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polgov Flashcards

1
Q

Approved by the 1986 Constitutional Commission on October 12, 1986,It was ratified on February 2,
1987 by a plebiscite. It was proclaimed in force on
February 11, 1987.

A

1987 CONSTITUTION

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2
Q

the 1987 Constitution of the Republic of the Philippines was presented to

A

President Corazon C.
Aquino on October 15, 1986

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3
Q

comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all
other territories over which the Philippines has sovereignty
or jurisdiction, consisting of its terrestrial, fluvial, and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas.

A

ARTICLE I - National Territory

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4
Q

a group of islands including parts of islands, interconnecting waters and other natural features which
are closely interrelated that such islands, waters and other
natural features from an intrinsinc geographical, economic
and political entity, or which historically have been
regarded as such.

A

ARTICLE I - National Territory Archipelago

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5
Q

The Philippine archipelago is that body of water, studded with islands which are

A

ARTICLE I - National Territory
Archipelago

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6
Q

Archipelago, The Philippine archipelago is that body of water, studded with islands which are

A
  1. Included in treaty limits such as the Treaty of Paris
    (1898), the Treaty of Washington (1900) and the
    Treay of Great Britain (1930).
  2. Isldan of Batanes
  3. Those which fall under the phrase “belonging to the
    Philippines by historic right or legal title”, and
  4. All other territories which the Philippines has
    sovereignty and jurisdiction.
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7
Q

around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

A

ARTICLE I - National Territory
The Waters

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8
Q

The aid of Almighty
God in the life of the
nation is expressly
recognized.

A

ARTICLE II - Declaration of Principles and State Policies
PRINCIPLE

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9
Q

The Preamble is a collective
prayer. In imploring the aid of
God Almighty, we declare our
belief in God’s existence and
believe in His power to guide
our destinies

A

ARTICLE II - Declaration of Principles and State Policies
BRIEF DESCRIPTION

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10
Q

Preamble or
introduction of the
constitution

A

ARTICLE II - Declaration of Principles and State Policies
SOURCE IN THE 1987
CONSTITUTION

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11
Q

The Philippines is a democratic and
republican State. Sovereignty resides in the people and all government authority emanates from them.

A

ARTICLE II - Declaration of Principles and State Policies
Section 1.

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12
Q

explicitly subscribes to an indirect,
representative or republican form of democratic government.
This means that our country is ruled by representatives of the
people chosen through democratic elections. Public officers
such as the President, Vice-President, Senators, congressmen,
governors, mayors and so on, exercise power delegated by
the people who remain the ultimate source of political power
and authority.

A

BASIC PRINCIPLES OF 1987 CONSTITUTION

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13
Q

The People are
Sovereign

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (PRINCIPLE)

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14
Q

All political powers in
government emanate
from the people.
Article II, Section 1

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (BRIEF
DESCRIPTION)

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15
Q

Article II, Section 1

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (SOURCE IN THE 1987
CONSTITUTION)

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16
Q

embodies some features of a pure
democracy in which the people can directly by their sovereign power, rule the country.

This is manifested in the provisions on referendum and
people’s initiative in amending the constitution (see Art.
VI, Sec. 32) (De Leon 1997: 43).

A

1987 Constitution

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17
Q

Understood as participatory democracy, contemplates instances where the people would act
directly and not through their representatives (Tolentino v COMELEC, 420 SCRA 438)

A

DEMOCRATIC

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18
Q

A government authority that emanates from the people, and is exercised by representative chosen by
the people.

Is a responsible government whose officials holds and
discharge their position as a public trust, and shall
according to the constitution “at al times be
accountable to the people,”

A

REPUBLICAN

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19
Q

The people are possessors of sovereign power, and
the source of all government authority.

This does not mean, however that the newconstitution allows direct or pure democracy where
people directly manage their affairs.

Hence, Section 1 of Article II of the Constitution states
that the “sovereignty resides in the people and all
government authority emanates from them”.

Technically, only registered voters or the electorate has
the power to exercise and delegate this sovereign power
in an election, plebiscite or referendum.

A

SOVEREIGN POWER

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20
Q

Majority Rule

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (PRINCIPLE)

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21
Q

The majority rule is the unwritten law of democratic governance. It simply means that the wishes of the majority prevails over those of the minority. Governance is generally determined by the rule of majority. Those who received majority votes in an election, for instance, are usually given the authority to decide or rule.

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (BRIEF DESCRIPTION)

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22
Q

Article II,
Section 1

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (SOURCE IN THE 1987 CONSTITUTION)

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23
Q

Ours is a government of laws and not of men. It is meant that no man in this country is so high that he is
above the law, that no officer of the law may set the law at defiance with impuity, and that all officers of
the government are creatures of the law and are bound to obey it.

A

THE RULE OF LAW

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24
Q

Government of Laws

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (PRINCIPLE)

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25
Q

It means that no person in
this country is above or
beyond the law. The
government is governed by
rational-legal rules and not by
self-interested individuals or
groups

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (BRIEF DESCRIPTION)

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26
Q

Article II, Section 1

A

BASIC PRINCIPLES OF 1987 CONSTITUTION (SOURCE IN THE 1987
CONSTITUTION)

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27
Q

The Philippines renounces war as an
instrument of national policy, adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.

A

ARTICLE II - Declaration of Principles and State Policies
Section 2.

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28
Q

 Under this section, the Philippines subscribes to the United
Nations Charter binding all members to “refrain in their international
relations from the threat or use of force against the territorial
integrity or political independence of any state….” (De Leon 1997: 45).

This means that Congress cannot authorize the President to invade
another country or annex any territory of another state just like what
Iraq did when Saddam Hussein invaded Kuwait during the Gulf war.
The Philippines “adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations” (Section 2).

A

BASIC PRINCIPLES OF 1987 CONSTITUTION

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29
Q

The war renounced is the war of aggression for territorial aggrandizement.

A war, however, where the country has to defend its
honor and integrity is allowed.

A

THE RENOUNCIATION OF WAR

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30
Q

War as an instrument of
national policy is
renounced.

A

PRINCIPLE

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31
Q

Only defensive war is
allowed by law; invasion
or offensive war against
another country is
unconstitutional.

A

BRIEF
DESCRIPTION

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32
Q

Article II, Section 2

A

SOURCE IN THE 1987
CONSTITUTION

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33
Q

Under the doctrine of incorporation – the generally accepted principles of international law becomes part
of the law of the land without need of a law to be passed by Congress.

A

THE ADOPTION OF INTERNATIONAL LAW

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34
Q

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

A

ARTICLE II - Declaration of Principles and State Policies

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35
Q

Ensured by
1. The installation of the President, the highest civilian authority, as the commander-in-chief of all the
Armed Forces of the Philippines (Article VII, Section 18)
2. The requirement that members of the AFP swear to uphold and defend the Constitution which is the
fundamental law of the civil government. (Article XVI, Section 5 (1)

A

CIVILIAN SUPREMACY

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36
Q

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

A

ARTICLE II - Declaration of Principles and State Policies

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37
Q

 The prime duty of the Government is to serve and protect the people.

 This does not contemplate money or property or their equivalent, but personal service.

 Substitutionary service is not allowed because of the
equal protection clause.

 The duty of the government to protect the State cannot be performed except through an army.

 A citizen cannot invoke exemption from rendering military and civil service on the ground of religion as
this provisions is based on the inherent right of every
state to existence and self-preservation.

A

GOVERNMENT AS PROTECTOR & PEOPLE AS DEFENDERS OF THE STATE

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38
Q

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion
of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

A

ARTICLE II - Declaration of Principles and State Policies

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39
Q

Section 6. The separation of Church and State shall be
inviolable.

A

ARTICLE II - Declaration of Principles and State Policies

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40
Q

that each institution has a specific sphere or duty to perform in society:
the Church on purely matters of religion and morals and the State on
purely political matters or temporal aspects of people’s life.

Ideally, each institution should not interfere with the other’s sphere
in order to avoid conflict. But in some cases, the Church criticizes some public officials and lobbies for a change in public policies claiming that morality covers public service especially corruption in
government.

Thus the dividing line between the respective domains of the Church and State has always been the subject of disagreement. Ideally, the relationship must be that of cooperation and mutual support but questionable, corrupt, and immoral government action or policy often invites Church interference and thus leads to hostility
between these two powerful institutions in Philippine society.

A

THE SEPARATION OF THE CHURCH AND THE STATE

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41
Q
  1. Non-establishment Clause – pubic funds cannot be spent for religious purposes (Article III, Section 5)
  2. Free Exercise Clause
  3. Religious Test Clause
  4. Ineligibility of religious sects from being registered as a political party (B.P. Bg. 881, Section 61)
A

THE SEPARATION OF THE CHURCH AND THE STATE THROUGH

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42
Q

The State has no official
religion.

A

PRNCIPLES

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43
Q

Although predominantly a Catholic country, the Philippines has different religions. The word “religion” includes all faiths, or all churches, sects, denominations, sectarian institution or system of beliefs.

A

EXPLANATION

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44
Q

The State has no official
religion.

A

PRNCIPLES

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45
Q

The state assumes an attitude of neutrality with regard to all religions and is not allowed by the constitution to enact a law making a particular religion or church as the state
religion.

A

EXPLANATION

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46
Q

The State cannot set-up a church, whether or not supported with public funds; nor aid one or all religions (see
Art. VI, Sec. 29 [2]), or prefer one religion over another

A

PRNCIPLES

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47
Q

The government cannot initiate the
building of a church, chapel or any religious structure nor sponsor religious activities favoring a particular religion, whether funds being used come from the government or private sector.

A

EXPLANATION

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48
Q

It cannot also pass laws aiding one or all religions or prefer one religion over another. In some cases the government may spend money for the Pope’s visit in the Philippines not as the head of the Catholic Church but as
the Head of the independent state of the Vatican.

A

EXPLANATION

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49
Q

Every person is free to
profess belief or disbelief in
any religion;

A

PRNCIPLES

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50
Q

Any person has the right to choose or not choose a particular religion without duress or punishment from the state.

A

EXPLANATION

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51
Q

Every religious minister is
free to practice his calling;
and

A

PRINICIPLES

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52
Q

This respects the vocation of those who wish to become a priest, religious, imam, pastor, minister of any religious calling.

A

EXPLANATION

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53
Q

The State cannot punish a
person for entertaining or
professing religious beliefs or
disbeliefs.

A

PRINICIPLES

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54
Q

The right to believe and not to believe in God is covered by this constitutional doctrine. A person who believes in Satanism or rejects God’s existence cannot just be arrested by the
State unless he or she performs illegal or criminal acts in relation to such belief

A

EXPLANATION

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55
Q
  1. Tax exemption of lands and buildings used for religious purposes from real property tax (Article VI,
    Section 28(3)).
  2. Exemption from appropriation for sects (Article Vi, Section 29(2)).
  3. Optional religious instruction in schools (Article XIV, Section 3(3)).
  4. Exceptions on Filipino ownership for schools (Article XIV, Section 4(2))
A

THE SEPARATION OF THE CHURCH AND THE STATE - EXEMPTION

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56
Q

The doctrine of separation of Church and State does not mean hostility between these two powerful institutions in the country. After
all, both serve the same people as their constituents or believers. To
illustrate, the constitution has allowed some concessions to the Church as these can provide beneficial results to the citizens in the
long run:

A

THE SEPARATION OF THE CHURCH AND THE STATE - EXEMPTION

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57
Q

Art. 132. Interruption of religious worship. (RPC) — The penalty of
prision correccional in its minimum period shall be imposed upon any
public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum
periods.

A

Separation of Church and State (Art. II, Section 6)

Art. 132. Interruption of religious worship. (RPC)

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58
Q

Art. 133. Offending the religious feelings (RPC). — The penalty of
arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in a place
devoted to religious worship or during the celebration of any religious
ceremony shall perform acts notoriously offensive to the feelings of
the faithful.

A

Separation of Church and State (Art. II, Section 6)

Art. 133. Offending the religious feelings (RPC)

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59
Q

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. (RPC) — The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon:

(1) Those who shall publicly expound or proclaim doctrines
openly contrary to public morals;

A

Separation of Church and State (Art. II, Section 6)

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60
Q

The set of prescriptions setting forth the fundamental civi and political rights of the individual and imposing limitations on the power of the government as a means of securing the enjoyment of those rights.

A

Article III – BIL OF RIGHTS

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61
Q

The idea of human rights is not universal. Even if human rights are considered to be inalienable, a moral attribute of persons that the state cannot violate, rights still have to
be identified – that is constructed – by human being and codified in the legal system (Donnelly 1999: 71-102)

Human right is a socially constructed concept which was gradually accepted by modern nations through the United
Nations Charter and declarations. Conversely, not all societies around the world recognize the fundamental
rights of each individual in society.

In ancient societies and states ruled by absolute monarchs, kings or emperors, for instance, individuals
especially the commoners had no power to assert their basic human rights. The word of the king becomes the law of the land. Even our pre-colonial barangays with the datu
ruling as the chief executive assisted by his close relatives and allies, the idea of human rights was nonexistent.

Although in theory, the idea of people having God-given and inalienable rights have long been discussed by earlier philosophers and theologians, its codification and application
to modern societies is a recent development in legal history. It
was the American and French revolutions of the eighteenth
century that started to create national policies based on broadly shared human rights. Despite the rhetoric of
universality, the adoption and implementation of human rights still depend on the political will of each country.

With the birth of nation-states in the 19th century and the establishment of the United Nations, the idea of human rights gradually became universalized by its members.

A

THE NATURE OF HUMAN RIGHTS

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62
Q

In particular, the Bill of Rights became more and more integrated in constitutions and legal codes of countries after the United
Nations enacted a global international law called___. This was
adopted by the General Assembly or member-countries of the
United Nations on December 10, 1948 (Forsythe 2006: 3-5).

A

the Universal Declaration of Human Rights in 1945.

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63
Q

TYPES OF HUMAN RIGHTS
In general, human rights can be classified into three types
as shown below:

A
  1. natural,
  2. constitutional, and
  3. statutory
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64
Q

Of all these rights, natural rights are the highest form because
they are God-given and inherent in a person’s human dignity as
created in the image and likeness of God (Genesis 1)

A

Natural Rights

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65
Q

are granted by the country’s constitution to all its citizens. They presumed to respect the natural rights
given by God.

A

Constitutional rights

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66
Q

are created by the legislature and approved by the President. These rights must be based on the constitutional provisions on human rights; otherwise, they can
be abolished by the Supreme Court as illegal and unconstitutional. These rights are expected also to respect the
natural rights of the human person.

A

The statutory rights

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67
Q

TYPE

DESCRIPTION

EXAMPLE

A

NATURAL

God-given right,
inherent and inalienable

God-given right,
inherent and inalienable

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68
Q

TYPE

DESCRIPTION

EXAMPLE

A

CONSTITUTIONAL

Conferred and guaranteed by the
Constitution

Rights in the Bill of Rights such right to due process, equal protection, warrant of arrest, etc.

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69
Q

TYPE

DESCRIPTION

EXAMPLE

A

STATUTORY

Conferred or given by the legislature like Philippine Congress

Right to minimum wage,
to inherit property

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70
Q

Constitutional rights are further divided into :

A

a. political,
b. civil,
c. social and economic, and
d. the rights of the accused

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71
Q

TYPE

DESCRIPTION

EXAMPLE

A

POLITICAL

Rights which give citizens to participate
directly or indirectly in the establishing and administering the government

Right to citizenship, suffrage, information of public concern

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72
Q

TYPE

DESCRIPTION

EXAMPLE

A

CIVIL

Rights given to private individuals for the purpose of securing the
enjoyment of their means of happiness

Rights against involuntary servitude,
imprisonment against non-payment of debt or poll tax, liberty of abode

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73
Q

TYPE

DESCRIPTION

EXAMPLE

A

SOCIAL AND ECONOMIC z

Rights intended to secure the wellbeing and economic security of individuals

Right to property, rights dealing with social justice (Art. XIII), promotion of education, science & technology,
arts & culture (Art. XIV)

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74
Q

TYPE

DESCRIPTION

EXAMPLE

A

RIGHTS OF THE ACCUSED

Rights intended to protect a person
accused of any crime

Right to a speedy, impartial and public
trial, right to a lawyer of his/her own choice, right to remain silent

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75
Q

In the Philippines, the incorporation of human rights in the constitution started with the Malolos Constitution in 1899 and was continued in the 1935, 1973 and 1987 Constitutions. In the 1987 Constitution, the list of human rights is contained in the Bill of Rights, Article III, Sections
1 to 22 of the charter.

A

BILL OF RIGHTS

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76
Q

defined as a “declaration and
enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government, or by individual or groups of individuals

A

BILL OF RIGHTS

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77
Q

The set of prescriptions setting forth the fundamental civil and political rights of the individual and imposing limitations on the power of the government as a means of securing the enjoyment of those rights.

A

BILL OF RIGHTS

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78
Q

It is designed to preserve the ideals of liberty, equality and security against the assault of opportunism, the expediency of the passing hour,
the erosion of small encroachments, and the scorn and derision of those who have no patience with general principles.

A

BILL OF RIGHTS

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79
Q

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.

A

Article III – BIL OF RIGHTS
* Section 1.

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80
Q

ART. III, SEC. 1
Under this section, a person has two important
constitutional rights, namely:

A
  1. the right to due process, especially with regard to his or her
    right to life, liberty and property, and
  2. the right to equal protection of the law.
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81
Q

 is guaranty against any arbitrariness on the part of the government, whether committed by the
legislative, the executive, or judiciary.

 If the law itself unreasonably deprives a person of his life or his liberty or his property, he is denied the
protection of the due process.

A

DUE PROCESS

82
Q

The most popular term in legal cases and arguments is “due process”. This term has no strict definition. But it is a
very important aspect in the acquisition of justice in the
courtroom.

A

due process

83
Q

It has various descriptions in cases decided by the courts. Due process can refer to:

A
  1. “ A law which hears before it condemns, which proceeds
    upon inquiry and renders judgment only after trial” (Darmouth College vs. Woodward, 4 Wheaton 518)
  2. “Responsiveness to the supremacy of reason, obedience to the dictates of justice” (Ermita-Malate Hotel & Motel
    Operators Association vs. City of Manila, 20 SCRA 849).
  3. “the embodiment of the sporting idea of fair play” (US Supreme Court Justice Frankfurter)
84
Q

 If the enjoyment of his rights is conditioned on an unreasonable requirement, due process is likewise violated.

Whatsoever be the source of such rights, be it the Constitution
itself or merely a statute, its unjustified withholding would also
be a violation of due process.

A

DUE PROCESS

85
Q

 any government act that militates against the ordinary norms of justice or fair play is considered an infraction of the great guaranty of due process; and this is true whether the denial
involves violation merely of the procedure prescribed by the
law or affects the very validity of the law itself.

As a whole, “due process” simply means that a person’s case in
court should be treated justly, which means that his/her case
must be judged based a just law and according to the rules of
legal procedures prescribed by the judicial system

A

DUE PROCESS

86
Q

This due process refers to the content or the letter of the law
itself. It requires that the law itself is reasonable, just and enacted in good faith and according to legislative rules. An unjust law cannot be used by the State to charge a person for
committing a crime or illegality.

A

Substantive due process

87
Q

This type of due process simply requires that the rules or procedures in processing a legal case must be observed judiciously by the court.

A

Procedural due process

88
Q

The Supreme Court of the Philippines
as mandated by the constitution promulgates rules in processing legal cases in court. It contains all the
rules in dealing with criminal, civil and administrative cases
such as the rules on appeals, rules of evidence, criminal and
civil procedures, and so on.

A

the Revised Rules of Court in the Philippines

89
Q

The due process clause protects all persons, natural as well as artificial.
Natural persons include both the citizen and the alien.
Artificial persons like corporations and relationships are
also covered by the protection but only insofar as their
property is concerned

A

PERSON

90
Q

To deprive is to take away forcibly, to prevent from possessing, enjoying, or using something. However, there
would be unlawful deprivation if one’s property is destroyed by the authorities even if it is not noxious or intended for a noxious purpose, or is taken from him without just
compensation or is regulated in such an arbitrary manner as
to deprive him of its lawful enjoyment and use.

A

DEPRIVATION

91
Q

s not necessarily unconstitutional.
What is prohibited is deprivation of life, liberty or
property without due process.

A

DEPRIVATION

92
Q

as understood under the due process clause connotes in the first place the integrity of the physical person. The meaning is that it is not permissible for the government to deprive the individual of any part of his body, and this is true even if it be punishable for crime.

it will be unlawful to amputate his hands if he is a thief or castrate him if he is a rapist or strike out his eyes for unjust vexation or cut off his tongue for objectionable remarks he may have. Any measure that would even only endanger his health or subject to him to unnecessary pain or to unreasonable physical exertion,
would also be subject to challenge.

A

life

93
Q

Liberty is the freedom to do right and never wrong.

A

according to mabini LIBERTY IS

94
Q

guaranteed under the due process clause, is not unbridled license; it is liberty regulated by law. A person is
free to act but he may exercise his rights only in such manner as not to injure the rights of others. One’s own liberty must be enjoyed consistently with the enjoyment of a like liberty by
others.

A

LIFE

95
Q

the individual, creature of society, should be prepared to surrender part of his freedom for the benefit of
the greater number in recognition of the time honoured principle of

A

“salus populi est suprema lex”
LIBERTY

96
Q

He may marry for love or for money, pursue a profession or engage in manual labour, establish his own business or merely hire out as an employee, isolate himself in the community or mix with his neighbours, profess a religion or embrace atheism in short, do anything that does not offend the public
warfare.

A

LIBERTY

97
Q

anything that can come under the rights of ownership and be the subject to contract.

This will include all things real, personal , tangible and
intangible that are within the commerce of main, like lands,
jewelry, automobiles, buildings, goodwill, inheritance, intellectual creations, future earnings, works of art, animals, mortgages, insurance proceeds

A

PROPERTY

98
Q

Embraced in the concept of due process, as every unfair
discrimination offends the requirements of justice and fair
play.

Simply requires that all persons or things similarly situated
should be treated alike, both as to rights conferred and
responsibilities imposed.

Similar subjects should not be treated differently, so as to
give undue favor to some and unjustly discriminate against
others.

A

EQUAL PROTECTION OF THE LAWS

99
Q

The equal protection clause is available to all persons, natural
as well as juridical.

Artificial persons, however, are entitled to the protection
only insofar as their property is concerned

A

PERSONS PROTECTED

100
Q

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.

A

ARTICLE III - BILL OF RIGHTS
 Section 2

101
Q

 The sanctity of a person’s house is a time-honored hallmark of all free societies.

 To this day, the ordinary citizen enjoys the right against official intrusion and is master of all the
surveys within the domain and privacy of his own
house.

A

SEARCHES AND SEIZURES

102
Q

 Available to all persons, including aliens, whether accused of a crime or not. personal, it may be invoked only by the person entitled to it.

 The right may be waived wither expressly or impliedly.

 The right applies as a restraint direced only to the government and the agencies tasked with the
enforcement of the law.

 Therefore, one who is not the owner or lessee of the premises searched, or who is not an officer of a
corporation whose papers are seized, cannot challenge the validity of the search or seizure.

 The protection cannot extend to acts committed by a private individuals so as to bring them within the ambit of
alleged unlawful intrusion by the government.

 The Bill of Rights does not protect citizens from unreasonable searches and seizures by private individuals

A

CONCEPT OF SEARCHES AND SEIZURES

103
Q

the judge should personally make the examination (Rule 126, Sec. 4, Rules of Court)

A

Search Warrant

104
Q

a judge may rely simply on prosecutor’s certification as to the probable cause.

A

Warrant of Arrest

105
Q

 It is provided in the Rules of Court, that a peace officer or
private person may, without a warrant arrest a person:

A

WARRANTLESS SEARCHES AND SEIZURES

106
Q
  1. When such person has in fact just committed, is actually
    committing, or is attempting to commit an offense in his
    presence.
  2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it
  3. when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
A

WARRANTLESS SEARCHES AND SEIZURES

107
Q

(1) 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.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose
in any proceeding.

A

ARTICLE III - BILL OF RIGHTS
 Section 3

108
Q

ARTICLE III - BILL OF RIGHTS
 Section 3
The right to privacy means the right to be alone, to be free from unwarranted publicity and to live without
unwarranted interference by the State on matters which do not concern the public. Although people are social beings, they are also entitled to privacy on personal and group matters that do not affect the
rights others.

The Constitution recognizes the right of the individual to communicate and correspond through letters, emails, and messages with others without the State having the right to know the content of these communications, except on matters that affect national security, public order or safety which require a lawful court order. Any evidence illegally obtained in violation of this right to privacy is inadmissible in court

In implementation of this provision, the Anti-Wire Tapping Act, prohibits “any persons, not being authorized by all parties to any private communication or spoken word, to tap
any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept or record the same, or to communicate the content thereof to any other
person.

The right may be invoked against the wife who went to the
clinic of her husband and took documents consisting of
private communication as between her husband and her
alleged paramour.

The right of privacy or the right to be alone like the right of
free expression, is not absolute right. A limited intrusion into
a person’s privacy has long been regarded as permissible
where that person is a public figure and the information
wrought to be elicited constitute of a public character.

A

THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE

109
Q

ARTICLE III - BILL OF RIGHTS
 Section 3
A remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act of a public official or
employee or of a private person engaged in the gathering, collecting, storing of data or information
regarding the person. Family, home and correspondence of the aggrieved party.

It provides a judicial relief remedy to protect a peson’s right to control information regarding oneself, particularly in instances where such
information is being collected through unlawful means in order to achieve unlawful ends.

A

WRIT OF HABEAS DATA

110
Q

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.

A

ARTICLE III - BILL OF RIGHTS
 Section 4

111
Q

ARTICLE III - BILL OF RIGHTS
 Section 4
the right to access to information on matters of public concern

. The right not to be detained solely by reason of one’s political
beliefs and aspirations.

A

FREEDOM OF EXPRESSION

112
Q

ARTICLE III - BILL OF RIGHTS
 Section 4

The instrument and the guaranty and the bright consummate flower of all liberty (Wendell Philips).

 It covers freedom of expression in general, which embraces a number of cognate rights all aimed at
insuring the free and effective communication of ideas from mind to mind.

A

FREEDOM OF EXPRESSION (Speech)

113
Q

ARTICLE III - BILL OF RIGHTS
 Section 4

 Speech, expression and press include every form of expression, whether oral, written, tape or disk
recorded.

 It also includes movie as well as what referred to asymbolic speech such as the wearing of an armband
as a symbol of protest.

 Peaceful picketing has also been included within the meaning of speech.

 The importance of freedom of expression is easily
appreciated.

A

FREEDOM OF EXPRESSION (Speech

114
Q

ARTICLE III - BILL OF RIGHTS
 Section 4
Every person has the right to speak what s/he wants to say privately or publicly as long as he or she does
not offend or violate the rights of others and of the State. The freedom of speech is a hallmark of
democracy. In a totalitarian government, the right to
speech especially if critical to the government is
curtailed.

The most common violation of this right is oral defamation in which a person destroys the reputation
of others by verbal attacks or malicious gossiping.

Expression includes oral utterances, actions or artistic performances in state, video or film. Every person or group has the right to express their mind as long as the right of others or the State are not violated. Pornography, public scandal or libel are the more common violations of this right in our society.

A

FREEDOM OF SPEECH

115
Q

is another crime which can be committed by individuals or groups against the State by uttering
words which promote hatred against a public official or against the government.

A

Sedition

116
Q

ARTICLE III - BILL OF RIGHTS
 Section 4
The term press includes every kind of publications: newspapers, periodicals, journals, magazines, handbills, leaflets, etc. and all instruments of mass
media: radio, television, film, video, etc. Libel or malicious defamation of another person is using
published materials in the press to destroy reputation
of other people.

A

FREEDOM OF THE PRESS

117
Q

ARTICLE III - BILL OF RIGHTS
 Section 4

This refers to the right on the part of citizens to meet
peacefully for consultation in respect to public affairs.
Rallies, demonstrations, and protests are protected by our
Constitution as long they do not disrupt public order and
jeopardize the national security of the State. Permits for
rallies are usually approved or rejected by the city or
municipal mayor. Every rejection must be accompanied with
an explanation and petitioners can appeal to the courts.

A

FREEDOM OF ASSEMBLY

118
Q

This means that every citizen or group has right to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances. Thus, a citizen or group may request an internal investigation of a complaint of misconduct against a public official in a government agency
or demand an explanation for an inaction of a certain petition or application filed in a government office.

A

FREEDOM TO PETITION GOVERNMENT
FOR REDRESS OF GRIEVANCES

119
Q

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.

A

ARTICLE III - BILL OF RIGHTS
 Section 5

120
Q

ARTICLE III - BILL OF RIGHTS
 Section 5
The right to religious freedom has to three aspects:

A
  1. the right to religious belief and worship,
  2. the right to religious profession and
  3. the right against religious tests in the exercise of
    civil or political rights:
121
Q

ARTICLE III - BILL OF RIGHTS
 Section 5
One of the basic liberties of man that have been the subject of official repression and punishment since the beginning of recorded
government.

Our constitution protects the right of individuals to worship God and to entertain views according to their
conscience without interference or dictation by any person or power, civil or ecclesiastical. Under the
doctrine of Separation of the Church and State, the right of the individual not to believe and worship God is also
protected by the Constitution and thus included under this right

A

RIGHT TO WORSHIP

122
Q

ARTICLE III - BILL OF RIGHTS
 Section 5
 Any specific system of belief, worship, conduct, etc., often involving a code of ethics and philosophy.

 A profession of faith to n active power that binds and elevates man to his Creator.

 In the context of constitutional provision, religion also includes a rejection of religion, a refusal to believe in a hereafter or in the
supremacy of a supernatural person with powers over life and death. Everyone is entitled to their respective belief.

A

RELIGION

123
Q

ARTICLE III - BILL OF RIGHTS
 Section 5
Our Constitution also protects the right of individuals who wish to enter religious life or follow a religious
vocation in accordance with his or her religion. The government cannot prevent people to want to become priests, nuns, monks, imams, pastors, or ministers if they wish to.

The Constitutional guarantee of free exercise of religious freedom and worship carries with it the right to
disseminate religious information, and any restraint of such right can be justified only on the ground that there
is a clear and present danger of an evil which the State has the right to prevent. (

A

RIGHT TO RELIGIOUS PROFESSION

124
Q

one that demands the denial or rejection of certain
religious beliefs before the performance of any act. Thus, the religion of citizens must not be included in the qualifications of candidates in public office. It is prohibited to include in the qualification for President
that s/he should be a member of the Catholic religion. Moreover, an
employer cannot reject a job application on the basis of religion. One must not reject a qualified applicant just because he or she belongs to the Born-again movement

A

RIGHT AGAINST RELIGIOUS TEST

125
Q

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.

A

ARTICLE III - BILL OF RIGHTS
 Section 6

126
Q

simply means that any citizen has the right to have his home or residence in whatever place chosen by him and thereafter to change it at will. As long as he or she does not squat on the land of others or of the government,
he or she has the freedom to choose where he or she wants to build his house or to transfer it thereafter if he or she wants to.

A

RIGHT TO ABODE

127
Q

It means that every person has the right to go where he or she pleases without interference from the government or other people.
The only limitation of this right is court order and the exercise of the
police power of the state. In the interest of national security, public
safety, or public health, one may be prohibited by check-points to
enter a particular place like a special military installation, or the
place is infected with a deadly virus or contagious disease.

A

RIGHT TO TRAVEL

128
Q

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
government research data used as basis for public development, shall be afforded the citizens, subject to
such limitations as may be provided by law.

A

ARTICLE III - BILL OF RIGHTS
 Section 7

129
Q

This provision has been inserted in our Constitution to provide the sovereign people who constitute the State the right of access to the records of their government which can affect their lives directly. In the spirit of transparency, public records, documents, decisions and transactions must be open for people for inspection and evaluation. This can prevent graft and corruption in the
government.

A

RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN

130
Q

is still pending and has not yet been acted upon by Congress.

A

Freedom of Information Bill

131
Q

If government contracts and agreements are open for public
scrutiny, any anomaly or malfeasance or misconduct by public
officials involved in these contracts can easily be prosecuted by
the Ombudsman. As of this writing, no law has been passed in
Congress detailing the dynamics of this right in actual social
practice.

A

RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN

132
Q

ARTICLE III - BILL OF RIGHTS
 Section 7
The right to public records and information has limitations. Those
documents that pertain to the national security of the State are not covered by this right. The income tax records of individuals in the Bureau of Internal Revenue (BIR) are also confidential.
Accounts pertaining to banks under the Central Bank and to military intelligence are also excluded from public scrutiny.

A

RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN

133
Q

The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for the purposes not contrary to law shall not be abridged.

A

ARTICLE III - BILL OF RIGHTS
 Section 8

134
Q

The sphere between the individual and the State is called___.This includes social groups and organizations, people’s organizations (POs) and non-government organizations (NGOs).

A

civil society

135
Q

These are intermediary groups which can assist the state in its development programs can serve as checks and balances to the affairs of the government. “The right to form an association is the freedom to organize or to be a member of any group or
associations, union or society, and to adopt the rules which the members judge most appropriate to achieve their purpose

A

RIGHT TO FORM ASSOCIATION, UNION OR SOCIETIES

136
Q

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.

A

ARTICLE III - BILL OF RIGHTS
 Section 2

137
Q

Private property shall not be taken for public use without just compensation.

A

THE 1987 CONSTITUTION
 Section 9

138
Q

As already mentioned in the previous chapter on the State’s inherent powers, any private property whether it may be a piece of land or house and lot may be taken by the government for public use after paying a just compensation or payment based
on the property’s market value under its power of eminent domain law

The most common instances involving expropriation is the opening of new roads or widening of existing streets or highways for public convenience and safety which affect the adjacent private property of private individuals.

A

THE RIGHT TO A JUST COMPENSATION IN EXPROPRIATION

139
Q

No law impairing the obligation of contracts shall be passed

A

THE 1987 CONSTITUTION
Section 10

140
Q

he meeting of the minds or agreement between two parties with a consideration.

 Contracts have various types. A contract can involve property,
money or service. For instance, a contract of loan between two
persons, for instance, stipulates the amount of loan, terms of
payment, interest, or penalties.

 The obligation of a contract is the law or a duty which binds the
parties to perform their agreement according to its terms or
intent.

 As long as the contract is not contrary to law, morals, good
customs, public order, or public policy, the State cannot
interfere with the agreement between private parties.

A contract is impaired when its terms or conditions are changed
by law or by a party without the consent of the other thereby
weakening the position or rights of the latter

A

THE RIGHT TO CONTRACT SHALL NOT BE IMPAIRED BY THE STATE

141
Q

 Thus in a contract of loan where the original interest rate is low and a subsequent statute or law passed by Congress which requires existing contracts to double their interest rates is an example of this as the debtor would be prejudiced by this sudden change of interest caused by law.

A

THE RIGHT TO CONTRACT SHALL NOT BE IMPAIRED BY THE STATE

142
Q

Free access to the courts and quasijudicial bodies and
adequate legal assistance shall not be denied to any person by reason
of poverty.

A

THE 1987 CONSTITUTION
Section 11

143
Q

This provision gives all persons whether individuals or
corporations, to go to regular courts and quasi-judicial courts to
file criminal, civil or administrative cases if they feel that their
rights are violated by others.

are administrative or investigative bodies of the government which operate like regular courts such as the
Securities and Exchange Commission, the Commission on Election (COMELEC), the Commission of Human Rights (CHR), etc. People can go to these quasi-judicial bodies if they feel their rights are offended.

A

RIGHT TO FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL COURTS

144
Q

 The right to free legal assistance especially in a criminal case where the right to life and liberty is at stake—is premised on the assumption that in a democratic government, poverty cannot be a hindrance to attaining justice in court.

 In the Philippines, more than seventy (70) percent of the
population lives below the poverty line.

A

THE RIGHT TO FREE LEGAL ASSISTANCE

145
Q

Thus, obviously the poor cannot obviously afford the acceptance and appearance fees of private lawyers. It is expensive to use the legal system. It is often the rich who possess many properties and businesses are regular users of the judicial system. It is no wonder their familiarity with the
system and available resources for litigation give them the edge
to win legal cases rather than the poor.

A

THE RIGHT TO FREE LEGAL ASSISTANCE

146
Q

 To avoid the injustice to the poor, the Constitution requires the government to provide free legal assistance to them to be pauper litigants in court.

 It is usually the Public Attorney’s Office (PAO) under the Department of Justice (DOJ), which provide free legal
assistance to the poor or those who cannot afford to pay the services of private lawyers.

A

THE RIGHT TO FREE LEGAL ASSISTANCE

147
Q

 The Integrated Bar of the Philippines with various chapters in
the country, as well as some law schools, also provides free
legal assistance or pro bono services to the poor.

A

THE RIGHT TO FREE LEGAL ASSISTANCE

148
Q

1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel of his own choice. If
the person cannot afford the services of a counsel, he must be
provided with one….
2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

A

THE 1987 CONSTITUTION
Section 12

149
Q

 This provision enumerates some of the basic rights of a person accused of a crime under a custodial investigation.

 A custodial investigation is a process by which the accused undergoes questioning by the police or law enforcers in connection of an alleged crime.

 This involves not just a mere general inquiry into an alleged crime,
but also initiatives to focus on a particular suspect taken into
custody by the police who carry out the interrogation.

A

THE 1987 CONSTITUTION

150
Q

 When under this type of investigation, the police is required by the Constitution to observe these rights of the accused. Otherwise any
confession or admission obtained in violation of this or Section 17
shall be used as evidence against him/her.

 Thus, when an accused confesses his crime voluntarily without the
presence of a lawyer of his or her own choice or involuntarily
through torture, the confession would be illegal and cannot be
admitted in court.

A

THE 1987 CONSTITUTION

151
Q

 If the accused is really sincere in confessing his/her crime
voluntarily without a lawyer, s/he is usually required by the police
to sign a waiver to this effect.

 As a whole, section 12 can be seen as containing safeguards to secure the rights of the accused under arrest or custodial
investigation.

 These rights are available the moment an accused is arrested,
with or without warrant from the judge. The law enforcers are
required to inform the accused of these rights during arrest.

A

THE 1987 CONSTITUTION

152
Q

All persons, except those charged with offenses punishable by reclusion perpetua, when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

A

THE 1987 CONSTITUTION
Section 13

153
Q

defined as “the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any
court as required under the conditions specified”

is available to all persons arrested, detained or otherwise deprived of his liberty, whether or not a criminal
information has been filed against him/her or not.

A

THE RIGHT TO BAIL

154
Q

two cases where bail may not be available to him or her: if (1) the crime is punishable by reclusion perpetua, death or life imprisonment or (2) when the evidence of guilt as
determined by the judge is strong.

A

THE RIGHT TO BAIL

155
Q

Serious or heinous crimes such as murder, rape, plunder, syndicated estafa or qualified theft are generally non-bailable. But less serious offenses are all bailable

The amount of bail is determined by the judge handling the case depending on the nature of the offense, the penalty, the probability of guilt, and the financial capacity of the accused.

A

THE RIGHT TO BAIL

156
Q

In all criminal prosecution, 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.

A

THE 1987 CONSTITUTION
Section 14

157
Q

 This provision speaks of the rights of a person accused of committing a crime. The accused must be presumed
innocent until proven otherwise in a court of law. He or she has also constitutional rights as an accused which includes the right to be heard by himself and counsel and the right to a speedy, impartial and public trial.

A

THE 1987 CONSTITUTION

158
Q

 The Right to Due Process under this section pertains more to the procedural aspect. A person who is accused of a crime must be:

A
  1. tried before a court which has jurisdiction of the case;
  2. given a fair and impartial trail;
  3. allowed to use all legal means and opportunity to defend himself;
    and
  4. given a judgment must be based on a valid law
159
Q

requires that the accused must be
presumed innocent in all stages of the criminal proceedings until a final
verdict by a judge or justices, in case appeals are made, are handed down
with finality. Ideally, this may be true, but in actual practice, one cannot
prevent the mass media or the public to make informal or psychological
judgment against the accused even if the trial is not yet finished. That is
why “trial by publicity” must be prevented at all times to preserve this right to presumption of innocence of the accused.

A

THE RIGHT TO PRESUMPTION OF INNOCENCE

160
Q

The burden of proof in a criminal prosecution is on the shoulders of the
prosecution. The prosecutor must convince the court by presenting
evidence beyond reasonable doubt that the accused is guilty as charged.
Proof beyond reasonable doubt is the strictest form of evidence in court
used in criminal proceedings as the life and liberty of the accused is at
stake.

A

THE RIGHT TO PRESUMPTION OF INNOCENCE

161
Q

Hearing is an indispensible in criminal justice. The accused cannot just be
punished upon a doubtful assumption. Lack of notice of hearing
violates due process.

 In all criminal prosecutions, the accused or defendant shall be entitled to present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment

 In arraignment, the court reads the criminal charge against the accused
and the accused enters his plea in open court whether he or she pleads
“guilty” or “not guilty” to the charge. If the plea is “not guilty” the court will
give the defendant time to prepare for trial.

A

THE RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

162
Q

A speedy trial is important in criminal proceedings. Justice delayed is justice
denied. The final decision of a criminal case is important as the life and liberty of the accused is at stake. In many cases, the poor accused who cannot afford to pay the bail languishes in jail
while the case is still pending.

A

THE RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL

163
Q

 There is really no fixed period when a criminal prosecution ends. It
all depends on the nature of the case, the availability of lawyers,
witnesses and judges, and number of motions filed in court.

 Speedy trial means that the trial must be terminated as soon as
possible. Unreasonable and intentional delays especially
postponements must not be allowed in order to terminate the trial
early

A

THE RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL

164
Q

 The issue of impartial trial has always been the concern of people in criminal case. The most important person who determines impartiality in court is the judge who handles and
decides the case. The social and political connections of the parties to the judge as well as bribery or corruption must not influence the outcome of the trial.

The prevent impartiality and anomalies in court proceedings,
trials are always public in order that people can observe and
check whether the trial is fair and neutral. Closed-door trials are
prohibited by our Constitution except in rape cases where the
victim is asked to testify in open court.

A

THE RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL

165
Q

The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when public safety
requires it.

A

THE 1987 CONSTITUTION
Section 15

166
Q

is an order issued by a court of
competent jurisdiction, directed to the person detaining another, commanding him or her to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained

A

THE RIGHT TO WRIT OF HABEAS CORPUS

167
Q

This provision of our Constitution gives the right to the relatives
or representatives of detained or missing persons to petition the
court to compel the person/s detaining them illegally to release
their bodies in a designated place and time set by the court.

 This privilege may be suspended by the President (Art. VII, Sec. 18) only in cases of invasion or rebellion when public safety requires it. This suspension can enable the State to hold in preventive imprisonment, pending investigation and trial,
persons who plot to destroy it or endanger its very existence.

A

THE RIGHT TO WRIT OF HABEAS CORPUS

168
Q

All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative cases.

A

THE 1987 CONSTITUTION
Section 16

169
Q

The Constitution requires judges and presiding officers of judicial, quasi-judicial and administrative bodies to render decisions or judgments over pending cases as soon as possible as “Justice delayed is justice denied.” The right to speedy disposition of cases
can only be invoked by persons only after the trial or hearing of the
case is terminated. This right only commences when the case is
submitted for resolution or judgment of the judge or presiding officer.

A

THE RIGHT TO SPEEDY DISPOSITION OF ONE’S CASES

170
Q

The speedy disposition of cases is not only required before the courts or
judicial bodies but also before quasi-judicial bodies (that is, executive
agencies performing adjudicatory functions similar to those of the courts
like the National Labor Relations Committee (NLRC), Securities and
Exchange Commission (SEC), etc. and administrative bodies (executive
agencies performing limited adjudicatory functions such as the bureaus under the different departments

A

THE RIGHT TO SPEEDY DISPOSITION OF ONE’S CASES

171
Q

No person shall be compelled to be witness against himself.

A

THE 1987 CONSTITUTION
Section 17

172
Q

This right to self-incrimination applies to all criminal, civil and administrative
cases: The Constitution protects the person to say something or to act
which may incriminate himself or herself to the case. “No person shall be compelled to be a witness against himself”.

A

RIGHT AGAINST SELF-INCRIMINATION

173
Q

This prohibition includes the
following:
1. Forcing the accused to testify, extracting from his own lips against his
or her will, an admission of guilt;
2. Obliging the defendant to produce documents, chattels and other
objects, compelling to identify them expressly or impliedly;
3. Compelling the defendant to produce his or her own handwriting to
implicate him or her in the case.

A

RIGHT AGAINST SELF-INCRIMINATION

174
Q

(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.

A

THE 1987 CONSTITUTION
Section 18

175
Q

Under the Bill of Rights the political beliefs of people whether
they are pro-Marxists, communists, socialists rightists or leftists
cannot be a basis for arrest and detention. If there are no overt
acts which are illegal in nature in relation to their political beliefs,
the government cannot arrest and imprison them.

This provision is highlighted in our Constitution to protect
political prisoners who are detained solely on the basis of their
political beliefs. Under Martial Law, President Marcos arrested
and detained political prisoners whose ideologies and political
beliefs were critical of the status quo

A

THE RIGHT AGAINST DETENTION SOLELY BY REASON OF POLITICAL BELIEFS AND ASPIRATIONS

176
Q

 Involuntary servitude is forced labor or compulsory service rendered by one person to another.
 Under our Bill of Rights, no person can be forced to work for other persons or company if s/he does not want to. A debt to an employee to his or her employer is not a sufficient ground for forcing the employee to continue to work in the company.

A

THE RIGHT AGAINST INVOLUNTARY SERVITUDE

177
Q

The indebted employee can always provide a promissory note
but he or she cannot be prevented to resign as this would be
tantamount to slavery.

A

THE RIGHT AGAINST INVOLUNTARY SERVITUDE

178
Q

(1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted….
(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.

A

THE 1987 CONSTITUTION
Section 19

179
Q

 This provision prohibits the imposition of excessive fines for
violation of law or ordinance. Considering the nature of the
offense and financial capacity of the offender, fines must be reasonable. And the courts have the discretion how much fine the offender must pay.

A

THE 1987 CONSTITUTION
 THE RIGHT AGAINST EXCESSIVE FINES;

180
Q

 The right against cruel, degrading or inhuman punishment can
only be invoked after the accused is convicted in court.

 The Constitution is against any inhuman form of punishment
and against disproportionality of punishment to the nature of the
offense.

A

 THE RIGHT AGAINST CRUEL, DEGRADING OR INHUMAN PUNISHMENT

181
Q

 In a civilized society, inhuman punishment which uses torture or
lingering death is condemnable.

 Punishment is degrading if it lowers his dignity of a convicted
person, brings shame and humiliation on him, or exposes him to
public ridicule.

A

 THE RIGHT AGAINST CRUEL, DEGRADING OR INHUMAN PUNISHMENT

182
Q

 Punishment is also inhuman if the punishment is not
proportionate to the nature of the crime. Thus the penalty of
death and life imprisonment for physical injury or oral
defamation can be considered inhuman; not for a criminal who
is convicted of murder or rape because these crimes are much
more serious in nature.

A

 THE RIGHT AGAINST CRUEL, DEGRADING OR INHUMAN PUNISHMENT

183
Q

No person shall be imprisoned for debt or non-payment of poll tax.

A

THE 1987 CONSTITUTION
Section 20

184
Q

 Our Constitution prevents the power of the State to force the payments of debts.

 The control of the creditor over the person of the debtor has been abolished in our Bill of Rights for humanitarian considerations. A person cannot be arrested and imprisoned by
the government for

A

THE RIGHT AGAINST IMPRISONMENT FOR NON- PAYMENT OF DEBT OR POLL TAX

185
Q

 A person cannot be arrested and imprisoned by the government
for non-payment of debt owing to misfortune and poverty.

 The word “debt” under this provision means any liability to pay money arising out of contract, express or implied. It refers to civil debt but not to debt arising from a criminal offense.

A

 THE RIGHT AGAINST IMPRISONMENT FOR NON- PAYMENT OF DEBT OR POLL TAX

186
Q

any liability to pay
money arising out of contract, express or implied. It refers to
civil debt but not to debt arising from a criminal offense.

A

debt

187
Q

Thus if a person borrows money from another and promises to pay on a certain date with interest but fails to do it because of unexpected bankruptcy cannot be ordered by a judge to be arrested and imprisoned after a criminal complaint is filed by the creditor.

A

THE RIGHT AGAINST IMPRISONMENT FOR NON- PAYMENT OF DEBT OR POLL TAX

188
Q

 Nonpayment of civil debt cannot be a subject of a criminal case punishable by imprisonment.

 The filing of a civil case or collection of debt is the proper remedy where the properties of the debtor can be used as payment for the unpaid debt

A

THE RIGHT AGAINST IMPRISONMENT FOR NON- PAYMENT OF DEBT OR POLL TAX

189
Q

a tax of a fixed amount imposed on residents within a specified territory such as a barangay, whether citizens or not, without regard to their property or the occupation in which they may be engaged

A

poll tax

190
Q

The non-payment of poll tax such as the community tax which
was formerly called ___is not also
punishable by imprisonment

A

cedula or residence tax

191
Q

other forms of taxes such as income tax are compulsory in nature. Any person who fails to pay these taxes
can be charged, arrested and imprisoned by the Bureau of
Internal Revenue (BIR) for tax evasion.

A

THE RIGHT AGAINST IMPRISONMENT FOR NON- VPAYMENT OF DEBT OR POLL TAX

192
Q

No person shall be twice put in jeopardy of punishment for the
same offense, if an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

A

THE 1987 CONSTITUTION
Section 21

193
Q

 This constitutional provision protects a person from the danger
of second punishment and trial for the same offense he or she has been charged and sentenced by a court.

 The right to double jeopardy means that when an accused is charged with an offense and the case is decided by the court either by acquittal or conviction, s/he cannot be charged again in another case with the same offense

A

THE RIGHT AGAINST DOUBLE JEOPARDY

194
Q

The issue of double jeopardy can arise in three different ways (Munoz & Gonzales-Munoz 2002: 56):

A

1) When the accused is charged with the same offense in two separate pending cases, in one of which he has validly pleaded;

(2) When the accused is prosecuted anew for the same offense after he or she has previously convicted or acquitted thereof or the charge therefore has been dismissed without his or her consent;

(3) When the prosecution makes a legally unauthorized appeal
from a judgment in the same case.

195
Q

No ex post facto law or bill of attainder shall be enacted.

A

THE 1987 CONSTITUTION
Section 22

196
Q

This provision prohibits the legislature to pass laws which can prejudice the rights of the prisoner or the accused. Although Congress is vested by the Constitution to enact laws, it cannot
legislate on matters that violate some basic rights of the citizens. It cannot pass the following type of bills or laws:

A

 THE RIGHT AGAINST EX POST FACTO LAW OR BILL OF ATTAINDER

197
Q

is a law which is penal in nature, retroactive in effect and prejudicial or disadvantageous to the accused.

A

Ex Post Facto Law

198
Q

Ex Post Facto Law is a law which is penal in nature, retroactive
in effect and prejudicial or disadvantageous to the accused. It is
a legislation which:

A

(i) makes an act done before the passage of a law, innocent
when done, criminal, and punishes such act; or
(ii) aggravates a crime or makes it greater when it was
committed;
(iii) changes the punishment and inflicts a greater punishment
than what the law annexed to the crime, when committed; or
(iv) alters the legal rules of evidence and receives less testimony than or testimony from what the law required at the time of the commission of the offenses, in order to convict the offender

199
Q

is a legislative act which inflicts punishment
without a judicial trial.

A

Bill of Attainder

200
Q

This means that Congress cannot just pass a law and declareindividuals or groups to be guilty of an offense with judicial trial

 In bill of attainder, it is the legislature, not the courts, which
determines the guilt of the accused and not by the court.

A

BILL OF ATTAINDER

201
Q

 This is against due process since every charge in court the guilt
of the accused must first be established by evidence in a court
proceeding.

 Thus if a law is passed in Congress who states that members of
the Communist Party in the Philippines are guilty of rebellion
and must all be imprisoned is a bill of attainder as the courts
must first determine who among them are directly involved in
rebellion.

A

BILL OF ATTAINDER

202
Q

 The law cannot generalize and impute guilt to all members of
the communist party.

A

BILL OF ATTAINDER

BUHAY DENTISTA (12 decks)

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