Structure and Content of the

1987 Constitution
Atty Reyaine Clavano
 Preamble
• Latin word “Preambulare” which mean to walk before
• It is an introduction to the main subject
• It is the prologue of the Constitution
 Purpose and Value
• Sets down the origin and purposes of the Constitution
• May serve as an aid in its interpretation
• Has no legal implications
• States the fundamental objective of the Constitution:
“seeks to build a just and humane society under a government
that will promote the general welfare and preserve our
independence and democracy”
Article 1 – National Territory
Composition:
a. All the islands
b. Waters embraced within the Philippine archipelago
c. All the waters around, between and connecting all the islands
d. All other territories over which the Philippines has sovereignty
Necessity of the Provision
• Binding force of such provision under international law
- A State under international law has the unquestioned right to
assert jurisdiction throughout the extent of its territory
- If there is a territorial dispute it should be settled according to
international law
Value of the Provision
• It is important to know so that we and the other nations would know
the boundaries of our country
• The Philippines can promulgate and enforce its laws within our
country
Acquisition of Other Territories
• It does not prevent the Philippines from acquiring new territories by
means of purchase, exchange or any other means of acquiring
property
Philippine Territory

The Philippine archipelago with All other territories over which

all the islands and waters the Philippines has sovereignty
embraced therein or jurisdiction

Philippine territory

The terrestrial, fluvial, maritime,

and aerial domain and the The internal waters
territorial sea, the seabed, etc
Other Territories Over Which the Philippines
has Sovereignty or Jurisdiction
• Sabah: According to the 1973 Constitution “all the other territories
belonging to the Philippines by historic right or legal title”
• But this was amended in the 1987 Constitution
• Future Claims by the Philippines to other Areas: “The deletion of
“historic right or legal title” is designed to improve our relations with
Malaysia while allowing flexibility in pursuing the Sabah calim
Other Areas Included in the Archipelago
• TERRITORIAL SEA: Part of the sea extending 12 nautical miles (19km)
from the low water mark
• SEABED: The land that holds the sea
• SUBSOIL: Refers to everything beneath the surface soil and the
seabed
• INSULAR SHELVES: Submerged portion of a continent or offshore
island
• OTHER SUBMARINE AREAS: All areas under the territorial sea like
seamount, trough, trench, basin, deep bank, etc
Article II – Declaration of Principles and State
Policies
Principles:
1. The Philippines is a democratic and republican state
2. Sovereignty and government authority belong to the people
3. The first duty of government is to serve and protect the people
4. The Philippines renounces war and adopts a policy of friendly
relations with all nations
5. The separation of church and state shall at all times be upheld
6. Civilian authority is at all times supreme to the military
Article II – Declaration of Principles and State
Policies
State Policies:
1. The Philippines adopts a policy of freedom from nuclear weapons
2. The state shall promote a just social order to eradicate poverty
3. The State values the dignity of every person and guarantees full respect
for human rights. For this purpose the constitution creates an
independent Commission on Human Rights
4. The State recognizes the family as a sacred social institution and shall
protect the life of the unborn child from the moment of conception
5. The State recognizes the role of the youth in nation-building and shall
protect him and promote his well being
Article II – Declaration of Principles and State
Policies
State Policies:
6. The State shall protect and promote the health of the people
7. The State shall protect its natural environment
8. The State shall give priority to education, science and technology, arts,
culture and sports;
9. The State shall protect the workers and promote their well being.
10. The State shall develop a self-sustaining national economy controlled by
Filipinos.
11. The State shall promote comprehensive rural development and agrarian
reform
12. The State shall promote the rights of cultural communities
Article 2 of the Constitution
• Is the embodiment of the state’s policies and principles
• The policies and principles serve as a guide to the three branches of
government in the exercise of their powers and implementation of
the Constitution
• It is non-self executing: Congress should still pass laws to clearly
define and effectuate such policies
• Exception: Case of Oposa v. Factoran
Democracy and Republicanism
• Section 1, Article 2 provides:

“ The Philippines is a democratic and republican state. Sovereignty

resides in the people and all government authority emanates from
them.”
Defensive War
• Article51 of the UN Charter provides:
“ Nothing in the present Charter shall impair the inherent right of the
individual or collective self defense if an armed attack, occurs against a
Member of the United Nations, until the Security Council has taken
measures necessary to maintain international peace and security”
Individual Self-Defense
• Defensive war is not renounced by the Constitution
• What is prohibited is an aggressive war
• To renounce war waged against self defense is to divest the most
important attribute of a state to exist.
Collective Self-Defense
• By virtue of a defense alliance arrangement, a group of states may
exercise self defense collectively against an aggressive state.
• Even if an enemy state attacked only one ally, the alliance may launch
a concerted war against the former to defend the latter
Preventive Defensive War
• Under Article 51 of the UN Charter, the exercise of individual or
collective self- defense will only be justified “If an armed attack
against a Member of the United Nations”
 The Bill of Rights
• It is the declaration and enumeration of a person’s rights and
privileges which the Constitution is designed to protect against
violation by the government and other individuals.
• Classes of Rights
a. Natural rights - right possessed by any person even without being
granted by the state
b. Constitutional rights - right granted and protected by the
constitution
c. Statutory rights - rights granted by the laws promulgated by the law
enacting bodies
 The Bill of Rights
“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”
LIFE – is not limited to the literal meaning of life. It includes the right of
the individual to its body in its completeness, free from
dismemberment, and extends to God-given faculties which makes life
enjoyable.
LIBERTY – the right to exist and right to be free from personal restraint
or servitude, the right to contract, the right to choose one’s
employment, the right to labor, etc.
 The Bill of Rights
“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”
PROPERTY – refers to anything that can come under the right of
ownership and be subject of a contract

DUE PROCESS OF LAW - it is a legal maxim that hears before it

condemns and renders judgment only after trial.
 The Bill of Rights
TWO ASPECTS OF DUE PROCESS:
a. Procedural – The manner or procedure which must be followed in
the enforcement or application of a law
b. Substantive – this means that the law to be applied is valid, just and
not arbitrary
 The Bill of Rights
EQUAL PROTECTION OF THE LAW
• It means all persons or things similarly situated should be treated
alike both as to rights conferred and responsibilities imposed
Example:
If a doctor who earns 35,000/month, and a teacher who is earning
12,000/month, if they will be taxed with the same amount of
800/month, is it just or fair? Does this observe equal protection of the
law?
 Crimes Against Persons
• Parricide
• Murder
• Homicide
• Death caused in a Tumultuous Affray
• Physical Injuries inflicted in a tumultuous affray
• Giving Assistance to Suicide
• Discharge of Firearms
• Infanticide and Abortion
• Duel
• Physical Injuries
 Crimes Against Liberty
• Kidnapping and Serious Illegal Detention
• Slight Illegal Detention
• Unlawful Arrest
• Inducing a Minor to abandon his home
• Slavery
• Exploitation of Labor
• Services rendered under compulsion in payment of debt
 Crimes Against Property
• Robbery
• Brigandage
• Theft
• Usurpation (Occupation of real property or usurpation of real rights)
• Altering boundaries or landmarks
• Culpable insolvency
• Swindling
• Chattel mortgage
• Arson
• Malicious mischief
 Section 2 Right Against Illegal Search and
Illegal Arrest
The right of the people to be secure 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
 Section 2 Right Against Illegal Search and
Illegal Arrest
General Rule:
Search = Valid Search Warrant
Arrest = Valid Warrant of Arrest

Exemptions: Exemptions:
Warrantless Search/ Search without a valid search Citizen’s arrest/ Warrantless arrest
warrant
1. In flagrante delicto
1. Consented search
2. Caught in the act
2. Search incidental to a lawful arrest
3. Personal knowledge of the arresting officer
3. Search on ports of entry
4. Escaped Prisoner
4. Search on moving vehicles
5. Plain view doctrine
 Section 3 Right to Privacy of Information
“ 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”
• Right to privacy - right to be left alone; free from undesired publicity
and disclosure
• Limitations:
1. Lawful order of the court; and
2. Public safety or order requires
Effect of Violation of the First Three Provisions
Fruit of the Poisonous Tree Doctrine
“Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any
proceeding”
 Section 4 Right of Expression

“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”
 Section 4 Right of Expression
• Speech and expression include any form of oral utterances, pictures,
actions and the like
• Press includes any sort of publication
• Right to assembly is the right on the part of the citizen tomeet
peaceably for consultation
• Right to petition is the right of any person or group of persons to
apply w/o fear any complaints or suggestion before the government
offices
• Limitations:
a. Subject to regulation by the state - for public safety, public health,
public order and the like
b. Subject to regulation by the law or the court
 Section 5 Right to Choose a Religion and to
Exercise Religious Beliefs

• 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
 Section 5 Right to Choose a Religion and to
Exercise Religious Beliefs
• Religious freedom – right of man to worship God or whomever or
whatever he/she chooses to worship
• Aspects of Religious Freedom:
a. Freedom to believe:
Absolute right of every individual to believe whatever they want
to believe
b. Freedom to act
This is not absolute; actions based on religious beliefs is limited
Limitations
(Same with Section 4)
 Section 6 The Right of Abode and Travel
“ 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”
 Section 6 The Right of Abode and Travel
It is the right of a person to have his home in whatever place
chosen by him and thereafter to change it at will, and to go
where he pleases w/o interference from any source.

Limitations (Same with Section 4)

 Section 7 Right to Information on Matters of
Public Concern
“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”
 Section 7 Right to Information on Matters of
Public Concern
• Scope of the Right:
a. Right embraces all public records
b. Limited to citizens only w/o prejudice to the right of aliens to have
access to records of cases where they are litigants; and
c. Exercise of this right is limited by law
Limitation:
Public records related to national security and other records which are
confidential in nature cannot be given to anybody who request for it
 Section 7 Right to Information on Matters of
Public Concern
• Writ of Habeas Data
- judicial remedy available to any individual whose right to
privacy in life, liberty and security is violated or threatened by
an unlawful act or omission of public official or employee
 Section 8 The Right to Form Associations

“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”

Freedom to organize or to be a member of any group or association,

union or society and to adopt the rules which the members judge most
appropriate to achieve their purpose
Limitation: Purpose must not be contrary to law
 Section 9 The Right to Property
“Private property shall not be taken for public use without
just compensation”
• Eminent domain - right/ power of the state to take private property
for public use upon paying to the owner a just compensation
• Limitations:
a. Must be for public use
b. Payment of just compensation
c. Observance of due process of law
 Section 10 Non Impairment of Contract
“No law impairing the obligation of contracts shall be passed”
• Obligation of a contract
• law or duty which binds the parties to perform their agreement according
to its terms or intent

Limitation:
Contract must not be contrary to law, morals, good custom, public order or
public policy.
• Contracts are impaired = when its terms or conditions are changed by law
or by a party without the consent of the other
Section 11 Right to Free Access to Courts and
Quasi-Judicial Bodies

“Free access to the courts and quasi-judicial bodies

and adequate legal assistance shall not be denied to
any person by reason of poverty”
Section 11 Right to Free Access to Courts and
Quasi-Judicial Bodies
• One of the right of the accused is to have adequate legal assistance.
To have adequate legal assistance, the accused must have the right to
enter the courts or any quasi-judicial bodies.
• Poverty is not a reason to deny the person the right to access the
courts
 Quiz
1. It is the declaration and enumeration of a person’s rights and
privileges which the Constitution is designed to protect against
violation by the government and other individuals.
2. right granted and protected by the constitution
3. right to be left alone; free from undesired publicity and disclosure
4. judicial remedy available to any individual whose right to
privacy in life, liberty and security is violated or threatened by
an unlawful act or omission of public official or employee
5. right of man to worship God or whomever or whatever he/she
chooses to worship
 Quiz
6. right/ power of the state to take private property for public use upon
paying to the owner a just compensation
7. Absolute right of every individual to believe whatever they want to
believe
8. Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding
9. law or duty which binds the parties to perform their agreement
according to its terms or intent
10. Right which ensures that poverty is not a reason to deny the person
the right to access the courts
 Quiz
11. the right to exist and right to be free from personal restraint or
servitude, the right to contract, the right to choose one’s employment,
the right to labor, etc.
12. It means all persons or things similarly situated should be treated
alike both as to rights conferred and responsibilities imposed
13. This means that the law to be applied is valid, just and not arbitrary
14. It is the right of a person to have his home in whatever place
chosen by him and thereafter to change it at will.
15. – is not limited to the literal meaning of life. It includes the right of
the individual to its body in its completeness, free from
dismemberment, and extends to God-given faculties which makes life
enjoyable.
 Sec 12 Miranda Doctrine
1. Any person under investigation for the commission of an offenses
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
2. No torture, force, violence, threat, intimidation, or any other
means, which vitiate the free will which shall be used against him.
Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited
 Sec 12 Miranda Doctrine
3. Any confession or admission obtained in violation of this or section
17 hereof shall be inadmissible in evidence against him
4. The law shall provide for penal and civil sanctions for violations of
this section as well as compensation of and rehabilitation of
victims of torture or similar practices, and their families
 Sec 12 Miranda Doctrine
MIRANDA DOCTRINE
• This doctrine has originated in 1996 case of Miranda vs. Arizona
• The US Supreme Court held that:
“the prosecution may not use statements, whether exculpatory or
inculpatory, stemming from custodial interrogation of the defendant
unless it demonstrates the use of procedural safeguards effective to
secure the privilege against self- incrimination”
 Sec 12 Miranda Doctrine
Custodial investigation
- means any “questioning initiated by law enforcement officers after a
person has been taken into custody or deprived of his freedom of
action in any significant way.”
- R.A. 7438 – custodial investigation shall include 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. .
 Sec 12 Miranda Doctrine
EXTRAJUDICIAL CONFESSION to be ADMISSIBLE:
a. Voluntary;
b. With assistance of counsel;
c. In writing; and
d. Express
 Sec 13 RIGHT TO BAIL
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
available 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
 Sec 13
• The general rule on bail is that all persons shall have the right to bail
• Bail is the security given for the temporary release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his
appearance before the court
• Bail can be by corporate surety, property bond, or cash deposits
 Sec 14 Rights of the Accused
1. No person shall be held to answer for a criminal offense without
due process of law.
2. 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.
 Sec 15
The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when public safety requires it

THE WRIT OF HABEAS CORPUS

- is a prerogative writ of liberty employed to test the validity of person’s
detention
- is 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, to submit to, and receive whatever
the court or judge awarding the writ shall consider in his behalf
 Sec 16
All persons shall have the right to a speedy disposition of their cases before all
judicial,, quasi-judicial, or administrative bodies

RIGHTS OF THE ACCUSED

CRIMINAL DUE PROCESS
ART. III. SEC. 14(1) “No person shall be held to answer for a criminal offense
without due process of law.”
ASPECTS OF CRIMINAL DUE PROCESS:
a. Substantive
b. Procedural
- Criminal due process requires the accused be tried by an impartial and competent
court in accordance with the procedure prescribed by law and with proper
observance of all the rights accorded him under the Constitution and the applicable
statutes.
 Sec 16
RIGHT TO PRELIMINARY INVESTIGATION
- is a statutory rather than constitutional in its fundament, it is a
component part of due process in criminal justice
- The right to have a preliminary investigation conducted before being
bound over to trial for a criminal offense and hence formally at risk of
incarceration or some other penalty is not a mere formal or technical
right;
- it is a SUBSTANTIVE RIGHT.
- To deny the accused‟s claim to a preliminary investigation would be
to deprive him of the full measure of his right to due process.
 Sec 17
• No person shall be compelled to be a witness against himself
- This 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 person accused of an offense but by any witness to whom an
incriminating question is addressed.
- Generally, the rule may only apply to testimonial evidence.
- The prohibition applies 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 power.
 Sec 17
WAIVER
- The right against self-incrimination may be waived, either directly or
by a failure to invoke it, provided the waiver is certain and unequivocal
and intelligently, understandingly and willingly made.
 Sec 18
1. No person shall be detained solely by reason of his political beliefs
and aspirations
2. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted
 Sec 18
“involuntary servitude” – the condition of one who is compelled by
force, coercion, or imprisonment, and against his will, to labor for
another, whether he is aid or not.
“slavery” – that civil relation in which one man has absolute power
over the life, fortune and liberty of another
“peonage” – a condition of enforced servitude by which the servitor is
restrained of his liberty and compelled to labor in liquidation of some
debt or obligation, real or pretended, against his will.
 Sec 18
EXCEPTIONS:
- Pursuit of persons who have violated the law, such as brigands, the
authorities “might command all the male inhabitants of a certain age
to assist them, this would be justified under the police power.
- Unemancipated minors under the patria potestas and so “are obliged
to obey their parents so long as they are under parental power, and
to observe respect and reverence toward them always.
 Sec 18
EXCEPTIONS:
“punishment for a crime whereof the party shall have been duly convicted”
- Malefactors may be validly punished with imprisonment and compelled to
work in atonement for their crimes.
- While a person may not as a rule be compelled to accept a public
appointive office, he may not refuse to do so if the position is intended for
the defense of the State.
- Art. II, Sec. 4, of the Constitution provides “all citizens may be required,
under conditions provided by law, to render personal military or civil
service.”
 Sec 19
1. 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.
2. 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
 Sec 20
No person shall be imprisoned for debt
NON-IMPRISONMENT FOR DEBT “
No person shall be imprisoned for debt or non-payment of a poll tax.”
- As long as the obligation to pay arises ex contractu, it is considered a
private matter between the creditor and the debtor and the punitive arm
of the State cannot be employed in a criminal action to enforce the
former‟s right.
- The remedy in this case is a civil action only for the recovery of the unpaid
debt.
- “debt” – any civil obligation arising from contract, expressed or implied.
 Sec 20
CRIME - But although the debtor cannot be imprisoned for his failure to pay
his debt, he can be validly punished in a criminal action if he contracted his
debt through fraud;
In such a case, the act for which he is penalized is the deception he
employed in securing the debt, not his default in paying it.

POLL TAX - Since a tax is not a debt but arises from the obligation of the
person to contribute his share in the maintenance of the government, failure
to pay the same can be validly punished with imprisonment. The only

EXCEPTION is failure to pay a poll tax, which is defined as a specific fixed sup
levied upon every person belonging to a certain class without regard to his
property or occupation.
 Sec 21
No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punishable by law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for
the same act
 Sec 21
The right against double jeopardy prohibits the prosecution again of
any person for a crime of which he has previously been acquitted or
convicted.
REQUISITES:
1. A valid complaint or information
2. Filed before a competent court
3. To which the defendant had pleaded
4. Of which he had been previously acquitted or convicted or which
was dismissed or otherwise terminated without his express consent
 Sec 21
CRIMES COVERED
- If the four above-stated elements of double jeopardy are present, the
accused may not be prosecuted anew for the original offense charged,
or for any attempt to commit the same or frustration thereof, or for any
offenses which necessarily includes or is necessarily included in the
offense charged in the original complaint or information.
 Sec 22
No ex post facto law or bill of attainder shall be enacted
• Is one that would make a previous act criminal although it was not so at the time it was
committed.
• KINDS:
1. Every law that makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an act.
2. Every law that aggravates a crime, or makes it greater that it was when committed.
3. Every law that changes punishment, and inflicts a greater punishment than the law
annexed to the crime when committed.
4. Every law that alters the 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.
5. Every 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.
6. Every law which deprives persons accused of crime of some lawful protection to which
they become entitled, such as the protection of a former conviction or acquittal, or of
a proclamation of amnesty.
 Sec 22
Characteristics of Ex-Post Facto Law:

a) refers to criminal matters;

b) be retroactive in its application;
c) to the prejudiced of the accused
 Sec 22
Bill of Attainder
- is a legislative act that inflicts punishment without
trial, its essence being the substitution of legislative fiat
for a judicial determination of guilt. It is when a 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 a judicial trial.
 Choose Your Answers from the box below:
Bill of Attainder Custodial Investigation Right to Preliminary Investigation

Ex Post Facto Law Miranda Doctrine Right Against Self-Incrimination

Criminal Due Process Double Jeopardy Innocent Bail

 Quiz
1. A legislative act that inflicts punishment without trial, its essence being
the substitution of legislative fiat for a judicial determination of guilt
2. A law that would make a previous act criminal although it was not so at
the time it was committed
3. Prohibits the prosecution again of any person for a crime of which he has
previously been acquitted or convicted.
4. means 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.”
5. Conducted before being bound over to trial for a criminal offense and
hence formally at risk of incarceration or some other penalty is not a
mere formal or technical right;
 Quiz
6. A condition of enforced servitude by which the servitor is restrained of his liberty
and compelled to labor in liquidation of some debt or obligation, real or pretended,
against his will.
7. In all criminal prosecutions, the accused shall be presumed ______ until the
contrary is proved
8. A doctrine where any person under investigation for the commission of an
offenses 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
9. This 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 person accused of an offense but
by any witness to whom an incriminating question is addressed.
 Quiz
10. Is the security given for the temporary release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his
appearance before the court
11. Requires the accused be tried by an impartial and competent court
in accordance with the procedure prescribed by law and with proper
observance of all the rights accorded him under the Constitution and
the applicable statutes