel, including degrading or inhuman punishment inflicted. Neither
possible victims of human trafficking" from our ports. shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
4] The Migrant Workers and Overseas Filipinos Act of
Congress hereafter provides for it. Any death penalty
1995 or R. A. No. 8042, as amended by R.A. No. 10022. In
already imposed shall be reduced to reclusion perpetua.
enforcement of said law, the Philippine Overseas
Employment Administration (POEA) may refuse to issue (2) The employment of physical, psychological, or
deployment permit to a specific country that effectively degrading punishment against any prisoner or detainee
prevents our migrant workers to enter such country. or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
5] The Act on Violence against Women and Children or
R.A. No. 9262. The law restricts movement of an IS THE DEATH PENALTY VIOLATIVE OF SEC 19?
individual against whom the protection order is
intended. NO. Punishments are cruel when they involve torture or
a lingering death, but the punishment of death is not
6] Inter-Country Adoption Act of 1995 or R.A. No. 8043. cruel, within the meaning of that word as used in the
Pursuant thereto, the Inter-Country Adoption Board may constitution. It implies there something inhuman and
issue rules restrictive of an adoptee’s right to travel "to barbarous, something more than the mere
protect the Filipino child from abuse, exploitation, extinguishment of life.—Now it is well-settled in
trafficking and/or sale or any other practice in jurisprudence that the death penalty per se is not a cruel,
connection with adoption which is harmful, detrimental, degrading or inhuman punishment. Echegaray vs.
or prejudicial to the child." Secretary of Justice
Section 18. (1) No person shall be detained solely by WHAT IS A SEARCH WARRANT?
reason of his political beliefs and aspirations.
A search warrant is an order in writing issued in the name
Section 20. No person shall be imprisoned for debt or of the People of the Philippines, signed by a judge and
non-payment of a poll tax. directed to a peace officer, commanding him to search
for personal property described therein and bring it
WHAT IS THE RATIONALE OF SEC 18?
before the court. RULE 126 SEC 1
Every person has his own conscience, and this conscience
MAY THERE BE A SEARCH AFTER A LAWFUL ARREST?
whether that of a rich or poor man or that mighty, should
not be curtailed or restrained except when they are A person lawfully arrested may be searched for
translated into action and appears to be contrary to law dangerous weapons or anything which may have been
morals or public order. used or constitute proof in the commission of an offense
without a search warrant. RULE 126 SEC 13
WHAT IS PERTAINED TO AS “DEBT” in section 20?
WHAT IS PROBABLE CAUSE?
According to the supreme court, non-imprisonment for
debt in section 20 were intended to prevent Probable cause for an arrest or for the issuance of a
commitment of debtors to prison for liabilities arising warrant of arrest has been defined as such facts and
from actions ex contractu and not for damages arising ex circumstances which would lead a reasonable discreet
delicto. and prudent man to believe that an offense has been
committed by the person sought to be arrested. ALLADO
WHAT IS THE REASON?
VS DIOKNO
DEFINE ARREST; A peace officer or a private person may, without a
warrant, arrest a person:
An arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of (a) When, in his presence, the person to be arrested has
an offense, and it is made by an actual restraint of the committed, is actually committing, or is attempting to
person to be arrested, or by his submission to the commit an offense;
custody of the person making the arrest. PEOPLE VS
(b) When an offense has just been committed, and he
SEQUINO
has probable cause to believe based on personal
IS PHYSICAL RESTRAINT REQUIRED IN ARREST? knowledge of facts or circumstances that the person to
be arrested has committed it; and
NO. Application of actual force, manual touching of the
body, physical restraint or a formal declaration of arrest (c) When the person to be arrested is a prisoner who has
is not, required. It is enough that there be an intent on escaped from a penal establishment or place where he is
the part of one of the parties to arrest the other and an serving final judgment or is temporarily confined while
intent on the part of the other to submit, under the belief his case is pending, or has escaped while being
and impression that submission is necessary. SANCHEZ transferred from one confinement to another.
VS DEMETRIOU
WHY IS WARRANTLESS ARREST ALLOWED?
WHAT ARE THE REQUISITES FOR A VALID SEARCH
The rationale behind lawful arrests, without warrant,
WARRANT OR WARRANT OF ARREST?
was stated by this Court in the case of People vs. Kagui
a. It must be issued upon probable cause Malasugui thus: “To hold that no criminal can, in any
b. The probable cause must be determined case, be arrested and searched for the evidence and
personally by the judge tokens of his crime without a warrant, would be to leave
c. In determination of the probable cause, the society, to a large extent, at the mercy of the shrewdest,
judge must examine under oath the complainant the most expert, and the most depraved of criminals,
and the witnesses facilitating their escape in many instances. Umil vs.
d. The warrant must particularly describe the place Ramos
to be searched and the persons or things to be
seized.
DIFFERENTIATE PROBABLE CAUSE FOR WARRANT OF
WHAT IS A GENERAL WARRANT?
ARREST AND FOR SEARCH WARRANT;
A general warrant is a void search warrant for it does not
Probable cause for the issuance of a warrant of arrest is
particularly describe either the place to be searched or
the existence of such facts and circumstances that would
the things to be seized.
lead a reasonably discreet and prudent person to
WHAT IS THE EXCLUSIONARY RULE? believethat an offense was committed by the person
sought to be arrested.
A search and seizure must be carried out through or on
the strength of a judicial warrant absent such , the search Probable cause for warrant of arrest is determined to
and seizure becomes unreasonable and the evidences address the necessity of placing the accused under
secured would be inadmissible as evidence for any custody in order not to frustrate the ends of justice. HAO
purpose in any proceeding. VS PEOPLE OF THE PHILIPPINES
The judicial determination of probable cause, on the WHAT ARE EXAMPLES OF REASONABLE WARRANTLESS
other hand, is one made by the judge to ascertain SEARCHES?
whether a warrant of arrest should be issued against
The known jurisprudential instances of reasonable
the accused. The judge must satisfy himself that based
warrantless searches and seizures are:
on the evidence submitted, there is necessity for placing
the accused under custody in order not to frustrate the 1. Warrantless search incidental to a lawful arrest.
ends of justice.
2. Seizure of evidence in "plain view,"
IS THE RULE THAT THE JUDGE SHOULD PERSONALLY
EXAMINE THE COMPLAINANT AND THE WITNESSES 3. Search of a moving vehicle. Highly regulated by the
ABSOLUTE OR MANDATORY? government, the vehicle’s inherent mobility reduces
expectation of privacy especially when its transit in
NO. The judge does not have to personally examine the public thoroughfares furnishes a highly reasonable
complainant and the witnesses. The prosecutor can suspicion amounting to probable cause that the
perform the same functions as the commissioner for the occupant committed a criminal activity;
taking of evidence. However, there should be a report
and necessary documents supporting the Fiscal’s bare 4. Consentedwarrantless search;
certification. LIM VS FELIX 5. Customs search;
In making the required personal determination, a Judge 6. Stop and frisk; and
is not precluded from relying on the evidence earlier
gathered by responsible officers. The extent of the 7. Exigent and emergency circumstances.
WHAT IS THE INEVITABLE DISCOVERY DOCTRINE? to indicate clearly the proper person upon whom the
warrant is to be served. People vs. Veloso
Information obtained illegally is not absolutely
inadmissible under the fruit of the poisonous tree WHEN CAN A JOHN DOE WARRANT BE CONSIDERED AS
doctrine where it is shown that such evidence would A GENERAL WARRANT?
have been inevitably gained or discovered even without
as said warrant is issued against fifty (50) “John Does”
the unlawful act. PEOPLE VS ALICANDO
not one of whom the witnesses to the complaint could
ARE CHECK POINTS VIOLATIVE OF THE RIGHT TO or would identify, it is of the nature of a general warrant,
UNREASONABLE SEARCH AND SEIZURE? one of a class of writs long proscribed as unconstitutional
and once anathematized as “totally subversive of the
NO Routine inspections are not regarded as violative of
liberty of the subject.” Clearly violative of the
an individual's right against unreasonable search. The
constitutional injunction that warrants of arrest should
search which is normally permissible in this instance is
particularly describe the person or persons to be seized,
limited to the following instances: (1) where the officer
the warrant must, as regards its unidentified subjects, be
merely draws aside the curtain of a vacant vehicle which
voided. Pangandaman vs. Casar
is parked on the public fair grounds; (2) simply looks into
a vehicle; (3) flashes a light therein without opening the WHAT IS THE FRUIT OF THE POISONOUS TREE
car's doors; (4) where the occupants are not subjected to DOCTRINE?
a physical or body search; (5) where the inspection of the
The rule is settled that once the primary source (the
vehicles is limited to a visual search or visual
“tree”) is shown to have been unlawfully obtained, any
inspection; and (6) where the routine check is conducted
secondary or derivative evidence (the “fruit”) derived
in a fixed area. CABALLES VS CA
from it is also inadmissible. People vs. Sequiño
WHAT IS THE PLAIN VIEW DOCTRINE?
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
WHEN CAN IT BE SAID THAT THERE IS A REASONABLE
rehabilitation of victims of torture or similar practices,
GROUND FOR SUSPICION IN A WARRANTLESS ARREST?
and their families.
The grounds of suspicion are reasonable when, in the
absence of actual belief of the arresting officers, the
suspicion that the person to be arrested is probably
WHAT ARE THE MIRANDA RIGHTS?
guilty of committing the offense, is based on actual facts,
i.e., supported by circumstances sufficiently strong in 1. The person must be informed in clear and
themselves to create the probable cause of guilt of the unequivocal terms that he has the right to
person to be arrested. A reasonable suspicion therefore remain silent.
must be founded on probable cause, coupled with good 2. He must be informed that anything he says can
faith on the part of the peace officers making the arrest. and will be used against him.
Umil vs. Ramos 3. He must be informed of his right to consult with
a lawyer.
RIGHT TO CRIMINAL DUE PROCESS WAIVED
4. He must be informed that if he is indigent a
The settled rule is that when an accused pleads to the lawyer will be appointed to represent him.
charge, he is deemed to have waived the right to 5. Even if the person consents to answer questions
preliminary investigation and the right to question any without the assistance of counsel, the moment
irregularity that surrounds it. Cruz vs. People he asks for a lawyer at any point during the
investigation the interrogation must cease until
Once an accused escapes from prison or confinement or
his attorney is present.
jumps bail or flees to a foreign country, he loses his
6. If the foregoing protections are not
standing in court and unless he surrenders or submits to
demonstrated no evidence as a result of the
the jurisdiction of the court he is deemed to have waived
investigation can be used against him.
any right to seek relief from the court. People vs. Taruc
MAY ALL THIS RIGHTS BE WAIVED?
An accused, by entering his plea, and actively
participating in the trial, is deemed to have waived his NO. Only the right to remain silent and to be assisted by
right to preliminary investigation. Villarin vs. People counsel can be waived, and in case they are waived the
waiver must be in WRITING and in the PRESENCE of
counsel. PEOPLE VS CONTINENTE
MEMORIZE: SECTION 12. (1) Any person under
WHAT IS THE MEANING OF THE RIGHT TO REMAIN
investigation for the commission of an offense shall have
SILENT?
the RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN
SILENT AND TO HAVE COMPETENT AND INDEPENDENT A person under investigation has the right to refuse to
COUNSEL PREFERABLY OF HIS OWN CHOICE. If the answer any question. More than this, his silence may not
person cannot afford the services of counsel, he must be be used against him.
provided with one. These rights cannot be waived except
WHAT IS THE MEANING OF THE RIGHT TO COUNSEL?
in writing and in the presence of counsel.
The right of a person under investigation is to have
(2) No torture, force, violence, threat, intimidation, or
competent and independent counsel preferably of his
any other means which vitiate the free will shall be used
own choice. The purpose of the right to counsel during
against him. Secret detention places, solitary,
custodial investigation is to preclude the slightest
incommunicado, or other similar forms of detention are
coercion as would lead the accused to admit something
prohibited.
else.
CAN THIS RIGHTS BE INVOKED BEFORE CUSTODIAL something less than a confession, and is but an
INVESTIGATION? acknowledgment of some fact or circumstance which in
itself is insufficient to authorize a conviction and which
NO. The rights exist only during custodial investigation.
tends only to establish the ultimate fact of guilt.
WHAT IS CUSTODIAL INVESTIGATION?
WHAT ARE THE TWO KINDS OF INVOLUNTARY
Custodial investigation refers to any questioning CONFESSION?
initiated by law enforcement officers after a person has
There are two kinds of involuntary or coerced
been taken into custody or otherwise deprived of his
freedom of action in any significant way. This confessions treated in this constitutional provision: (1)
presupposes that he is suspected of having committed a those which are the product of third degree methods
crime and that the investigator is trying to elicit such as torture, force, violence, threat, intimidation,
information or a confession from him. PEOPLE v. which are dealt with in paragraph 2 of 12, and (2) those
RODOLFO OMILIG which are given without the benefit of Miranda
warnings, which are the subject of paragraph 1 of the
Custodial investigation refers to the critical pre-trial
same 12.
stage when the investigation is no longer a general
inquiry into an unsolved crime but has begun to focus on
a particular person as a suspect. PEOPLE VS RODRIGUEZ