Constitutional Law 2
[Rule 126 Sec.2 ROC]
1. Property subject of the offense
2. Property stolen or embezzled and other proceeds or fruits of the offense.
3. Property used or intended to be used as a means of committing an offense.
Exclusionary Rule
Evidence obtained in violation of Article III Sec. 2 of the Phil. Constitution, shall be INADMISSIBLE for any purpose in any proceedings, because it is the "fruit of the poisoned tree".
Warrantless Searches
1. Search incidental to a lawful arrest [Rule 113 Sec.5 & Rule 126 Sec.12 ROC]
2. Plain view doctrine
3. Search of a moving vehicle
4. Consented warrantless searches (waiver of right against unreasonable searches and seizure)
5. Customs search
6. Stop and frisk
7. Exigent and emergency circumstances
8. Visual search at checkpoints
Requisites of a Valid Warrantless Arrest [Rule 113 Sec.5 ROC]
1. (In flagrante delicto): When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
2. (Hot Pursuit): When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
3. (Escaped Prisoners): When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Additional Exceptions:
1. When the right is voluntarily waived (estoppel)
2. Violent insanity
Sec.3 Privacy of Communications and Correspondence
When is Intrusion allowed
1. By lawful order of the court
2. When public safety or public order requires otherwise, as may be provided by law.
Forms of Correspondence Covered
1. Letters
2. Messages
3. Telephone Calls
4. Telegrams and the likes
Exclusionary Rule
Any evidence obtained in violation of Article III, Section 3 or Section 2 shall be inadmissible for any purpose in any proceeding. This applies not only to testimonial evidence, but also to documentary and object evidence.
Sec. 4 Freedom of speech, of expression and of the press
Dangerous Tendency Doctrine - Limitations on speech are permissible once a rational connection has been established between the speech restrained and the danger contemplated.
Balancing of Interest Test - When a particular conduct is regulated for public order, and the regulation results in an indirect abridgment of speech, the court must determine which of the two conflicting interests demand greater protection.
Clear and Present Danger Rule - Speech may be restricted because there is a substantial danger that the speech will likely lead to an evil the government has the right to prevent. Requires that the evil consequences sought to be prevented must be substantive, extremely serious and the degree of imminence extremely high.
Sec. 5 Freedom of Religion
Religion - any specific system of belief, worship or conduct often involving a code of ethics and philosophy.
The 2 Guarantees:
1. Non-establishment Clause - Rooted in the separation of Church and the State.
Basically it is all the 22 Bill of Rights which can be found in Article III of the 1987 Phil. Constitution
It is self-executing.
Article III guarantees civil, political, social and economic rights and the rights of the accused.
Sec.1 Due Process and Equal Protection Clause
Aspects to Due Process
I. Substantive Requisites:
1. The interest of the public in general as distinguished from those of a particular class require the intervention of the State. [Lawful object]
2. The means employed are reasonably necessary for the accomplishment of the purpose and not duly oppressive on individuals. [Lawful means]
*Publication of laws is part of substantive due process. It is a rule of law that before a person may be bound by law, he must officially and specifically informed of its contents.Publication must be full, or there is none at all. (Tanada vs. Tuvera)
II. Procedural Requisites:
1. An impartial court or tribunal clothed with the judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant sand over the property which is the subject matter of the proceedings.
3. The defendant must be given the opportunity to be heard.
4. Judgment must be rendered upon lawful hearing.
Judicial Inquiry Requisites:
1. There must be an actual case or controversy.
2. The question of constitutionality must be raised by the proper party.
3. The constitutional question must be raised at the earliest possible opportunity.
4. The decision of the constitutional question must be necessary to the determination of the case itself.
Exceptions to #3 of the Judicial Inquiry:
1. In criminal cases, the constitutional question can be raised at any time in the discretion of the court.
2. In civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the case itself.
3. In every case except where there is ESTOPPEL, the constitutional question can be raised at any stage if it involves the jurisdiction of the court.
Instances where previous judicial hearing may be Omitted without violation of due process:
1.The nature of the property involved.
2. The urgency of the need to protect the general welfare from a clear and present danger.
Equal Protection Classifications:
1. It must be based upon 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 class.
Sec.2 Searches and Seizures
Search Warrant - an order in writing issued in the name of the People of the Philippines, signed by a judge or justice of peace, directed to a peace officer, commanding him to search for personal property and bring it before the court.
Warrant of Arrest - to acquire jurisdiction over the person of the accused.
Requisites of a Valid Warrant: [Search Warrant and Warrant of Arrest]
1. It must be based upon a probable cause.
*Probable cause - facts and circumstances which would lead a reasonably discreet and prudent man to believe that a crime has been committed and that the person to be arrested is probably guilty thereof.
2. The probable cause must be determined personally by the judge.
3. The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce.
*See Rule 126 Section 6 of the Rules of Court
* Oath - any form of attestation that he is bound in conscience to perform an act faithfully or truthfully; an outward pledge given by the person taking it that his attestation or promise is made under the immediate sense of his responsibility to God.
Requisites of Oath:
1. Must refer to facts.
2. Such facts are of personal knowledge of the petitioner or applicant or witnesses. Not hearsay.
4. It must particularly describe the place to be searched and the persons or things to be seized.
Conduct of Search [ Rule 126, Section 7 ROC]
1. In the presence of a lawful occupant thereof or any member of his family; or
2. If occupant or members of the family are absent, in the presence of 2 witnesses of sufficient age and discretion residing in the same locality.
*Failure to comply with the [Rule 126 Section 7 ROC] invalidates the search.
[Rule 126 Sec.2 ROC]
1. Property subject of the offense
2. Property stolen or embezzled and other proceeds or fruits of the offense.
3. Property used or intended to be used as a means of committing an offense.
Exclusionary Rule
Evidence obtained in violation of Article III Sec. 2 of the Phil. Constitution, shall be INADMISSIBLE for any purpose in any proceedings, because it is the "fruit of the poisoned tree".
Warrantless Searches
1. Search incidental to a lawful arrest [Rule 113 Sec.5 & Rule 126 Sec.12 ROC]
2. Plain view doctrine
3. Search of a moving vehicle
4. Consented warrantless searches (waiver of right against unreasonable searches and seizure)
5. Customs search
6. Stop and frisk
7. Exigent and emergency circumstances
8. Visual search at checkpoints
Requisites of a Valid Warrantless Arrest [Rule 113 Sec.5 ROC]
1. (In flagrante delicto): When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
2. (Hot Pursuit): When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
3. (Escaped Prisoners): When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Additional Exceptions:
1. When the right is voluntarily waived (estoppel)
2. Violent insanity
Sec.3 Privacy of Communications and Correspondence
When is Intrusion allowed
1. By lawful order of the court
2. When public safety or public order requires otherwise, as may be provided by law.
Forms of Correspondence Covered
1. Letters
2. Messages
3. Telephone Calls
4. Telegrams and the likes
Exclusionary Rule
Any evidence obtained in violation of Article III, Section 3 or Section 2 shall be inadmissible for any purpose in any proceeding. This applies not only to testimonial evidence, but also to documentary and object evidence.
Sec. 4 Freedom of speech, of expression and of the press
Dangerous Tendency Doctrine - Limitations on speech are permissible once a rational connection has been established between the speech restrained and the danger contemplated.
Balancing of Interest Test - When a particular conduct is regulated for public order, and the regulation results in an indirect abridgment of speech, the court must determine which of the two conflicting interests demand greater protection.
Clear and Present Danger Rule - Speech may be restricted because there is a substantial danger that the speech will likely lead to an evil the government has the right to prevent. Requires that the evil consequences sought to be prevented must be substantive, extremely serious and the degree of imminence extremely high.
Sec. 5 Freedom of Religion
Religion - any specific system of belief, worship or conduct often involving a code of ethics and philosophy.
The 2 Guarantees:
1. Non-establishment Clause - Rooted in the separation of Church and the State.
[see Art.II Sec.6, Art. IX-C Sec.2(5), Art. VI Sec. 5(2) and Art. VI Sec. 29 (2)]
The State cannot set up a Church, nor pass laws which aid one religion nor influence a person to go to or remain away from Church against his will.
Exceptions from the Phil. Constitution:
1. Art. VI Sec. 28(3)
2. Art. VI Sec. 29(2)
3. Art. XIV Sec. 3(3)
4.Art. XIV Sec. 4(2)
2. Freedom of religious profession and worship
A. Right to believe
B. Freedom to act on one's belief
Tests:
Compelling State Interest Test - Inquiry on respondents right to religious freedom which has been burdened, and ascertains respondents sincerity in her religious belief.
Benevolent Neutrality- recognizes that government must pursue its secular interest and goals, but at the same time strive to uphold religious liberty to the greatest extent possible within flexible constitutional limits.
Sec. 6 Liberty of Abode and Freedom of Movement
Limitations:
Freedom of Movement
A. Freedom of Abode - may be impaired Only upon lawful order of the court
B. Liberty of Travel -may be impaired by a lawful order or by the executive officer on the basis of national security, public safety or public health. The impairment of this liberty is subject to judicial review.
Sec. 7 Right to Information
[See Art. II Sec. 28, Art. VI Sec. 16(4) and Art. XVI Sec. 10 Phil. Constitution]
Scope of Right to Access Information
The essence on matters of public concern
1. Official records
2. Documents pertaining to official acts
3. Government research used as basis for policy development
Exceptions: The right does not extend to matters recognized as privileged information rooted in separation of powers, nor to information on military and diplomatic secrets, information affecting national security, information of crimes by law enforcement agencies before prosecution of the accused.
Deliberative Process Privilege - applied to decision making of executive officials, rooted in common law privilege that there is a government privilege against public disclosure with respect to the state secrets regarding military, diplomatic and other security matters.
Effectivity of publication of laws and regulations shall be 15 days after publication unless a different effectivity date is fixed by the legislature. [Tanada vs. Tuvera]
Sec. 8 Right to form Association
[See Art. IX-B Sec. 2(5), Art. XIII Sec. 3 Phil. Constitution and Art. 245 Labor Code]
The right to association and the right to unionize of government employees do not include the right to strike, walkouts, and other temporary work stoppages.
The right of the sovereign to prohibit strikes or work stoppage to public officials and employees.
Sec. 9 Eminent Domain/ Power of Expropriation
[See Art. XII Sec. 18, Art. XIII Sec. 4 & 9 and Art. XIV Sec.13 Phil. Constitution]
Eminent Domain is an inherent power of the State that enables it to forcibly acquire private lands intended for public use upon payment of just compensation to the owner.
Requisites for taking Eminent Domain:
1. The expropriator must enter private property
2. Entry must be for more than a momentary period.
3. Entry must be under warrant or color of legal authority.
4. Property must be devoted to public use or otherwise informally appropriated or injuriously affected.
5. Utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.
*Title to the property shall not be transferred until after actual payment of just compensation is made to the owner.
Just compensation
GR: At the time of the filing of the case
Exception: if the value of the property increased because of the use to which the expropriator has put it, the value is that of the time of the taking.
Legal interest of 6%, time when payment is due to actual payment.
Delay of payment
GR: For non-payment, the remedy is to demand payment of the fair market value of the property and not the recovery of possession of the expropriated lots.
Exception: When the government fails to pay just compensation within 5 years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their property.
The following may exercise the power of expropriation:
1. Congress
2. President of the Philippines
3. Various local legislative bodies
4. Certain public corporations like Land Authority, National Housing Authority
5. Quasi-public corporations: PLDT, Meralco, Phil. National Railways
Sec. 10 Non-Impairment Contracts Clause
Impairment is anything that diminishes the efficacy of the contract.
*If the law is a proper exercise of police power, it will prevail over the contract.
When Non-Impairment Clause prevails:
1. Against power of taxation
2. Regulation of loans
When Non-Impairment Clause yields:
1. Valid exercise of police power.
2. Statute that exempts a party from any one class of taxes
3. Against freedom of religion
4. Judicial or quasi-judicial order
Sec. 11 Legal Assistance and Free Access to the Courts
[Rule 3 Sec. 21 and Rule 141 Sec.19 ROC, RA 9999 Sec. 4&5]
Inspired by the social justice policy and covered by the equal protection clause.
Laurel Law: permits the provisional release of the accused without the necessity of posting bail under certain conditions.
Sec.12 Rights of the Accused
[See Art. III Sec. 12, 13, 14, 17, 19 &21 Phil. Constitution]
Miranda Rights
1. To remain silent
2. Right to counsel of his choice, but if he cannot afford, then the Government shall provide and appoint one, an independent and competent counsel.
3. To be informed of such rights.
4. Rights cannot be waived except in writing and signed by the person in the presence of his counsel.
The right to remain silent and the right to counsel may be waived, but not the right to be informed of these rights.
*Rights are available Only during custodial investigation RA7438.
Custodial investigation or in custody interrogation of the accused persons.
The right to counsel is NOT Available during a police line-up as thus is not considered part of the custodial investigation.
Custodial Investigation [RA7438]
Involves any questioning initiated by law enforcement.
Extrajudicial Confession to be admissible; {VC-WE}
1. Voluntary
2. With assistance of counsel
3. In writing
4. Express
Exlusionary Rule: Confession or admission obtained in violation or Art. III Secs. 12 & 17 Phil Constitution shall be inadmissible in evidence.
Rule on Waiver:
1. Must be in writing
2. Made in the presence of counsel
Burden of Proving Voluntary Waiver
Presumption against the waiver and burden of proof lies with the prosecution. Prosecution must prove with strongly convincing evidence to the satisfaction of the Court.
Sec. 13 Right to Bail
[See Rule 114 Sec. 1, 5 & 9 ROC]
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.
Bail is a matter or Right, however it neither becomes discretionary, if the offense is punishable by reclusion perpetua [20 years and 1 day to 40 years] when evidence of guilt is STRONG, bail shall be denied.
Availability of Bail
GR: All persons under custody of the law.
Exceptions:
1. Those charged with capital offense when evidence of guilt is strong.
2. Military Men
Basis of right to bail: Presumption of innocence
Bail may be granted by exception Only upon a clear and convincing showing:
1. Once granted bail, the applicant will not be a flight risk or a danger to the community.
2. There exist special, humanitarian and compelling circumstances as a matter of reciprocity.
Waiver of Right to Bail
The right to bail is not impaired by the suspension of the privilege of the writ of habeas corpus.
Equipoise Rule
Where the evidence adduced by the parties is evenly balanced, the constitutional presumption of innocence should tilt the balance in favor of the accused.
The requirement of proof beyond reasonable doubt is a necessary corollary of the constitutional right to be presumed innocent.
Bail shall be denied or cancelled [Rule 114 Sec.5 ROC]:
1.That he is a recidivist, quasi-recidivist or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteracion.
2. That he has previously escaped from legal confinement, evaded sentence or violated conditions of his bail without valid justification.
3. That he committed the offense while under probation, parole, or conditional pardon.
4. That the circumstances of his case indicate probability of flight if released on bail.
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
Sec. 14 Criminal Due Process
[Rule 115, Rule 119 Sec.4, Rule 120 Sec.6 ROC]
Penal regulation becomes effective after 15 days after publication unless a different period is prescribed. [Art.2 NCC]
Requisites of Criminal Due Process:
1. Accused is heard by a court of competent jurisdiction
2. Accused is proceeded against under the orderly process of law
3. Accused is given notice and opportunity to be heard
4. Judgment rendered is within the authority of a constitutional law.
1. Presumption of Innocence
It is the responsibility of the prosecution to establish the defendants guilt beyond reasonable doubt, otherwise is entitled to ACQUITTAL. Conviction will depend not on the weakness of his defense, but on the strength of the prosecution.
*The presumption of regularity of performance of official functions may prevail over the constitutional presumption of innocence.
Equipoise Rule
Where the evidence adduced by the parties is evenly balanced, the constitutional presumption of innocence should tilt the balance in favor of the accused.
2. Right to be heard is indispensable
A. Assistance of counsel- a counsel de officio shall be appointed by the court, if he cannot afford the services of a retained lawyer.
A client is bound by the mistakes of his lawyer, except when there is negligence or incompetence of counsel is deemed so gross as to have prejudiced the constitutional right of the accused to be heard.
B. Right to be informed of the nature and cause of the accusation against him
Information or complaint must be stated in ordinary and concise language.
Requisites of Information:
1. Time when the offense is committed; except when time is material incident to the offense.
2. The acts or omissions constitutive of the offense must be stated in the information and fully apprise the accused charged.
3. The description, not the designation of the offense controls.
Void for Vagueness Rule
Doctrine that ambiguity of words shall be used; only requires reasonable degree of certainty for the statute to be uphold.
The right to be informed of the nature and cause of the accusations may not be waived. The right cannot be waived for reasons of public policy.
3. Right to Speedy, Impartial and Public Trial
[See Art. III Sec. 3 & 16 Phil. Constitution, RA 8493 Sec.17]
*RA 8493 provides a 30-day arraignment within the filing of the information or from the date the accused appeared before the court; trial shall commence 30 days from arraignment as fixed by the court. The entire trial period shall not exceed 180 days, except otherwise authorized by the SC Chief Justice.
4. Right to Confrontation or meet the witnesses face to face [See Rule 115 Sec. 1(f) ROC]
The right to cross-examine complainant and witnesses.
Rule on examination of a Child Witness [AM no. 004-07-SC]
The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child.
5. Right to Compulsory Process [See Rule 119 Sec. 4 ROC]
Accused entitled under the Constitution of the issuance of subpoena and subpoena duces tecum for compelling the attendance of witnesses and production of evidence that may need for his defense.
Right to compulsory process must be invoked during trial, failure to do so constitutes Waiver that cannot be rectified or undone on appeal.
*Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines, or for the taking of his depositions.
Before a Subpoena duces tecum may issue, the court must first be satisfied that the following requisites are present:
1. Test of Relevancy - that the books, documents or other things requested must appear prima facie relevant to the issue subject of the controversy.
2. Test of Definiteness - Such books must be reasonably described by the parties to be readily identified.
Exceptions: [Rule 119 Sec.4 ROC]
Trial in Absentia [Rule 120 Sec.6 ROC]
Requisites:
1. Accused failed to appear for trial despite postponement and notice
2. Failure to appear is unjustified
3. After arraignment
Consequence: Waiver of right to cross examine and present evidence.
As a general rule, subject to certain exceptions, any constitutional or statutory right may be waived if such waiver is not against public policy.
Presence of the accused is Mandatory:
1. During arraignment and plea
2. During trial for identification
3. During promulgation of sentence, unless for light offense wherein the accused may appear by counsel or by a representative.
Sec.15 Writ of Habeas Corpus
[See Art. III Sec. 13 and Art. VII Sec. 18 Phil. Constitution]
Writ of Habeas Corpus is a writ issued by a court directed to a person detaining another , commanding him to produce the body of the prisoner at a designated time and place. Restores the liberty of the individual subjected to physical restraints.
The writ of habeas corpus shall not be suspended except in cases: [Art. VII Sec.18 Phil. Constitution]
1. Lawless violence
2. Invasion or Rebellion when the public safety requires it
*Suspension of privilege does not suspend the right to bail. [Art. III Sec.13 Phil. Constitution]
Writ of Amparo is a 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 Kalikasan is a remedy against threat or violation of constitutional right to a balanced and healthy ecology by an unlawful act or omission of a public official or private individual or entity involving environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces.
Sec. 16 Speedy Disposition of Cases
[See Art. III Sec. 14(2), Art. VII Sec.15 and Art. IX-A Sec.7 Phil. Constitution; Rule 119 Sec.7 ROC]
The right is not limited to the accused in criminal proceedings, but extends to all parties in all cases, including civil and administrative cases including judicial and quasi-judicial hearings.
[Rule 119 Sec. 7 ROC]
Failure or refusal of the defendant to attend examination of depositions after notice shall be considered a waiver.
Requisites of Trial in Absentia:
1. The accused has already been arraigned
2. He has been duly notified of the trial
3. His failure to appear is unjustified.
*Also extends to all citizens including the military.
The right to be present at one's trial may now be waived except at that stage where the prosecution intends to present witnesses who will identify the accused.
Escaping is deemed to have received the due notice and thus unjustifiably failed to appear.
Sec. 17 Right Against Self-Incrimination
[ Art. III Sec. 12 and Art. XIII Sec.18(8) Phil. Constitution]
Incrimination is to make someone appear guilty of a crime.
*Right may be claimed not only by the accused but also by any witness to whom a question calling for an incriminating answer is addressed.
Rules:
1. Only an ordinary witness may invoke since, the witness has no way of knowing in advance the nature or effect of the question placed on him.
2. In criminal prosecution, the accused may not be compelled to take the witness stand on the reasonable assumption that the purpose of the interrogation will be to incriminate him.
*Scope: the kernel of the right is not against all compulsion, but testimonial compulsion only.
[Art. XIII Sec. 18(8) Phil. Constitution]
The Commission on Human Rights shall have the power and function to grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidences is necessary or convenient to determine the truth in any investigation conducted by it or under its authority.
Use immunity prohibits use of a witness compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness.
Transactional immunity grants immunity to witness from prosecution for an offense to which his compelled testimony relates.
Waiver: the right against self incrimination may be waived , to invoke it, provided the waiver is certain, unequivocal and intelligently made.
Sec. 18 Involuntary Servitude
[Art. II Sec.4 Phil. Constitution; Art.272 RPC]
GR: No involuntary Servitude
Exceptions:
1. Punishment for a crime whereof the party shall have been duly convicted.
2. Service in defense of the State [Art. II Sec. 4 Phil. Constitution]
3. Naval (Merchant Marine) enlistment
4. Posse Comitatus
5. Return to work under industries affected with public interest
6. Patria potestas
Sec. 19 Prohibited Punishments
[Art. XIII Phil. Constitution, Art. 66 RPC, PD 818, RA9346]
Cruel and unusual punishment are prohibited. Unusual punishment is not prohibited especially if it makes the penalty less severe.
*All death sentences pending on Feb. 2, 1987 were automatically reduced to reclusion perpetua [20 years and 1 day to 40 years].
Art. 66 RPC
Not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.
PD818
The decree increasing the penalty for estafa committed through the issuance of bouncing checks is constitutional. It is not cruel, degrading nor inhuman punishment.
*Plea of guilt in capital offenses, the trial court must conduct a searching inquiry into the voluntariness of the plea and the accused full comprehension of the consequences thereof.
*Automatic review in death penalty cases proceed even in the absence of the accused, it also includes an appeal of the less serious crime not punishable by death, but arising out of the same occurred or committed by the accused on the same occassion.
RA 9346 (June 24, 2006)
The Act prohibiting the imposition of death penalty in the Philippines
Sec. 20 Non-Imprisonment for Debts
Debt - any civil obligation arising from a contract, express or implied.
Tax - a specific sum levied upon any person belonging to a certain class without regard to property or occupation.
* A tax is not a debt, since it is an obligation arising from law. Hence, non payment maybe validly punished with imprisonment.
*Though a debtor cannot be imprisoned for failure to pay debt, but can be validly punished in a criminal action for fraud.
BP 115 on Trust Receipts Law is a valid exercise of police power and does not violate the constitution.
Sec. 21 Double Jeopardy or Res Judicata in Prison Grey
[Rule 117 Sec. 7 & 8 ROC]
Requisites of Double Jeopardy [Rule 117 Sec. 7 ROC]
1. A valid complaint or information
2. Filed before a competent court
3. Arraignment and plea by the accused
4. Conviction, acquittal or dismissal of the case without the express consent of the accused.
*Only Exception: where there is a finding of a MISTRIAL resulting to denial of due process.
[Rule 117 Sec. 8 ROC]
As it took effect on Dec. 1, 2000, provides a time bar of 2 years within the State may revive criminal cases provisionally dismissed with the express consent of accused and prior notice to the offended.
Certiorari will issue only to correct errors of jurisdiction, NOT errors of procedure or mistakes in the findings or conclusions of the lower court.
Doctrine of Supervening Event [Rule 117 Sec.7 ROC]
The accused may still be prosecuted for another offense if a subsequent development of changes the character of the first indictment under which may have already been charged or convicted.
A. The graver offense developed due to supervening facts arising from the same act or omission.
B. The facts constituting the graver offense arose or were discovered only after the filing of the former complaint or information.
C. The plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party.
Requisites of Double Jeopardy [Rule 117 Sec. 7 ROC]
1. A valid complaint or information
*Double jeopardy does not attach in preliminary investigation where original information is defective and the case is dismissed on motion of the accused, it may be validly renewed with the filing of the correct information. Without express consent of the accused, the information is dismissed on the ground it is defective yet not another prosecution based on the same allegation shall constitute double jeopardy.
2. Filed before a competent court
*Jurisdiction must exist.
3. Arraignment and plea by the accused
*Jurisdiction over the defendant, if the defendant had not yet arraigned; double jeopardy may not be invoked.
*Valid plea; the judgment of conviction is appealable within 15 days but becomes final if convict starts serving his sentence even before the expiration of the period.
4. Conviction, acquittal or dismissal of the case without the express consent of the accused.
* Dismissal of Action:
A. Permanent dismissal refers to the termination of the case on the merits, resulting to either conviction or acquittal of the accused; prosecutions failure to prosecute; dismissal on the ground of unreasonable delay in the proceedings in violation of the right of the accused to speedy trial.
B. Provisional dismissal of a criminal case is dismissal without prejudice to reinstatement thereof before the order or dismissal becomes final; or to the subsequent filing of a new information within the provisions periods allowed by the RPC and ROC.
*Dismissal of an action on procedural grounds not being on acquittal foes not give rise to double jeopardy.
* The grant of demurrer to evidence is equivalent to an acquittal.
*Discharge of co-accused.
*Amended decision of acquittal is considered null and void for violating the right against double jeopardy.
Sec.22 Ex post facto and Bill of Attainder
Ex post facto law:
Characteristics:
1. It refers to criminal matters
2. It is retroactive in application
3. It works to prejudice the accused.
Bill of Attainder
A legislative act that inflicts punishment without trial.
Characteristic: It substitutes legislative fiat for a judicial determination of guilt.
The State cannot set up a Church, nor pass laws which aid one religion nor influence a person to go to or remain away from Church against his will.
Exceptions from the Phil. Constitution:
1. Art. VI Sec. 28(3)
2. Art. VI Sec. 29(2)
3. Art. XIV Sec. 3(3)
4.Art. XIV Sec. 4(2)
2. Freedom of religious profession and worship
A. Right to believe
B. Freedom to act on one's belief
Tests:
Compelling State Interest Test - Inquiry on respondents right to religious freedom which has been burdened, and ascertains respondents sincerity in her religious belief.
Benevolent Neutrality- recognizes that government must pursue its secular interest and goals, but at the same time strive to uphold religious liberty to the greatest extent possible within flexible constitutional limits.
Sec. 6 Liberty of Abode and Freedom of Movement
Limitations:
Freedom of Movement
A. Freedom of Abode - may be impaired Only upon lawful order of the court
B. Liberty of Travel -may be impaired by a lawful order or by the executive officer on the basis of national security, public safety or public health. The impairment of this liberty is subject to judicial review.
Sec. 7 Right to Information
[See Art. II Sec. 28, Art. VI Sec. 16(4) and Art. XVI Sec. 10 Phil. Constitution]
Scope of Right to Access Information
The essence on matters of public concern
1. Official records
2. Documents pertaining to official acts
3. Government research used as basis for policy development
Exceptions: The right does not extend to matters recognized as privileged information rooted in separation of powers, nor to information on military and diplomatic secrets, information affecting national security, information of crimes by law enforcement agencies before prosecution of the accused.
Deliberative Process Privilege - applied to decision making of executive officials, rooted in common law privilege that there is a government privilege against public disclosure with respect to the state secrets regarding military, diplomatic and other security matters.
Effectivity of publication of laws and regulations shall be 15 days after publication unless a different effectivity date is fixed by the legislature. [Tanada vs. Tuvera]
Sec. 8 Right to form Association
[See Art. IX-B Sec. 2(5), Art. XIII Sec. 3 Phil. Constitution and Art. 245 Labor Code]
The right to association and the right to unionize of government employees do not include the right to strike, walkouts, and other temporary work stoppages.
The right of the sovereign to prohibit strikes or work stoppage to public officials and employees.
Sec. 9 Eminent Domain/ Power of Expropriation
[See Art. XII Sec. 18, Art. XIII Sec. 4 & 9 and Art. XIV Sec.13 Phil. Constitution]
Eminent Domain is an inherent power of the State that enables it to forcibly acquire private lands intended for public use upon payment of just compensation to the owner.
Requisites for taking Eminent Domain:
1. The expropriator must enter private property
2. Entry must be for more than a momentary period.
3. Entry must be under warrant or color of legal authority.
4. Property must be devoted to public use or otherwise informally appropriated or injuriously affected.
5. Utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.
*Title to the property shall not be transferred until after actual payment of just compensation is made to the owner.
Just compensation
GR: At the time of the filing of the case
Exception: if the value of the property increased because of the use to which the expropriator has put it, the value is that of the time of the taking.
Legal interest of 6%, time when payment is due to actual payment.
Delay of payment
GR: For non-payment, the remedy is to demand payment of the fair market value of the property and not the recovery of possession of the expropriated lots.
Exception: When the government fails to pay just compensation within 5 years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their property.
The following may exercise the power of expropriation:
1. Congress
2. President of the Philippines
3. Various local legislative bodies
4. Certain public corporations like Land Authority, National Housing Authority
5. Quasi-public corporations: PLDT, Meralco, Phil. National Railways
Sec. 10 Non-Impairment Contracts Clause
Impairment is anything that diminishes the efficacy of the contract.
*If the law is a proper exercise of police power, it will prevail over the contract.
When Non-Impairment Clause prevails:
1. Against power of taxation
2. Regulation of loans
When Non-Impairment Clause yields:
1. Valid exercise of police power.
2. Statute that exempts a party from any one class of taxes
3. Against freedom of religion
4. Judicial or quasi-judicial order
Sec. 11 Legal Assistance and Free Access to the Courts
[Rule 3 Sec. 21 and Rule 141 Sec.19 ROC, RA 9999 Sec. 4&5]
Inspired by the social justice policy and covered by the equal protection clause.
Laurel Law: permits the provisional release of the accused without the necessity of posting bail under certain conditions.
Sec.12 Rights of the Accused
[See Art. III Sec. 12, 13, 14, 17, 19 &21 Phil. Constitution]
Miranda Rights
1. To remain silent
2. Right to counsel of his choice, but if he cannot afford, then the Government shall provide and appoint one, an independent and competent counsel.
3. To be informed of such rights.
4. Rights cannot be waived except in writing and signed by the person in the presence of his counsel.
The right to remain silent and the right to counsel may be waived, but not the right to be informed of these rights.
*Rights are available Only during custodial investigation RA7438.
Custodial investigation or in custody interrogation of the accused persons.
The right to counsel is NOT Available during a police line-up as thus is not considered part of the custodial investigation.
Custodial Investigation [RA7438]
Involves any questioning initiated by law enforcement.
Extrajudicial Confession to be admissible; {VC-WE}
1. Voluntary
2. With assistance of counsel
3. In writing
4. Express
Exlusionary Rule: Confession or admission obtained in violation or Art. III Secs. 12 & 17 Phil Constitution shall be inadmissible in evidence.
Rule on Waiver:
1. Must be in writing
2. Made in the presence of counsel
Burden of Proving Voluntary Waiver
Presumption against the waiver and burden of proof lies with the prosecution. Prosecution must prove with strongly convincing evidence to the satisfaction of the Court.
Sec. 13 Right to Bail
[See Rule 114 Sec. 1, 5 & 9 ROC]
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.
Bail is a matter or Right, however it neither becomes discretionary, if the offense is punishable by reclusion perpetua [20 years and 1 day to 40 years] when evidence of guilt is STRONG, bail shall be denied.
Availability of Bail
GR: All persons under custody of the law.
Exceptions:
1. Those charged with capital offense when evidence of guilt is strong.
2. Military Men
Basis of right to bail: Presumption of innocence
Bail may be granted by exception Only upon a clear and convincing showing:
1. Once granted bail, the applicant will not be a flight risk or a danger to the community.
2. There exist special, humanitarian and compelling circumstances as a matter of reciprocity.
Waiver of Right to Bail
The right to bail is not impaired by the suspension of the privilege of the writ of habeas corpus.
Equipoise Rule
Where the evidence adduced by the parties is evenly balanced, the constitutional presumption of innocence should tilt the balance in favor of the accused.
The requirement of proof beyond reasonable doubt is a necessary corollary of the constitutional right to be presumed innocent.
Bail shall be denied or cancelled [Rule 114 Sec.5 ROC]:
1.That he is a recidivist, quasi-recidivist or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteracion.
2. That he has previously escaped from legal confinement, evaded sentence or violated conditions of his bail without valid justification.
3. That he committed the offense while under probation, parole, or conditional pardon.
4. That the circumstances of his case indicate probability of flight if released on bail.
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
Sec. 14 Criminal Due Process
[Rule 115, Rule 119 Sec.4, Rule 120 Sec.6 ROC]
Penal regulation becomes effective after 15 days after publication unless a different period is prescribed. [Art.2 NCC]
Requisites of Criminal Due Process:
1. Accused is heard by a court of competent jurisdiction
2. Accused is proceeded against under the orderly process of law
3. Accused is given notice and opportunity to be heard
4. Judgment rendered is within the authority of a constitutional law.
1. Presumption of Innocence
It is the responsibility of the prosecution to establish the defendants guilt beyond reasonable doubt, otherwise is entitled to ACQUITTAL. Conviction will depend not on the weakness of his defense, but on the strength of the prosecution.
*The presumption of regularity of performance of official functions may prevail over the constitutional presumption of innocence.
Equipoise Rule
Where the evidence adduced by the parties is evenly balanced, the constitutional presumption of innocence should tilt the balance in favor of the accused.
2. Right to be heard is indispensable
A. Assistance of counsel- a counsel de officio shall be appointed by the court, if he cannot afford the services of a retained lawyer.
A client is bound by the mistakes of his lawyer, except when there is negligence or incompetence of counsel is deemed so gross as to have prejudiced the constitutional right of the accused to be heard.
B. Right to be informed of the nature and cause of the accusation against him
Information or complaint must be stated in ordinary and concise language.
Requisites of Information:
1. Time when the offense is committed; except when time is material incident to the offense.
2. The acts or omissions constitutive of the offense must be stated in the information and fully apprise the accused charged.
3. The description, not the designation of the offense controls.
Void for Vagueness Rule
Doctrine that ambiguity of words shall be used; only requires reasonable degree of certainty for the statute to be uphold.
The right to be informed of the nature and cause of the accusations may not be waived. The right cannot be waived for reasons of public policy.
3. Right to Speedy, Impartial and Public Trial
[See Art. III Sec. 3 & 16 Phil. Constitution, RA 8493 Sec.17]
*RA 8493 provides a 30-day arraignment within the filing of the information or from the date the accused appeared before the court; trial shall commence 30 days from arraignment as fixed by the court. The entire trial period shall not exceed 180 days, except otherwise authorized by the SC Chief Justice.
4. Right to Confrontation or meet the witnesses face to face [See Rule 115 Sec. 1(f) ROC]
The right to cross-examine complainant and witnesses.
Rule on examination of a Child Witness [AM no. 004-07-SC]
The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child.
5. Right to Compulsory Process [See Rule 119 Sec. 4 ROC]
Accused entitled under the Constitution of the issuance of subpoena and subpoena duces tecum for compelling the attendance of witnesses and production of evidence that may need for his defense.
Right to compulsory process must be invoked during trial, failure to do so constitutes Waiver that cannot be rectified or undone on appeal.
*Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines, or for the taking of his depositions.
Before a Subpoena duces tecum may issue, the court must first be satisfied that the following requisites are present:
1. Test of Relevancy - that the books, documents or other things requested must appear prima facie relevant to the issue subject of the controversy.
2. Test of Definiteness - Such books must be reasonably described by the parties to be readily identified.
Exceptions: [Rule 119 Sec.4 ROC]
Trial in Absentia [Rule 120 Sec.6 ROC]
Requisites:
1. Accused failed to appear for trial despite postponement and notice
2. Failure to appear is unjustified
3. After arraignment
Consequence: Waiver of right to cross examine and present evidence.
As a general rule, subject to certain exceptions, any constitutional or statutory right may be waived if such waiver is not against public policy.
Presence of the accused is Mandatory:
1. During arraignment and plea
2. During trial for identification
3. During promulgation of sentence, unless for light offense wherein the accused may appear by counsel or by a representative.
Sec.15 Writ of Habeas Corpus
[See Art. III Sec. 13 and Art. VII Sec. 18 Phil. Constitution]
Writ of Habeas Corpus is a writ issued by a court directed to a person detaining another , commanding him to produce the body of the prisoner at a designated time and place. Restores the liberty of the individual subjected to physical restraints.
The writ of habeas corpus shall not be suspended except in cases: [Art. VII Sec.18 Phil. Constitution]
1. Lawless violence
2. Invasion or Rebellion when the public safety requires it
*Suspension of privilege does not suspend the right to bail. [Art. III Sec.13 Phil. Constitution]
Writ of Amparo is a 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 Kalikasan is a remedy against threat or violation of constitutional right to a balanced and healthy ecology by an unlawful act or omission of a public official or private individual or entity involving environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces.
Sec. 16 Speedy Disposition of Cases
[See Art. III Sec. 14(2), Art. VII Sec.15 and Art. IX-A Sec.7 Phil. Constitution; Rule 119 Sec.7 ROC]
The right is not limited to the accused in criminal proceedings, but extends to all parties in all cases, including civil and administrative cases including judicial and quasi-judicial hearings.
[Rule 119 Sec. 7 ROC]
Failure or refusal of the defendant to attend examination of depositions after notice shall be considered a waiver.
Requisites of Trial in Absentia:
1. The accused has already been arraigned
2. He has been duly notified of the trial
3. His failure to appear is unjustified.
*Also extends to all citizens including the military.
The right to be present at one's trial may now be waived except at that stage where the prosecution intends to present witnesses who will identify the accused.
Escaping is deemed to have received the due notice and thus unjustifiably failed to appear.
Sec. 17 Right Against Self-Incrimination
[ Art. III Sec. 12 and Art. XIII Sec.18(8) Phil. Constitution]
Incrimination is to make someone appear guilty of a crime.
*Right may be claimed not only by the accused but also by any witness to whom a question calling for an incriminating answer is addressed.
Rules:
1. Only an ordinary witness may invoke since, the witness has no way of knowing in advance the nature or effect of the question placed on him.
2. In criminal prosecution, the accused may not be compelled to take the witness stand on the reasonable assumption that the purpose of the interrogation will be to incriminate him.
*Scope: the kernel of the right is not against all compulsion, but testimonial compulsion only.
[Art. XIII Sec. 18(8) Phil. Constitution]
The Commission on Human Rights shall have the power and function to grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidences is necessary or convenient to determine the truth in any investigation conducted by it or under its authority.
Use immunity prohibits use of a witness compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness.
Transactional immunity grants immunity to witness from prosecution for an offense to which his compelled testimony relates.
Waiver: the right against self incrimination may be waived , to invoke it, provided the waiver is certain, unequivocal and intelligently made.
Sec. 18 Involuntary Servitude
[Art. II Sec.4 Phil. Constitution; Art.272 RPC]
GR: No involuntary Servitude
Exceptions:
1. Punishment for a crime whereof the party shall have been duly convicted.
2. Service in defense of the State [Art. II Sec. 4 Phil. Constitution]
3. Naval (Merchant Marine) enlistment
4. Posse Comitatus
5. Return to work under industries affected with public interest
6. Patria potestas
Sec. 19 Prohibited Punishments
[Art. XIII Phil. Constitution, Art. 66 RPC, PD 818, RA9346]
Cruel and unusual punishment are prohibited. Unusual punishment is not prohibited especially if it makes the penalty less severe.
*All death sentences pending on Feb. 2, 1987 were automatically reduced to reclusion perpetua [20 years and 1 day to 40 years].
Art. 66 RPC
Not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.
PD818
The decree increasing the penalty for estafa committed through the issuance of bouncing checks is constitutional. It is not cruel, degrading nor inhuman punishment.
*Plea of guilt in capital offenses, the trial court must conduct a searching inquiry into the voluntariness of the plea and the accused full comprehension of the consequences thereof.
*Automatic review in death penalty cases proceed even in the absence of the accused, it also includes an appeal of the less serious crime not punishable by death, but arising out of the same occurred or committed by the accused on the same occassion.
RA 9346 (June 24, 2006)
The Act prohibiting the imposition of death penalty in the Philippines
Sec. 20 Non-Imprisonment for Debts
Debt - any civil obligation arising from a contract, express or implied.
Tax - a specific sum levied upon any person belonging to a certain class without regard to property or occupation.
* A tax is not a debt, since it is an obligation arising from law. Hence, non payment maybe validly punished with imprisonment.
*Though a debtor cannot be imprisoned for failure to pay debt, but can be validly punished in a criminal action for fraud.
BP 115 on Trust Receipts Law is a valid exercise of police power and does not violate the constitution.
Sec. 21 Double Jeopardy or Res Judicata in Prison Grey
[Rule 117 Sec. 7 & 8 ROC]
Requisites of Double Jeopardy [Rule 117 Sec. 7 ROC]
1. A valid complaint or information
2. Filed before a competent court
3. Arraignment and plea by the accused
4. Conviction, acquittal or dismissal of the case without the express consent of the accused.
*Only Exception: where there is a finding of a MISTRIAL resulting to denial of due process.
[Rule 117 Sec. 8 ROC]
As it took effect on Dec. 1, 2000, provides a time bar of 2 years within the State may revive criminal cases provisionally dismissed with the express consent of accused and prior notice to the offended.
Certiorari will issue only to correct errors of jurisdiction, NOT errors of procedure or mistakes in the findings or conclusions of the lower court.
Doctrine of Supervening Event [Rule 117 Sec.7 ROC]
The accused may still be prosecuted for another offense if a subsequent development of changes the character of the first indictment under which may have already been charged or convicted.
A. The graver offense developed due to supervening facts arising from the same act or omission.
B. The facts constituting the graver offense arose or were discovered only after the filing of the former complaint or information.
C. The plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party.
Requisites of Double Jeopardy [Rule 117 Sec. 7 ROC]
1. A valid complaint or information
*Double jeopardy does not attach in preliminary investigation where original information is defective and the case is dismissed on motion of the accused, it may be validly renewed with the filing of the correct information. Without express consent of the accused, the information is dismissed on the ground it is defective yet not another prosecution based on the same allegation shall constitute double jeopardy.
2. Filed before a competent court
*Jurisdiction must exist.
3. Arraignment and plea by the accused
*Jurisdiction over the defendant, if the defendant had not yet arraigned; double jeopardy may not be invoked.
*Valid plea; the judgment of conviction is appealable within 15 days but becomes final if convict starts serving his sentence even before the expiration of the period.
4. Conviction, acquittal or dismissal of the case without the express consent of the accused.
* Dismissal of Action:
A. Permanent dismissal refers to the termination of the case on the merits, resulting to either conviction or acquittal of the accused; prosecutions failure to prosecute; dismissal on the ground of unreasonable delay in the proceedings in violation of the right of the accused to speedy trial.
B. Provisional dismissal of a criminal case is dismissal without prejudice to reinstatement thereof before the order or dismissal becomes final; or to the subsequent filing of a new information within the provisions periods allowed by the RPC and ROC.
*Dismissal of an action on procedural grounds not being on acquittal foes not give rise to double jeopardy.
* The grant of demurrer to evidence is equivalent to an acquittal.
*Discharge of co-accused.
*Amended decision of acquittal is considered null and void for violating the right against double jeopardy.
Sec.22 Ex post facto and Bill of Attainder
Ex post facto law:
Characteristics:
1. It refers to criminal matters
2. It is retroactive in application
3. It works to prejudice the accused.
Bill of Attainder
A legislative act that inflicts punishment without trial.
Characteristic: It substitutes legislative fiat for a judicial determination of guilt.
