Você está na página 1de 31


Section 1: No person shall be deprived of life, liberty or property without due

process of law, nor shall any person be denied the equal protection of the laws.
The Bill of Rights is a guarantee that there are certain areas of a person’s life, liberty and property which governmental
powers may not touch.
Guarantees of the Bill of Rights
The Bill of Rights focuses on civil and political rights and the guarantees in the Bill of Rights are generally self-
implementing, they can be appealed to even in the absence of implementing legislation
Powers of the government limited by the Bill of Rights
A. Police Power
“The most essential, insistent and the least limitable of powers, extending as it does to all the great public needs”
“The inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety,
and welfare of society”
Police power rests upon public necessity and upon the right of the State and of the public to self-protection. For this
reason, its scope expands and contracts with changing needs.
Who exercises police power?
The national government, through the legislative department, exercises police power. But police power is also
delegated, within limits, to local governments.
Local governments may regulate business but may not engage in the licensing or regulation of professions.
Professional regulation is given to various professional boards. Acebedo Optical Co. v. CA
Not being a political subdivision but merely an executive authority, MMDA does not possess police power. MMDA v.
Bel-Air Village Assoc.
B. Power of Eminent Domain
Government’s coercive authority, upon just compensation, to forcibly acquire a property to devote it to public use
C. Power of Taxation
Power to raise revenues
Rights protected by the Bill of Rights
A. Right to Life
Right to Life is not just a protection of the right to be alive or to the security of one’s limb against physical harm but
is the right to a good life.
B. Right to Property
Protected property includes all kinds of property found in the Civil Code. It also includes the right to work and the
right to earn a living. A mere privilege, however, may evolve into some form of property right protected by due
No right is absolute, and the proper regulation of a profession, calling, business or trade has always been upheld as a
legitimate subject of a valid exercise of the police power by the state particularly when their conduct affects either
the execution of legitimate governmental functions, the preservation of the State, the public health and welfare and
public morals. Exec. Sec. v. CA
When property is classified into historical treasures or landmarks, such classification should be done with both
procedural and substantive due process especially when it “will involve imposition of limits on ownership.” Army
and Navy Club of Manila v. CA
The right to protected property is not absolute, and can be overturned upon a showing of reasonable fair, and just
management practices by the employer. In this case, the protection of trade and manufacturing secrets is a
reasonable management practice to justify the prohibition. Duncan Assoc. v. Glaxo Wellcom Phils.
Roan Salanga I-A Consti II Page 1 of 31
Regulation against private property which constitutes a permanent deprivation of property without just
compensation is “unlawful taking” and is no longer a valid exercise of police power. People v. Fajardo
C. Right to Liberty
Only those authorized by law may bear arms. US v. Villareal
Hierarchy of Rights
The primacy of human rights over property rights is recognized.
“A mere reasonable or rational relation between the means employed by the law and its object or purpose—that the
law is neither arbitrary nor discriminatory—would suffice to validate a law which restricts or impairs property rights. On
the other hand, a constitutional or valid infringement of human rights requires more stringent criterion, namely
existence of a grave and immediate danger of a substantive evil which the State has the right to prevent.” Phil. Blooming
Mills Employees Org. v. Phil. Blooming Mills Co.
In a pension plan where employee participation is mandatory, the prevailing niew is that employees have contractual or
vested rights in the pension where the pension is part of the terms of employment. Thus, where the employee retires
and meets the eligibility requirements, he acquires a vested property right to benefits that is protected by the due
process clause. GSIS v. Montesclaros
In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are
essential to the preservation and vitality of our civil and political institutions.
Kinds of Due Process
A. Procedural Due Process
This relates chiefly to the mode of procedure which government agencies must follow in the enforcement and
application of laws. It is a guarantee of procedural fairness.
Requirements (non-criminal cases)
1. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the
subject of the proceedings
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
During the executive phase of an extradition proceeding, an extraditee does not have the right of access to evidence
in the hands of government. But during the judicial phase, he has. Secretary v. Judge Lantion
Invalidating an ordinance requires evidence, which the one assailing unconstitutionality is burdened to present and
prove. The general presumption when the State interferes with life, liberty, and property is that the action is valid.
Ermita-Malate Hotel and Motel Operators v. City of Manila
The applicable doctrine for criminal cases, in determining whether they comply with due process, is the “sufficient
warning” test, or whether or not a statutes language convey a sufficiently definite warning as to the proscribed
conduct when measured by common understanding and practice. Estrada v. Sandiganbayan
Vagueness of the Law
A law is “vague” when it lacks comprehensible standards that men “of common intelligence must necessarily guess
as to its meaning and differ as to its application. It is repugnant to the Constitution in 2 respects:
1. It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the
conduct to avoid
2. It leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the
Government muscles
Requirements (student’s disciplinary proceedings)
1. The right to be informed in writing of the nature of the accusation
2. The right to answer the charge with the assistance of counsel
3. The right to be informed of the evidence against them

Roan Salanga I-A Consti II Page 2 of 31

4. The right to adduce evidence in their own behalf
5. The right for the evidence to be duly considered by the investigating committee
6. Proportionality of the penalty to the offense
Requirements (administrative cases)
1. The right to actual or constructive notive of the institution of proceedings which may affect a respondent’s legal
2. A real opportunity to be heard personally or with the assistance of counsel, to present witnesses and evidence in
one’s favor, and to defend one’s rights
3. A tribunal vested with competent jurisdiction and so constituted as to afford a person charged administratively a
reasonable guarantee of honesty as well as impartiality
4. A finding by said tribunal which is supported by substantial evidence submitted for consideration during the
hearing or contained the records or mad known to the parties affected
Doctrines (administrative case)
A respondent in an administrative case is not entitled to be informed of the findings and recommendations of an
investigating committee created to inquire into charges filed against him but is only entitled to the administrative
decision based on substantial evidence made of record, and a reasonable opportunity to meet the charges and the
evidence presented against him during the hearing of the investigation committee. Pefianco v. Moral
Although deportation proceedings are not criminal in nature, the consequences can be as serious as those of a
criminal prosecution. The provisions in the Rules of Court for criminal cases are applicable. Lao Gi alias Chia Jr. v. CA
Quantum of proof
Administrative proceedings = substantial evidence; such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion
Notice and Hearing
In quasi-judicial proceedings, notice and hearing is always required; but in the performance of executive or
legislative functions, such as issuing rules and regulations, an administrative body need not comply with the
B. Substantive Due Process
This is a prohibition of arbitrary laws. The legislature may not, under the guise of protecting the public interest,
arbitrarily interfere with private business or impose unusual and unnecessary restrictions upon lawful occupations.
The heart of substantive due process is the requirement of “reasonableness” or absence of exercise of arbitrary
power. These are necessarily relative concepts which depend on the circumstances of every case.
Requirements (it must appear that)
1. The interests of the public generally, as distinguished from those of a particular class, require such interference
2. That the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive
upon individuals.
Requirements (for an ordinance to be valid)
1. It must not contravene the Constitution or any law
2. It must not be partial and discriminatory
3. It must not be unfair or oppressive
4. It must be consistent with public policy
5. It must merely regulate, and not prohibit trade
6. It must not be unreasonable

Equal Protection
The Equal Protection Clause is a specific constitutional guarantee of the Equality of the Person. The equality it
guarantees is “legal quality or the equality of all persons before the law.” This clause does not only prohibit the State
from passing discriminatory laws but it also commands the State to pass laws which positively promote equality or
reduce existing inequalities.

Roan Salanga I-A Consti II Page 3 of 31

The law does not require absolute equality when it comes to taxation, but rather it requires a “uniform and equitable”
system of taxation. Equality and uniformity in taxation means that all taxable articles or all kinds of property of the same
class shall be taxed at the same rate. Sison v. Ancheta
Relative Constitutionality
A statute which may have been constitutional at one time may be rendered invalid at another time because of altered
circumstances. Central Bank Employees v. Bangko Central
Three Levels of Scrutiny
1. Deferential or rational basis scrutiny—where the classification needs only to be related to a legitimate state interest
2. Middle-tier or immediate scrutiny—where the government must show that the challenged classification serves an
important State interest and that the classification is substantially related to that interest
3. Strict judicial scrutiny—in which a legislative classification which impermissibly interferes with the exercise of a
fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional, and that
the burden is upon the government to prove that the classification is necessary to achieve a compelling State
interest and that it is the less restrictive means to protect such interest
The equal protection does not prohibit classification but it must be reasonable. To be reasonable, it
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class

Section 2: The right of the people to be secured in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.
This is to protect the privacy and sanctity of the person and of his house and other possessions against arbitrary
intrusions by State officers. It prohibits unreasonable searches and seizures.
Unreasonable search and seizure
Searches and seizures are normally unreasonable unless authorized by a validly issued search warrant or warrant of
Search Warrant
A fundamental protection such that between the person and the police must stand the protective authority of a
magistrate clothed with the power to issue or refuse to issue search warrants or warrants of arrest
The constitutional proscription against unlawful searches and seizures applies as a restraint directed only against the
government and its agencies tasked with enforcement of the law and not against private individuals. People v. Marti
That there is a specific victim of a particular offense is not a requisite for a warrant to issue. Central Bank v. Morfe
Since the Commissioner on Immigration is not a judge, he may not issue warrants of arrest in aid merely of his
investigatory power. However, he may order the arrest of an alien for the purpose of carrying out a deportation order
that has already become final.
The American Court has held that a warrant and finding of probable cause are unnecessary in the public school context
because such requirements would unduly interfere with the maintenance of the swift and informal disciplinary
procedures that are needed. Vernonia Sch. District

Roan Salanga I-A Consti II Page 4 of 31

Checkpoints are not illegal per se. Under exceptional circumstances, as where the survival of organized government is on
the balance, or where the lives and safety of the people are in grave peril, checkpoints may be allowed and installed by
the government. Routine inspection and a few questions do not constitute unreasonable searches. If the inspection
becomes more thorough to the extent of becoming a search, this can be done when there is deemed to be probable
cause. In the latter situation, it is justifiable as a warrantless search of a moving vehicle. Valmonte v. General de Villa
Requisites of a valid warrant
1. It must be issued upon “probable cause”
2. Probable cause must be determined personally by a judge
3. Such judge must examine under oath or affirmation the complainant and the witnesses he may produce
4. The warrant must particularly describe the place to be searched and the person or things to be seized
Probable Cause
It means such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to
induce a cautious man to rely upon them.
Probable Cause for the issuance of a warrant of arrest
Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has
been committed by the person sought to be arrested.
Probable Cause for a search
Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection with the offense are in the place sought to be searched.
Who may determine probable cause for the purpose of issuing a warrant? ONLY A JUDGE.
Who determines probable cause for the purpose of filing an information? THE PROSECUTION.
Personal Examination
What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of
the existence of probable cause. He may also rely on the fiscal’s report or if on the basis thereof he finds no probable
cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in
arriving at a conclusion as to the existence of probable cause. This means that what is required is personal
determination and not personal examination. Beltran v. Makasiar
Particularity of Description
A search warrant may be said to particularly describe the things to be seized when the description therein is as specific
as the circumstances will ordinarily allow and by which the warrant officer may be guided in making the search and
seizure. Bache & Co. v. Ruiz
It is not required that technical precision of description be required, particularly where, by the nature of the goods to be
seized, their description must be rather general, since the requirement of a technical description would mean that no
warrant could issue. People v. Tee
Its purpose is to prevent abuse by the officer enforcing the warrant by leaving him no discretion as to who or what to
search or seize.
John Doe Warrant
For “John Doe” warrant to satisfy the requirement of particularity of description, it must contain descriptio personae
such as will enable the officer to identify the accused. People v. Veloso
In determining the sufficiency of the description of the address, the executing officer’s prior knowledge of the place
intended in the warrant is relevant. Burgos Sr. v. Chief of Staff
Examination of Bank Deposits
An examination of the secrecy of bank deposits law would reveal the following allowable exceptions:
a. Where the depositor consents in writing
b. Impeachment case
c. By court order in bribery or dereliction of duty cases against public officials
Roan Salanga I-A Consti II Page 5 of 31
d. Deposit is subject of litigation
e. In cases of unexplained wealth as held in the case of PNB v. Gancayco
Specific Description Rule
1. The unreasonable search and seizure clause must be construed strictly in favor of the individual
2. The personal knowledge of the complainant when applying for a search/arrest warrant is mandatory when there is
only one complainant and no other witnesses
3. The affidavit of the witnesses is mandatory only when the primary complaint is based on hearsay
4. The description of the objects in a search warrant must be specific, unless the nature of the object dictates that the
description must be general
Exclusionary Rule
Any evidence obtained in a search or seizure without a warrant or by authority of an invalid warrant “shall be
inadmissible for any purpose in any proceeding.”
Sec. 26, Rule 114 of the Revised Rules on Criminal Procedure: An application for bail or the admission to bail by the
accused shall not be considered as a waiver of his right to assail the warrant issued for his arrest on the legalities or
irregularities thereon. Okbabe v. Judge de Leon
Goods illegally seized shall be returned unless the possession of such goods is prohibited by law. Castro v. Judge Pabalan
The objection to an unlawful search or seizure and to evidence obtained thereby is purely personal and cannot be
availed of by third parties. Stonehill v. Diokno
It is not required that the property to be searched should be owned by the person against whom the search warrant is
directed, but is sufficient that the property is under the control or possession of the person sought to be searched.
Burgos Sr. v. Chief of Staff
Allowable warrantless searches
1. Warrantless search incidental to a lawful arrest
a. The item to be searched was within the arrestee’s custody or area of immediate control
b. The search was contemporaneous with the arrest
2. Seizure of evidence in “plain view”
a. A prior valid intrusion into a place
b. The evidence was inadvertently discovered by the police who had the right to be where they are
c. The legality of the evidence must be immediately apparent
d. And is noticed without further search
3. Search of a moving vehicle
Highly regulated by the government because of its inherent mobility. But there must be a highly reasonable
suspicion amounting to probable cause that the occupant committed a criminal activity.
A fishing vessel found to be violating fishery laws may be seized without a warrant because
a. They are usually equipped with powerful motors that enable them to elude pursuit
b. The seizure would be incidental to the lawful arrest of the crew
4. Consented warrantless search
It must appear
a. The right exists
b. The person involved had knowledge, either actual or constructive, of the existence of such right
c. That said person had an actual intention to relinquish the right
5. Customs search or seizure of goods concealed to avoid duties
Except in the case of the search of a dwelling house, persons exercising police authority under the customs law may
affect search and seizure without a search warrant in the enforcement of customs laws. Thus, the seizure of an
automobile coupled with reasonable suspicion and probable cause determined by customs officials is valid.
Roan Salanga I-A Consti II Page 6 of 31
6. Stop and Frisk
“When an experienced police officer observes unusual conduct which leads him reasonably to conclude in light of
his experience that criminal activity may be afoot and that the person with whom he is dealing may be armed and
presently dangerous, he may after identifying himself frisk the person for weans”
A limited protective search of outer clothing for weapons
Two-fold interest
A. The general interest of effective crime prevention and detection
B. The more pressing interest of safety and self-preservation
7. Exigent and Emergency Circumstances
The essential requisite of probable cause must still be satisfied before a warrantless search and seizure can be
lawfully conducted
A permission granted for officers to enter a house to look for rebel soldiers does not include permission for a room
to room search for firearms. Spouses Veroy v. Layague
Warrantless Arrests
Rule 113, Section 5, Rules of Court:
A peace officer or a private person may, without warrant, arrest a person
1. When, in his presence, the person to be arrested has committed, is actually committing, or attempting to commit an
2. When an offense has in fact been committed, and he has personal knowledge of facts indicating that the person to
be arrested has committed it
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another
Buy-bust operation
A buy-bust operation is a form of entrapment. The method is for an officer to pose as a buyer. He, however, neither
instigates nor induces the accused to commit a crime.
Any objection involving a warrant of arrest or procedure in the acquisition by the court of jurisdiction over the person of
the accused must be made before he enters his plea, otherwise the objection is deemed waived. People v. Cabiles
Jurisprudence is settled that an accused is stopped from assailing the illegality of his arrest if he fails to move for the
quashing of the Information against him before his arraignment. People v. Hernandez
Tests on Entrapment Case
1. Objective test—whether or not the conduct of the police officer was likely to induce a normally law-abiding person,
other than the one who is ready and willing, to commit the offense
2. Subjective test—also known as the Predisposition Test; it emphasizes the accused’s propensity to commit the
offense rather than the officer’s misconduct

Section 3: The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in any proceeding.
Forms of correspondence and communication
It covers letters, messages, telephone calls, telegrams and the like.
When is intrusion allowed?
Intrusion into the privacy of communication and correspondence is allowed upon lawful order of the court or when
public safety and order requires otherwise as prescribed by law.

Roan Salanga I-A Consti II Page 7 of 31

Particularity of description
Written correspondence: there should be no inconvenience in requiring particularity of description
a. the identity of the person or persons whose communication is to be intercepted
b. the identity of the offense or offenses sought to be prevented
c. the period of the authorization given can be specified
When intrusion is made without a judicial order, it would have to be based upon a government official’s assessment that
public safety and order demand such intrusion.
An executive officer can order intrusion when in his judgment and even without prior court approval, he believes that
public safety or order so requires.
Public order and safety = the security of human lives, liberty and property against the activities of invaders,
insurrectionists, and rebels
Anti-Wiretapping Law
RA 4200 provides penalties for specific violations of private communication.
Sec.1 of RA 4200: It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly
overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone
or dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described.

Section 4: No law shall be passed abridging the freedom of speech, of expression,

or of the press, or the right of the people peaceably to assemble and petition
the government for redress of grievances.
Speech, expression and press include every form of expression, whether oral, written, tape or disc recorded. It also
includes movie as well as what is referred to as symbolic speech such as the wearing of an arm band as a symbol of
protest. Peaceful picketing has also been included within the meaning of speech.
Prohibition of Prior Restraint
Prior Restraint means official government restrictions on the press or other forms of expression in advance of actual
publication or dissemination. Its most blatant form is a system of licensing administered by an executive officer.
Licensing System:
a. press censorship
b. movie censorship
c. judicial prior restraint—takes the form of an injunction against publication
The provision on freedom of expression must be read in conjunction with the power given to the Comelec to supervise
and regulate media during election as well as with the various provisions in the Constitution which place a high premium
on equalization of opportunities.
The effect of the constitutional grant of power to the Comelec to regulate media is no presumption of invalidity arises in
respect of exercises of supervisory or regulatory authority on the part of the Comelec. NPC v. Comelec
Commercial Speech
This is a communication which “no more than proposes a commercial transaction.” Advertisement of goods or of
services is an example.
Requirements for government to validly curtail commercial speech
1. the commercial speech must not be false or misleading and should not proposes an illegal transaction
2. the government has a substantial interest to protect
3. the regulation directly advances that interest
4. the regulation is not more extensive than is necessary to protect that interest

Roan Salanga I-A Consti II Page 8 of 31

Subsequent Punishment
This has an effect of curtailing expression.
Tests for regulation of expression
1. Dangerous tendency test
There be a rational connection between the speech and the evil apprehended
2. Clear and Present danger test
The question in every case is whether the words used are used in such circumstances and are of such a nature as to
create a clear and present danger that they will bring about the substantive evils that Congress has a right to
prevent. It is a question of proximity and degree.
Four instances where clear and present danger test applies (Iglesio ni Kristo v. CA)
a. speeches that advocate dangerous ideas
b. speeches that provoke a hostile audience reaction
c. speeches out of contempt
d. release of information that endangers free trial
3. Balancing of interests test
If on balance it appears that the public interest served by restrictive legislation is of such a character that it
outweighs the abridgment of freedom, then the Court will find the legislation valid. In short, the balance-of-interests
theory rests on the basis that constitutional freedoms are not absolute, not even those stated in the First
Amendment, and that they may be abridged to some extent to serve appropriate and important interests. Gonzales
v. Comelec
Factors that are necessarily relevant in ascertaining the point or line of equilibrium
a. The social values and importance of the specific aspect of the particular freedom restricted by the legislation
b. The specific thrust of the restriction, ie. whether the restriction is direct or indirect, whether or not the persons
affected are few
c. The value and importance of the public interest sought to be secured by the legislation—the reference here is to
the nature and gravity of the evil which Congress seeks to prevent
d. Whether the specific restriction decreed by Congress is reasonably appropriate and necessary for the protection
of such public interest
e. Whether the necessary safeguarding of the public interest involved may be achieved by some other measure
less restrictive of the protected freedom
RA 4880 prohibits the too early nomination of political candidates and limits the period for partisan political activity. Its
purpose is to prevent the debasement of the political process. In determining the validity of the law, free speech as a
social value must be weighed against the political process as a social value. Gonzales v. Comelec
Criticism, no matter how severe, on the Executive, Legislature or Judiciary is within the range of liberty of speech unless
the intention and effect be seditious. People v. Perez
O’Brien Test (a governmental regulation is sufficiently justified if):
1. It is within the constitutional power of the Government
2. It furthers an important or substantial governmental interest
3. The governmental interest is unrelated to the suppression of free expression
4. If the incidental restriction on alleged freedom is no greater than is essential to that interest
Unprotected Speech
There are certain well defined and narrowly limited classes of speech, the prevention and punishment of which has
never been thought to raise any constitutional problems. These are (1) libel and (2) obscenity, it has been well observed
that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth
that any benefit that may be derived from them is clearly outweighed by the social interests in order and morality.

Roan Salanga I-A Consti II Page 9 of 31

Censorship (film) Freedman v. Maryland
1. The burden of providing that the film is unprotected expression must rest on the censor
2. While the State may require advance submission of all films, in order to proceed effectively to bar all showings of
unprotected films, the requirement cannot be administered in a manner which would lend an effect of finality to the
censor’s determination whether a film constitutes protected expression
A libel is a public and malicious imputation of a crime, or of a vice or a defect, real or imaginary, or any act, omission,
condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a natural or juridical person,
or to blacken the memory of one who is dead. Article 353 of the RPC
1. The allegation of a discreditable act or condition concerning another
2. Publication of the charge
3. Identity of the person defamed
4. Existence of malice
Malicious Defamatory Imputation
There is malice when the author of the imputation is prompted by ill-will or spite and speaks not in response to duty but
merely to injure the reputation of the person who claims to have been defamed
Publication in Libel
It means making the defamatory matter, after it has been written, known to someone other than the person to whom it
has been written.
Privileged Communication
The concept of privileged communications is implicit in the freedom of the press.
The rule on privileged communication is that a communication made in good faith on any subject matter in which the
communicator has an interest, or concerning which he has a duty, is privileged if made to a person having a
corresponding interest, although it contains incriminatory matter which, without the privilege, would be libelous and
actionable. Ledesma v. CA
Immunity of Derogatory Remarks in Newspaper
To enjoy immunity, a publication containing derogatory information must be not only be true but also fair and it must be
made in good faith and without comments or remarks.
Libel of Public Officials and Public Figures
The Constitutional guarantee requires a federal rule that prohibits a public official from recovering damages for a
defamatory falsehood relating to his official conduct unless he proves that the statement was made in “actual malice.”
Actual Malice
It means with knowledge that it was false or with reckless disregard of whether it was false or not. NY Times v. Sullivan
This rule was later extended to defamation of private sector public figures, barangay official and a PCGG Commissioner.
Obscenity and Indecency
Test for obscenity
1. Whether the average person, applying contemporary community standards would find that the work, taken as a
whole, appeals to the prurient interest
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the
applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
Obscenity may be banned. But attempts to regulate sex which does not come under the definition of obscenity for the
purpose of protecting minors have failed on the argument that the regulations deprive adults of shows which do not
come under the definition of obscenity and are therefore legitimate for adults, such as internet sex.

Roan Salanga I-A Consti II Page 10 of 31

Assembly and Petition
The right of peaceable assembly is a right cognate to those of free speech and press and is equally fundamental. Since
the right of assembly and petition is equally as fundamental as freedom of expression, the standards for allowable
impairment of speech and press are also used for assembly and petition.
The Mayor possessed “reasonable discretion to determine or specify the streets or public places to be used for the
assembly in order to secure convenient use thereof by others and provide adequate and proper policing to minimize the
risks of disorder and maintain public safety and order.
The applicant for a permit to hold an assembly should inform the licensing authority of the date, the public place where
and the time when it will take place.
Disciplinary action may be taken against students for conduct which “materially disrupts class work or involves
substantial disorder or invasion of the rights of others.”
Requirements (for permit to be granted)
1. To justify limitations on freedom of assembly, there must be proof of sufficient weight to satisfy the clear and
present danger test
2. There is no showing that the distance between the chancery and the gate is less than 500 feet. In accordance with
Vienna Convention which prohibits rallies or demonstrations within a radius of 500 feet from any foreign mission or
Demonstrations allowed in the vicinity of courts
Demonstrators, picketers, rallyists and all other similar persons are enjoined from holding any activity on the sidewalks
and streets adjacent to, in front of, or within a radius of 200 meters from, the outer boundary of the SC Building, any
Hall of Justice, and any other building that houses at least one sala. Such activities unquestionably interrupt and hamper
the working conditions in the sala, offices and chambers of the courts.
Court’s exercise of its power of judicial review
1. There is an actual case or controversy involving a conflict of rights susceptible of judicial determination
2. The constitutional question is raised by a proper party and at the earliest opportunity
3. The constitutional question is the very lis mota of the case

Section 5: No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil
or political rights.
Principal parts of Section 5:
1. The non-establishment clause—prohibits the establishment of any religion
2. The free exercise clause—guarantees the free exercise of religion
Other provisions expressing non-establishment principle
a. Sec. 29 (2) of Art. 6—No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium
b. Sec. 6 of Art. 2—The separation of Church and State shall be inviolable
c. Sec. 2(5) of Art. 9-C—prohibits religious denominations and sects from being registered as political parties or
Purpose of the non-establishment clause
It protects 2 values, which are, voluntarism and insulation of the political process from interfaith dissension
Intended to erect “a wall of separation between Church and State:

Roan Salanga I-A Consti II Page 11 of 31

Meaning of the non-establishment clause
The State cannot
a. set up a church
b. pass laws which aid one religion, aid all religions, or prefer one religion over the other
c. openly or secretly participate in the affairs of any religious organizations or groups and vice versa
Allowable government aid to religion
The government aid must have
1. a secular legislative purpose
2. a primary effect that neither advances nor inhibits religion
3. not require excessive entanglement with recipient institutions
Ecclesiastical affair
One that concerns doctrine, creed or form or worship of the church, or the adoption and enforcement within a religious
association of needful laws and regulations for the government of the membership, and the power of excluding from
such associations those deemed unworthy of membership
Exceptions to the non-establishment clause
a. Sec. 28(3) of Art. 6— Charitable institutions, churches and personages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from taxation.
b. Sec. 29(2) of Art. 6
c. Sec. 3(3) of Art. 14— At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class hours by instructors
designated or approved by the religious authorities of the religion to which the children or wards belong, without
additional cost to the Government.
Cases/Doctrines (not in violation of non-establishment clause)
The Everson Court upheld a statute authorizing local districts to reimburse parents of Catholic school children for the
cost of bus transportation to and from parochial school. Board of Education v. Everson
The expropriation of the birthplace of Felix Manalo, founder of Iglesia ni Kristo, for the purpose of preserving it as a
historical landmark, was upheld as for “public use” and any benefits that would reap the adherents of Iglesia would only
be incidental to the public historical purpose. Manosca v. CA
There is nothing unconstitutional or illegal in holding a fiesta, as it is a socio-religious affair, and having a patron saint for
the barrio, then any activity intended to facilitate the worship of the patron saint, such as the acquisition and display of
his image, cannot be branded as illegal. Garces v. Estenzo
Lending of secular textbooks to parochial school children and the grant of construction aid for science buildings have
been allowed. Board of Education v. Allen, Lemon v. Kurtzman
Issuance of religious commemorative stamps as giving merely incidental benefits to religion is upheld. Aglipay v. Ruiz

Cases/Doctrines (in violation of non-establishment clause)

State sponsored Bible readings and prayers in public schools have been invalidated for violations of Sec. 5. School
District v. Schempp
Salary payments and reimbursements for secular textbooks and other instructional materials under a system involving
close government supervision were invalidated. Lemon v. Kurtzman

Religious practices which the government cannot encroach upon

A church member who is expelled from the membership by the church authorities, or a priest or minister who is by them
deprived of his sacred office, is without remedy in the civil courts, which will not inquire into the correctness of the
decisions of the ecclesiastical tribunals. Long and Almeria v. Basa
Certification of food as halal, one that is suitable for consumption by Muslims, is a religious exercise and cannot be
performed by a government agency. Islamic Da’wah Council v. Exec. Secretary
The Court cannot entertain a complaint about an expulsion or excommunication from a church. Taruc v. Bishop

Roan Salanga I-A Consti II Page 12 of 31

Meaning of the Free Exercise of Religion
Embraces 2 concepts:
1. Freedom to believe—absolute; the government, while it may look into the good faith of a person, cannot inquire
into a person’s religious pretensions
2. Freedom to act—subject to government regulation
Differentiation of cases of free exercise from cases of non-establishment
Every violation of the free exercise clause involves compulsion whereas a violation of the non-establishment clause need
not involve compulsion
Purpose of the prohibition of religious tests
To render the government powerless “to restore the historically and constitutionally discredited policy of probing
religious beliefs by test oaths or limiting public offices to persons who have, or profess to have a belief in some
particular kind of religious concept.” Torcaso v. Watkins
Cases/Doctrines (free exercise of religion)
Where a judge referred to the interest of Iglesia ni Kristo members in a case as “gimmickry”, the court saw violation of
free exercise. No one, much less a public official, is privileged to characterize the actuation of its adherents in a
derogatory sense. Iglesia ni Kristo v. Gironella
The State cannot require a license for the dissemination of religious literature, unless the dissemination is done as a
business operation for profit. American Bible v. City of Manila
The Flag Salute Law, requiring compulsory participation by public school students in flag ceremonies, violate the free
exercise clause saying that freedom of religion requires that protesting members be exempted from the operation of the
law. Ebralinag v. Division Superintendent of Schools of Cebu
The right to vote may yield to the right to free exercise of religion. Gillete v. US
The free exercise of religious profession or belief is superior to contract rights. Victoriano v. Elizalde Rope Workers Union
Cases/Doctrines (prohibition of religious tests)
Sec. 2175 of the Revised Administrative Code is valid and enforceable which disqualifies an “ecclesiastic” from being
elected or appointed to a municipal office. Pamil v. Teleron

Section 6: The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
Liberties guaranteed by Section 6
1. Liberty of Abode—Freedom to choose and change one’s place of abode
2. Right to Travel—Freedom to travel both within the country and outside
Impairment of the 2 liberties
1. Liberty of abode—upon lawful order of the court and within the limits prescribed by law
2. Right to travel—by administrative authorities such as passport officers, in the interest of national security, public
safety, or public health and as may be provided by law
Cases/ Doctrines
Under the Marcos regime, liberty of abode was curtailed by “hamletting” or the involuntary herding of people into one
place secured by the military, while freedom to travel was curtailed by denial of exit permits.
A person admitted to bail may be prevented by a court from leaving the country as this is a necessary consequence of
the function of a bail bond which is to secure a person’s appearance when needed. Manotoc Jr. v. CA

Section 7: The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
Roan Salanga I-A Consti II Page 13 of 31
Rights guaranteed
1. Right to information on matters of public concern
2. The corollary right of access to official records and documents
1. National security matters—state secrets regarding military, diplomatic and other national security, and information
on inter-government exchanges prior to the conclusion of treaties and executive agreements. Where there is no
need to protect state secrets, the privilege cannot still be invoked, provided that they are examined in “strict
confidence” and given “scrupulous protection”
2. Trade secrets and banking transactions—pursuant to Intellectual Property Code, Secrecy of Bank Deposits Act, and
other related laws
3. Criminal matters
4. Other confidential matters—diplomatic correspondence, closed door Cabinet meetings and executive sessions of
Congress, and the internal deliberations of the SC. Chavez v. President Commission on Good Government
Subject to limitations as may be provided by law
The standards developed for the regulation of speech and press and of assembly and petition and of association are
applicable to the right of access to information
Right of access “to government research data used as basis for policy development”
This has reference to government funded research data
Information must be a matter of public concern
Public concern embraces a broad spectrum of subjects which the public may want to know, either because these directly
affect their lives or simply because such matters arouse the interest of an ordinary citizen
The right to information is a “public right”
Hence, any citizen has “standing” to assert the right to information
Information on on-going evaluation or review of bids or proposals being undertaken by the bidding or review committee
is not immediately accessible under the right to information. While it is still on-going, there are no “official acts,
transaction, or decisions” on the bids or proposals. However, once the committee makes its official recommendation,
there arises a “definite proposition” on the part of the government. From this moment, the public’s right to information
attaches, and any citizen can access all the non-propriety information leading to such definite proposition. Chavez v. PEA
RA 6713, Code of Conduct and Ethical Standards for Public Officials and Employees, provides that, in the performance of
their duties, all public officials and employees are obliged to respond to letters sent by the public within 15 working days
from receipt thereof and to ensure the accessibility of all public documents for inspection by the public within
reasonable working hours, subject to the reasonable claims of confidentiality. Gonzales v. Narvasa
A public agency, like the GSIS, cannot invoke the right to privacy as it belongs to the individual and not to a corporation.
The public nature of the loanable funds of the GSIS and the public office held by the alleged borrowers make the
information sought a matter of public concern. Government, whether carrying out its sovereign attributes or running
some business, discharges the same function of service to the people. Valmonte v. Belmonte Jr.
The right of access is also subject to reasonable regulation for the convenience of and order in the office that has
custody of the documents. Baldoza v. Judge Dimaano
While public officers in custody or control of public records have the discretion to regulate the manner in which such
records may be inspected, examined or copied by interested persons, such discretion does not carry with it the authority
to prohibit access, inspection, examination or copying. Lantaco Sr. v. Llamas

Section 8: The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
The right to form associations is a general right of liberty; it is an aspect of freedom of contract

Roan Salanga I-A Consti II Page 14 of 31

Art. 245 of the Labor Code is valid because the right guaranteed in Art. 3 Sec. 8 is subject to the condition that its
exercise should be for purposes not contrary to law. Art. 245 prohibits managerial employees from forming or joining
labor organizations because if these managerial employees would belong to or be affiliated with a Union, the latter
might not be assured of their loyalty to the Union in view of evident conflict of interest. Philips Industrial Development v.
NLRC and United Pepsi-Cola Supervisory Union v. Laguesma
The degree of protection an association enjoys depends on the position which the association’s objective or activity
occupies in the constitutional hierarchy of values. NAACP v. Alabama
The right to strike it is not included in the right to form unions. It may be denied by law for valid reasons. The SC has
ruled that employees of SSS and public school teachers do not have a constitutional right to strike. SSS v. CA and Manila
Public School Teachers Assoc. v. Secretary of Education

Section 9: Private property shall not be taken for public use without just
Power of Eminent Domain
The ultimate right of the sovereign power to appropriate, not only the public, but even the private property of all
citizens within the territorial sovereignty, to public purposes. Charles River Bridge v. Warren Bridge
Constitutional provisions on eminent domain
1. Sec. 9 of Art. 3—sets down the limits on the inherent power
2. Sec. 18 of Art. 12—public utilities; The State may, in the interest of national welfare or defense, establish and
operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government.
3. Sec. 4 of Art. 13—land reform
4. Sec. 22 of Art. 18—idle or abandoned agricultural lands
Power of eminent domain resides
It is possessed by the State and is exercised by the national government. But by delegation, it may also be possessed by
local governments, other public entities, and public utilities.
This power is inalienable which means that the state cannot enter into a contract which in effect binds it not to exercise
the power of eminent domain.
Scope of the power of eminent domain
In the hands of Congress, it is plenary.
Elements of the exercise of the power of eminent domain
1. There is “taking” of private property
2. The taking must be for “public use”
3. There must be “just compensation”
Circumstances which need to concur to constitute “taking”
1. The expropriator must enter upon the private property
2. The entrance must not be for a momentary period, that is, the entrance must be permanent
3. The entry must be under warrant or color of legal authority
4. The property must be devoted to public use or otherwise informally appropriated or injuriously affected
5. The utilization of the property must be in such a way as to oust the owner and deprive him of all beneficial
enjoyment of the property
Police power v. eminent domain
In police power, the property is regulated and there is no compensation. While in eminent domain, the property is taken
where there is transfer of ownership and it must be compensated.
Definition of “public use”
Any use that is of utility, advantage, or productivity for the benefit of the public generally. It is equivalent to “public
welfare” in police power.

Roan Salanga I-A Consti II Page 15 of 31

Definition of “just compensation”
The just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the
expropriation. Province of Tayabas v. Perez
Compensation, aside from money, must be in some form that embodies certainty of value and of payment, such as
government bonds.
When is compensation just?
It is just if the owner receives for his property a sum equivalent to its “market value”
What is “market value?”
a. It is the price fixed by the buyer and seller in the open market in the usual and ordinary course of legal trade and
b. The price and value of the article established or shown by sale, public or private, in the ordinary way of business
c. The fair value of property as between one who desires to purchase and one who desires to sell
d. The current price
e. The general or ordinary price for which property may be sold in that locality
Point of reference for valuating a piece of property
General rule: the value must be that as of the time of the filing of the complaint for expropriation
Exception: when the taking comes later than the time of taking
a. Value of the property has increased because of the use to which the expropriator has put it—then it will be at the
time of the taking
b. Value increased independently of what the expropriator did—then the value is that of the later filing of the case
But: in a long line of cases, the SC ruled that compensation for property expropriated must be determined as of the time
of the expropriating authority takes possession thereof and not as of the institution of the proceedings. Republic v.
Determination of just compensation
Trial by commissioners is a substantive right which a judge may not dispense with. Manila Electric Co. v. Pineda
May entry be made by the expropriator prior to actual payment?
Yes. Actual payment is unnecessary provided that a certain and adequate remedy is provided by which the owner can
obtain compensation without unreasonable delay. Manila Railroad Co. v. Paredes
Under the Rules of Court, entry may be made by the condemnor after the deposit with the court of a preliminary
amount determined by the judge.
PD 42 removed the discretion of the court in determining provisional value. What is to be deposited is an amount
equivalent to the assessed value for taxation purposes. No hearing is required for that purpose. All that is required is
notice to the owner of the property sought t be condemned. NPC v. Judge Jocson
Subject to judicial review
1. The adequacy of the compensation
2. The necessity of the taking; and
3. The “public use” character of the purpose of the taking
Limitations on judicial review
When land is expropriated for subdivision and resale for social justice purposes directly by the legislature and not
through an inferior agency of the state, the necessity and public purpose of the taking are not subject to judicial review.
Essential requisites for a local government unit to validly exercise eminent domain
Pursuant to Sec. 19 of the Local Government Code
1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU, to
exercise the power of eminent domain or pursue expropriation proceedings over a particular private property
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the
3. There is payment of just compensation

Roan Salanga I-A Consti II Page 16 of 31

4. A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said
offer was not accepted
Limitations on the eminent domain powers of local government
1. The order of priority in acquiring land for socialized housing—private lands rank last in the order of priority for
purposes of socialized housing
2. The resort to expropriation proceedings as a means to acquiring it—may be resorted to only after the other modes
of acquisition are exhausted
The right of eminent domain cannot be limited by EO 132, which requires prior negotiation for purchase or donation,
since it is purely administrative for the guidance only of executive officers. It cannot be considered a condition
precedent for expropriation for thus it would be an unconstitutional limitation of the inherent right of eminent domain.
Republic v. Juan
The acquisition of mere right of way is an exercise of the power of eminent domain since it perpetually deprives
defendants of their property rights. NPC v. Sps. Misericordia
When one or more of these property interests are appropriated and applied to some public purpose, there is already
compensable taking even if the bare title to the property still remains with the private owner. US v. Causby
If it is patrimonial property of the municipality, that is, property acquired by the municipality with its private funds in its
corporate or private capacity, compensation is required. However, if it is any other property such as public buildings or
legua communal held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.
If the expropriator does not use the property for a public purpose but sells it to a private user, the property reverts to
the owner in fee simple. Heirs of Moreno v. Mactan-Cebu International Airport
Expropriation for “socialized housing” satisfies the public use requirement. For this purpose, the determinative element
is not the size of the land to be expropriated but the number of people to be benefited. Sumulong v. Guerrero
Under RA 8974, the government must make a direct payment (not just a deposit) of the proffered value of the property
before it can enter and exercise proprietary rights. Republic v. Judge Gingoyon
Expropriation lies only when it is made necessary by the opposition of the owner to the sale or by the lack of any
agreement as to price. Where there is a valid and subsisting contract, between the owners of the property and the
expropriating authority, there is no reason for the expropriation. Noble v. City of Manila

Section 10: No law impairing the obligation of contracts shall be passed.

To fall within the prohibition
1. the change must impair the obligation of the existing contracts, and
2. the impairment must be substantial
Substantial impairment
A law which changes the terms of a legal contract between parties, either in the time or mode of performance, or
imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from
that provided in its terms; hence, it is null and void. Clemons v. Nolting
This limitation is addressed to
The exercise of legislative or quasi-legislative power and not on the exercise of judicial or quasi-judicial power.
With respect to private contracts, the question about the power to tax is irrelevant because a tax law does not alter the
relation between the parties.
With respect to public contracts, the answer is NO because just as the state cannot contract away its police power so
also it cannot contract away its power to tax.
As to freedom of religion, the Court ruled that the free exercise of religion is superior to contract rights.

Roan Salanga I-A Consti II Page 17 of 31

A mere change in procedural remedies which does not change the substance of a contract and which at the same time
still leaves an efficacious remedy for enforcement does not impair the obligation of contracts. Manila Trading v. Reyes
Not all impairment of the substance of a contract is violative of the Constitution especially if it is in pursuance of the
valid exercise of police power. Rutter Estaban
The clause protects contracts with the government or public contracts. Franchises are contracts and therefore are
covered by the clause.
A rehabilitation plan approved by statute which merely suspends the actions for claims does not violate the contract
clause. It is a different matter, however, if the amount of rental is changed. The amount of rental is an essential
condition of any lease contract. Needless to state, the change of its rate in the Rehabilitation Plan is not justified as it
impairs the stipulation between the parties.
Timber licenses, permits and license agreements are the principal instruments by which the State regulates the
utilization and disposition of forest resources to the end that public welfare is promoted. They are not deemed contracts
within the purview of the due process of law clause.

Section 11: Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
This constitutional provision is the basis for the provision of Sec. 17 Rule 5 of the New Rules of Court allowing litigation
in forma pauperis. Those protected include low paid employees, domestic servants and laborers.
“Indigent” persons
Persons who have no property or sources of income sufficient for their support aside from their own labor through self-
supporting when able to work and in employment. Cabangis v. Almeda Lopez
Contrary to earlier rule, an appellate court may entertain a petition to litigate as a pauper.
Justice Black: there is no meaningful distinction between a rule which would deny the poor the right to defend
themselves in a trial court and one which effectively denies the poor an adequate appellate review accorded to all who
have money enough to pay the costs in advance. Such a denial ia a misfit in a country dedicated to affording equal
justice to all and special privileges to none in the administration of its criminal law. There can be no equal justice where
the kind of trial a man gets depends on the amount of money he has.

Section 12: Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent
and independent counsel preferably of his own choice. If the person cannot afford
the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
No torture, force, violence, threat, intimidation or any other means which
vitiates the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
Any confession or admission obtained in violation of this or section 17 hereof
shall be inadmissible in evidence against him.
The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Rights of a person under investigation
1. Right to remain silent
2. Right to competent and independent counsel preferably of his own choice
3. The right to be informed of such rights

Roan Salanga I-A Consti II Page 18 of 31

Reason for the rights
To prevent psychological, if not physical, atmosphere of custodial investigations, in the absence of proper safeguards
Scope of the rights
Extends only to testimonial compulsion and not when the body of the accused is proposed to be examined
Availability of the rights
These rights begin to be available where “the investigation is no longer a general inquiry into an unsolved crime but has
begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of
interrogation that lends itself to eliciting incriminating statements.” Escobedo v. Illinois
Available after a person has been taken into custody or otherwise deprived of his freedom of action in any significant
way. People v. Loveria
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.
It also extends to the practice of issuing an “invitation” to a person who is investigated in connection with an offense he
is suspected to have committed, without prejudice to the liability of the “inviting” officer for any violation of law.
Circumstances not covered by the rights
a. Persons under preliminary investigations or those already charged in court for a crime for these are already under
the supervision of a court
b. Police line-up
c. Voluntary admission or surrender where one presents himself to the police to surrender
d. Verbal confessions to a radio announcer or to media, private persons, public officials who are not law enforcers
e. Investigation by an administrative body—because such inquiries are conducted merely to determine whether there
are facts that merit disciplinary measure against the erring public officers or employees, with the purpose of
maintain the dignity of government service
f. Spontaneous statements even when under police custody
g. Paraffin test

Right to be informed of his rights

It must be presumed to contemplate the transmission of a meaningful information rather than just the ceremonial and
perfunctory recitation of an abstract constitutional principle. People v. Ramos
Right to Counsel attaches
Upon the start of an investigation, i.e. when the investigating officer starts to ask questions to elicit information and/or
confessions or admissions from the respondent/accused. Gamboa v. Judge Cruz
When is a lawyer provided by the investigators deemed engaged by the accused?
When the accused never raised any objection against the appointment during the course of the investigation and the
accused thereafter subscribes to the veracity of his statement before the swearing officer. People v. Jerez
Lawyers who are not deemed independent counsel
a. Special counsel, public or private prosecutor, municipal attorney or counsel of the police whose interest is
admittedly adverse to the accused
b. Mayor
c. A barangay captain
d. Any other whose interest may be adverse to that of the accused

Substantial compliance
When an extrajudicial confession is made, in the absence of a counsel, but where at the closing stage of the
interrogation, counsel arrives and has the opportunity to read the statement and discuss it with the client who
subsequently signs it
Legal effect of the violation of these rights
Any confession or admission obtained in violation of this or Section 17 (provision against self-incrimination) hereof shall
be inadmissible in evidence against him
Roan Salanga I-A Consti II Page 19 of 31
Valid waiver of rights
1. Must be made in writing; and
2. In the presence of a counsel
Admission v. Confession
Admission of a party—the act, declaration or omission of party as to a relevant fact may be given in evidence against
him. Sec. 26 of Rule 130 of Rules of Court
Confession—the declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily
included therein, may be given in evidence against him. Sec. 33 of Rule 130 of Rules of Court
Wharton distinguishes a confession from an admission. A confession is an acknowledgment in express terms, by a party
in a criminal case, of his guilt of the crime charged, while an admission is a statement by the accused, direct or implied,
of facts pertinent to the issue and tending, in connection with proof of other facts, to prove his guilt. In other words, an
admission is something less than a confession. People v. Maqueda
Requisites for an extrajudicial confession to be admissible in evidence
1. The confession must be voluntary
2. The confession must be made with the assistance of a competent and independent counsel, preferably of the
confessant’s choice
3. The confession must be express, and
4. The confession must be in writing
5. Signed, or if the confessant does not know how to read and write, thumbmarked by him
Reasons why torture, force, etc. are prohibited
1. Because they vitiate truth
2. Because they are an assault on the dignity of the person

Section 13: All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Definition of Bail
A mode short of confinement which would, with reasonable certainty, insure the attendance of the accused at his trial
Usually takes form of a deposit of money or its equivalent as a guarantee if such attendance and which deposit is
forfeited upon failure to appear
Definition of Recognizance
An obligation of record entered into before a court guaranteeing the appearance of the accused for trial. It is in nature
of a contract between the surety and the state
Reason for the award of bail to the accused
1. Honor the presumption of innocence until his guilt is proven beyond reasonable doubt
2. Enable him to prepare his defense without being subject to punishment prior to conviction
Persons who have a constitutional right to bail
General Rule: Available to all persons actually detained
Exception: those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, which must
Persons who have no constitutional right to bail
1. Those charged with an offense punishable by reclusion perpetua, and
2. The evidence against him is strong
When can the lost of the right to bail be determined?
Only after hearing, since it is based on the nature of the offense and the quantum of evidence against him

Roan Salanga I-A Consti II Page 20 of 31

Under the custody of the law
1. When the person is arrested
2. When he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities
Duties of the trial judge in case an application of bail is filed
1. Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation
2. Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present
evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound
3. Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the approval f the bail bond
Meaning of “strong evidence of guilt for purposes of denying bail”
a. Proof evident or Evident proof—clear, strong evidence which leads a well-guarded dispassionate judgment to the
conclusion that the offense has been committed as charged, that accused is the guilty agent, and that he will
probably be punished capitally if the law is administered.
b. Presumption great exists when the circumstances testified to are such that the inference of guilt naturally to be
drawn therefrom is strong, clear, and convincing to an unbiased judgment and excludes all reasonable probability of
any other conclusion
Life imprisonment v. Reclusion perpetua
Life imprisonment
a. Imposed for serious offenses penalized by special laws
b. Does not carry accessory penalty
c. Does not have any definite extent or duration
Reclusion perpetua
a. Prescribed under the RPC
b. Carries accessory penalty
c. Incarceration for at least 30 years after which the convict becomes eligible for pardon
Implicit limitations on the right to bail
1. The person claiming the right must be under actual detention
2. The constitutional right is available only in criminal cases, not, e.g., in deportation proceedings

Factors to be considered in determining the amount of bail

1. Ability of the accused to give bail
2. Nature of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Health of the accused
6. Character and strength of the evidence
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Whether the accused was fugitive from justice when arrested
10. If the accused is under bond for appearance at trial in other cases

Right to bail is not available to soldiers under court martial because they are allowed the fiduciary right to bear arms and
can therefore cause great havoc. Comendador v. de Villa
Extradition is not a criminal proceeding. Hence, a respondent in an extradition proceeding is not entitled to bail. US v.
Judge Puruganan
Bail cannot be excessive for if so, it can amount to a denial of bail. De la Camara v. Enage
A person may be prevented from leaving the country as a necessary consequence of the admission of bail. A bail bond is
intended to make a person available any time he is needed by the court. Manotoc v. CA

Roan Salanga I-A Consti II Page 21 of 31

Section 14: No person shall be held to answer for a criminal offense without due
process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witnesses and the production
of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable.
Due process in criminal cases
The procedure established by law must be followed
Satisfaction of the due process requirement in criminal cases
Accused is informed as to why he is proceeded against and what charge he has to meet, with his conviction being made
to rest on evidence that is not tainted with falsity after full opportunity for him for rebutting it and the sentence being
imposed in accordance with law, where it is assumed that the court that rendered the decision is one of competent
jurisdiction. Nunez v. Sandiganbayan
Cases/Doctrines under due process
A judge who replaces another judge may validly render a decision although he has only partly heard the testimony of
witnesses. People v Narajos
Since administrative agencies are not bound to follow the rules of criminal procedure, they may not impose criminal
penalties. Socty’s Department Store v. Micaller
To warrant a finding of prejudicial publicity, there must be allegation and proof that the judges have been unduly
influenced, not simply that they might be, by the barrage of publicity. Webb v. de leon
Generally, the SC has no supervisory authority over military courts. However, the SC may review decisions of the Court
of Military Appeals. Buscayno & Sison v. Military Commission
A military commission or tribunal cannot try and exercise jurisdiction, even during the period of martial law, over
civilians for offenses allegedly committed by them as long as the civil courts are open and functioning. Olaguer v.
Military Commission
Presumption of innocence
Its principal effect is that no person shall be convicted unless the prosecution has proved him guilty beyond reasonable
The burden of proof to establish the guilt of the accused is with the prosecution. US v. Luling
Cases/Doctrines under presumption of innocence
Sec. 4 of BP 52, which states that “filing of charges for the commission of such crimes before a civil court or military
tribunal after preliminary investigation shall be prima facie evidence of such fact,” is violative of the guarantee of
presumption of innocence. Dumlao v. Comelec
Preventive suspension pendent lite does not violate the right to be presumed innocent because it is not a penalty.
Gonzaga v. Sandiganbayan
There is no constitutional objection to a law providing that the presumption of innocence may be overcome by a
contrary presumption founded upon the experience of human conduct, and enacting what evidence shall be sufficient
to overcome such presumption of innocence, such as prima facie evidences. People v. Mingoa
Elements of the right to be heard
1. The right to be present at the trial
2. The right to counsel
3. The right to an impartial judge
4. The right of confrontation
5. The right to compulsory process to secure the attendance of witnesses

Roan Salanga I-A Consti II Page 22 of 31

Scope of the right to be present at the trial
It covers only the period from arraignment to promulgation of sentence, however, it has been modified by Section 14(2)
that “after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable.”
Conditions for waiver of the right to be present at the trial
1. After arraignment, he may be compelled to appear for the purpose of identification by the witnesses of the
2. Provided he unqualifiedly admits in open court after his arraignment that he is the person named as the defendant
in the case on trial
Requisites of a valid trial in absentia
1. The accused has already been arraigned
2. He has been duly notified of the trial; and
3. His failure to appear is unjustifiable
Reason for allowing trial in absentia
To speed up the disposition of criminal cases
Reason for the right to counsel of the accused
To protect himself when brought before a tribunal with power to take his life or liberty, wherein the prosecution is
represented by an experienced and learned counsel. Johnson v. Zerbst
Duties of the trial judge at the pre-arraignment
1. Inform the accused that he has a right to a counsel before arraignment
2. Ask the accused if he desires the aid of counsel
3. If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed
4. If the accused desires to obtain his own counsel, the court must give him a reasonable time to get one
Cases/Doctrines under the right to counsel
The duty of the court to appoint a counsel de oficio for the accused who has no counsel of choice and desires to employ
the services of one is mandatory only at the time of arraignment. No such duty exists where the accused has proceeded
to arraignment and then trial with a counsel of his own choice. Libuit v. People
When the accused discovered, after conviction, that his lawyer was not a member of the bar, he was granted a new trial
for he has a right to a qualified counsel. Delgado v. CA
There is no denial of the right to counsel where a counsel de oficio was appointed during the absence of the accused’s
counsel de parte, pursuant to the court’s desire to finish the case early as practicable under the continuous trial system.
People v. Larranaga
A person may not be denied the right to confer with counsel even in times of emergency. Diokno v. Enrile
Purpose of the Right to be informed
1. To enable the accused to make his defense based on the description of the charge against him
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
Scope of the right to be informed
The complaint must contain a specific allegation of every fact and circumstance necessary to constitute the crime
charged. Hence, facts must be stated and not conclusions of law to satisfy this right.
A criminal information, to satisfy the right of the accused to be informed, must contain
1. The name of the accused
2. The designation given to the offense by the statute
3. A statement of the acts or omission 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—hence, the precise time is not essential
6. The place where the offense had been committed

Roan Salanga I-A Consti II Page 23 of 31

Factors to consider if the right to speedy trial has been violated
1. Length of the delay
2. Reason of the delay
3. Effort of the defendant to assert his right
4. Prejudice caused to the defendant
When does the delay start?
One begins to count the delay of the trial only after the filing of the information. Moreover, the delay contemplated
here is unreasonable delay. Martin v. General Fabian
Remedy for violation of the right to speedy trial
The accused is entitled to dismissal of the case through mandamus, and, if he is under detention, to release by habeas
corpus. Dismissal here is equivalent to an acquittal and is a bar to another prosecution for the same offense.
Right to a public trial
A trial is public when attendance is open to all, irrespective of relationship to defendants.
Exception to a right to a public trial
When the evidence to be presented is characterized as “offensive to decency or public morals,” the proceeding may be
limited to friends, relatives and counsel.
Purpose of the right to a public trial
To serve as a safeguard against any attempt to employ our courts as instruments for persecution. Garcia v. Domingo
Where the arraignment and hearing were not held in court, the right to a public trial is violated when
1. The public was excluded
2. The accused was prejudiced
3. The accused objected during the trial
Purpose of the right of confrontation or the right to meet witness 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 or demeanor of the witness
Exceptions to the right of confrontation
1. Admissibility of “dying declarations”
2. Trial in absentia
Cases/Doctrines under the right of confrontation
Affidavit executed by a witness may not be admitted in evidence if the witness is not produced in court. People v. Ramos
Extra-judicial statements of an accused implicating another cannot be used against the latter. People v. de la Cruz
Under Sec. 5 of Rule 112, an accused is not entitled as a matter of right to be present during the preliminary
examination nor to cross-examine the witnesses presented against him before his arrest, the purpose of said
examination being merely to determine whether or not there is sufficient reason to issue a warrant of arrest. Marinas v.
Compulsory process
An additional requirement to the one laid down in the 1935 version is the right to have compulsory process, not only to
secure the attendance of witnesses in his behalf, but also, to secure the production of evidence in his behalf.
Presumption in the matter of waiver of a constitutional right
The presumption is always against the waiver. The prosecution must prove with strongly convincing evidence to the
satisfaction of this Court that indeed that accused willingly and voluntarily submitted his confession and knowingly and
deliberately manifested.

Roan Salanga I-A Consti II Page 24 of 31

Section 15: The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Definition of writ of habeas corpus
A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated
time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or
judge awarding the writ shall consider in that behalf
Prime requisite for its availability
Actual deprivation of personal liberty, however, liberty may be lost not by physical compulsion alone.
Freedom may be lost due to external moral compulsion, to founded or groundless fear, to erroneous belief in the
existence of an imaginary power of an imposter to cause harm if not blindly obeyed, to any other psychological element
that may curtail the mental faculty of choice or the unhampered exercise of the will
What is the “privilege of the writ of habeas corpus”?
It is the right to have an immediate determination of the legality of the deprivation of physical liberty.
Who suspends the privilege?
The President
When may the privilege be suspended?
1. Existence of actual invasion or rebellion; and
2. Public safety requires the suspension
3 faces of the political question doctrines: (combination of all three)
1. Textual approach—asks the question: “What does the letter of the constitution say?”
 When the law grants discretionary authority to a person to be exercised upon his opinion of certain facts, he alone
is the judge of the existence of those facts
2. Functional approach—asks the question: “Are we capable of resolving the problem posed?”
 The executive and legislative departments have the machinery for verifying the existence of those facts whereas
the courts do not
3. Prudential or political approach—asks the question: “Aare there overriding consideration which prevent the Court
from entering the thicket?”
 Interference by the courts in the decision can result in tying the hands of those charged with maintaining order

Section 16: All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Right to speedy disposition of cases v. Right to speedy trial
Right to speedy disposition of cases covers all phases (before, during and after) of any judicial, quasi-judicial or
administrative proceedings, while the Right to speedy trial covers only the trial phase of criminal cases.
Factors to be considered to know if the right has been violated
1. The length of delay
2. Reason for the delay
3. Assertion of the right or failure to assert it
4. Prejudice caused by the delay
Remedy for the violation of this right
Dismissal through mandamus

Section 17: No person shall be compelled to be a witness against himself.

Purpose of the guarantee against self-incrimination
It was established on the grounds of
a. Public policy—because if the party were required to testify, it would place the witness under the strongest
temptation to commit the crime of perjury; and
b. Humanity—because it would prevent the extorting of confessions by duress.

Roan Salanga I-A Consti II Page 25 of 31

Persons who are protected by this right
Only natural persons
When is a question 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 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. CJ Marshall
What is covered by the right against self-incrimination clause?
The use of physical or moral compulsion to extort communication from the witness, not an inclusion of his body in
evidence, when it may be material. US v. Tan Teng
Kinds of proceedings where the right may be asserted
In any judicial or administrative proceeding or in any official government enquiry
Time of availability of the right
In criminal case, from the moment he is asked to testify, ie, an accused has an absolute right to be silent in all stages of
the proceedings, while, a person who is a witness but not an accused may assert the right only when the incriminating
question is asked
Availability of the right in administrative and civil proceedings
If the nature of the penalty that may be imposed partakes the nature similar as that in criminal proceedings, hence,
penal in nature
Writing is something more than moving the body, or the hand, or the fingers; writing is not a purely mechanical act,
because it requires the application of the intelligence and attention, and is thus covered by the right against self-
incrimination. Beltran v. Samson
A corporate officer may not prevent the production of corporate papers on the ground that they may incriminate him
personally. Production of such papers would not be self-incrimination but incrimination by the corporation. Hale v.
A person may not be compelled to produce private books and papers to be used against him. Compulsory production of
private books and papers of the owner is compelling him to be a witness against himself. Boyd v. US
The privilege which exists as to private papers, cannot be maintained in relation to records required by law to be kept in
order that there may be suitable information of transaction which are the appropriate subjects of governmental
regulation and the enforcement of restrictions validly established. Shapiro v. US

Section 18: No person shall be detained solely by reason of his political beliefs
and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Freedom of political belief
A provision from the French Constitution which says: “No man is to be interfered with because of his opinions, provided
his avowal of them does not disturb public order or established law.”
Definition of Involuntary Servitude
Every condition of enforced, compulsory service of one to another no matter under what form such servitude may be
Exceptions to the rule against involuntary servitude
1. Imposed as a punishment for a crime whereof the party shall have been duly convicted
2. In the interest of national defense, all citizens may be compelled by law to render personal military or civil service
3. A return-to-work order

Roan Salanga I-A Consti II Page 26 of 31

Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the congress hereafter provides for
it. Any death penalty already imposed shall be reduced to reclusion perpetua.
The employment of physical, psychological, or degrading punishment against any
prisoner or detainee, or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
When is a penalty “cruel, degrading or inhuman”?
It must be flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moreal
sense of the community.
Guides for determining whether a punishment is “cruel and unusual”
1. A punishment 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 not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment would
Reasons why the Constitution abolished the death penalty
1. It inflicts traumatic pains not just to 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 against the commission of serious offenses
3. Penology favors reformative rather than vindictive penalties
4. Life is too precious a gift to be placed at the discretion of human judge
5. The law itself, by imposing so many safeguards before a death penalty is carried out, manifests a reluctance to
impose the death penalty
Effects of RA 9346
a. It disallows imposition of the death penalty
b. The review of death sentences first by the CA and next by the SC is now automatic and mandatory
c. It may not be waived by the court nor by the accused
d. But review of reclusion perpetua may be waived
Effect of the abolition of death penalty on application of penal laws
It is reduced to reclusion perpetua.
It is reduced to only two grades, and not under the three-grade-scheme, since the language of the provision does not
abolish the death penalty but merely prohibits its imposition.
Requirement for the restoration of the death penalty
1. It must be based on compelling reasons involving heinous crimes
2. The Congress must define or describe what is meant by heinous crimes
3. That Congress specify and penalize by death only crimes that qualify as heinous in accordance with its definition
Heinous crimes (RA 7659)
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.
Character of the death penalty in RA 7659
It is not mandatory. In trial court or in automatic review, the Court must consider certain facts before the death penalty
may be imposed, and these are
a. Aggravating circumstances which attend the commission of the crime in accordance with the RPC
b. Other circumstances which attend the commission of the crime which indubitably characterize the same as heinous
in contemplation of RA 7659
When is a fine “excessive”?
It is excessive when, under any circumstance, it is disproportionate to the offense.

Roan Salanga I-A Consti II Page 27 of 31

Custodial cruelties and inadequate penal facilities
Courts in other jurisdictions have ordered the closure of substandard and outmoded penal institutions. All these require
judicial orders in the absence of implementing laws to provide direct measures to correct violations of human rights or
institute alterations in the operations and facilities of penal institutions
By making the imposition of death penalty automatically reviewable and by allowing the possibility of its restoration,
implicitly admits that it is not be cruel and inhuman.
Article 6 of the ICCPR is interpreted as saying that “State parties are not obliged to abolish the death penalty totally, they
are obliged to limit its use and, in particular, to abolish it for other than the “most serious crimes”
The Second Protocol to the ICCPR aiming at the Abolition of the Death Penalty was neither signed nor ratified by the

Section 20: No person shall be imprisoned for debt or non-payment of a poll tax.
Explanation of the prohibition against imprisonment for debt
No person may be imprisoned for debt in virtue of an order in a civil proceeding, either as a substitute for satisfaction of
a debt or as a means of compelling satisfaction.
But a person may be imprisoned as a penalty for a crime arising from a contractual debt and imposed in a proper
criminal proceeding, it is referred to as fraudulent debt.
Meaning of “debt”
Any liability to pay money growing out of a contract, express or implied
Definition of “poll tax”
Historically, it is a cedula which is used for purposes of identification
Now, it is a tax the payment of which is made a requirement for the exercise of the right of suffrage. The imposition of
poll tax, in this sense, is prohibited by Art. 5 Sec. 1 which disallows “literacy, property, or other substantive requirement”
for the exercise of suffrage

Section 21: No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy
1. A first jeopardy must have attached prior to the second
2. The first jeopardy must have terminated
3. The second jeopardy must be for the same offense as that in the first
Jeopardy attaches
1. Upon a good indictment or under a complaint or information sufficient in form and substance to sustain a conviction
2. Before a competent court
3. After arraignment
4. After a valid plea
First jeopardy terminates
1. By acquittal
2. By final conviction
3. By dismissal without express consent of the accused
4. By “dismissal” on the merits
Exceptions to the general rule that dismissal or termination of the case after arraignment and plea to a valid information
shall be a bar to another prosecution (no double jeopardy)
1. If the dismissal is made upon motion, or with the express consent, of the defendant/accused
2. The dismissal is not an acquittal or based upon consideration of the evidence or of the merits of the case

Roan Salanga I-A Consti II Page 28 of 31

3. The question to be passed upon by the appellate court is purely legal so that should the dismissal be found
incorrect, the case would have to be remanded to the court of origin for further proceedings, to determine the guilt
or innocence of the defendant
Circumstances when double jeopardy does not attach
a. If information does not charge any offense
b. If, upon pleading guilty, the accused presents evidence to mitigate, exempt or justify him, and the court thereafter
acquits him without entering a new plea of not guilty
c. If the information for an offense cognizable by the RTC is filed with the MTC, hence, no competent jurisdiction
d. If a complaint filed for preliminary investigation is dismissed
Examples of termination of jeopardy
a. Dismissal based on violation of the right to a speedy trial where this amounts to acquittal
b. Dismissal based on a demurrer of evidence where it is a dismissal based on the merits
c. Dismissal based on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused
d. Discharge of an accused to be a state witness which amounts to an acquittal
Decisions by military tribunals
Under military law, a decision of a military tribunal, be it of acquittal or of conviction, or dismissal, is merely
recommendatory and subject to review by the convening authority, the review boards, and the reviewing authority. A
military commission acts merely as a commissioner who takes the evidence and reports thereon with his
recommendation. Any form of recommendation made by the commission does not amount to the termination of the
case. Flores v. Enrile
When is the second offense charged the same as the first offense?
The Same Evidence Test:
whether the evidence needed in the one case will support a conviction in the other (general sense)
By virtue of Sec. 9 of Rule 117 of the Rules of Court (definition of “same offense”)
a. whether one offense is identical with the other
b. whether it is an attempt or frustration of the other
c. whether one offense necessarily includes or is necessarily included in the other
Exceptions to the requirement of sameness of offense
1. When one act violates two different statutes or two different provisions of a statute, prosecution under one is not a
bar to prosecution under the other. People v. Cabrera
2. Supervening facts
Supervening facts
a. When the second offense was not in existence at the time of the first prosecution, for the simple reason that in such
a case, there is no possibility for the accused, during the first prosecution, to be convicted for an offense that was
then inexistent
b. Where after the first prosecution, a new fact supervenes for which the defendant is responsible, which changes the
character of the offense and together with the facts existing at the time, constitute a new and distinct offense, there
is no double jeopardy
c. The graver offense developed due to a supervening fact arising from the same act or omission constituting the
former charge.
d. The facts constituting the graver offense became known or were discovered only after the filing of the former
e. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party.
Finality of judgment
A judgment of acquittal is immediately final.
A judgment of conviction is final when the period for appeal has elapsed or when the sentence has been totally or
partially served or when the defendant has expressly waived his right to appeal.

Roan Salanga I-A Consti II Page 29 of 31

Effect of appeal by the accused/defendant
The accused waives his right to plead double jeopardy. The whole case will be open to review by the appellate court.
Such court may even increase the penalties imposed on the accused by the trial court.
Dismissal for denial of the right to a speedy trial is a dismissal on the merits and amounts to an acquittal. But when upon
examination of the facts and the court find that the delays were justifiable and the dismissal was upon the instance of
the accused, there is no double jeopardy. Almario v. CA
Verbal dismissal is not final until written and signed by the judge. Rivera Jr. v. People
The use of the word “provisional”, on the dismissal of the case based on denial of the right to a speedy trial, does not
change the legal effect of the dismissal. Esmena v. Pogoy
When the dismissal of the case constitutes abuse of discretion amounting to lack of jurisdiction, the dismissal, even if
made on the merits, is invalid and is therefore no bar to a reinstatement of the case. People v. Pablo
If the judgment of acquittal is void for having been given without jurisdiction, the judgment cannot be a basis for a plea
of double jeopardy. People v. CA
But if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s
incompetence, it would not be considered as a supervening event.

Section 22: No ex-post facto law or bill of attainder shall be enacted.

Definition of ex-post facto law
An ex post facto law has been defined as one
1. which makes an action done before the passing of the law, and which was innocent when done, criminal, and
punishes such action.
2. which aggravates the crime or makes it greater than when it was committed.
3. which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime
when it was committed.
4. which alters the legal rules of evidence and receives less testimony than the law required at the time of the
commission of the offense in order to convict the accused.
5. which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right,
which, when done, was lawful.
6. which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the
protection of a former conviction or acquittal, or a proclamation of amnesty.
Effect of ex post facto law
It only prohibits retrospectivity of penal laws, unless such law may be favorable to the accused then it can have
retroactive effect
A law is penal when
a. it prescribes a criminal penalty imposable in a criminal trial
b. it prescribes a burden equivalent to a criminal penalty even if such burden is imposed in an administrative
Forfeiture proceedings
a. in rem (civil)—proceedings which do not involve the conviction of the wrongdoer for the offense charged
b. in personam (criminal)—indictment is presented before forfeiture
Bill of pains and penalties
An act which inflicts punishment less than death without judicial trial
Bill of Attainder
A legislative act which inflicts punishment without judicial trial, whether it applies to named individuals or to easily
ascertainable members of a group. It also includes bills of pains and penalties.

Roan Salanga I-A Consti II Page 30 of 31

Essential elements of a bill of attainder
1. There must be a law
2. The law imposes a penal burden on a named individual or easily ascertainable members of a group
3. The penal burden is imposed directly by the law without judicial trial
RA 8249, which reverts the jurisdiction of the Sandiganbayan over the Kuratong Baleleng case, pertains only to matters
of procedure, and being merely an amendatory statute it does not partake the nature of an ex post facto law. Lacson v.
Executive Secretary
RA 1379, which provides forfeiture in favor of the State of any property illegally obtained by a public officer, partakes
the nature of a penalty that is criminal or penal. Hence, it may not be given retroactive effect. Katigbak v. Sol-Gen
A law on criminal procedure can be an ex post facto law if it alters the legal rules of evidence or mode of trial, unless the
changes operate only in a limited an unsubstantial manner to the disadvantage of the accused. Beazell v. Ohio
A law requiring every lawyer who wishes to continue the practice of law to take the oath that he or she has not
committed an act of disloyalty to the Philippine government is a bill of attainder. Depriving a person of the right to
practice a profession is a penalty, and when this is imposed by the legislature without trial, there is a violation of the
prohibition against bills of attainder. Cummings v. Missouri

Roan Salanga I-A Consti II Page 31 of 31