Friday, 24 May 2019

Consti Finals Reviewer

Section 12: Custodial Investigation

Rights Protected:

Right to be informed of his right to remain silent

Right to have competent and independent counsel preferably of his own choice

Right to be provided with counsel when he cannot afford one

Right to waive the right to counsel (in writing and in the presence of counsel)

Right against torture, force, violence, threat, intimidation and vitiation of free will

Right against illegal detention

Right against involuntary confession or admission

The above mentioned rights are available only during Custodial Investigation.

When is there Custodial Investigation?

When the investigation ceases to be a general inquiry into an unsolved crime, and the
direction is then aimed upon a particular suspect who has been taken into custody and
to whom the police would then direct interrogatory questions which tend to elicit
incriminating statements. (People v Judge Ayson)

What is Custodial Investigation?

Any questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant way.
(People v De la Cruz)

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Can the rights under Sec 12 apply to a spontaneous statement given to the
authorities?

No, it cannot. Spontaneous statements not elicited through questioning by the

authorities, but rather given in an ordinary manner, does not constitute Custodial
Investigation.

Again, Custodial Investigation is when the questioning is initiated by law enforcement

officers and that a person questioned has been deprived of his freedom of action in
any significant way.

Given that the nature of spontaneous statements do not constitute that of a Custodial
Investigation, rights protected under Section 12 of the Bill of Rights cannot attach.

Del Rosario was invited for questioning in the house of the barangay captain, in
this case of People v Del Rosario, was the invitation tantamount to the start of a
Custodial Investigation?

Yes, it is. The purpose was to elicit information under the suspicion that Del Rosario
may have committed the crime, and to this degree, we can say that he was singled out.
He was deprived of his freedom by being invited in the house of the barangay captain.
While he may refuse such invitation, the circumstances are not ordinary. The authority
of the barangay captain may have caused Del Rosario to feel compelled to accept the
invitation.

In People v Del Rosario, if there is a confession made inside the house of the
barangay captain, will it be admissible?

No, it will not be admissible. The rights under Sec. 12 of Art. 3 will now attach because
there is a custodial investigation. One of the rights protected is the right to be informed
of his right to remain silent. Given the facts, there was no shown waiver of such right by
Del Rosario. Therefore, any confession made is inadmissible as it is a fruit of the
poisonous tree.

Is an audit investigation considered a custodial investigation?

No, it is not.

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Suppose a Hong Kong national was caught by customs at the airport to be carrying
shabu in his luggage. There was no statement of the Miranda Rights, does that mean
that the said Hong Kong national can no longer be held liable?

No, he may still be held liable if there are other pieces of evidence that do not arise
from the failure to state the Miranda Rights and his protected rights under Sec. 12 of
Art. 3.

Suppose there was a confession made, this will be inadmissible as he was not
informed of his right to remain silent. However, if the testimony does not arise from that
right, like when there are other witnesses who attest to the guilt, and such testimony is
credible in court, he may still be held liable. The testimony of a 3rd party is no longer a
fruit of the poisonous tree.

Is a Police Line-up considered part of the Custodial Investigation?

It depends. But generally, no it is not. Most of the time, a Police Line-up is merely an
investigatory process and has not yet reached the accusatory stage. Custodial
Investigation is of the accusatory stage already because there is a singling out based
on the suspicion that the person interrogated may have committed the crime.

However, there are instances when it may be considered part of the Custodial
Investigation. That is if the purpose of the Line-up is not as an investigatory process
but as a confirmation of a suspicion. This is clearly shown if the police line-up is held
after custodial investigation has started.

So, to know if a Police Line-up is part of the Custodial Investigation, it is important to

know when the Police Line-up happened. If it occurred before the Custodial
Investigation and is a mere investigatory process, it is not a part. Otherwise, it is a part
of Custodial Investigation.

What happens if there is a positive identification made in a Police Line-up after

the start of the Custodial Investigation without the assistance of counsel?

The identification cannot be used as evidence against the accused without the
presence of his counsel because the rights under Sec. 12, Art 3 already attach at the
time of the start of the Custodial Investigation. The Line up being after means that the

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counsel should have been given a counsel of his choosing or that we has provided with
one. The fact that he wasn’t means that the officers where remiss in their duties.

Can the accused waive the inadmissibility of evidence?

Yes, he can through his counsel during trial. If there is no objection to the evidence
made, it is presumed that there is no contest with regard to its admissibility.

Can rights under Sec. 12, Art. 3 attach in administrative investigations?

No, it cannot. Administrative investigations are of a different nature than that of

Custodial Investigations.

Is the mere reading or recitation of constitutional rights of the accused sufficient?

What if the accused cannot understand English?

The mere recitation of the constitutional rights of the accused to him is insufficient.
There must be a transmission of a meaningful information. Therefore, if the accused
cannot understand English, it must be explained in a language he understands. he
must be clarified of his rights. The police officer should make the effort to ensure that
the accused understands his rights fully.

Are confessions made while on board the police patrol on the way to the police
station admissible if it is made without the presence of counsel?

No, it is not. The accused on board the police patrol is already in custody of the police
and any inquest made is already part of Custodial Investigation.

Are confessions made in media admissible as evidence?

Yes, it is admissible because media personnel or reporters are not police officer or
public officers of law enforcement. Therefore, it cannot constitute as part of Custodial
Investigation.

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What if the confession was made spontaneously absent the inquiry of police
officers?

It is admissible. An oral confession need not to be repeated by the accused who may
later deny it. Applying the principle of res gestae, any person who heard the confession
may become a competent witness to testify what he heard and understood.

What is “Res Gestae" principle?

It is the declaration of the accused acknowledging the guilt made to the police desk
officer after the crime was committed may be given in evidence against him by the
police officer to whom the admission was made as part of the res gestae. Other people
who have heard such confession may testify as to what he heard and understood.

Explain the principle of “Fruit of the Poisonous Tree”

This phrase was first minted by Justice Felix Frankfurter in Nardone v US. According to
this rule, once the primary source, which is the tree, is shown to have been unlawfully
obtained, any secondary or derivative evidence, which is the fruit of such tree, is also
inadmissible.

Section 12: Custodial Investigation

Bail

What is Bail?

Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, conditioned upon his appearance before any court as may be
required.

It remains in force at all stages of the case until promulgation of judgment.

It is available only when the accused is in custody pursuant to a criminal case.

However, jurisprudence also extended it to extradition cases and deportation cases.

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What is the purpose of Bail?

It is to honor the presumption of innocence of the accused while still ensuring the
attendance of the accused.

What are the forms of bail?

1. Corporate Surety

2. Property Bond

3. Cash Bond

4. Recognizance

What is corporate surety?

It is a bond issued by a surety company, accredited by the SC. The company will
furnish the bail at an interest payable by the accused at a later time.

What is a property bond?

It is an undertaking constituted as a lien on the real property given as security for the
amount of the bail.

What is a cash bond?

It is bail paid in cash.

What is recognizance?

It is a promise to appear. It is an obligation of record entered into before a court

guaranteeing the appearance of the accused for trial. It is in the nature of a contract
between the surety and the state.

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When is Bail a matter of right?

a) BEFORE conviction by the RTC and the accused is NOT charged with a capital
offense OR an offense punishable by reclusion perpetual or life imprisonment.

b) BEFORE or AFTER conviction by the MTC

Implication: Judge cannot deny bail but can only set its amount.

When is Bail a matter of discretion (of the court)?

a) BEFORE conviction by the trial court AND the accused is charged with a capital
offense OR an offense punishable by recession perpetual or life imprisonment

b) AFTER conviction by the RTC AND the offense has penalty of imprisonment NOT
exceeding 6 years

c) AFTER conviction by the RTC AND the offense has a penalty of imprisonment
exceeding 6 years but is NOT a capital offense or an offense punishable by
reclusion perpetual or life imprisonment AND the accused is NOT any of the
following:

a) Repeat offender

b) Previously escaped from legal confinement, evaded sentence,

violated the conditions of his bail without justification

c) Committed the offense while under probation, parole, or conditional

pardon

d) Flight risk

e) Undue risk that he may commit another crime during the pendency of
the appeal

Implication: Judge must decide whether the evidence of guilt is strong or not. If it is, he
cannot grant the bail. Otherwise, he must grant bail.

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When is bail NOT allowed at all?

a) AFTER conviction by final judgment

b) Accused commenced serving of sentence

c) AFTER conviction by RTC AND the offense is a capital offense or an offense

punishable by reclusion perpetual or life imprisonment

d) AFTER conviction by RTC AND offense has a penalty of imprisonment of more than
6 years BUT is NOT a capital offense or punishable by reclusion perpetua or life
imprisonment, BUT he the accused is any of the following:

a) Repeat offender

b) Previously escaped from legal confinement, evaded sentence,

violated the conditions of his bail without justification

c) Committed the offense while under probation, parole, or conditional

pardon

d) Flight risk

e) Undue risk that he may commit another crime during the pendency of
the appeal

What happens to Right to Bail if there is a suspension of the Writ of Habeas

Corpus?

Nothing. The right to bail shall subsist. It cannot be impaired even when the privilege of
the writ of habeas corpus is suspended.

Can a person admitted to bail leave the Philippines?

No, whether or not he has the intention to return. A court, as a necessary consequence
of the nature of a bail bond, may prevent a person admitted to bail from leaving the
country. A bail bond is intended to make a person available any time he is needed by
the court.

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Can a person apply for bail before arraignment?

Yes. The accused can apply for bail before he is arraigned. If he is arraigned first, he
will be put in a position to choose arraignment or motion to quash. The moment he is
arraigned, he can no longer file motion to quash. So, if he wants to bail, he will have to
choose to be arraigned but lose his right to file a motion to quash. It violates two of the
accused’s rights, his right not to be put into trial without proper information or valid
complaint, and his right to bail.

Is hearing required for bail?

Yes, whether it is as a matter of right or discretion because if it is a matter of right, the

judge will still have to decide on the amount of bail. If it is a matter of discretion, the
court will have to decide if the evidence of guilt is strong. The prosecutor must also
prove that the evidence meets the quantum required. Either way, a hearing is
necessary for the judge to come up with a decision.

What are the 4 duties of a Judge in a Bail Hearing?

1. Notify the prosecutor after hearing of the application for bail or require him to
submit his recommendation.

2. Conduct the hearing of the application for bail.

3. Decide whether the evidence of guilt of the accused is strong based on summary
hearing.

4. If the guilt of the accused is not strong, discharge the accused upon the approval
of the bail bond, otherwise, petition should be denied. 


Is the right to bail waivable?

Yes it is. It is a right personal to the accused and in any way could not be contrary to
law, public order, public policy, morals, or good customs, neither is it prejudicial to a
third person. The failure of the accused to call the attention of the court for bail is
deemed a waiver of the right to bail.

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Are members of the Armed Forces of the Philippines and other military men
entitled to bail?

It depends on where they are tried. If they are tried in military court, they are not entitle
to it because it is an exception. Military men have a classification of their own.
However, if they are tried in civil courts and as a civilian, they can be entitled to the
right to bail.

How about members of the police?

The police are part of the executive and law enforcement, they are not military men and
thus can be entitled to their right to bail.

Are aggravating circumstances considered in the hearing for bail?

No, it is not. It is not a trial. The only thing taken into consideration are if the evidence
of guilt is strong, or if applicable, the factors that would signify that the accused is a
repeat offender or a flight risk, among others.

What is the three-day motion rule?

The prosecution must be given notice of the petition for bail for at least 3 days prior to
the schedule of hearing. According to the case of Baylon v Judge Sison, the defendant
who filed the petition on a Saturday did not comply to the rule when the hearing is set
on the following Monday.

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Is Bail available for Extradition Proceedings?

Yes, as an exception to the general rule. Because generally, it is not allowed, however,
jurisprudence says that bail is allowed as an exception upon a clear and convincing
showing that:

1. Once granted bail, the extradited will not be a flight risk or a danger to the
community; and

2. That there exist a special, humanitarian and compelling circumstance including as a

matter of reciprocity, those cited by the highest court in the requesting state where
it grants provisional liberty in extradition cases therein.

The legal basis is the principle of justice and fairness and not a specific statute. This is
because the Court recognizes extradition as an executive and not a judicial function.

However, without the concurrence of the two requisites, bail should not be granted to
the extradited because (1) it is not a criminal proceeding, it is sui generis, (2) it is a
major instrument for the suppression of crime, (3) it is the requesting state who will
accord due process to the accused, (4) compliance to the requesting state should be
done by our courts in good faith, and that (5) there is an automatic presumption of risk
of flight, after all, this extraditee has already escaped at least once, what stops him
from doing it again?

Is Bail available in deportation proceedings?

Yes, the same way as in extradition proceedings, with the concurrence of the two
requisites:

1. Once granted bail, the extradited will not be a flight risk or a danger to the
community; and

2. That there exist a special, humanitarian and compelling circumstance including as a

matter of reciprocity, those cited by the highest court in the requesting state where
it grants provisional liberty in extradition cases therein.

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Section 14: Constitutional Rights of the Accused

What are the rights of the person or accused during trial?

a) Right to criminal due process

b) Right to be heard by himself and his counsel

c) Right to be informed of the nature and cause of accusation against him

d) Right to speedy, impartial and public trial,

e) Right to meet witnesses face to face

f) Right to have compulsory process to secure the attendance of the witnesses and
the production of evidence in his behalf

g) Right to be presumed innocent until proven guilty

h) Right to assistance to counsel

What is the difference between Section 1’s concept of Due Process from Section
14?

Section 14 only pertains to criminal proceedings and refers to due process in criminal
prosecution. Section 1 pertains to any kind of proceedings, including those not of
criminal nature.

Requisites of Criminal Due Process

1)  The accused has been heard in a court of competent jurisdiction;

2)  The accused is proceeded against under the orderly processes of law;

3)  The accused has been given notice and the opportunity to be heard; and

4)  The judgment is rendered only upon lawful hearing.

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May the Supreme Court review decisions of military tribunals?

No, save in the cases where a case is forwarded to the Supreme Court by the Court of
Military Appeals.

How about the reverse?

Not at all. There is no instance wherein the military tribunal may take cognizance
of non-military cases or the trial involving civilians.

What is the reason for the presumption of innocence?

It is based on the principle of justice not designed to protect the guilty but to prevent
the conviction of one who is innocent, for it is a rule that accusation is not synonymous
with guilt. Proof must survive the test of reason and conviction must be based on moral
certainty, for it is better to acquit a guilty person rather than to convict an innocent
man.

What is the quantum of evidence required in criminal proceedings?

Proof beyond reasonable doubt or upon moral certainty.

Absolute certainty of guilt is not demanded by law to convict but moral certainty. It is
the quantum required as to every proposition of proof requisite to constitute the
offense. By reasonable doubt, we do not mean absolutely no doubt at all, for that is
quite impossible, rather, it is the state wherein a reasonable man may rest his mind
easy upon the certainty of guilt.

Does preventive suspension pendent lite violate the right to be presumed

innocent?

No, it does not. It is not even a penalty. It is just to avoid any influence the accused
might make whether consciously or not while the investigation is ongoing.

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Can the State shift the burden of proof to the accused?

Yes, the State, through its police power, has the right to declare which acts are
criminal, and which acts are not. With this, the State can specify the acts that
constitute a crime and how the burden of proof may be discharged.

What is the equipoise rule?

The equipoise rule invoked by the petitioner is applicable only where the evidence
adduced by the parties are evenly balanced, in which case the constitutional
presumption of innocence should tilt the scales in favor of the accused

When does the presumption of innocence end?

It ends upon the finality of the judgment of conviction, that is when the right to appeal
has been fully exhausted.

What are the four obligations of the court to ensure that the defendant’s right to
be heard is upheld?

1. To inform the defendant his right to have an attorney before being arraigned.

2. To ask if he wishes to be represented by a counsel

3. If he so desires, and is unable to employ an attorney, the court must assign

attorney de officio to assist him.

4. If the accused decided to procure an attorney of its own, the court must grant him
a reasonable time thereof. 


Can an accused waive his right to counsel during trial?

No he cannot. If he does not want to be represented by a lawyer de parte, one will be

provided for him, de officio. This is in compliance with the Rules of Court.

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Why can’t the accused waive his right to counsel during trial?

Because a layman does not have the professional skill to protect himself wherein the
prosecution is represented by an experienced and learned counsel. It will put the
accused at a gross disadvantage.

What are the elements of the general right to be heard?

1. The right to be present at trial

2. The right to counsel

3. The right to an impartial judge

4. The right to confrontation

5. The right to compulsory process to secure the attendance of witnesses

What are the pre-arraignment duties of the trial judge?

1. To inform the accused that he has the right to have his own counsel before being
arraigned;

2. after giving such information, to ask accused whether he desires the aid of counsel;

3. if he so desires to procure the services of counsel, the court must grant him
reasonable time to do so; and

4. if he so desires to have counsel but is unable to employ one, the court must assign
counsel de officio to defend him.

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Can trial proceed notwithstanding the absence of the accused (Trial in Absentia)?

Yes, provided that he has been arraigned, duly notified, and that his failure to appear is
unjustifiable. The accused may choose not to be present during the course of the trial
provided that he is present during:

a) Arraignment and plea

b) Trial, for identification purposes, unless the accused has already stipulated on his
identity during pre-trial and that he is the one who will be identified by the
witnesses as the accused in the criminal case

c) During promulgation of sentence, unless for a light offense

The object of a written accusation:

1. To furnish the accused with such a description of the charge against him as will
enable him to make his defense

2. To avail himself of his conviction or acquittal for protection against a further

prosecution for the same cause

3. To inform the court of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction, if one should be had

What must the criminal information contain in order to comply with the
constitutional right of the accused to be informed of the nature and cause of the
accusation against him?

1. The name of the accused

2. The designation given to the offense by the statute

3. A statement of the acts or omissions so complained of as constituting the offense

4. The name of the offended party

5. The approximate time and fate of the commission of the offense

6. The place where the offense had been committed.

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The accused is charged with 2 separate informations containing 2 set of facts.
May the facts be combined to allow conviction for a complex crime?

No. There should be separate verdicts for each information. This is the case even if the
trial for two cases are joint.

What is arraignment?

It is a stage where in the mode and manner required by the rules, for the first time is
granted. It is the opportunity to know the precise charge that confronts him. It is not a
useless formality, much less an idle ceremony.

Sec. 4, Rule 120, RoC. Judgment in case of variance between allegation and
proof. – When there is variance between the offense charged in the complaint or
information and that proved, and the offense as charged is included in or necessarily
includes the offense proved, the accused shall be convicted of the offense proved
which is included in the offense charged, or of the offense charged which is included in
the offense proved.

What is the concept of a speedy trial?

It is one that is free from vexatious, capricious and oppressive delays, the purpose of
which is to free the accused from anxiety and expenses of a court litigation.

The right to a speedy trial is deemed violated only when:

1. The proceedings are attended by vexatious, capricious, and oppressive delays; or

2. when unjustified postponements are asked for and secured; or

3. when without cause or justifiable motive a long period of time is allowed to elapse
without the party having his case tried.

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What is the remedy for violation of the right to speedy trial?

The accused is entitled to dismissal of the case, and, if he is under detention, to

release by habeas corpus. Moreover, dismissal for violation of the right to speedy trial
is equivalent to acquittal and is a bar to another prosecution for the same offense.

May the right to speedy trial be invoked even if it would result in deprivation of
the State’s (prosecution’s) right to due process? Explain.

No. The right to speedy trial cannot be invoked where to sustain the same would result
in a clear denial of due process to the prosecution. It should not operate in depriving
the State of its inherent prerogative to prosecute criminal cases or generally in seeing
to it that all those who approach the bar of justice is afforded fair opportunity to
present their side. For it is not only the State; more so, the offended party who is
entitled to due process in criminal cases. In essence, the right to a speedy trial does
not preclude the people’s equally important right to public justice.

State the effect if a party to a case fails to timely question the delay in the trial of
the case. Explain.

One’s failure to timely question the delay in the trial to a case would be an implied
acceptance of such delay and a waiver of the right to question the same. Except when
otherwise expressly so provided, the speedy trial right, like any other right conferred by
the Constitution or statute, may be waived when not positively asserted. A party’s
silence may amount to laches. The right to a speedy trial is a privilege of the accused.
If he does not claim it, he should not complain.

If the trial of the accused is conducted inside the Bilibid Prisons without
objections, is this a public trial? Why?

Yes, for as long as the public has not been excluded.

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When and why is a trial “public”?
It is public when attendance is open to all irrespective of relationship to defendants.

The purpose of this guarantee is to serve as a safeguard against any attempt to employ
our courts as instruments of persecution. The knowledge that every criminal trial is
subject o contemporaneous review in the forum of public opinion is an effective
restraint on possible abuse of judicial power.

When is the exclusion of the public valid without violating the right to public trial?

Exclusion of the public from the trial is valid without violating the right to public trial
when the evidence to be produced is offensive to decency or public morals. The
proceeding may be limited to Mends, relatives, and counsel.

Rationale of the right to meet witnesses face to face

1. To afford the accused an opportunity to test the testimony of the witness by cross-
examination

2. To allow the judge to observe the deportation of the witness

The following are not admissible as it is violative of the right of the accused to
confrontation of witnesses:

1. Extrajudicial statements of an accused implicating another cannot be used against

the accused if not repeated in open court

2. Affidavit executed by a witness if such witness does not appear in court

What are the exceptions?

1. Dying declarations

2. Trial in Absentia

Is this right available during preliminary investigation?

No. It is only available upon arraignment and during trial.

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Can an accused be convicted on the basis of a testimony of another who was not
cross-examined?

No. It is a violation of the right to confront witnesses.

What are the different processes that may be resorted to compel the attendance
of the parties in court as well as the witnesses?

a) Subpoena ad testificandum

b) Subpoena duces tecum

c) Warrant of arrest

d) Contempt

e) Perpetuation of testimony

f) Modes of discovery

What is Subpoena ad testificandum?

Used to compel a person to testify

What is Subpoena duces tecum?

Used to compel production of books, records, things, or documents therein specified.

Requisites for Subpoena duces tecum:

1) The books, documents, or other things requested must appear prima facie relevant
to the issue subject of the controversy (test of relevancy); and

2) Such books must be reasonably described by the parties to be readily identified (test
of definiteness)

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Section 15: Suspension of the Privilege of Writ of Habeas Corpus

There are four special writs which the courts may issue:

1. Writ of Habeas Corpus

2. Writ of Amparo

3. Writ of Habeas Data

4. Writ of Kalikasan

WRIT OF HABEAS WRIT OF WRIT OF HABEAS WRIT OF

CORPUS AMPARO DATA KALIKASAN
Involves the right to
liberty. It extends to Involves the right to a
all cases of illegal Involves the right balanced and healthy
confinement or to life, liberty and ecology, involving
detention by which security. It environmental
any person is involves Involves the right to damage of such
Rights
deprived of his extrajudicial privacy in life, magnitude as to
Involved
liberty, or by which killings, enforced liberty, and security prejudice the right,
the rightful custody disappearances, health or property of
of any person is and threats inhabitants of two or
withheld from the thereof. more cities or
person entitled provinces
thereto

Etymology “You have the body” “To protect” “You have the data” —
Seeks to inquire into
It is a remedy to
all manner of It is intended to It is a remedy based
protect a person’s
involuntary restraint address violations on the right to a
right to control
and to relieve a of or threats to the balanced and healthy
information
person therefrom if right to life, liberty, ecology, against
regarding one’s
such restraint is and security as an environmental
Purpose self, particular in
illegal. Basically, it extraordinary and damage of such
and instances where
seeks to determine independent magnitude as to
Objective such information is
whether or not a remedy, prejudice the right,
being collected
particular person is particularly health or property of
through unlawful
legally held, and if extralegal killings inhabitants of two or
means in order to
not, the court will and enforced more cities or
achieve unlawful
order the release of disappearances provinces
ends.
the person

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What is the right protected by Section 15, Art 3?

It is the guarantee that privilege of the writ and not the mere writ itself cannot be
suspended except in cases of invasion, rebellion, or when public safety requires it. The
writ itself cannot be suspended.

When is the Writ of Habeas Corpus NOT available?

1. When there is no deprivation of liberty or restraint

2. When the deprivation of liberty or restrain is legal

3. To correct alleged erroneous orders of the court

4. When the person deprived of liberty through involuntary restraint or detention has
already been released

5. When the illegal detention becomes legal by virtue of court processes

6. When the privilege of availing of the writ is suspended by the President

What is the effect of the Writ of Habeas Corpus?

It will inquire into the validity of the detention and if found to be without cause,

1. The person is discharged from confinement

2. The person cannot be imprisoned for the same offense

Two (2) conditions must concur for the valid exercise of the authority to suspend
the privilege to the writ, to wit:

a. There must be "invasion, insurrection, or rebellion”, and

b. public safety" must require the suspension of the privilege.

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President has three (3) options in times of invasion, insurrection, or rebellion:

a. To call out the armed forces

b. To suspend the privilege of the writ of habeas corpus

c. To place the Philippines or any part

Power of the president to suspend the privilege of the Writ of Habeas Corpus and
Martial law:


Art. 7, Sec. 18: In case of invasion or rebellion, when the public safety so requires it, he
may for a period not exceeding 60 days, suspend the writ of the privilege of habeas
corpus or place the Philippines or any part thereof under Martial Law.

Majority vote of both houses, voting jointly


Art. 7, Sec. 18: Revoke the suspension of the privilege of the Writ of Habeas Corpus or
the proclamation of Martial Law. It may also in the same manner, upon the initiative of
the President, extend such suspension or proclamation in the period it determines, if
the rebellion or invasion persists and public safety so requires.

Within 48 hours from the proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall submit a report in person or in writing
to the Congress.

The Congress, if not in session, shall, within 24 hours following such proclamation or
suspension, convene in accordance with its rules without need of a call.

The Congress, voting jointly, by a vote of at least a majority of all its Members in regular
or special session, may revoke such proclamation or suspension, which revocation
shall not be set aside by the President.

NOTE — The Senate and the House of Representatives vote "jointly." This is a
departure from the general rule that the two Houses vote separately when deciding an
issue. The purpose of the departure from the general rule is to facilitate the override of
the suspension or the imposition.

Upon the initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety requires it.

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‣  The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus or the extension thereof, and
must promulgate its decision thereon within 30 days from its filing. 


‣  NOTE — the Supreme Court cannot act motu proprio. There must be a
petition filed by any citizen. All Filipino citizens are given legal standing to file the
petition.

Section 16: Right to Speedy Disposition of Cases

What is the difference between this right to that of the right to speedy trial in
Section 14?

This right covers all phases of any judicial, quasi-judicial or administrative proceedings.

What remedy does a person have if there has been unreasonable delay in the
resolution of the case?

Dismissal through mandamus.

In ascertaining whether the right to speedy disposition of cases has been

violated, the following factors must be considered:

a) The length of the delay

b) The reasons for the delay

c) The assertion or failure to assert such right by the accused

d) The prejudice caused by the delay

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Section 17: Right Against Self Incrimination

What is the rationale of the Right Against Self Incrimination?

Basically this right is the protection of the accused to be compelled as a witness

against himself. (Nemo Tenetur Seipsum Accusare - no man is bound to accuse
himself)

This right was established on the grounds of public policy and humanity: Of policy,
because, if the party were required to testify, it would place the witness under the
strongest temptation to commit perjury; and of humanity, because it would prevent the
extorting of confession by duress.

Can this right be waived?

Yes. It can be waived directly or by a failure to invoke it as long as the waiver is

certain and intelligently made.

Can a witness invoke this right?

Yes, as long as the question shot at him at the witness stand is incriminating.

When is a question considered incriminating?

Usually a crime or a criminal act may contain two or more elements and that a question
would have a tendency to incriminate, even if it tends to elicit only one of said
elements. The right thus, includes a right to refuse to testify to a fact which would be a
necessary link in a chain of evidence to prove the commission of a crime by a witness.

What kind of compulsion is covered by the right against self incrimination?

1. Testimonial compulsion

2. Compulsion to perform acts requiring intelligence

3. Compulsion to produce private books and papers of the owner

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Can this right be invoked in non-criminal proceedings?

Yes. This extends to civil and administrative proceedings which possess a criminal or
penal character, meaning it imposes penalties.

Can this right be invoked by juridical persons?

No. It can only be invoked by natural persons because juridical entities are, after all,
represented by its officers who are held liable for criminal liabilities incurred by the
juridical entities.

May a corporate officer prevent the production of corporate papers on the

ground that it is a violation of his right against self-incrimination?

No, he cannot. These papers are owned by the corporation who cannot invoke

the right.

What are the two types of immunity that may be granted to a witness?

1. Transactional Immunity

2. Use-and-derivative-use immunity

What is Transactional Immunity?


It is a broad scope of protection to the witness wherein he can no longer be
prosecuted for any offense arising out of the act prosecuted.

What is Use-and-derivative-use Immunity?

The witness is only assured that his particular testimony and the evidence derived from
it will not be used against him. However, the prosecution may still pursue against him
through the use of other evidence not obtained from the said witness.

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Section 18: Right Against Involuntary Servitude and Political Prisoners

What is Involuntary Servitude?

It is every condition of enforced or compulsory service of one to another no matter

under what form such servitude may be disguised

What are the 2 types of Involuntary Servitude?

1. Slavery

2. Peonage

What is Slavery?

That civil relation in which one man has absolute control or power over the life, fortune,
and liberty of another.

What is Peonage?

A condition of enforced servitude by which the individual is restrained of his liberty and
compelled to labor in liquidation of home debt or obligation, real or pretended, against
his will.

Exceptions wherein Involuntary Servitude may be allowed:

1. Punishment for a crime whereof one has been duly convicted

2. Service in defense of the state

3. Naval or Marine enlistment for the entire voyage

4. Posse Comitatus

5. Return to work order in industries affected with public interest

6. Patria Potestas

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Section 19: Prohibited Punishment

What are examples of prohibited punishments?

1. Excessive fines disproportionate to the offense

2. Cruel Punishment

3. Degrading Punishment

4. Inhuman Punishment

What is Cruel Punishment?

It involves torture or lingering death; it implies that there is something inhuman or

barbarous.

When is a punishment degrading or inhuman?

It it is severe, obnoxious, and flagrantly and plainly oppressive that it shocks the moral
sense of the community.

Elements of a valid punishment:

1. It must not be so severe as to be degrading to the dignity of human beings

2. It must not be applied arbitrarily

3. It must be acceptable to contemporary society

4. It must not be excessive

Does pain in itself constitute a cruel punishment?

No, it does not. Pain is to be expected to some degree in punishments.

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Is death penalty cruel?

According to jurisprudence, it is not. It is only cruel when it is not done quickly and
there is a prolonging of pain in that it constitutes torture.

Why did the congress suspend death penalty?

1. It inflicts traumatic pain not just on the convict but also on the family, even if the
penalty is not carried out

2. There is no convincing evidence that it acts effectively as a deterrent for serious

crime

3. Penology favors reformative rather than vindictive penalties

4. Life is too precious a gift to be placed at the discretion of a human judge

5. The law itself by imposing to many safeguards manifests a reluctance to impose

death penalty 


May Congress restore Death Penalty?

Yes, as long as it is for heinous crimes. Therefore, they must first define what are
heinous crimes and clearly designate which crimes are considered heinous.

What are heinous crimes?

Crimes are heinous for being grievous, odious and hateful offenses and which, by
reason of their inherent or manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society.

People v Estoista

Gist: Estoista was convicted for possession of rifle of his father. The former
accidentally shot a laborer of the family who was setting up traps for wild chicken.
Estoista was supposed to shoot the wild chicken. He was made to suffer 5-10 years for
illegal possession of firearms. This is not unjust. This is just sufficient penalty as

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decided by the legislative who had the intention to curb or suppress the punishable
act.

People v Esparas

Gist: Esparas was found guilty of importing 20 kgs of shabu. She escaped jail after
arraignment and was tried in absentia. She was sentenced to death by the trial court.
The question is, can her case be forwarded to the Supreme Court if she has not filed
an appeal? The SC said yes by power of automatic review. There is no need for action
for the defendant. Files of the case will automatically be transmitted 15-20 days from
judgment of the TC to the SC. The SC shall automatically try the case. It is state policy
that the license to kill should not be given without the determination of the highest
court of the land whose collective wisdom is the last effective hedge against a possible
erroneous judgment of a one-judge trial court.

People v Echegaray

Gist: Leo P. Echegaray was sentenced to death penalty for raping the 10 year old
daughter of his common-law spouse.

Is Death Penalty cruel and unusual penalty? According to People v Echegaray, it is not.
It is an exercise of the State’s power to secure society against the threatened and
actual evil. For now, though, it is suspended by Congress. This issue of death penalty
should be addressed by the legislature because Congress and not the Courts are the
proper venue for protracted debate on morality and propriety of capital punishment.

Lethal injection was questioned by Echegaray citing US jurisprudence but the Court
finds it insufficient. It is only considered cruel or inhuman if there is torture, prolonging
of pain, or lingering death. So, death penalty is okay as long as it is swift and as
painless as possible. Although, pain in itself, is not considered cruel. All modes of
punishment, to some degree, are painful. This does not mean that all crimes will go
unpunished.

Death penalty is enacted not earlier than a year up to 18 months to give the Executive
the chance to exercise clemency powers.

The IRR must be issued by the Secretary of Justice and not the Bureau of Corrections.
In this case, the IRR was left to BuCor. This was stricken down. Also, RA8177’s Sec. 17
was declared unconstitutional because it says women have up to 3 years and not 18

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months before Death Penalty is enacted. Also, it won’t be enacted while the woman is
pregnant or any person over 70 years of age. This is a violation of equal protection.

Section 20: Non-Imprisonment for Debts

What covers Section 20?

It covers the non performance of obligations ex contract and not those arising from
law, quasi-delict, delict, and non payment of poll tax.

What is Poll Tax?

Poll tax is understood as cedula or residence tax.

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Article 3: Bill of Rights Summary

Inherent Powers of the State:

1. Police Power

2. Power of Eminent Domain

3. Power of Taxation

Police Power- most essential, insistent, and least limitable of powers, extending as it
does to all great public needs.

Section 1: Right to due process; Right to Equal Protection of the Law

Aspects of Due Process:

1. Procedural Due Process

2. Substantive Due Process

Void for Vagueness Doctrine - Statute establishing criminal offense must define the
offense with sufficient definiteness that persons of ordinary intelligence can understand
what conduct is prohibited by the statute. It can only be invoked against the specie of
legislation that is utterly vague on its face and cannot be clarified by either a saving
clause or by statutory construction.

Tests to determine if legislative measure satisfies substantive due process:

1. Strict Scrutiny Test- Presence of compelling state interest

2. Intermediate or Heightened Scrutiny Test - Governmental interest is extensively

examined

3. Rational Basis Test - Rationally further a legitimate government interest

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Requisites of Reasonable Classification:

1. It must rest on substantial distinctions

2. It must be germane to the purpose of the law

3. It must not be limited to existing conditions only

4. It must apply equally to all members of the same class

Tests for Valid Classification

1. Strict Judicial Scrutiny - Compelling state interest (applied to suspect

classifications like gender)

2. Intermediate Scrutiny Test - show that challenged classification serves an important

state interest and that the classification is at least substantially related to serving
that interest (often used on race, national origin, religion)

3. Rational Basis Test- classification must be shown to be rationally related to serving

a legitimate state interest.

Doctrine of Relative Constitutionality - A provision of law is initially valid may

become subsequently unconstitutional on the ground that its continued operation
would violate the equal protection clause

Section 2: Rights to Privacy and the Right Against Unreasonable Searches and
Seizures

Search Warrant - order in writing, issued in the name of the People of the Philippines,
signed by a judge or justice, directed to a peace officer, commanding him to search for
personal property and bring it before the court.

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A search warrant may be issued for the search and seizure of personal property:

1. Subject of the offense

2. Stolen or embezzled and other proceeds, or fruits of the offense

3. Used or intended to be used as the means of committing an offense

Arrest - taking of a person into custody in order that he may be bound to answer for
the commission of an offense. It is effected by actual restraint of the person to be
arrested or by the person’s voluntary submission to the custody of the one making the
arrest.

Valid Warrantless Arrests:

1. In Flagrante Delicto

2. Hot Pursuit Arrest

3. Arrest of Escaped Prisoners

Valid Warrantless Searches and Seizures:

1. Express or Implied Waiver or Consented

2. Incidental to Lawful Arrest

3. In Plain View

4. Moving Vehicle

5. Customs search in enforcement of customs law

6. Stop and Frisk

7. Exigent and Emergency Circumstances

8. Visual search at checkpoints

9. Inspection of buildings and other premises for fire, sanitary, and building regulations

10. Search of vessels and aircrafts for violation of fishery, immigration, and customs
laws

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Probable Cause - such reasons, supported by facts and circumstances, as will
warrant a cautious man in the belief that his actions, and means taken, are legally just
and proper.

Section 3: Right to Privacy of Communication and Correspondence

Breach
Allowed only upon:

1. Lawful order of the court

2. When public safety or order requires it as prescribed by law

Section 4: Right tp Free Speech, of the Press, and Right to Peaceable Assembly

Preferred Speech - Protection of core speech or which communicates political, social,

or religious ideas

Less-Preferred Speech - Commercial Speech

Unprotected Speech - Libel and obscenity

Prior Restraint - official government restrictions on the press or other forms of

expression in advance of publication or dissemination (aka censorship)

When permitted:

Porn, False/Misleading Commercial Statement, Advocacy of imminent lawless

actions, danger to national security, and the like.

Heckler’s Veto - situations in which the government attempts to ban protected speech
because it might provoke a response.

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O’Brien Test - Intermediate approach to test validity of government regulation or
Content Neutral Regulation. A government regulation is justified if it is within its
constitutional power, it furthers an important or substantial government interest, such
interest is unrelated to the suppression of free expression, if the government interest is
more important than the regulation of freedom of speech.

Content Based Regulation - Restraint aimed at a message or idea (for Clear and
Present Danger)

Content Neutral Regulation - incidents of the speech and not the content.

Three tests for curbing freedom of expression:

a) Dangerous Tendency Test

b) Clear and Present Danger Test

c) Balancing of Interest Test (O’Brient and Intermediate)

Facial Challenges for Validity of Laws:

Vagueness - same as above

Overbreadth doctrine - sweep unnecessarily and broadly thus invading areas of

protected freedoms.

*Can apply to statutes on free speech cases, religious freedom, and other fundamental
rights.

Penal laws - cannot be challenged by facial challenges like overbreadth or vagueness

test.

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Section 5: Right to Freedom of Religion

Twin Aspects of Religious Freedom:

1. Non establishment clause

2. Free exercise clause

Tests for Non-Establishment Clause:

Lemon test - the law must (1) have a legitimate secular
1. Separation (Strict Neutrality)
purpose, (2) not have the primary effect of either
advancing or inhibiting religion, and (3) not result in an
2. Accommodation (Benevolent Neutrality)
excessive entanglement of government and religion.

Section 6: Right to Travel and Liberty of Abode

Liberty of abode - does not cover the right to return (Marcos v Manglapus)

Section 7: Right to Information and Right to Access to Information on matters of

Public Concern

This is self executory.

Information not covered and may not be compelled:

1. National security matters

2. Criminal or classified law enforcement matters

3. Pleadings

4. Diplomatic correspondence

5. Closed door cabinet meetings

6. Executive sessions of Congress

7. Internal deliberations of Supreme Court

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8. Trade secrets

9. Bank deposits and transactions

10. Informer’s privilege

11. Presidential communications

12. Deliberative process privilege

13. On hold or ongoing evaluations

Section 8: Right to Freedom of Association

Section 9: Right to Private Property and Right to Just Compensation in the State’s
exercise of Power of Eminent Domain

Power of Eminent Domain - power of the state to take private property for public use
upon payment of just compensation and is a inherent power of the state (one of the big
3)

Requisites for valid expropriation:

1. The expropriator must enter upon the private property

2. Entry must not be for a momentary period only

3. Entry must be under warrant of legal authority

4. Property must be devoted to public use, or otherwise informally appropriated or

injuriously affected

5. Ousting the owner or depriving him of all beneficial enjoyment of the property

Actual taking- when the owner is actually deprived or disposed of his property

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Constructive taking - practical destruction or material impairment wherein owner is
deprived of the ordinary use of his property

Just compensation - full and fair equivalent of the property taken from its owner by
the expropriator.

Factors in determining the market value of the property for Just Compensation:

1. Nature and character of the property

2. Capabilities or potential of the property

3. Uses to which the property may be applied

4. Uses to which the property may be adapted

5. Condition of the property at the time of the taking

6. Surroundings of the property

7. Improvements made on the property

Section 10: Right to freely contract, Right against impairment of contracts

Section 11: Right to free access to the courts and quasi judicial bodies and
adequate legal assistance by reason of poverty

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