Sec.1: No person shall be deprived of life, liberty, and property without the due process of law.

Nor shall
any person be denied of equal protection of law.

due process- is a guaranty against the arbitrariness committed by the government, either by executive,
legislative or judiciary branch.

 AMERICAN PRINT-WORKS V LAWRENCE- property may be validly taken where it is offensive to

the public welfare, like a building on the verge of collapse.
 PEOPLE V FAJARDO- if property is not noxious, there must be a just compensation before
destroying the property.
 IMBONG V OCHOA- life commences upon conception, hence legislature must not legalize
abortion
 Public office is not a property.
 DENR V ROSEMOOR MINING- License is merely a privilege that can be revoke at will.
 NATIONAL SECURITY V PROPERTY RIGHTS-( ichong v Hernandez) prohibit aliens in engaging in
retail business in the PH because it threatens the national economy for filipino traders.
 Equal protection simply requires that all persons or things similarly situated should be treated
alike, both as to rights conferred and responsibilities imposed.
 REQUIREMENTS FOR VALID CLASSIFICATION OF EQUAL PROTECTION:
1. It must be based upon substantial distinction
2. Must be germane to the legislative intent
3. Must be applicable both on present and future conditions
4. Must be applicable to all members of the class

Sec.2 the right of the people to be secure of their persons, houses, papers and effects against
unreasonable search and seizure of whatever nature 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 person or things to be seized

 Warrant of arrest is a written document issued by a court. ordering any peace officer to
bring the person before the court so that he may be bound to answer for the commission
of an offense.
 Requisites of a valid warrant:
1. Must be based upon probable cause
2. That is personally determined by the judge
3. After examination under oath or affirmation of the complainant and the witnesses he
may produce
4. Particularly describing the place to be searched and the persons or things to be seized
 Warrant may be provided by CONGRESS for the arrest and detention of persons in contempt.
 ARREST is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
 PEOPLE V ZASPA- if the issue of inadmisability of the evidence is not raised, such omission would
constitute a waiver since the right to contest it is personal.
 DEL CASTILLO V PEOPLE- if the subject of search warrant is 20 meters away from the area, it is no
longer within the permissible area, hence inadmissible.
 Instances of valid warrantless searches and seizures:
1. Consented searches
2. Incident to a lawful arrest
3. Searches in aircraft or vessels for violation in immigration
4. Searches of moving car
5. Searches of automobiles at borders
6. Where prohibited articles are in “PLAIN VIEW”
7. Searches of building and premises to enforce fire, sanitary and building regulation
8. “stop and frisk” or TERRY SEARCH
9. Custom searches
 Peace officer or Private person may arrest a person without warrant of arrest when:
1. That person has in fact just committed, committing or about to commit a crime IN HIS
PRESENCE
2. When an offense has just been committed and he has personal knowledge of facts
indicating that the person to be arrested is the one who committed it
3. When the person to be arrested is a PRISONER WHO HAS ESCAPED A PENAL FACILITY
 Arrest in FLAGRANTE DELICTO:
1. The person to be arrested MUST EXECUTE AN OVERT ACT indicating he has just
committed an offense
2. Such OVERT ACT IS WITHIN THE VIEW OF THE ARRESTING OFFICER
 The 'plain view' doctrine requisites:
1. prior justification for an intrusion or is in a position from which he can view a
particular area;
2. the discovery of evidence in plain view is inadvertent;
3. it is immediately apparent to the officer that the item he observes may be evidence
of a crime, contraband or otherwise subject to seizure.
 ALVAREZ v COURT OF FIRST INSTANCE- reliable information from another person is not base on
personal knowledge of the complainant.
 ANTIQUERA V PEOPLE police officer peeking through a partially opened door is not within the
plain view, hence FLAGRANTE DELICTO is not applicable.
 Warrantless arrest in HOT PURSUIT:
1. Offense has just been committed
2. Arresting officer has personal knowledge that the person to be arrested is the one who
committed the offense
 Search warrant is a legal process which has been likened to a writ of discovery employed by the
state to procure relevant evidence of crime.
 JOHN DOE WARRANT is generally invalid, but may satisfy constitutional requirement if there is
some DESCRIPTIO PERSONAE that will enable the officer to identify the accused. (PEOPLE V
VELOSO)
 The ff are subject to search and seizure:
1. Property subject of the offense
2. Property stolen and other proceeds/ fruits of the offense
3. Property used or intended to use for committing offense
  LUZ V PEOPLE- accused is acquitted after being charged with illegal possession of dangerous
drugs due to inadmissibility of the evidence seized after an unlawful warrantless search after he
was stopped in a traffic violation for not wearing a helmet.
 PRELIMINARY INVESTIGATION- is an inquiry to determine whether there is a well grounded
belief that a crime has been committed and that the accused should be brought to trial to
answer for the information filed against him.
 PRELIMINARY INQUIRY- it is an inquiry conducted by the judge to determine whether there is a
probable cause for the issuance of warrant of arrest.

Preliminary Investigation Preliminary Inquiry

conducted by the prosecutor conducted by the judge
to ascertain whether the alleged offender should to determine probable cause for the issuance of a
be held for trial warrant of arrest
executive in nature judicial in nature

Section 3: the privacy of communications and correspondence shall be inviolable except upon lawful
order of the court or when public safety or order requires otherwise as prescribed by the law

Section 6: the liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety or public health, as may be provided by law.

 VILLAVICENCIO V LUKBAN- prostitutes are also part of the society, and like any other member of
the society they have the constitutional rights to choose and change their domicile.
 PASEI v DRILON- deployment of ofw may be suspended to protect them from abuse by their
foreign employers. This is for their public safety.

Section 4: no law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.

 This includes freedom of:

1. Speech
2. Assembly
3. Petition
4. Religion
5. Association
6. Access to information on matters of public concern
7. Not to be detained solely by reason of political beliefs and aspirations
  safety valve theory- citizens are free to make statements concerning controversial societal issues
to express displeasure against the government.
 FREE SPEECH DOCTRINE- members of the public are trusted to make their own individual
evaluations of speech and government is forbidden to intervene for paternalistic or
redistributive reasons.
 Elements of freedom of expression:
1. Freedom from previous restraint or censorship
2. Freedom from subsequent punishment
 CONTENT-BASED RELULATION- restriction is based on the subject matter of the utterance or
speech. It restraints the idea of the expression.
 CONTENT-NEUTRAL REGULATION- concerned with the incidents of the speech, or one merely
controls the time, place or manner and under well defined standards. It intends to regulate the
time, place and manner of expression.
 OVERBREADTH DOCTRINE-the doctrine holding that if a statute is so broadly written that it
deters free expression, then it can be struck down on its face because of its chilling effect—even
if it also prohibits acts that may legitimately be forbidden.
 VOID-FOR-VAGUENESS DOCTRINE- a declaration that a law is invalid because it is not
sufficiently clear for failing to provide to people of ordinary intelligence a reasonable opportunity
to understand what conduct it prohibits, and that it authorizes or even encourage arbitrary and
discriminatory enforcement.
 Lewd, obscene, seditious, slanderous words cannot be considered “a step to truth” and therefore
will not enjoy immunity from prohibition and punishment.
 CLEAR AND PRESENT DANGER RULE- words used will create a clear and present danger that will
bring a substantive evil to the state must be prevented
 DANGEROUS TENDENCY DOCTRINE- if the words uttered create a dangerous tendency which the
state has a right to prevent, then such words are punishable.(CABANSAG V FERNANDEZ)
 BALANCING TEST- when the particular conduct is regulated in the interest of public order, and
the regulation results in an indirect, conditional, partial abridgement of speech, the duty of the
courts is to determine which of the two conflicting interest demands the greater protection
under the particular circumstances presented.

Section 5: no law shall be made respecting an establishment of religion, or prohibiting thr free exercise
threof. 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.

 ESTRADA v ESCRITOR- benevolent neutrality could allow for accommodation of morality based on
religion, provided it does not offend compelling state interests.
 LADLAD LGBT PARTY V COMELEC- it is a grave violation to utilize the bible and the koran to justify
the exclusion of the party.
Section 12(1): any person under investigation 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 service of the counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of a counsel.
  Custodial investigation- any questioning initiated by law enforcement officers after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant way.
 It begins once the investigation ceases to be a general inquiry into an unsolved crime, and
direction is aimed upon a particular suspect who has been taken into custody and to whom the
police would then direct interrogatory questions which tend to elicit incriminating statements.
 PEOPLE V BOKINGO- statement made during preliminary investigation without the presence of
a counsel is inadmissible.
 Assistance of a counsel is not absolute. The court may assign a COUNSEL DE OFFICIO.
 Elements of extrajudicial confession:
1. Voluntary
2. Made in the presence of a counsel
3. In writing
4. Express
 PEOPLE V ANDAN- confession made in the presence of a mayor is inadmissible
 PEOPLE V LARA- right to counsel during police line-up is not necessary because it is not part of
custodial investigation.
 PEOPLE V CACHUELA- NBI cant provide an “independent” counsel, hence the confession is
inadmissible.
Section 13: all persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of writ of habeas corpus is suspended. Excessive bail shall not be required.

 Bail is a security given for the release of a person in custody of law.

 RULE 114- any person who is not yet charged in court may apply for bail with any court.
 If the offense is not punishable by reclusion perpetua, bail is a matter of right. If the offense is
punishable by reclusion perpetua, bail is a matter of discretion.
 The ff are duties of judge if there is an application for bail:
1. Notify the prosecutor of the application
2. Conduct a hearing if bail is a matter of discretion
3. Decide whether the evidence of guilt is strong based on summary proceeding
4. If the guilt is not strong, discharge the accused upon approval of bail.
 Factors in fixing reasonable bail:
1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense
4. Character and reputation of the accused
5. Age and health of the accused
6. Weight of the evidence against him
7. Probability of his appearance at the trial
8. Forfeiture of other bonds by him
9. The fact that he was a fugitive from justice when arrested
10. Pendency of other cases in which he is under bond
 YAP V CA- excessive bail should not be equivalent to civil liability.
 TEST OF SUFFICIENCY OF INFORMATION- whether it enables a person of common
understanding to know the charge against him, and the court to render judgement properly.
  TRIAL IN ABSENTIA-

Section 14: no person shall be held to answer for a criminal offense without the due process of law

 Preliminary investigation is an inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.
 The conduct of preliminary investigation is not mandatory

Section 15: the privilege of writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when public safety requires it.

 Habeas corpus is a prerogative writ of liberty employed to test the validity of a person’s
detention. Its ultimate purpose is to relieve a person from unlawful restraint. It is considered as
palladium of liberty.
 Only the privilege can be suspended and not the writ itself
 The duration of suspension of the writ and the proclamation of martial law shall not exceed 60
days, after which it shall be automatically lifted
 Within 48 hours after the proclamation, the president must report to the congress either
personally or in written
 Congress shall convene within 24 hours following the proclamation or suspension
 The congress may, by majority vote, revoke the action of the president
 The congress may extend the suspension for a period to be determined by the congress if the
invasion or rebellion continue.
 The action of the president and congress may be reviewed by the supreme court to determine
the factual basis of the action
 The proclamation may be challenge by any citizen of the Philippines
 Any person arrested during the suspension of writ of habeas corpus must be judicially charged
within 3 days, otherwise he shall be released.
 WRIT OF AMPARO- is a remedy ac=vailable to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity. It shall cover extralegal killings and enforced
disappearances or threats thereof.
 DOCTRINE OF COMMAND RESPONSIBILITY- Any government official or superior shall be
responsible for the crimes or offenses committed by their subordinates in relation to their
function or office if the official or superior has knowledge that a crime will be committed
or has been. The ff are its requisites:
1. Existence of superior-subordinate relationship
2. Superior knew about the action of the subordinate
3. Superior failed to take necessary measures to prevent the criminal acts.

Section 16: speedy disposition

 FIXED-TIME PERIOD RULE- under which there is considered a delay if proper resolution of a case
is not done within a specified period of time.
  DEMAND-WAIVER RULE- a defendant is considered to have waived any consideration of his right
to a speedy trial for any period prior to which he has not demanded trial.
 To determine wether a defendant is denied of speedy dispoeition, the following must be
considered:
1. The length of delay
2. The reason for delay
3. The failure to assert such right by the accused
4. The prejudice caused by the delay

Section 17: no person shal be compelled to be a witness against himself

 Failure to invoke this right at the appropriate time shall deem as a waiver to the right against self
incrimination.

Section 18: no person shall be detained solely by reason of his political beliefs or aspirations.

No involuntary servitude in any form shall exist except as punishment for a crime whereof a
party shall have been duly convicted.

 PEOPLE V ZOSA- supreme court upheld the National Defense Act, which requires citizens to
undergo military training in preparation for their duty to defend the state, hence it is not a
violation of constitutional right against involuntary servitude.
 ROBERTSON V BALDWIN- naval enlistment is not cover by the constitutional prohibition.

Section 21- No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

 this is not absolute because acquittal in a criminal offense may still be subject to petition for
certiorari under rule 65 without placing the accused in double jeopardy as long as the court
acted without jurisdiction or abuse or grave discretion amounting to lack or excess of
jurisdiction. The People must show that the prosecution is denied of the opportunity to present
its case or if the trial is a sham, thus, rendering a void judgement.

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

 Ex post facto law is a law that operates prospectively since its strictures would cover only
offenses committed after and not before its enactment. Basically it would make a previous act
criminal although it was not so at the time it was committed.
 KINFS OF EX POST FACTO LAW:
1. Law that makes criminal act done before the passage of the law
2. Law that aggravates a crime or makes it greater than it was when committed
3. Law that changes punishment and inflicts greater punishment than the law annexed to
the crime when committed
 4. 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
 Characteristics of ex post facto law:
1. Refer to criminal matters
2. Retroactive in its application
3. To the prejudice of the accused
 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.

Section 20: no person shall be imprisoned for debt or non-payment of poll tax.

 If debt however is contracted through fraud, the offender can be validly punished in a criminal
action.

The following are the citizen of the Philippines according to 1987 constitution:

1. Those who are citizens of the Philippines at the time of the adoption of 1987 constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973 and upon reaching the age of majority elect filipino
citizenship
4. Those who are naturalized in accordance with the law

The following are citizens of the Philippines according to 1973 constitution:

1. Those who are citizen of the Philippines at the time of the adoption of 1973 constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those who elect the Philippine citizenship pursuant to the provisions of 1935 constitution
4. Those who are naturalized in accordance with the law

The following are the citizens of the Philippines according to 1935 constitution

1. Those who are citizens of the Philippine islands at the time of the adoption of 1935 constitution
2. Those born of foreign parents in the Philippine islands who, before the adoption of this
constitution, had been elected to public office in the Philippine islands
3. Those whose fathers are citizens of the Philippines
4. Those whose mothers are citizens of the Philippines, and upon reaching the age of majority elect
filipino citizenship.
5. Those who are naturalized in accordance with the law.