CONSTI 2 CRAM REVIEWER 
Must be germane to the purpose of the law
Section 1: No person shall be deprived of life, liberty or property without due process
of law, nor shall any person be denied the equal protection of the laws.
Void for vagueness – lacks comprehensible standard that men of “common
intelligence must necessarily guess at its meaning and differ as to its application.
overbreadth – overly broad law that punishes constitutionally protected speech
valid exercise of police power – must be for the interest of the general public; the
means are reasonably necessary and not unduly oppressive
Essential requirements of procedural due process in courts: (C-L-O-H)
1. There must be a court or tribunal clothed with judicial power to hear and
determine the matter before it
2. The jurisdiction must be lawfully acquired over the person of the defendant
or over the property which is the subject of the proceedings
3. The defendant must be given an opportunity to be heard
4. The judgement must be rendered upon lawful hearing.
Essential requirements of procedural due process in administrative agencies:
(N-O-T-F)
1. Right to actual or constructive notice of the institution of proceedings which
may affect a respondent’s legal rights
2. A real opportunity to be heard personally or with the assistance of counsel
3. A tribunal vested with competent jurisdiction
4. A finding by said tribunal which is supported by substantial evidence
Valid city ordinance:
(1) must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive;
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public policy;
(6) must not be unreasonable.
Invalid city ordinance (People v Fajardo)
1. It fails to state any policy to guide or limit mayor’s discretion
2. It expresses no purpose to be attained by requiring permit
3. Enumerates no condition for its grant or refusal
4. Lacks standards, conferring upon the mayor arbitrary and unrestricted
powers.
When Classification (under EPL) is Valid: (S-G-L-A)
1. Must rest on substantial distinctions
2.
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
TESTS FOR VALID CLASSIFICATION
a) rational basis test - the challenged classification needs only be shown to be
rationally related to serving a legitimate state interest (seditious speech, contempt
cases in the SC)
b) intermediate scrutiny - the government must show that the challenged
classification serves an important state interest and that the classification is at least
substantially related to serving that interest.
c) strict judicial scrutiny - a legislative classification which impermissibly interferes
with the exercise of a fundamental right or operates to the peculiar disadvantage of a
suspect class is presumed unconstitutional, and the burden is upon the government to
prove that the classification is necessary to achieve a compelling state interest and that
it is the least restrictive means to protect such interest. (primary rights)
writ of habeas corpus – writ directed to a person detaining another, commanding him
to produce the body of the prisoner; involves the right to liberty and extends to cases
of illegal confinement or detention by which any person is deprived of his liberty.
writ of Amparo - remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
Writ of habeas data – remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act of any official or
employee, or of a private individual or entity engaged in the gathering, collecting or
storing of data or information.
Section 2: The Right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Checkpoints
- Must be warranted by the exigencies of public order
- Limited to a visual search, routine checks consisting of a “brief question or
2” (Valmonte v. De Villa)
 - Must be conducted in a way that is least intrusive to motorists
- Not violative as long as the vehicle is neither searched nor its occupants
subjected to a body search. (People v. Veloso)
Determination of Probable Cause
- Probable cause – the existence of such facts and circumstances which could
lead a reasonably discreet and prudent man to believe that an offense has been
committed
Particularity of Description
5 exceptions to the warrant requirement + probable cause:
1. Search incidental to an arrest
a. Limited to the place of the arrest (i.e. officer can’t go inside the
arrested person’s house to search it even if the arrest was made on
the house steps)
2. Search of a moving vehicle
a. Reason: not practicable to secure a warrant because it’s moving duh;
parked car, not included.
b. A police checkpoint can also be the occasion for a search of a
moving vehicle (People v. Malmstedt)
c. However, mere mobility does not give police officers unlimited
discretion to conduct indiscriminate searches without warrants.
There must always be probable cause.
d. Stop-and-search – not violative as long as it is warranted by the
exigencies of public order and conducted in a way least intrusive to
motorists.
3. Seizure of evidence in plain view
a. Must be inadvertent
b. Seizure of malum prohibitum requires a warrant unless it is truly
stumbled upon. (Roan v. Gonzales)
4. Custom searches
a. Customs officers/border officers may search incoming persons and
goods to look for either goods concealed to avoid duties or other
illegal materials.
5. Where there is a waiver of right
a. May be made expressly or impliedly
6. (plus exigent circumstances; stop and frisk)
 exigent circumstance – reasonable ground to believe that a crime was being
committed, sufficient probable cause to warrant action, no opportunity to
apply for and secure a search warrant from the courts.
 Stop and frisk – “where a police officer observes unusual conduct which leads
him to reasonably conclude in light of his experience that criminal activity
may be afoot and that the person with whom he is dealing may be armed and
presently dangerous…” (Terry v. Ohio)
o Serves a two-fold interest:
 The general interest of effective crime prevention and
detection
 The interest of safety and self-preservation of the police
officer
 People v. Mengote – looking side to side and holding the abdomen does not
constitute probable cause.
Arrests with warrant
 both search warrants and warrants of arrest must satisfy the same
requirements ass to probably cause and the manner of its determination.
Warrantless Arrest
Sec. 5 (Rule 113 Rules of Court) -
Arrest without a warrant, when lawful:
a) When, in his presence, the person to be arrested has committed, is actually
committing, or attempting to commit an offense;
b) When an offense has in fact ben committed, and he has personal knowledge
of facts indicating that the person to be arrested has committed it
c) When the person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another
 Continuing crimes – rebellion, conspiracy and proposal to commit rebellion.
 a police officer who learns about the recent commission of the crime merely
from a report does not possess the “personal knowledge” needed to justify a
warrantless arrest
 an arrest made nineteen hours after the offense has been committed cannot be
of one whose crim “in fact has hust been committed.” (exception: when the
police was in a continuous pursuit)
 if a person enters a plea without having challenged the validity of his arrest,
he is deemed to have waived his right
Section 3: (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise
as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Sec. 4: No Law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.
How does prior restraint escape unconstitutionality:
 1. burden must rest on the censor
2. the requirement cannot be administered in a manner which would lend an
effect of finality to the censor’s determination
3. the exhibitor must be assured, by statute or authoritative judicial construction,
that the censor will, within a specified brief period, either issue a license or
go to court to restrain showing the film.
4. The procedure must assure a prompt judicial decision, to minimize the
deterrent effect of an interim and possibly erroneous denial of a license.
O’brien test – government regulation on speech is sufficiently justified if: (C-S-U-E)
1. It is within the constitutional power of the government
2. It furthers an important or substantial government interest
3. The governmental interest is unrelated to the suppression of free expression
4. The incident restriction on alleged First Amendment freedoms is no greater
than is essential to the furtherance of that interest.
Dangerous tendency rule – if the words or utterances create a dangerous tendency
which the state has a right to prevent, then such words are punishable. (seditious
language, contempt cases in the SC)
Clear and present danger rule – there is a substantive evil that the State has a right
to be prevented. It is a question of proximity and degree. (contempt in lower courts,
rebellious speech)
Balancing of interest test – when there are two or more competing interests and there
is no evil or danger involved.
Regulation of Commercial speech may be allowed if they fulfill the Hudson Test:
(SDE)
1. The governmental interest sought to be served by the regulation must be
substantial.
2. the regulation must directly advance the government’s interest.
3. The regulation must not be more extensive than is necessary to protect the
state interest.
Libel – a public or malicious imputation of a crime, vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit or contempt of a person or to blacken the memory of one who is dead.
Elements of libel: (A-P-I-M)
1. Allegation of a discreditable act or condition concerning another
2. Publication of the charge
3. Identity of the person defamed
4. Existence of malice
Academic Freedom:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
As corporate entities, educational institutions of higher learning are inherently
endowed with the right to establish their policies, academic and otherwise,
unhampered by external controls or pressure.
Miller test (for Obscenity)
1. The dominant theme of the material taken as a whole appeals to a prurient
interest in sex (when the average person applying contemporary community
standards, the dominant theme of the work
2. The material is patently offensive because it affronts contemporary
community standards relating to the description or representation of sexual
matters
3. The material lacks serious literary, artistic, political or social value
What can prevent a person from exercising his religion? – compelling state interest
and the exercise of police power
Section 5: No law shall be made respecting an establishment of religion or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of the civil or political rights.
Sherbert Test / Compelling State Interest Test (validity of state intrusion with the
free exercise of religion) (B-S-CSI-R)
1. The court must first determine whether an individual’s right to religious
freedom has been burdened.
2. The court must determine whether an individual’s religious belief in the
matter is sincere and its centrality in his faith
3. If the first 2 inquiries prove positive, then the Court must require the State to
demonstrate a Compelling State Interest in pursuing the interference or
intrusion.
4. If such interest exists, then the State must prove that its chose course of action
is the least restrictive or least burdensome to the individual’s religious
freedom.
Lemon Test (w/n a statute violates the 1st Amendment) (SNE)
1. statute must have a secular legislative purpose
2. the principal or primary effect must be one that neither advances nor inhibits
religion
3. the statute must not foster an excessive entanglement with religion
Benevolent neutrality - recognizes that government must pursue its secular goals and
interests, but at the same time, strive to uphold religious liberty to the greatest extent
possible within flexible constitutional limits. Thus, although the morality
contemplated by laws is secular, benevolent neutrality could allow for accommodation
of morality based on religion, provided it does not offend compelling state interest.
Section 6: The liberty of abode and of changing the same without the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health as may be provided by law.
Section 7: The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.
Limitations to the exercise of the right to information and state policy of public
disclosure:
1. National security matters
2. Trade secrets and banking transactions
3. Criminal matters
4. Other confidential matters.
Section 8: The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.
 gov’t employees have a right to form unions but they do not have a
constitutional right to strike.
 SSS employees and public school teachers do not have the right to strike.
Section 9: Private property shall not be taken for public use without just compensation
Requisites for the valid exercise of the power of eminent domain (PGUJD)
1. The property taken must be private property
2. There must be genuine necessity to take the private property
3. The taking must be for public use
4. There must be payment of just compensation
5. The taking must comply with due process of law
Elements of Taking
1) the expropriator must enter a private property;
(2) the entrance into private property must be for more than a momentary period;
(3) the entry into the property should be under warrant or color of legal authority;
(4) the property must be devoted to a public use or otherwise informally appropriated
or injuriously affected; and
(5) the utilization of the property for public use must be in such a way as to oust the
owner and deprive him of all beneficial enjoyment of the property.
Just compensation – just and complete equivalent of the loss which the owner of the
thing expropriated has to suffer by reason of the expropriation.
Section 10: No law impairing the obligation of contracts shall be passed.
Section 2: The Right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Checkpoints
- Must be warranted by the exigencies of public order
- Limited to a visual search, routine checks consisting of a “brief question or
2” (Valmonte v. De Villa)
- Must be conducted in a way that is least intrusive to motorists
- Not violative as long as the vehicle is neither searched nor its occupants
subjected to a body search. (People v. Veloso)
Determination of Probable Cause
- Probable cause – the existence of such facts and circumstances which could
lead a reasonably discreet and prudent man to believe that an offense has been
committed
Particularity of Description
5 exceptions to the warrant requirement + probable cause:
6. Search incidental to an arrest
a. Limited to the place of the arrest (i.e. officer can’t go inside the
arrested person’s house to search it even if the arrest was made on
the house steps)
7. Search of a moving vehicle
a. Reason: not practicable to secure a warrant because it’s moving duh;
parked car, not included.
b. A police checkpoint can also be the occasion for a search of a
moving vehicle (People v. Malmstedt)
c. However, mere mobility does not give police officers unlimited
discretion to conduct indiscriminate searches without warrants.
There must always be probable cause.
d. Stop-and-search – not violative as long as it is warranted by the
exigencies of public order and conducted in a way least intrusive to
motorists.
 8. Seizure of evidence in plain view
a. Must be inadvertent
b. Seizure of malum prohibitum requires a warrant unless it is truly
stumbled upon. (Roan v. Gonzales)
9. Custom searches
a. Customs officers/border officers may search incoming persons and
goods to look for either goods concealed to avoid duties or other
illegal materials.
10. Where there is a waiver of right
a. May be made expressly or impliedly
6. (plus exigent circumstances; stop and frisk)
 exigent circumstance – reasonable ground to believe that a crime was being
committed, sufficient probable cause to warrant action, no opportunity to
apply for and secure a search warrant from the courts.
 Stop and frisk – “where a police officer observes unusual conduct which leads
him to reasonably conclude in light of his experience that criminal activity
may be afoot and that the person with whom he is dealing may be armed and
presently dangerous…” (Terry v. Ohio)
o Serves a two-fold interest:
 The general interest of effective crime prevention and
detection
 The interest of safety and self-preservation of the police
officer
 People v. Mengote – looking side to side and holding the abdomen does not
constitute probable cause.
Arrests with warrant
 both search warrants and warrants of arrest must satisfy the same
requirements ass to probably cause and the manner of its determination.
Warrantless Arrest
Sec. 5 (Rule 113 Rules of Court) -
Arrest without a warrant, when lawful:
d) When, in his presence, the person to be arrested has committed, is actually
committing, or attempting to commit an offense;
e) When an offense has in fact ben committed, and he has personal knowledge
of facts indicating that the person to be arrested has committed it
f) When the person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another
 Continuing crimes – rebellion, conspiracy and proposal to commit rebellion.
 a police officer who learns about the recent commission of the crime merely
from a report does not possess the “personal knowledge” needed to justify a
warrantless arrest
 an arrest made nineteen hours after the offense has been committed cannot be
of one whose crim “in fact has hust been committed.” (exception: when the
police was in a continuous pursuit)
 if a person enters a plea without having challenged the validity of his arrest,
he is deemed to have waived his right
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 preferable 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 vitiate
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 Sec. 17 hereof shall
be inadmissible in evidence against him.
(4) the law shall provide for penal and civil sanctions for violations for this section as
well as compensation to and rehabilitation no f victims of torture or similar practices
and their families.
Rights of the accused under investigation:
1. right to remain silent
2. right to competent and independent counsel preferably of his own choice
3. right to be provided w/ counsel if he can’t afford one
4. the right to be informed of such rights.
Reason for the provision – the psychological if not physical atmosphere of custodial
investigations, in the absence of proper safeguards, is inherently coercive.
Custodial investigation – the rights begin to be available from the time when “the
investigation is no longer a general inquiry into an unsolved crime but has begun to
focus on a particular suspect, the suspect has been taken into police custody, the police
carry out a process of interrogations that lends itself to eliciting incriminating
statements.
Miranda rights:
a) The person in custody must be informed at the outset in clear and unequivocal
terms that he has a right to remain silent.
b) After being so informed, he must be told that anything he says can and will
be used against him in court.
c) He must be clearly informed that he has the right to consult with a lawyer and
to have the lawyer with him during the interrogation. He does not have to ask
 for a lawyer. The investigators should tell him that he has the right to counsel
at that point.
d) He should be warned that not only has he the right to consult with a lawyer
but also that if he is indigent, a lawyer will be appointed to represent him.
e) Even if the person consents to answer questions without the assistance of
counsel, the moment he asks for a lawyer at any point in the investigation,
the interrogation must cease until an attorney is present.
f) If the foregoing protections and warnings are not demonstrated during the
trial to have been observed by the prosecution, no evidence obtained as a
result of the interrogation can be used against him.
When does Sec 12 not apply?
- Administrative investigations conducted by admin officials
- Confessions or admissions made to a private individual
- Audits (audit examiner is not a law enforcement officer)
- Verbal admission made to a radio announcer who was not aprt of the
investigation
- Admission made to a mayor who is approached not as amayor but as
confidante
Rights of a person under investigation
1. the right to remain silent
2. the right to counsel
a. Examples of those who are not impartial counsel:
i. Special counsel
ii. Public/private prosecutor
iii. Counsel of the police
iv. Municipal attorney whose interest is adverse to that of the
accused
v. A mayor, unless the accused approaches him as counselor or
adviser
vi. A barangay captain
vii. Any other whose interest may be adverse to that of the accused
b. The right to counsel was a right to effective counsel from the first
moment of questioning and all throughout. Thus, were in the middle of
the investigation the lawyer had left to attend a wake and came back
when the accused had already signed his statement and affirmed that he
did it voluntarily, such statement is inadmissible. (People v. Lucero)
3. the right to be informed of such rights
a. The right of the person to be informed implies a correlative obligation on
the part of the police investigation to explain, and contemplates an
effective communication that results in understanding what is conveyed.
When does Section 12(1) rights end?
- The criminal process includes the investigation prior to the filing of charges,
the preliminary examination and investigation after charges are filed, and the
period of trial.
- Investigation contemplated does not include judicial and quasi-judicial
investigations such as those conducted by the fiscal or by the judge.
- After charges are filed, the police might still attempt to extract confessions or
admissions from the accused outside of judicial supervision. In such situation,
Sec. 12(1) would still apply. But outside of such situation, the applicable
provisions are Sec. 14 and Sec. 17. It is for this reason that an extrajudicial
confession sworn to before a judge enjoys the mark of voluntariness.
Waiver of the right
- The right to counsel may be waived but the waiver shall not be valid unless
it is in writing and made with the assistance of a counsel.
- Waiver must be made voluntarily, knowingly, and intelligently.
- Whenever a constitutional protection is waived, the presumption is always
against the waiver.
SEC. 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended.
Right to Bail
- Bail – mode short of confinement which would, with reasonable certainty,
insure the attendance of the accused.
- Corollary to the right to be presumed innocent.
- Should not be rendered nugatory by requiring a sum that is excessive.
In cases where the accused is charged with a capital offense, a hearing, mandatory in
nature, which should be summary or otherwise in the discretion of the court, is required
with the participation of both the defense
When does bail become discretionary? – before conviction by the RTC and the accused
is NOT charged with a capital offense/reclusion perpetua.
SEC. 14. (1)No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witness face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf, However after arraignment, trial may proceed notwithstanding the absence of SEC. 17. No person shall be compelled to be a witness against himself.
the accused provided that he has been duly notified and his failure to appear is
unjustifiable. Main purpose – to prohibit compulsory oral examination of prisoners before the trial,
or upon trial, for the purpose of extorting unwilling confessions or declarations
Rights of the accused during trial: (P-H-I-T-M-C-S) implicating them in the commission of a crime.
1. Right to be presumed innocent until contrary is proved
2. Right to be heard by himself and counsel  What is prohibited by the constitutional guarantee is the use of physical or
3. Right to be informed of the nature and cause of the accusation against him moral compulsion to extort communication from the witness, not an inclusion
4. Right to have a speedy, impartial, and public trial of his body in evidence, when it may be material.
5. Right to meet the witness face to face  Unlike the search and seizure clause which protects both persons and
6. Right to have compulsory process to secure the attendance of witnesses and corporations, the privilege against self-incrimination is a personal one,
the production of evidence in his behalf applying only to natural individuals.
7. Right against self-incrimination.
Beltran v. Samson
Can a judge who inherit a case from another judge decide fairly even if he did not hear - Since witnesses in a preliminary investigation are protected by prohibition,
all the witnesses presented? – Yes. For practical considerations. they may not be compelled to take a dictation in order to compare their
handwriting with that found in a supposedly falsified document.
 Burden of proof is on the prosecution to meet the quantum of evidence - SC held that writing is something more than moving the body or the hand, it
necessary for conviction (proof beyond reasonable doubt). is not a purely mechanical act, because it requires the application of
 Equipoise rule – where the evidence of the parties in a criminal case is evenly intelligence and attention.
balanced, the constitutional presumption of innocence shall tilt th scales in
favor of the accused.
 Presumption of innocence does not preclude statutory provisions of Marcelo v. Sandiganbayan
presumption of guilt in certain situations. But this is only prima facie and - Distinguished from Beltran, the accused were asked to affix their signatures
rebuttable presumption of guilt which does not overcome the constitutional on the envelopes of the letters which constituted the corpus delicti in a mail
presumption of innocence. pilferage case.
 3 conditions must concur for trial in absentia: - Purpose of the signature was merely to authenticate the envelopes as the one
o accused has been arraigned seized from the accused.
o notice of the trial was duly served to him and properly returned
o his failure to appear is unjustified Boyd v. US
 it can also take place when the accused voluntarily waives his right to be - The compulsory production of private books and papers of the owner is
present. However, he can be compelled to appear for the purpose of compelling him to be a witness against himself, within the meaning of the
identification by the witnesses of the prosecution. Fifth Amendment
- Self-incrimination clause covers documentary evidence.
SEC. 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. Type of document Will right against self-incrimination
apply?
Writ of habeas corpus – writ directed to the person detaining another ,commanding Private Private person Yes.
him to produce the body of the prisoner at a designated time and place, with the day documents/papers
and cause of his caption and detention, to do, submit to, and receive whatever the court Documents and Private person/ No. the privilege which exists as to private
or judge awarding the writ shall consider in that behalf. transactions accountable papers cannot be maintained in relation to
subject to gov’t public officer records required by law to be kept in order
SEC. 16. All persons shall have the right to have a speedy disposition of their cases regulation that there may be suitable information of
before all judicial, quasi-judicial or administrative bodies. transactions which are the appropriate
subjects of governmental regulation and
 the enforcement of restrictions validly 3. Pleas to lesser offense w/o consent of prosecutor and private offended party
established.
Documents Private No. It would not be the officer
owned by person/corporate incriminating himself but the corporation
corporations officer incriminating him. CITIZENSHIP
Income tax return taxpayer No.
Repatriation – Repatriation is the recovery of original citizenship. Only women who
lost citizenship by marriage and those who lost citizenship for political or economic
SEC. 18. (1) No person shall be detained solely by reason of his political beliefs and reasons may be repatriated. Governed by RA 8171
aspirations.
(2) No involuntary servitude in any form shall exist except as punishment for a crime Naturalization – the legal act of adopting an alien and clothing him with the privilege
whereof the party shall have been duly convicted. of a native-born citizen.

SEC. 19. 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.
Reacquisition – Filipinos who lost their citizenship prior to the enactment of RA 9225
may reacquire it, and those Filipinos who become citizens of another country after the
effectivity of RA 9225 are deemed to not have lost their Philippine citizenship.
Philippine citizenship may be reacquired by taking an oath of allegiance to the
Philippines.
Retention – granted to those living abroad who wish to still possess Philippine
citizenship

LAND REFORM

Distinguish the concept of expropriation under the Bill of Rights and under agrarian
SEC. 20. No person shall be imprisoned for debt or non-payment of a poll tax. reform:

Sec. 9, Art. III Bill of Rights Agrarian Reform

SEC. 21. No person shall be twice put in jeopardy of punishment for the same. If an - Pure eminent domain - Both an exercise of police
act is punished by a law and an ordinance, conviction or acquittal under either shall - Requires that the property to be power and eminent domain
constitute a bar to another prosecution for the same act. expropriated be for public because there is compensable
purpose/use taking but there is also some
3 requisites to raise defense of double jeopardy: - Requires just compensation form of loss or sacrifice by
1. a first jeopardy must have attached prior to the second which is the full and fair those regulated. (i.e. required
a. valid information equivalent of the property to accept gov’t financial
b. such information is brought before a court of competent jurisdiction taken from its owner by the instruments, retention limits)
c. accused has been arraigned and has pleaded the charge expropriator; market value of - Intended to reduce inequalities.
2. the first jeopardy must have terminated the property - Land is taken for redistribution
a. conviction/acquittal/dismissal - to farmers and farm-workers.
3. the second jeopardy must be for the same offense as that in the first. - Compensation is approached
a. Second jeopardy is for the same offense differently.
b. Includes the offense charged in the first information
CHR
Exceptions to double jeopardy: CHR POWERS AND FUNCTIONS:
1. Supervening event (1) Investigate, on its own or on complaint by any party, all forms of human rights
2. Late discovery of facts violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for - Self-implementing - Requires implementing
violations thereof in accordance with the Rules of Court; - Protection of individuals legislation
(3) Provide appropriate legal measures for the protection of human rights of all against the government;
persons within the Philippines, as well as Filipinos residing abroad, and provide limitation of government
for preventive measures and legal aid services to the under-privileged whose powers
human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
(6) Recommend to Congress effective measures 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 conducted 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.

EDUCATION

• Right to quality education is not absolute but subject to fair, reasonable and
equitable admissions requirement.
• breach of discipline
 Failure to maintain the required academic standard

4 essential freedoms of institutions of higher learning.

1. who may teach
2. what may be taught
3. how it should be taught
4. who may be admitted to study

• free speech of students is not absolute. Speech may be disciplined if it materially

disrupts class work or involves substantial disorder or invasion of rights.

Distinguish Art. III and Art. XIII

Art. III Art. XIII

- Focuses on civil and political - Focuses on social and
rights economic rights