Section 10

Superficial change - change of name or title of a contract

Superficial change does not violate the provision.

Section 11

Pauper litigants are not exempted from payment of docket fees.

The payment of docket fee is jurisdictional.

Failure to pay docket fee - the Court will not acquire jurisdiction

Section 12

Miranda Rights are bailable

1. Right to remain silent

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

3. Right to be informed of his rights

Rights are available only during custodial investigation

Custodial investigation - incriminatory or accusatory questioning initiated by law enforcement officers

after a person has been taken into custody or arrested

General Rule: Police line-up is not part of custodial investigation.

Exception: A particular person is inferred to as the perpetrator of the crime.

Section 13

Rights of the Accused

Right to bail - constitutional presumption of innocence

BAIL AS A MATTER OF RIGHT: An offense punishable by reclusion perpetua

BAIL AS A MATTER OF DISCRETION: An offense punishable by reclusion perpetua and the evidence of
guilt is strong
R.A. No. 9165 - Bail as a matter of discretion

Section 14

Constitutional rights of the accused

Presumption of innocence - disputable (adduce evidence to overcome the presumption)

Right to be heard by himself and counsel - right to have an OPPORTUNITY to be heard

Duces Tecum - production of evidence (documents, books, etc.)

Ad Testificandum - compulsory process

Trial in absentia - allows the accused to be absent at the trial

Elements of Trial in Absentia:

1. Accused has been validly arraigned

2. Accused has beed duly notified of the dates of hearings

3. Failure to appear is unjustifiable

When the accused is hiding - the Court will not acquire jurisdiction over him

The Court acquires jurisdiction when:

1. Warrant of arrest has been served

2. Voluntary surrender of the accused

3. Already arraigned and posted a bail

Flight is an indicative of guilt

Section 15

Writ of habeas corpus - political offenses

Section 17

The right of self- incrimination is available in:

1. Criminal cases
2. Civil cases

3. Administrative cases

4. Impeachment

5. Other legislative investigations that possess criminal or penal aspect

Interview by the media is an extra-judicial confession (not admissible in evidence)

Finger printing - self incrimination cannot be invoked

Handwriting - self incrimination can be invoked because it is incriminatory in nature; it requires the
applications of intelligence and attention

Purely physical act - compulsion is valid

The right can be waived but it must be clear and conclusive.

Section 18

Mere political advocacy without violence in attaining their goal - cannot be detained

Involuntary servitude rule:

Discretionary act - cannot be compelled to act in a particular way (example dito yung teacher na ayaw na
magturo pero pinagcocompel siyang turuan yung 2 students)

Ministerial act - can be compelled (example dito yung teacher na pinagcompel na ipass yung grades)

Order of the court - he can be compelled

*See the exceptions (UST Golden notes)

Section 19

The penalty should be proportionate to the gravity of the crime

Section 20

BP Blg 22 does not violate the provision

Section 21

1. Valid complaint or information

2. Filed before a competent court

3. The arraignment of the accused

4. To which he had pleaded

5. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated
without his express consent4

CASES

PD which dissolved the mortgages - UNCONSTITUTIONAL (Violation of substantial due process; it

disregarded the right to property.

Estrada v. Sandiganbayan - the law requires reasonable decree of certainty

Lucena Grand Central Inc. v. JAC Liner, Inc. - the ordinance is UNCONSTITUTIONAL for violation of
Overbreath Doctrine (no specific parameters in the application of the ordinance)

Tañada v. Tuvera - see Art. 2 of the Civil Code

Sec. of Justice v. Lantion - extradition proceeding is not criminal in nature so the respondent is not
entitled to a conduct for preliminary investigation

Francisco v. Court of Appeals

Nuisance per se - the Court order is not required

Nuisance per accidents - it is located in the wrong place

Rural Bank of Buhi v. Court of Appeals

Narciso v. Ancheta

Mirasol v. DPWH

Hernando v. Court of Appeals - check the obscenity test

Borjal v. Court of Appeals

Manosca v. Court of Appeals - the expropriation is valid since the purpose os to recognize the
contribution of the founder (Felix Manalo) to the culture and history of the country
Ebralinag case

Islamic Da'wah v. Office of the Executive Secretary

Estrada v. Escritor

Austria v. NLRC

Taruc v. Dela Cruz

NPC v. Gutierrez

RA 6657

Read the inherent powers of the state