POLITICAL LAW 1

Zaira Gem
Right to Bail
- All persons except those charged with an offense
punishable by RP, 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.
- Bail: is the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as
may be required.
- Any person under detention, even if no formal charge
have yet been field, can invoke the right to bail.
- When bail is authorized, it should be granted before
arraignment, otherwise, the accused may be precluded
from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP
(or higher) and evidence of guilt is strong
2. traditionally, not available to military
- Duty of the Court when accused is charged with an
offense punishable by RP or higher.

Hearing on the motion for bail must be conducted

by the judge.

Prosecution must be given an opportunity to

present all the evidences.

Applicant having right of cross-examination and to

introduce evidence in rebuttal.

If prosecution refuses to adduce evidence or fails

to interpose an objection to the motion for bail, it is
still mandatory for the court to conduct a hearing
or ask searching and clarificatory questions from
which it may infer the strength of the evidence of
guilt or lack of it.

- The hearing on the petition for bail need not at all

times precede arraignment, because the rule is that
a person deprived of his liberty by virtue of his arrest
or voluntary surrender may apply for bail as soon as

he is deprived of his liberty, even before a complaint

or information is filed against him.
- Courts order granting or refusing bail must contain
summary of evidence for the prosecution.
- The assessment of the evidence presented during
bail hearing is only for the purpose of granting or
denying an application for the provisional release of
the accused liberal in their approach, not being a
final assessment.
- Bail is either:
1) A matter of right
Before or after conviction by MeTC, MTC MTC
in Cities, MCTC
Before conviction by RTC of an offense not
punishable by death, RP or life imprisonment.
2) Judges discretion
Upon conviction by RTC of an offense not
punishable by death, RP or life imprisonment.
The court, in its discretion, may allow the
accused to continue on provisional liberty
under the same bail bond during the period to
appeal, subject to consent of bondsman.
If court imposes penalty of imprisonment of 620 years, accused shall be denied bail or bail
previously granted cancelled, upon showing by
prosecution that:

1)The accused is a recidivist, quasi-recidivist,

habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
2)The accused is found to have previously escaped
from legal confinement, evaded sentence or has
violated the conditions of his bail without valid
justification;
3)The accused committed the offense while on
probation, parole or under conditional pardon;
4)Circumstances of the accused or his case
indicate the probability of flight if released on
bail; and

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5)Undue risk that during pendency of the appeal,
the accused may commit another crime.

Extradition proceedings are separate and

distinct from the trial of the offenses for which
he is charged.

He should apply for bail before the courts trying

the criminal cases against him, not before the
extradition court.

After a potential extradite has been arrested and

placed under custody of the law, bail may be
applied for and granted as an exception, only
after clear and convincing showing that

3) Denied
Accused is charged with a capital offense or an
offense punishable by RP or higher and
evidence of guilt is strong.
Principle denying bail to an accused charged
with a capital offense where evidence of guilt is
strong, applies with equal force to the appellant
who, though convicted of an offense not
punishable by death, RP, or life imprisonment
was nevertheless originally charged with a
capital offense.
Standards for fixing bail

1)
2)
3)
4)
5)
6)
7)
8)

Financial ability of the accused

Nature and circumstances of the offense
Penalty for the offense charged
Character and reputation of the accused
Penalty for the offense charged
Weight of the evidence against him
Age and health
Probability of appearing at the trial

9) Forfeiture of other bonds by him

10) Fact that he was a fugitive from justice when
arrested
11) Pendency of other cases in which he is
under bond
-

Right to Bail and Extradition (Government of the U.S.

vs. Judge Purungan and Mark Jimenez)

The constitutional provision on bail applies only

when a person is arrested and detained for
violation of Philippine criminal laws. It does not
apply to extradition proceedings, because
extradition courts do not render judgments of
acquittal or conviction.
It flows from the presumption of innocence in
favor of every accused who should not be
subjected to the loss of freedom unless his guilt
is proved beyond reasonable doubt. The
constitutional provision on bail will not apply to a
case of extradition where the presumption of
innocence is not an issue.

a.

Once granted bail, the applicant will not be a

flight risk or a danger to the community, and

b.

There exists special, humanitarian and

compelling circumstances.

Waiver of the Right to Bail personal to the

accused.

- The right to bail is not impaired by the suspension if

the privilege of the writ of habeas corpus.
Constitutional Rights of the Accused
- 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

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 the witnesses and the
production of evidence in his behalf.

- After arraignment, trial may proceed notwithstanding

the absence of the accused, provided that he has
been duly notified and the failure to appear is
unjustifiable.
- Criminal due process:

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

Corporate entity has no personality to invoke the

same.

2) accused is proceeded against under the

orderly processes of law

- Presumption that official duty was regularly performed

cannot, by itself, prevail over the constitutional
presumption of innocence.

3) accused has been given notice and the

opportunity to be heard
4) judgment rendered was within the authority
of a constitutional law
- Unreasonable delay in resolving complaint is
violation of the right to due process and to speedy
trial dismissal of complaint.
Exception: petitioners own acts or complexity
of the issues involved.
-

Hearing before an impartial and disinterested

tribunal. Bias must be shown by clear and convincing
evidence.

Right to a hearing

Plea of guilt to a capital offense. Mandatory that:

Exception: when it is not the sole basis for

conviction.
- Constitutional presumption may be overcome by
contrary presumptions based on experience of
human conduct. (e.g. unexplained wealth)
- Circumstantial evidence in order to warrant
conviction:
1) More than one circumstance
2) Facts from which the inference are derived
are proven
3) Combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.

1) TC must conduct a searching inquiry into the

voluntariness of the plea and the full
comprehension of the consequences;

- Equipose Rule: applicable only when the evidence

adduced by the parties are evenly balanced, in which
case the constitutional presumption of innocence
should tilt the scales in favor of the accused.

2) Prosecution should present evidence to prove

the guilt of the accused and the precise
degree of his culpability; and

- Right to be heard by himself and counsel: efficient

and truly decisive legal assistance.

3) Accused must be asked if he desires to

present evidence in his behalf and should be
allowed to do so if he desires.

Proceeds from fundamental principle of due

process.

Right to counsel during the trial is not subject to

waiver because even the most intelligent or
educated man may have no skill in the science
of law, particularly in the rules of procedure, and
without counsel. He may be convicted not
because he is guilty but because he does not
know how to establish his innocence.

Failure of the record to disclose affirmatively that

the TC advised the accused of his right to
counsel is not sufficient ground to reverse
conviction. The TC must be presumed to have
complied with the procedure prescribed by law
for the hearing and trial of the cases, and such
presumption can be overcome only by an
affirmative showing to the contrary.

- The State and the offended party are entitled to due

process
- Presumption of Innocence: every circumstance
favoring the innocence of the accused must be taken
into account.
Will NOT apply if there is some logical connection
between the fact proved and the ultimate fact
presumed, and the inference of one fact from
proof of another shall not be so unreasonable as
to be purely arbitrarily mandate.
Can be invoked only by an individual accused of
a criminal offense.

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Zaira Gem
- Right to counsel is not indispensable to due process
of law.

Exceptions: cannot be waived during trial.

But this is not absolute. Option cannot be used to

sanction reprehensible dilatory tactics, to trifle with
ROC, or prejudice the equally important rights of
the State and the offended party to speedy and
adequate justice.

- Preference in the choice of counsel pertains more

aptly and specifically to a person under custodial
investigation rather than one who is accused in a
criminal prosecution. Such preferential discretion
cannot partake of discretion so absolute and arbitrary
as would make the choice of counsel refer exclusively
to the prediction of the accused.
- General Rule: a client is bound by the mistakes of his
lawyer
Exceptions:
when
the
negligence
or
incompetence of counsel is deemed gross as to
have prejudiced the constitutional right of the
accused to be heard.
- Right to be informed of the nature and cause of
accusation against him.

Reasons:

1. furnish the accused with such a

description of the charge against him as will
enable him to prepare for his defense;
2. avail himself of his conviction or acquittal
for protection against a further prosecution
for the same cause; and
3. to inform the Court of the facts alleged, so
that it may decide whether they are sufficient
in law to support a conviction.
- When a judge is informed or discovers that an
accused is apparently in a condition of insanity or
imbecility, it is within his discretion to investigate the
matter.
- Requisites: The information must state:
1. name of the accused
2. designation of the offense given by statute
3. statement of acts or omissions so complained
of as constituting the offense
4. name of the offended party

5. approximate time and date of the commission

of the offense
6. place where the offense has been committed
7. facts and circumstances that have a bearing
on the culpability and liability of the accused
- Every element of the offense must be alleged in the
complaint or information, because the accused is
presumed to have no independent knowledge of the
facts that constitute the offense charged.
- Not necessary to state the precise time when the
offense was committed except when time is a material
ingredient of the offense.
- Description not the designation of the offense controls.
- Accused can be convicted only of the crime alleged or
necessarily included in the allegations in the
information.
- While a TC can hold a joint trial of 2 or more criminal
case and can render a consolidated decision, it cannot
convict the accused of the complex crime constitutive
of the various crimes of the 2 informations.
- Void for Vagueness Rule: the law is deemed void where
the statute itself is couched in such indefinite language
that it is not possible for men of ordinary intelligence to
determine what acts or omissions are punishable.
- The right to be informed of the nature and cause of the
accusation against may not be waived but the defense
may waive the right to enter a plea and let the court
enter a plea of not guilty.
- Indictment must fully state the elements of the specific
offenses alleged to have been committed. An accused
cannot be convicted of an offense, even if duly proven,
unless it is alleged or necessarily included in the
complaint or information.
Different matter if the accused themselves
refused to be informed of the nature and cause
of the accusation against them.
- Accused may be convicted of as many offenses
charged in the information and proved during the
trial, where he fails to object to such duplicitous
information during the arraignment.
- Information which lacks certain material allegations
may sustain a conviction if the accused fails to object
to its sufficiency during trial and deficiency is cured
by competent evidence presented therein.

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- Right to Speedy, Impartial and Public Trial

Speedy Trial

Not synonymous to publicized trial.

Means that the court doors must be open to

those who wish to come, sit in the available
seats, conduct themselves with decorum and
observe trial processes.

Free from vexatious, capricious and oppressive

delays.

Accused entitled to dismissal, equivalent to

acquittal, if trial is unreasonably delayed.

Relative subject to reasonable delays and
postponements arising from illness, medical
attention, body operations, etc.
Aggrieved party also has the same rights as the
accused.
Separate trial is in consonant with the right of the
accused to a speedy trial.
RA 8493 (Speedy Trial Act):
Arraignment of the accused w/in 30 days from
the filing of the information or from the date the
accused has appeared before the justice, judge or
court in which the charge is pending, whichever
date last occurs.
o If plea of not guilty has 15 days to
prepare for trial.
o Trial shall commence w/in 30 days from
arraignment as fixed by the court.
o No case shall the entire trial period exceed
180 days from the first day of trial, except
as otherwise authorized by the Chief
Justice of the SC.

Right to Meet the Witnesses Face to Face right to

cross-examine the complainant and the witnesses.

cold neutrality of an impartial judge for the

benefit of the litigants and is also designed to
preserve the integrity of the judiciary and to
gain and maintain the peoples faith in the
institution s they have erected when they
adopted the Constitution.
Pervasive publicity is not per se prejudicial to
the right of the accused to a fair trial.
Trial judges must be accorded a reasonable
leeway in asking questions as may be
essential to elicit relevant facts and to bring
out the truth. This is not only a right but also
duty of the judge.

Public Trial
Intended to prevent abuses that may be
committed against accused.

Not absolute.

Testimony of the witness who has not

submitted himself to cross-examination is not
admissible in evidence being hearsay.

This right can be waived.

Right to Compulsory Process to secure the

attendance of witnesses and the production of
evidence.

Subpoeana process directed to a person

requiring him to attend and to testify at the
hearing or trial of an action or at any
investigation conducted under the laws of the
Philippines or for the taking of his deposition.

2 kinds:

1. subpoena ad testificandum: compel a person to

testify
2. subpoena duces tecum: compel the production
of books, records, things or documents

Impartial Trial

test of relevancy: books, documents or

other things requested must appear
prima facie relevant to the issue subject
of the controversy

test of definiteness: such books must be

reasonably described by the parties to be
readily identified

Requisites:

1. evidence is really material

2. accused is not guilty of neglect in previously
obtaining the production of such evidence
3. the evidence will be available at the time
desired
4. no similar evidence can be obtained.
-

Trial in absentia
Purpose is to speed up the disposition of
criminal cases.

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Mandatory upon the court whenever the
accused has been arraigned, notified of the
date/s of hearing/s and his absence is
unjustified.

- The writ will not issue where the person alleged to be

restrained on liberty is in the custody of an officer
under a process issued by the court which has
jurisdiction to do so.

After the accused has waived further

appearance during trial, he can still be ordered
arrested by the court for non-appearance upon
summons to appear for purposes of
identification.

- Even if the detention is at its inception illegal,

supervening events such as the issuance of a judicial
process, may prevent the discharge of the detained
person.

Presence of the accused is mandatory:

1. arraignment and plea
2. during
trial,
for
purposes
of
identification
3. promulgation of sentence, except for light
offense wherein accused may appear by
counsel/representative
Accused who escapes from confinement,
jumps bail or flees to a foreign country, loses
his standing in court and unless he
surrenders or submits himself to the
jurisdiction of the court, he is deemed to
waive his right to seek relief from the court.

- That the preliminary investigation was invalid and

that the offense had already prescribed is not a
ground to grant the issuance of habeas corpus.
Remedy: motion to quash the WOA or file a
motion to quash the information based on
prescription.
- Desaparecidos (disappeared persons), persons in
whose behalf the writ was issued could not be found
Remedy: refer the matter to the Commission on
Human Rights
In case of doubt, the burden of proof rests
on the officers who detained them and who
claim to have effected the release of the
detainees.

Habeas Corpus
- The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or
rebellion when public safety requires it.
- Definition: a writ issued by a court directed to a
person detaining another, commanding him to
produce the body of the prisoner at a designated
time and place, with the day and cause of his
caption/detention, to do, to submit to and to receive
whatever the court/judge awarding the writ shall
consider in his behalf.
- When available: restores the liberty of an individual
subjected to physical restraint. It secures to the
prisoner the right to have the cause of his detention
examined and determined by the courts; and to have
the issue ascertained as to whether he is held under
lawful authority.
- May also be availed of where, as a consequence of a
judicial proceeding:
1. there has been deprivation of
constitutional rights
2. the court has no jurisdiction to impose the
sentence
3. excessive penalty has been imposed,
since such sentence is void as to the excess.

- All courts of competent jurisdiction may entertain

petitions for HC to consider the release of
petitioners convicted of violation of the Dangerous
Drugs Act, provided they have served the
maximum term of the applicable penalties newly
prescribed by RA 7659.
- HC lies only where the restraint of the persons
liberty has been judicially adjudged to be illegal or
unlawful.
- Loss of judicial records, after 12 years of detention
in the service of the sentence imposed upon
conviction, will not entitle him to be released on
HC. Remedy: reconstitution of judicial records.
-

Have to comply with the writ. Disobedience

constitutes contempt of court.

- In case of invasion or rebellion, when the public

safety requires it, the President may for a period not
exceeding 60 days, suspend the privilege of the writ
of HC.
- W/in 48 hours from the suspension, the President
shall submit a report, in person or in writing, to
Congress.

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-

Congress, voting jointly by a majority vote of at

least a majority of all its members in regular or
special session may revoke such proclamation or
suspension, such revocation shall not be set aside
by the President.
Upon initiative of the President, the Congress may,
in the same manner, extend such proclamation or
suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists
and public safety requires it.
SC may review, in appropriate proceeding filed by
any citizen, the sufficiency of the factual basis for
the proclamation of martial law and the
suspension of the privilege of the HC or the
extension thereof.

SC must promulgate its decision w/in 30 days from

filing.

The suspension of the privilege of the writ shall

apply only to persons charged for rebellion or
offenses inherent in or directly connected with
invasion.

During the suspension of the privilege of the writ,

any person thus arrested or detained shall be
judicially charged within 3 days, otherwise he shall
be released.

Suspension of the privilege does not suspend the

right to bail.

Speedy Disposition of Cases

-

All persons shall have the right to a speedy

disposition of cases before all judicial, quasijudicial or administrative bodies.

Not limited to the accused in a criminal

proceedings, but extends to all cases, including
civil and administrative cases and in all
proceedings including judicial and quasi-judicial
hearings.

- Like right to speedy trial, this right is violated only

when the proceedings are attended by vexatious,
capricious and oppressive delays or when unjustified
postponements of the trial are asked for and
secured, or when without cause or justifiable motive

a long period of time is allowed to elapse without the

party having his case tried.
- Unlike right to speedy trial, this right is available not
only during trial but also when the case has already
been submitted for decision.
- Right extends to all citizens, including those in the
military, and covers the period before, during and
after trial.
- Right can be waived failure to seasonably assert
this right.
Self-incrimination
- No person shall be compelled to be a witness against
himself.
- Right is available not only in criminal prosecutions but
also in all other government proceedings, including
civil actions and administrative or legislative
investigations.
- It may be claimed not only by the accused but also by
any witness to whom a question calling for an
incriminating answer is addressed.
- General Rule: it may be invoked only when and as the
question calling for an incriminating answer is asked.
This applies only to ordinary witness.

In criminal prosecution accused may not be

compelled to take the witness stand.

Similarly applicable to a respondent in an

administrative proceeding.

- Scope: not against all compulsion, but testimonial

compulsion only. (not the inclusion of his body in
evidence when it may be material)
Prohibition extends to the compulsion for the
production of documents, papers and chattels
that may be used as evidence against the
witness, except where the State has a right to
inspect the same such as the books of accounts
of corporations, under the police or taxing power
or where a government official is required to
produce official documents/public records which
are in their possession.

Also protects the accused against any

attempt to compel him to furnish a

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specimen of his handwriting in connection
with a prosecution for falsification.
-

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 RP.

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.

Mere severity does not constitute cruel or unusual

punishment.

The penalty must be flagrantly and plainly

oppressive, wholly disproportionate to the nature
of the offense as to shock the moral sense of the
community.

Death penalty is not a cruel or unusual

punishment. It is an exercise of the States power
to secure society against the threatened and
actual evil.

Immunity:
1) Transactional Immunity: witness immune from
any criminal prosecution for an offense to
which his compelled testimony relates.
2) Use and Fruit Immunity: prohibits the use of
the witness compelled testimony and its fruits
in any manner in connection with the criminal
prosecution of the witness.

Those granted this privilege paid a high price the

surrender of their right to remain silent. Should be
given a liberal interpretation.
Waiver: either directly or by failure to invoke it,
provided that the waiver is certain and unequivocal
and intelligently made.

Non-detention by Reason of Political Beliefs or Aspirations

-

No person shall be detained solely by reason of his

political beliefs or aspirations.

Involuntary Servitude
-

No involuntary servitude in any form exist except

as a punishment for a crime whereof the party
shall have been duly convicted.

Exceptions:
1) Punishment for a crime whereof one has
been duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected
by public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment

Automatic review in death penalty cases shall

proceed even in the absence of the accused,
considering that nothing less than life is at stake
and any court decision must be error-free as
possible.

Non-imprisonment for Debt

-

No person shall be imprisoned for debt or nonpayment of a poll tax.

While the debtor cannot be imprisoned for failure

to pay his debt, he can be validly punished in a
criminal action if he contracted his debt through
fraud, as his responsibility arises not from the
contract of loan, but from the commission of the
crime.

Prohibited Punishment
-

Excessive fines shall not be imposed.

Nor cruel, degrading or inhuman punishment

inflicted.

Double Jeopardy
-

No person shall be twice put in jeopardy of

punishment for the same offense.

If an act is punished by law and an ordinance,

conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.

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-

Requisites:
valid complaint or information
does not attach in preliminary
investigation.
2. filed before a competent court
mistake has been made in charging
the proper offense, the first charge
shall be dismissed to pave the way
for the filing of the proper offense.
The dismissal of the first case will
not give rise to double jeopardy
inasmuch as the court does not
have jurisdiction over the case,
3. to which defendant had pleaded
no arraignment = no double
jeopardy
grant of motion to quash, filed
before the accused makes his
plea, can be appealed by the
prosecution because the accused
has not yet been placed in
jeopardy.
4. defendant was previously acquitted or
convicted, or the case dismissed or otherwise
terminated without his express consent

Express consent directly given, either viva voce

or in writing, a positive, direct, unequivocal consent
requiring no inference or implication to supply its
meaning.

When dismissal is made at the instance of the

accused, there is no double jeopardy.

When the ground for motion to dismiss is

insufficiency of evidence (grant of demurrer)
equivalent to an acquittal and any further
prosecution would violate the constitutional
proscription against double jeopardy.

When the proceedings have been unreasonably

prolonged as to violate the right of the accused to
speedy trial double jeopardy

Revival of the case provisionally dismissed timebar for the revival of criminal cases provisionally
dismissed with the express consent of the accused
and with prior notice to the offended party:

1.

promulgation of only one part of the

decision is not a bar to the promulgation
of the other part, the imposition of the
criminal accountability and does not
constitute a violation of the proscription
against double jeopardy.

Dismissal of action

1) 2 years if the offense charged is penalized

by more than 6 years imprisonment
2) 1 years if the penalty imposed does not
exceed 6 years imprisonment or a fine in
whatever amount
-

Prohibits the state from appealing or filing a

petition for review if judgment of acquittal that was
based on the merits of the case. Certiorari will lie
to correct errors of judgment.

Double
jeopardy
protections:

1. permanent dismissal

related

1) Prosecution is denied due process, such

denial results in loss or lack of jurisdiction and
this appeal may be allowed
2) Accused has waived or is estopped from
invoking his right against double jeopardy
No double jeopardy

3) dismissal on the ground of

unreasonable delay in violation of the
right to speedy trial
2. provisional dismissal dismissal without
prejudice to reinstatement before order of
dismissal becomes final or to subsequent
filing of a new information within the
periods allowed by law.

three

1)Against 2nd prosecution for the same offense

after acquittal;
2)Against a 2nd prosecution for the same
offense after conviction; and
3)Against multiple punishments for the same
offense.
Instances when prosecution may appeal

1) termination of the case on the

merits resulting in either conviction or
acquittal
2) dismissal of the case because of
the prosecutions failure to prosecute

provides

1) Mistrial

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2) State is deprived of fair opportunity to
prosecute and prove its case
3) Dismissal of information/complaint is purely
capricious
4) Lack of proper notice to be heard

Accused cannot be prosecuted anew for an

identical offense, or for any attempt to commit the
same or frustration thereof, or for any offense
which necessarily includes or is necessarily
included in the offense charged in the original
complaint or information.

Doctrine of Supervening Event the accused may

still be prosecuted for another offense if a
subsequent development changes the character of
the first indictment under which he may have
already been charged or convicted.

The conviction of the accused shall not be a

bar to another prosecution for an offense
which necessarily includes the offense
charged in the original complaint or
information when:
a.

Graver offense developed due to

supervening facts arising from the same
act or omission;

b.

Facts constituting the graver offense or

were discovered only after the filing of the
former complaint or information; or

c.

The plea of guilty to a lesser offense was

made without the consent of the fiscal or
the offended party.

Ex post facto law and Bill of attainder

No ex post facto law or bill of attainder shall be

enacted.
Ex post facto law

Kinds

a.

5) Accused waives or is estopped from invoking

his right against double jeopardy.
6) Dismissal/acquittal is made with grave abuse
of discretion
Discharge of co-accused to be utilized as
government witness

Law that makes criminal an action done

before the passage of the law and which was
innocent when done, and punishes such
action;
b. Law that aggravates a crime, or makes it
greater than it was when committed;
c. Law that changes the punishment, and inflicts
a greater punishment than the law annexed to
the crime when committed;
d. Law that alters legal rules of evidence and
receives less or different testimony than the
law required at the time of the commission of
the offense, in order to convict the offender;
e. Law which, assuming to regulate civil rights
and remedies only, in effect imposes a penalty
or the deprivation of a right for something
which when done was lawful;
f. Law which deprives a person accused of a
crime of some lawful protection to which they
have been entitled
Characteristics
a. Retroactive
b. Works to the prejudice of the
accused
c. Refers to criminal matters
Bill of attainder
Definition: legislative act that inflicts
punishment without trial.

Substitutes legislative fiat for a judicial

determination of guilt.

It is only when the statute applies either to

named individuals or to easily ascertainable
members of a group in such a way as to
inflict punishment on them without judicial
trial that it becomes a bill of attainder.

Anti-Subversion Act is not a bill of attainder.

simply declares that the Communist Party
is an organized conspiracy to overthrow the
Government and for definitional purposes
only.
BALDOZA VS. HON. DIMAANO

The right to information on matters of public concern is

predicated not on statutory grounds merely but on the
constitutional right of the press to have access to
information as the essence of press freedom.

POLITICAL LAW 11
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SSS EMPLOYEES ASSOCIATION VS. CA
The terms and conditions of employment in the
government, including any political subdivision or
instrumentality thereof and government-owned and
controlled corporations with original charters are
governed by law and employees therein shall not strike
for the purpose of securing changes thereof.
PNB VS. REMIGIO
The Constitutional guaranty of non-impairment of
obligations of contract is limited by the exercise of the
police power of the state.
PEOPLE VS. JUDGE AYSON
The right against self-incrimination is not selfexecuting or automatically operational. It must be
claimed. If not claimed by or in behalf of the witness,
the protection does not come into play. It follows that
the right may be waived, expressly, or impliedly, as by a
failure to claim it at the appropriate time.
PEOPLE VS. JUDGE AYSON
The right against self-incrimination is not selfexecuting or automatically operational. It must be
claimed. If not claimed by or in behalf of the witness,
the protection does not come into play. It follows that
the right may be waived, expressly, or impliedly, as by a
failure to claim it at the appropriate time.
GAMBOA VS CRUZ
The police line-up is not a part of the custodial inquest,
hence, the accused will not yet be entitled to counsel.
When the process had not yet shifted from the
investigatory to the accusatory, as when police
investigation does not elicit a confession, the accused
may not yet avail of the services of his lawyer.
PEOPLE VS LARA

confiscated in drug-related cases are established in

court.
ROGELIO ABERCA, ET. AL. VS. MAJ. GEN. FABIAN VER,
ET.AL.
Article 32 of the Civil Code which renders any public
officer or employee or any private individual liable in
damages for violating the Constitutional rights of
another, as enumerated therein, does not exempt the
respondents from responsibilities. Only judges are
excluded from liability under the article.
Respondeat superior: A superior officer must not
abdicate his duty to properly supervise his
subordinates for he runs the risk of being held
responsible for gross negligence and of being held
liable under the cited provision of the Civil Code as
indirectly and solidarily accountable with the tortfeasor.
ANITA MANGILA, VS. JUDGE HERIBERTO M.
PANGILINAN, ET. AL.
Habeas corpus is not in the nature of a writ of error;
nor intended as a substitute for the trial courts
function. It cannot take the place of appeal, certiorari
or writ of error. The writ cannot be used to investigate
and consider questions of error that might be raised
relation to procedure or on the merits.
Where restraint is under legal process, mere errors and
irregularities, which do not render the proceedings
void, are not grounds for relief by habeas corpus
because in such cases, the restraint is not illegal.
The writ of habeas corpus does not act upon the
prisoner who seeks relief, but upon the person who
holds him in what is alleged to be the unlawful
authority. Hence, the only parties before the court are
the petitioner (prisoner) and the person holding
petitioner in custody, and the only question to be
resolved is whether the custodian has authority to
deprive the prisoner of his liberty.
JOSELITO V. NARCISO VS. FLOR MARIE STA. ROMANACRUZ

PEOPLE VS ENRIQUEZ

When the penalty prescribed by law is death, reclusion

perpetua or life imprisonment, a hearing must be
conducted by the trial judge before bail can be granted
to the accused. Absent such hearing, the order granting
bail is void for having been issued with grave abuse of
discretion.

The prosecution must always prove with moral certainty

that the integrity and evidentiary value of the items

In parricide, the accused cannot be considered an

offended party just because he was married to the

Identification in a police line-up is not a part of

custodial investigation. Hence, the right to have a
counsel does not yet accrue.

POLITICAL LAW 12
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deceased. In the interest of justice and in view of the
peculiar circumstances of the case, the sister of the
victim may be deemed to be an offended party, and
has the legal personality to challenge the void order of
the trial court.
GOVERNMENT OF HONG KONG THRU THE DOJ VS.
HON. FELIXBERTO T. OLALIA AND JUAN ANTONIO
MUOZ
The case of US vs. Hon. Purganan declared that the
exercise of the right to bail is limited to criminal
proceedings. However, in the case of Mejoff vs.
Director of Prisons, bail has been granted to a
prospective deportee, in view of the adherence of the
Philippines to the ICC on Political Rights.
If bail can be granted in deportation cases, there is no
justification why it should not also be allowed in
extradition cases. Both are administrative proceedings
where the innocence or guilt of the person detained is
not in issue.
The right of a prospective extradite to apply for bail in
this jurisdiction must be viewed in the light of the
various treaty obligations of the Philippines concerning
respect for the promotion and protection of human
rights. The Philippines should see to it that the right to
liberty of every individual is not impaired.

cause requirement for searches of the type at issue

here would impose intolerable burdens on public
employers. The delay in correcting the employee
misconduct caused by the need for probable cause
rather than reasonable suspicion will be translated into
tangible and often irreparable damage to the agencys
work, and ultimately to the public interest.
The existence of a privacy right involves a two-fold
requirement: a.) that a person has exhibited actual
(subjective) expectation of privacy; and b.) that the
expectation be one that society is prepared to
recognize as reasonable (objective).

IX. CITIZENSHIP
-

Definition: membership in a political community

which is personal and more or less permanent in
character.

Nationality is membership in any class or form of

political community. It does not necessarily include
the right/privilege of exercising civil or political
rights.

Modes of acquiring:
1) Marriage
2) Birth

BRICCIO RICKY A. POLLO VS. CHAIRPERSON KARINA

CONSTANTINO-DAVID, THE CIVIL SERVICE
COMMISSION, ET. AL.
OConnor vs. Ortega teaches that public employees
expectations of privacy in their offices, desks and file
cabinets may be reduced by virtue of actual office
practices and procedures, or by legitimate regulation.
The employees right of privacy must be assessed in
the context of the employment relation.
Given the great variety of work environments in the
public sector, the question of whether an employee has
a reasonable expectation of privacy must be addressed
on a case-to-case basis.
In the case of searches conducted by a public
employer, we must balance the invasion of the
employees legitimate expectations of privacy against
the governments need for supervision, control and
efficient operation of the workplace.
In contrast to law enforcement officials, public
employers are not enforcers of criminal law; instead,
public employers have a direct and overriding interest
in ensuring that the work of the agency is conducted in
a proper and efficient manner. Therefore, a probable

Jus soli

Jus sanguinis

3) Naturalization
-

Natural-born citizens citizens of the Philippines

from birth without having to perform any act to
acquire or perfect their Philippine citizenship.

Marriage by Filipino to an alien citizens of the

Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it.

Dual allegiance of citizens is inimical to the

national interest and shall be dealt with by law.

Dual citizenship as a disqualification under the

LGC must refer to dual allegiance.

POLITICAL LAW 13
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-

Right to elect Philippine citizenship is

an inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows
the status and citizenship of his
known parent, the mother.
4) Naturalization

For candidates with dual citizenship, it is sufficient

that they elect Philippine citizenship upon the filing
of their certificate of candidacy to terminate their
status as persons with dual citizenship.

Filing of certificate of candidacy is sufficient to

renounce foreign citizenship.

Attack on ones citizenship may be made only

through a direct and not collateral attack.

Doctrine of res judicata does not ordinarily apply to

questions of citizenship.
Exception:
1) Persons citizenship is resolved by a
court or an administrative body as a
material issue in the controversy, after
full-blown hearing
2) Active participation of the SolGen or
his representative
3) Finding of citizenship is affirmed by
the SC
Citizens of the Philippines
1) Citizens of the Philippines at the time of the
adoption of the 1987 Constitution
2) Whose fathers or mothers are citizens of the
Philippines
3) Born before January 17, 1973, of Filipino
mothers, who elect Philippines citizenship
upon reaching the age of majority
Election stated in a statement to be
signed and sworn to by the party
concerned
before
any
official
authorized to administer oath.
Filed with the nearest Civil Registry
Accompanied with the Oath of
Allegiance to the Constitution and the
Government
Within 3 years from reaching the age
of majority except when there is
justifiable reason for delay.
Doctrine of Implied Election exercise
of right of suffrage and participation in
the election exercises
Right is available to the child as long
as the mother was a Filipino citizen at
the time of the marriage to the alien,
even if by reason of such marriage,
she lost her Philippine citizenship and
even if the mother was not a citizen at
time of birth.

Modes of Naturalization
Direct
1) Judicial or administrative proceedings
2) Special act of legislature
3) Collective change of nationality,
resulting from cession or subjugation
4) Adoption of orphan minors as
nationals of the State where they
were born
Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
Doctrine of Indelible Allegiance: individual may be
compelled to retain his original nationality even if
he has already renounced or forfeited it under the
laws of the second State whose nationality he has
acquired.
Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous
period of 10 years
Reduced to 5 years IF
1) Born in the Philippines
2) Honorably held office in Government
3) Introduced a useful invention or
established a new industry
4) Engaged as a teacher in the Philippines,
public or private school (except those
established for the exclusive instruction of
persons of a particular nationality) or in
any branches of education or industry for
a period of not less than 2 years
3) Good moral character; believes in the
underlying principles of the Constitution;
conducted himself in a proper and
irreproachable manner during his residency
4) Own real estate in the Philippines not less
than P5,000, have some lucrative trade,
profession or lawful occupation
5) Speak and write English/Spanish/any principal
Philippine languages

POLITICAL LAW 14
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6) Enrolled his minor children of school age to
public/private schools recognized by the
Government,
where
Philippine
history,
government and civic are taught
- Disqualifications:
1) Opposed to organized government or affiliated
with any association of groups/persons who
uphold and teach doctrines opposing all
organized governments
2) Defending or teaching the propriety of
violence, personal assault, assassination for
the success or predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable
contagious disease
6) Who, during the period of their residence, have
not mingled socially with Filipinos or who have
not evinced a sincere desire to learn and
embrace the customs, traditions and ideals of
the Filipinos
7) Citizens and subjects of nations with whom the
Philippines is at war, during the period of such
war
8) Citizens and subjects of foreign country whose
law does not grant Filipinos the right to
become naturalized citizens
- Procedure
1) File declaration of intention with SolGen one
year prior to the filing of the petition
Exception:
1)

2)

3)

Born in the Philippines and received primary

and secondary education in public or private
schools recognized by the Government and not
limited to particular race
Resided in the Philippines for 30 years or more
before the petition and enrolled his children to
elementary and high schools recognized by the
Government and not limited to particular race
Widow and minor children if an alien who has
declared his intention to become a citizen of
the Philippines and dies before he is actually
naturalized.

2) File petition + affidavit of 2 credible persons,

citizens of the Philippines who personally know
the petitioner, as character witness
3) Publication of petition
Jurisdictional
Published in OG or in a newspaper of
general circulation once a week for
three consecutive weeks
4) Actual residence during the entire proceedings
5) Hearing

6) Promulgation of the decision

7) Hearing after 2 years (Probation period of 2
years)
Not left the Philippines
Dedicated himself continuously to a
lawful calling/profession
Not been convicted of any offense or
violation of rules
Not committed any act prejudicial to
the interest of the nation or contrary
to
any
Government-announced
policies
8) Oath taking and issuance of certification
-

Effects
1) Vests citizenship on wife if she herself may be
naturalized
2) Minor children born in the Philippines before
naturalization shall also be considered citizens
3) Minor children born outside the Philippines but
residing in the Philippines at the time of
naturalization shall also be considered citizens
4) Minor children born outside the Philippines
shall be citizens only during minority, unless
he begins to reside permanently in the
Philippines
5) Child born outside the Philippines, after the
naturalization of the parents shall be
considered citizens, Provided he registers as
such before any Philippine consulate within
one year after attaining majority age and takes
his oath of allegiance

Grounds for Denaturalization

1) Naturalization certificate obtained fraudulently
or illegally
2) Invalid declaration of intention
3) Minor children failed to graduate through the
fault of parents
4) Allowed himself to be used as dummy
5) If within 5 years he returns to his native
country or some foreign country and
establishes residence there
- 1-year stay in native country or 2-year
stay in a foreign country is prima facie
evidence of intent to take up
residence
Effects of Denaturalization: if the ground affects
the intrinsic validity of the proceedings, the
denaturalization will divest wife and children; if
ground is personal to the denaturalized Filipino, his
wife and children shall retain Philippine citizenship.

POLITICAL LAW 15
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-

Naturalization by direct legislative action

discretionary on Congress; usually for aliens who
made outstanding contributions to the country
Administrative Naturalization grant Philippine
citizenship by administrative proceedings to aliens
born and residing in the Philippines
Special Committee on Naturalization - SolGen
(Chairman), Sec of FA and National Security
Adviser power to approve, reject or deny
applications
Qualifications
1) Born in the Philippines and residing
therein since birth
2) Not less than 18 at the time of filing
3) Good moral character; believes in the
underlying principles of the Constitution;
conducted himself in a proper and
irreproachable
manner
during
his
residency
4) Received
primary
and
secondary
education in any public/private school
recognized by DECS, where Philippine
history, government and civics is taught
and not limited to any race/nationality;
Provided that where he has minor
children, must be enrolled in similar
schools
5) Known trade, business, profession or
lawful occupation from which he derives
income sufficient to support himself and
family
N/A to college degree holders who
are disqualified from practicing
their profession due to citizenship
requirements
6) Able to read, write and speak Filipino or
any of the dialects
7) Mingled with Filipinos and evinced a
sincere desire to learn and embrace the
customs and traditions and ideals of the
Filipino people
Procedure
1) File with Special Committee a petition
2) Publication of pertinent portions of the petition
once a week for 3 consecutive weeks in
newspaper of general circulation
3) Posting of copies in public or conspicuous
areas
4) Furnish copies to following agencies who shall
post copies of the petition in any public or
conspicuous areas in their building officers
and premises and within 30 days submit to

Committee a report stating whether or not

petitioner has any derogatory record on file
DFA
Bureau
of
Immigration
and
Deportation
Civil registrar of petitioners place of
residence
NBI
5) Within 60 days from receipt of agencies
report, Committee shall consider and review
all information.
6) If
Committee
receives
any
adverse
information, Committee shall allow petitioner
to answer, explain or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays
P100,000, take oath of allegiance and
certificate of naturalization shall issue.
9) Within 5 days from taking oath, BoI shall
forward copy of oath to the proper local civil
registrar and cancel petitioners alien
certificate of registration.
Status of Alien Wife and Minor Children
May filed a petition for cancellation of their
alien certificate of registration.
If applicant is a married woman, husband may
not benefit. But minor children may avail of the
right to seek the cancellation of alien
certificate of registration.
Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made
any false statement or misrepresentation or
obtained citizenship fraudulently or illegally or
committed any violation of the law, rules or
regulations
2) w/in 5 years shall establish permanent
residence in a foreign country
o 1-year stay in native country or 2-year
stay in a foreign country is prima facie
evidence of intent to take up
residence
3) Allowed himself, wife or children with acquired
citizenship to be used as dummy
4) He, his wife or children commits any act
inimical to national interest

Loss and Reacquisition of Philippine Citizenship

- Loss of Citizenship
1) Naturalization in a foreign country
- RA 9225
2) By express renunciation of citizenship

POLITICAL LAW 16
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3) By subscribing to an oath of allegiance to

support the Constitution or laws of a
foreign country upon attaining 21 years of
age
- Principle of Indelible Allegiance
Filipino may not divest himself of
Philippine citizenship in this manner
while Philippines is at war with any
country
4) By rendering service or accepting
commission in the armed forced of a
foreign country
- Exceptions:
1) Philippines has a defensive
and/or offensive pact of
alliance with the said foreign
country
2) Foreign country maintains
armed
forces
in
the
Philippine
territory
with
consent of the Republic
5) By cancellation of the certificate of
naturalization
6) By having been declared by competent
authority a deserter of the Philippine
armed forces in time of war
Reacquisition of Citizenship
1) Taking the oath of allegiance required of
former natural-born Philippine citizens who
may have lost their citizenship by reason of
their acquisition of the citizenship of a foreign
country
2) Naturalization provided that he possesses
none of the disqualifications
3) Repatriation or deserters of the Army, Navy or
Air Corps; a woman who has lost her
citizenship by reason of marriage may be
repatriated after termination of marital status
- Repatriation takes effect as of the
date of filing of his application.
- Effect of repatriation is to allow the
person to recover or return to his
original status before he lost his
Philippine citizenship.
4) Direct act of Congress
MERCADO VS MANZANO

Dual citizenship is different from dual allegiance. The

former arises when, as a result of the concurrent
application of the different laws of two or more states,
a person is simultaneously considered a national by

the said states. Dual allegiance, on the other hand,

refers to the situation in which a person simultaneously
owes, by some positive act, loyalty to two or more
states. While dual citizenship is involuntary, dual
allegiance is the result of an individuals volition. With
respect to dual allegiance, Article IV, Section 5 of the
Constitution provides: Dual allegiance of citizens is
inimical to the national interest and shall be dealt with
by law.
MARIA JANETTE TECSON VS COMELEC
Since the latter was born on August 20, 1939,
governed under 1935 Constitution, which constitution
considers as citizens of the Philippines those whose
fathers are citizens of the Philippines, Fernando Poe,
Jr. was in fact a natural-born citizen of the Philippines
regardless of whether or not he is legitimate or
illegitimate.
CO vs. HRET & ONG
Under the 1973 Constitution, those born of Filipino
fathers and those born of Filipino mothers with an alien
father were placed in equal footing. They were both
considered as natural-born citizens. Hence, the
bestowment of the status of "natural-born" cannot be
made to depend on the fleeting accident of time or
result in two kinds of citizens made up of essentially
the same similarly situated members. It is for this
reason that the amendments were enacted, that is, in
order to remedy this accidental anomaly, and,
therefore, treat equally all those born before the 1973
Constitution and who elected Philippine citizenship
either before or after the effectivity of that Constitution.
BENGZON III vs. HRET & CRUZ
Repatriation results in the recovery of the original
nationality. This means that a naturalized Filipino who
lost his citizenship will be restored to his prior status as
a naturalized Filipino citizen.
CORDORA V. COMELEC
It is enough for a person with dual citizenship who
seeks public office to file his certificate of candidacy
and swear to the oath of allegiance contained therein.
ROSELLER DE GUZMAN V. COMELEC
R.A. No. 9225 was enacted to allow re-acquisition and
retention of Philippine citizenship for: 1) natural-born
citizens who have lost their Philippine citizenship by

POLITICAL LAW 17
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reason of their naturalization as citizens of a foreign
country; and 2) natural-born citizens of the Philippines
who, after the effectivity of the law, become citizens of
a foreign country. The law provides that they are
deemed to have re-acquired or retained their Philippine
citizenship upon taking the oath of allegiance AND for
those seeking elective public offices in the Philippines,
to additionally execute a personal and sworn
renunciation of any and all foreign citizenship before
an authorized public officer prior or simultaneous to
the filing of their certificates of candidacy, to qualify as
candidates in Philippine elections.
REPUBLIC OF THE PHILIPPINES VS. AZUCENA
SAAVEDRA BATUIGAS
The State, in extending the privilege of citizenship to an
alien wife of one of its citizens, could have had no other
objective than to maintain a unity of allegiance among
the members of the family. Under existing laws, an
alien may acquire Philippine citizenship either thru
judicial naturalization under CA 473 or administrative
naturalization under RA 9139. A third option, called
derivative naturalization, is available to alien women
married to Filipino husbands. This third option is found
under Section 15 of CA 473.