1. a. What is police power?

Its scope, ever-expanding to meet the exigencies of the times, even

to anticipate the future where it could be done, provides enough room for
Police power is the power vested in the legislature by the Constitution an efficient and flexible response to conditions and circumstances thus
to make, ordain, establish all manner of wholesome and reasonable assuring the greatest benefits. (PASEI vs. Drilon)
laws for the good and welfare of the State and its people. (ERMITA
*To promote general welfare, comfort and convenience of people
MALATE HOTEL VS. CITY MAYOR, July 31, 1967) (Association of small land owners vs. Secretary).
*To promote and preserve public health (Villanueva
vs.
b. What are the tests for a valid exercise of police power? Castaneda).
*The right to practice a profession (PRC vs. De
Lawful subject - the purpose of the public measure. The interest of the Guzman).
public generally, as distinguished from those particular class, requires *To promote and protect public safety (Agustin vs.
its exercise. Edu).
*To maintain and safeguard peace and order (Guazon
Lawful means - the means adopted must be reasonably necessary for vs. De
the accomplishment of the purpose and not unduly oppressive upon
Villa).
individuals.
*To protect public morals (Ermita-Malate Hotel vs.
City of manila).
Lacking a concurrence of these two requisites,the police measure shall
*To promote the economic security of the people.
be struck down as an arbitrary intrusion of private rights -- a violation (Ichong vs. Hernandez).
of due process. (City of Manila vs. Laguio)
e. May the powers of taxation and eminent domain be used as an
implement of police power? Give an illustration.
c. Who may exercise police power?

Police power is lodged primarily in the legislature to make reasonable Yes, the power of taxation can be used as an implement of police
laws for the welfare of the people. It cannot be exercised by any group or power.
body of individuals not possessing legislative power. The legislative may
delegate this power to the president and administrative boards as well as In the case of Tio vs. VRB,
the lawmaking bodies of municipal corporations or local government units
(LGUs). (MMDA vs. Garin) The levy of the 30% tax is for a public purpose. It was imposed primarily
to answer the need for regulating the video industry, particularly because of the
d. What are the characteristics/scope of police power? rampant film piracy, the flagrant violation of intellectual property rights, and
the proliferation of pornographic video tapes. And while it was also an objective
The exercise of police power has been characterized as the most of the DECREE to protect the movie industry, the tax remains a valid imposition.
essential, insistent and the least limitable of powers, extending as it does to
all the great public needs. It may be exercised as long as the activity or the The public purpose of a tax may legally exist even if the motive which
property sought to be regulated has some relevance to public welfare. (PPI impelled the legislature to impose the tax was to favor one industry over
vs. Fertiphil) another.
It consist of (1) an imposition of restraint upon liberty or property,
(2) in order to foster the common good. It is inherent in the power to tax that a state be free to select the
subjects of taxation, and it has been repeatedly held that "inequities which
result from a singling out of one particular class for taxation or
exemption
infringe no constitutional limitation". Taxation has been made the implement of order to secure the general comfort, health and prosperity of the
the state's police power.
state.
Yes, the power of eminent domain can be used as an implement of
police power. While the power of eminent domain often results in the appropriation of title to
In the case of Association of Small Landowners vs. Se. Of Agrarian or possession of property, it need not always be the case. Taking may include
Reform,
trespass without actual eviction of the owner, material impairment of the value
There is an exercise of the police power for the regulation of private of the property or prevention of the ordinary uses for which the property was
property in accordance with the Constitution. But where, to carry out such intended such as the establishment of an easement.
regulation, it becomes necessary to deprive such owners of whatever lands
they may own in excess of the maximum area allowed, there is definitely a As such, an imposition of burden over a private property through easement (by
taking under the power of eminent domain for which payment of just
compensation is imperative. The taking contemplated is not a mere limitation the government) is considered taking; hence, payment of just compensation is
of the use of the land. What is required is the surrender of the title to and the required. The determination of just compensation, however, is a judicial function
physical possession of the said excess and all beneficial rights accruing to the (EPZA vs. Dulay, 149 SCRA 305) and initial determinations on just compensation
owner in favor of the farmer-beneficiary by the executive department and Congress cannot prevail over the court’s
findings.
f. Differences and Similarities of Police power and Eminent Domain.
In Didipio Earth Savers Multi-purpose Association vs. DENR Sec.
Finally, service contracts with foreign corporations is not prohibited under the
Elisea Gozu provides that:
1987 Philippine Constitution with foreign corporations or contractors would
invest in and operate and manage extractive enterprises, subject to the full
1. The power of eminent domain is the inherent right of the
control and supervision of the State; this time, however, safety measures were
State to condemn or to take private property for public use upon
put in place to prevent abuses of the past regime.
payment of just compensation while police power is the power of the
state to promote public welfare by restraining and regulating the use
of liberty and property without compensation;
2. In the exercise of police power, enjoyment of a property is
2. a. Define the power of eminent domain?
restricted because the continued use thereof would be injurious to
public welfare. In such case, there is no compensable taking provided The power to forcibly take private property for public use upon payment of
none of the property interests is appropriated for the use or for the just compensation. It is also known as the power of expropriation.
benefit of the public. Otherwise, there should be compensable taking
if it would result to public use. b. What are the requisites for a valid exercise of the power of eminent
domain?
3. Properties condemned under police power are usually
noxious or intended for noxious purpose; hence , no compensation NECESSITY - There must be a necessity which must be of public character.
shall be paid. Likewise, in the exercise of police power, property
rights of private individuals are subjected to restraints and burdens PRIVATE PROPERTY - Generally, all private property capable of ownership may
be expropriated; it may include public utility.
in
 DUE PROCESS OF LAW - It requires that the property owner must be given the
opportunity to be heard in the determination of the fair market value of the
property.

c. What is the concept of “taking” as an element of the power of

EXCEPTIONS: eminent domain?

1. Money - Expropriation of money would be a futile act because of the INSTANCES OF “TAKING”
requirement for the payment of just compensation, usually made in 1. The owner is actually deprived or dispossessed of his property.
money. 2. The owner is deprived of the ordinary use of his property.
3. The owner is deprived of jurisdiction, supervision, and control of his
2. Choses in action - a chose in action is a proprietary right in property.
personam, such as debts owned by another person, a share in a joint-
stock company, or a claim for damages in tort; it is the right to bring an INSTANCES OF CONSTRUCTIVE TAKING SUBJECT TO COMPENSATION
action to bring a debt, money, or thing.
There is destruction, restriction, diminution, or interruption of the rights of
PUBLIC USE – ownership or of the common and necessary use and enjoyment of the property
in a lawful manner, lessening or destroying its value. It is neither necessary that
1. TRADITIONAL CONCEPT: It refers to any use directly available to the the owner be wholly deprived of the use of his property, nor material whether
general public as a matter of right and not merely of forbearance or the property is removed from the possession of the owner, or in any respect
accomodation. e.g., Construction of roads, bridges, ports, waterworks, changes hands.
schools, electric and telecommunications systems, hydroelectric power
plants, markets and slaughterhouses, parks, hospitals, government office
buildings, and irrigation system. REQUISITES OF ACTUAL TAKING

2. EXPANDED CONCEPT: Public use has now acquired an expansive meaning 1. Expropriator must enter the property;
to include any use that is of “usefulness, utility, or advantage, or what is 2. Entry must not be for a momentary period only;
productive of general benefit of the public”; Whatever may be beneficially 3. Entry must be under a warrant or color of authority;
employed for the general welfare satisfies the requirement of public use; 4. Property must be devoted to public use or otherwise informally
The idea that “public use” is strictly limited to clear case of “use by the appropriated or injuriously affected; and
public” has been discarded. As long as the public has right of use, whether 5. Utilization of the property must be in such a way as to oust the owner
exercised by one or many members of public, a “public advantage” or and deprive him of beneficial enjoyment of the property.
“public benefit” accrues sufficient to constitute a public use.
d. May private property already being used for public purpose be
TAKING - It is the appropriation of title to and possession of the expropriated expropriated?
property; but may be availed of to impose only a burden upon the owner of
condemned property without loss of title and possession. Yes. Private property devoted for public use, e.g., cemetery, is also a
proper subject of expropriation. (City of Manila v. Chinese Community
JUST COMPENSATION - It is the full and fair equivalent of the property taken; of Manila, supra).
the fair market value of the property; The measure is not the taker’s gain, but
the owner’s loss.
 e. Who determines just compensation and what constitutes just  Grant of special authority for special purpose, in which case
compensation? the question of genuine necessity is still a political question; or
 Grant of general authority, in which case it is a justiciable
The determination of just compensation in expropriation proceedings is question that can be resolved by the courts (City of Manila v.
essentially a judicial prerogative. This determination of just compensation, Chinese Community of Manila)
which remains to be a judicial function performed by the court, is usually
aided by the appointed commissioners. In Spouses Ortega v. City of Cebu, 3. a. What is the power of taxation?
the Court stated that
It is the enforced proportional contributions from persons and property,
Though the ascertainment of just compensation is a judicial prerogative, levied by the State by virtue of its sovereignty, for the support of the
the appointment of commissioners to ascertain just compensation for the government and for all public needs.
property sought to be taken is a mandatory requirement in expropriation
cases. While it is true that the findings of commissioners may be b. What are the limitations to the exercise of the power of taxation?
disregarded and the trial court may substitute its own estimate of the -must be exercised only for public purpose
value, it may only do so for valid reasons; that is, where the commissioners -must not be confiscatory
have applied illegal principles to the evidence submitted to them, where -must be uniform and equitable
they have disregarded a clear preponderance of evidence, or where the
amount allowed is either grossly inadequate or excessive. Thus, "trial with c. May the power of taxation be used as a tool in the exercise of the
the aid of the commissioners is a substantial right that may not be done power of eminent domain? Give an illustration.
away with capriciously or for no reason at all.” No, in eminent domain there is just compensation given to the owner of
the property, in taxation, nothing is given in return aside from public
The Compensation price shall be the sum of the current market value of the services which are not payment or just compensation for what was taken.
land, the replacement cost of structures and improvements therein, and
the current market value of crops and trees therein. In cases where a d. What is meant by uniformity in taxation?
property is not wholly expropriated, the consequential damages to the -it operates with the same force in every place where the subject of it is
remaining property shall be added to the fair market value, minus any found
consequential benefits, but in no case will the consequential benefits - does not prohibit classification provided that the following are met:
exceed the consequential damages. -standards used are substantial not arbitrary
-classification is germane to the subject of legislation
CONSEQUENTIAL DAMAGES -classification applies to present and future
-applies equally to all the members of the same class
It consists of injuries directly caused on the residue of the private
property taken by reason of expropriation. 4. a. What is due process of law?

f. May the courts inquire into the necessity of expropriating private -It is often referred as a law which hears before it condemns. In general,
property? it means such an exercise of the powers of the government as the settled
maxim of law permit and sanction and under such safeguards for the
When exercised by: protection of individual rights as those maxims prescribe for the class of
cases to which one in question belongs.
1. Congress - The question of genuine necessity is a political question
which the courts cannot inquire into. b. Who are protected by the due process clause?
2. Delegate - it may be a:
 -The guaranties are universal in their application to all persons 3. The defendant must be given an opportunity to be heard
within the territorial jurisdiction, without regard to any differences of Note: If it is not availed of, it is deemed waived or forfeited without
race, color, or nationality. violating the constitutional guarantee. (Bautista vs. C.A.)
4. Judgment must be rendered upon lawful hearing and must clearly
c. Enumerate the aspects of due process of law and explain each briefly. explain its factual and legal bases (Sec. 14, Art. VIII; Banco Espanol-
Filipino vs. Palanca)
(1) Procedural due process refers to the procedures that the government must Note: The allowance or denial of motions for extension rests principally
follow before it deprives a person of life, liberty and property. It is concerned on the sound discretion of the court to which it is addressed, but such
with what kind of notice and what form of hearing the government must discretion must be exercised wisely and prudently, with a view to
provide when it takes a particular action. substantial justice. Poverty is recognized as sufficient ground for
extending existing period for filling. The right to appeal is part of due
(2) Substantive due process asks whether the government has an adequate process of law. (Reyes vs. C.A.)
reason for taking away a person’s life, liberty and property. In other words, it
looks to whether there is a sufficient justification for the government’s action. In Administrative Proceedings
The Ang Tibay Rules:
5. a. What are the requisites of substantive due process?
Substantive Due Process always functions within the realm of 1. Right to a hearing to present own case and submit evidence in support
reasonableness. As such it has only two (2) requisites that it must meet: thereof.
2. Tribunal must consider the evidence presented.
1. Lawful Object - the object that the State/Legislature wish to regulate. 3. Decision rendered must have support.
Must align with the interests of the public in general, as opposed to 4. Evidence which supports the finding or conclusion is substantial such
those of a specific class. relevant evidence as a reasonable mind accepts as adequate to support
It may not, under the disguise of legislation, arbitrarily interfere in a conclusion).
private business and/or impose unnecessary restrictions upon lawful 5. The decision must be rendered on the evidence presented in the
occupations. hearing, or at least contained in the record and disclosed to the parties
affected.
a. Lawful Means - which is to say that the means employed are 6. The tribunal or any of its judges, must act on its or his own
reasonably necessary. What is least oppressive to society. independent consideration of the law and facts of the controversy, and
not simply accept the views of subordinate in arriving at a decision.
6. a. What are the minimum requirements for procedural due process? 7. The tribunal should, in all controversial questions, render its decision in
In Civil Proceedings such a manner that the parties to the proceeding can know the various
Requisites: issues involved, and the reasons for the decision in such a manner that
the parties to the proceeding can know the various issues involved, and
1. An impartial court of tribunal clothed with judicial power to hear and the reasons for the decision rendered (And Tibay vs. C.I.R.)
determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant In Criminal Proceedings
and over the property subject matter of the proceeding.
Note: Notice is an essential element of due process, otherwise the See Rights of the Accused, Topic 1 Criminal Due Process
Court will not acquire jurisdiction and its judgement will not bind the In the conduct of the criminal proceedings, it cannot be said that the
defendant State has been denied due process unless there is an indication that
the special prosecutor deliberately and willfully failed to present
available
 evidence or that other evidence could be secured. (People of the instructed that every party- litigant should be afforded the amplest opportunity
Philippines vs. Hon. Sandiganbayan) for the proper and just disposition of... his cause, freed from the constraints of
technicalities.
[...] There would be a grave denial of due process. Thus, even if the judgment
had become final and executory, it may still be recalled, and... the accused
afforded the opportunity to be heard by himself and counsel.” (Hibal vs. People)

In Academic Disciplinary Proceedings d. What are the instances wherein the minimum requirements of notice
Requisites: and hearing are not required?

1. the students must be informed in writing of the nature and cause of Minimal requirements:
any accusation against them; 1. Notice
2. they shall have the right to answer the charges against them, with the 2. Opportunity to be heard
assistance of counsel, if desired; 3. To persons who would be affected by the order or act contemplated.
3. they shall be informed of the evidence against them; Exemptions:
4. they shall have the right to adduce evidence in their own behalf; 1. The conclusive presumption, bars the admission of contrary evidence
5. the evidence must be duly considered by the investigation committee as long as such presumption is based on human experience or there is
or official designated by the school authorities to hear and decide the a rational connection between the fact proved and the fact ultimately
case (Non vs. Judge Dames) presumed therefrom.
2. The are instances when the need for expeditious action will justify
b. Is it necessary to conduct a formal adversarial trial/hearing in order omission of these requisites, as in the summary abatement of a
to comply with procedural due process of law? nuisance per se, like a mad dog on the loose, which may be killed on on
sight because of the immediate danger it poses to the safety and lives
The concept of due process is flexible for not all situations calling for of the people.
procedural safeguards call for the same kind of procedure (Security Justice vs. 3. Pornographic materials, contaminated meat and narcotic drugs are
Lantion) inherently pernicious and may be summarily destroyed.
The right to a hearing is a right which may be invoked by the parties to thresh 4. The passport of a person sought for a criminal offense may be
out substantial factual issues. It becomes even more imperative when the rules cancelled without hearing, to compel his return to the country he has
itself of the administrative body provides for one. While the absence of a formal fled.
hearing does not necessarily result in the deprivation of due process, it should 5. Filthy restaurants may be summarily padlocked in the interest of the
be acceptable only when the party does not invoke the said right or waives the public health and bawdy houses to protect the public morals.
same. (Saunar vs. Executive Secretary Eduardo R. Ermita) In such instances, previous judicial hearing may be omitted without violation of
due process in view of: 1.) the nature of the property involved; and 2.) the
c. Is preliminary investigation and/or appeal part of due process of law? urgency of the nature to protect the general welfare from a clear and present
Preliminary investigation: Yes. danger.
“We stress that the right to preliminary investigation is substantive, not merely
formal or technical. To deny it to petitioner would deprive him of the full 7. a. What is the meaning of “equal protection of the law”?
measure of his right to due process. Hence, preliminary investigation with
regard to him must be considered.” (Yusop vs. Sandiganbayan) The equal protection clause is a specific constitutional guarantee of the
Appeal: Yes. Equality of the Person. The equality it guarantees is “legal equality or the
“Appeal is an essential part of our judicial system and trial courts are advised to equality of all persons before the law. It includes that each individual is dealt
proceed with caution so as not to deprive a party of the right to appeal and
with as an equal person in the law, which does not treat the person differently In general, illegal searches and seizures are unreasonable. Most of
because of who or what he is or what he possesses these cases are those done without a valid search or warrant of arrest.
Some search or seizure made without warrant are not necessary illegal
b. Do foreigners/aliens enjoy the same protection? Explain your answer. while those made under a warrant are not necessarily legal.
Yes. The Bill of Rights in our Constitution generally applies to both aliens
and citizens, thus the rights to due process and the rights of an accused under Reasonableness of searches and seizures involves a judicial question
Article III of the 1987 Constitution are granted to a foreigner in the Philippines which only the Courts can rule upon taking into consideration the
circumstances involved.

c. What are the requisites of a valid classification?

The equal protection clause permits classification. Such classification, however, d. Who issues a warrant of arrest and a search warrant?
to be valid must pass the test of reasonableness. The test has four requisites:
(1) The classification rests on substantial distinctions; Only a court judge can determine probable cause then issues a
(2) It is germane to the purpose of the law; warrant. Except for those cases wherein there is no need for the
(3) It is not limited to existing conditions only; and issuance of a valid warrant.
(4) It applies equally to all members of the same class. e. What are the requisites for the issuance of a valid warrant of arrest
and search warrant?
8. a. What are the rights guaranteed under Section 2, Art. III of the
Constitution? 1. Must be issued upon probable cause,
2. Probable cause must be determined personally by the Judge
SECTION 2. The right of the people to be secure in their persons, houses, himself,
papers, and effects against unreasonable searches and seizures of whatever 3. Determination of the existence of probable cause must be
nature and for any purpose shall be inviolable, and no search warrant or made after examination by the judge of the complainant and
warrant of arrest shall issue except upon probable cause to be determined the witnesses he may produce; and
personally by the judge after examination under oath or affirmation of the 4. Warrant must particularly describe the place to be searched,
complainant and the witnesses he may produce, and particularly describing the and the persons ot things to be seized.
place to be searched and the persons or things to be seized.
9. a. What is meant by probable cause as a requirement in
b. What was the ruling of the Supreme Court in People v. Marti, 193 SCRA the issuance of a warrant of arrest and/or search warrant?
57?
Probable cause refers to the facts and circumstance
The constitutional protection against unreasonable searches and antecedent to the issuance of the warrant that in themselves are
seizures refers to the immunity of one’s person from interference by sufficient to induce a cautious man to rely on them and act in
government; it cannot be extended to acts committed by private pursuance thereof. Facts or circumstances which would lead a
individuals so as to bring it within the ambit of alleged unlawful reasonable, discreet and prudent man to believe that an offense has
intrusion by the government. The Bill of Rights embodied in the been committed and that the object sought in connection with the
Constitution is not meant to be invoked against act of private offense are in the place sought to be searched. (People v. Malmstedt)
individuals, it is directed only against the government and its agencies
tasked with the enforcement of the law. b. Should the complainant and witnesses be examined personally in
order to determine existence of probable cause?
c. When are seizures and searches unreasonable?
 No. What the Constitution underscores to be personally c. In a search warrant, is it necessary to indicate the specific address of
determined is the exclusive and personal responsibility of the issuing the place to be searched? Why or why not?
judge to satisfy himself the existence of probable cause. Hence, in
satisfying himself of the existence of probable cause for the issuance of No, it is not necessary to indicate the specific address of the place
a warrant of arrest, the judge is not required to personally examine the to be searched in a search warrant. A description of the place to be
complainant and his witnesses for the determination of the existence searched is sufficient if the officer can, with a reasonable effort, ascertain
of probable cause. and identify the place intended to be searched.

11. a. May a person be arrested even in the absence of a warrant?

c. Distinguish the determination of probable cause by a prosecutor during -Yes. Warrantless search incidental to a lawful arrest is allowed. For
preliminary investigation and by a judge in relation to the issuance of a instance, in citizen’s arrest, a person other than an officer may arrest an
warrant. offender as long as he has personal knowledge or probable cause to believe
that such person committed a crime.
The prosecutor determines whether there is a reasonable ground to
believe that the accused is guilty and should be held for trial. While the Judge, b. In cases of a warrantless arrest, is it always necessary that the
on the other hand, determines if a warrant of arrest should be issued to place arresting officer have personal knowledge of the commission of the
the accused in immediate custody so as not to frustrate the ends of justice. (Ho crime?
v. People)
-No. Even without personal knowledge, an arresting officer can still
10. a. What are general warrants? Why are they proscribed under proceed with the arrest as long as he has probable cause to believe that a
the law? person was committing or committed a crime. Probable cause for the
issuance of a warrant of arrest would mean such facts and circumstances
General warrant is a search warrant which vaguely describes and does not which would lead a reasonably discreet and prudent man to believe that an
particularize the personal properties to be seized, a general warrant does not offense has been committed by the person sought to be arrested.
properly establish probable cause. It is an invalid warrant since it violates the
constitutional and law provisions specifically the fifth and the sixth requisites of 12. a. What are the instances of a warrantless search?
a valid search warrant which states that the warrant issued must particularly
describe the place to be searched and the persons or things to be seized and Search incident to a lawful arrest; Plain view doctrine; Search of a moving
that it shall issue only for one specific purpose. vehicle; Consented search; Customs search; stop and frisk; Exigent and
emergency circumstances; and Visual search at checkpoints
b. In a warrant of arrest, is it necessary that the name of the person to
be arrested be indicated? Why or why not? b. In case of a search as an incident to a lawful arrest, should the search
be preceded by an arrest?
No, it is not always necessary that the name of the person to be
arrested be indicated in a warrant of arrest. As a rule, a warrant of arrest Yes, in search incident to a lawful arrest, the warrantless search must be
for the apprehension of an unnamed party upon whom it is to be served is preceded by a lawful arrest provided under Sec 12 Rule 126 of the Rules of
void except in those cases where it contains a description of the person or Court.
such as will enable the officer to identify the accused.

c. What is the permissible area of search in case of a search as an

incident of a lawful arrest?
 there is no need to describe the content. However, identity of the person or
First it must be within the arrester’s custody but as the general rule the persons whose communication is to be intercepted, and the offense or offenses
extent and reasonableness of the search must be decided on its own facts and sought to be prevented, and the period of the authorization given can be
circumstances provided that there is a balance between the person’s privacy specified.)
and the public’s interest in the prevention of crime and the apprehension of
criminals. (2) When public safety or public order requires otherwise, as may be provided
by law.
d. What is the plain view doctrine?
14. a. What are the rights guaranteed under Section 4 and Section
Plain View Doctrine is an instance for warrantless search where an officer had 8, Art. III?
prior valid intrusion in a place, that an evidence is inadvertently discovered by
him and it must be noticeable without further search. The right guaranteed under Sec. 4 is the right to FREEDOM OF EXPRESSION
which states that, ”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.” And
e. What is the “stop and frisk” doctrine? under Sec.8 is the right to ASSOCIATION “The right of the people, including
those employed in the public and private sectors, to form unions,
STOP AND FRISK means that a warrantless search is allowed in circumstances associations, or societies for purposes not contrary to law shall not be
where a police officer has a genuine reason to warrant a belief that his safety abridged.”
and that of others was in danger.
b. What are the aspects of freedom of expression? Are these absolute?
13. a. What are the rights guaranteed under Section 3, Art. III? The aspects of freedom of expression includes:
 Freedom of speech, expression and of the press
RIGHT TO PRIVACY = RIGHT TO BE LET ALONE  Right of the people peaceably to assemble and petition the
General Rule: Privacy of communication and correspondence shall be inviolable. government for redress of grievances.
Any evidence obtained in violation of this section shall be inadmissible for any However, the freedom of expression is not absolute, it is still subject to the
purpose in any proceeding. (This covers letters, messages, telephone calls, laws against libel, incitement to violence or rebellion, and others.
telegrams, and the like.) e.g.
 Libel
(Tests of Reasonable Expectation of Privacy: (1) whether by his conduct, the  Obscenity
individual has exhibited an expectation of privacy; and (2) whether this  Contempt for criticism/publications tending to impede, obstruct or
expectation is one that society recognizes as reasonable.) embarass or influence the courts in administering justice
 Imputation of irregularities in the judiciary must strike a balance
b. When is intrusion into privacy of communication and correspondence between the right to free press and the reputation of judges. A
allowed? reporter is prohibited from recklessly disregarding a private reputation
Exception: without any bona fide effort to ascertain the truth.
 Right of students to free speech in school premises must not infringe
(1) By lawful order of the court on the school’s right to discipline its students.

(Probable cause in Sec. 2, Art. III should be followed for the court to c. What is the clear and present danger test, the balancing of interest test, the
allow intrusion. Particularity of description is needed for written O’Brien test and the void for overbreadth doctrine?
correspondence, but if the intrusion is done through wire-taps and the like,
 of religion or speech. When it includes within its coverage not only
1. CLEAR AND PRESENT DANGER TEST is the test most applied to cases re: unprotected activity but also activity protected by the constitution.
freedom of expression. The question in every case is whether the words used
are used in such circumstances and are of such a nature as to create a clear and d. Distinguish content-based and content –neutral regulations?
present danger that they will bring about substantive evils that Congress has a
Content- Neutral Regulations are also called time, place and manner
right to prevent. It is a question of proximity and degree. This rule requires that
restrictions, as the regulation seeks not to limit any particular type of speech,
“the danger created must not only be clear and present but also traceable to
but merely to regulate the circumstances under which the speech may take
the ideas expressed.”
place. Content-neutral speech restrictions are restrictions that are justified
2. BALANCING OF INTEREST TEST it is applied when a particular conduct is
without reference to the content of the regulated speech. Unlike content-based
regulated in the interest of public order, and the regulation results in an
regulations, which are subject to strict scrutiny, content-neutral restrictions will
indirect, conditional and partial abridgement of speech, the duty of the courts is
not be found unconstitutional provided that they are justified without
to determine which of the two conflicting interests demands greater protection.
reference to the content of the regulated speech, that they serve a significant
In other words, the courts should BALANCE the PUBLIC INTEREST served by
governmental interest, and that in so doing they leave open ample alternative
legislation on one hand and the FREEDOM OF SPEECH (or any other
channels for communication of the information.
constitutional right) on the other. The courts will then decide where the
greater weight should be placed. While it is generally true that a content-based regulation must pass strict
scrutiny, laws regulating the unprotected categories of speech discussed above
3. O’BRIEN TEST (C-GUN) it is used to determine whether it is Content- are not be subjected to this level of review. So long as such laws are not overly
Based or Content-Neutral: broad or unconstitutionally vague, the regulation of unprotected categories of
(1) If it is within the Constitutional power of the government content (pornography, fighting words, etc).
(2) If it furthers an important or substantial government A content-based regulation of any other area of speech, however, is
interest presumptively unconstitutional. Content-based regulations can be split into two
(3) if the government interest is unrelated to the suppression sub-categories, each of which is subject to strict scrutiny. First, if a law regulates
of free expression the expression of some viewpoint, it is content-based. Second, if a law regulates
(4) if the incidental restriction is no greater than is essential the discussion of some topic it is also content-based.
to the furtherance of that interest.
IN SHORT: Content neutral refers to laws that apply to all expression without
4. VOID FOR OVERBREADTH (Overbroad) PRINCIPLE is a principle of regard to the substance or message of the expression. Such laws generally
Judicial Review that holds that a law is invalid if it punishes constitutionally regulate only the time, place, and manner of speech in contrast to content-
protected speech or conduct along with speech or conduct that the based laws, which regulate speech based on content.
government may limit to further a compelling government interest. It applies
more to felonies or offenses which conflict with the freedom of expression and
15. a. May the right to assemble be conditioned upon the prior
association such as prosecution for libel, inciting to rebellion or sedition, and
issuance of a permit or authorization from government authorities?
violation of the Election Code.
Yes, according to BP 880 no permit shall be required when the
a. A penal statue is unconstitutional if its language is so broad that it
assembly shall be done in a freedom park duly established by law or
unnecessary interferes with the exercise of constitutional rights, even
ordinance or in a private property, in which case only the consent of
though the purpose is to prohibit activities that the government may
the owner or the one entitled to its legal possession is required, or in
constitutionally prohibit.
the campus of a government-owned and operated educational
institution which shall be subject to the rules and regulations of said
b. A statute is overbroad where it operates to inhibit the exercise of
educational institution.
individual freedoms guaranteed by the constitution, such as the freedom
 No, it does not prohibit the imposition of a sales tax on the sale of
b. Do government employees have the right to engage in concerted religious materials because it is that sale of the material itself that is
activities? taxed and not the free exercise of religion.

Yes, according to the case of Arizala v. Ca government employees have f. What is a purely ecclesiastical affair? Do courts have jurisdiction over
the right to engage in concerted activities but not for the purpose of the same?
securing change in the terms and conditions of their employment
which is fixed by law. One that concerns nesdoctri, creed, or form of worship of the church,
or the adoption and enforcement within a religious association of
16. a.What are the rights guaranteed under Section 5, Art. III? needful laws and regulations for the government of the membership,
and the power of excluding such associations those deemed unworthy
1. Non-establishment clause of membership. It involves the relationship between the church and its
2. Freedom of religious profession and members and relate to matters of faith, religious doctrines, worships,
worship 3. and governance of the congregation.

b. What is the non-establishment clause? Are there any exceptions 17. a. What are the rights guaranteed under Section 6, Art. III?
thereto?  right to choose a person’s abode or liberty of abode
The clause prohibits excessive government entanglement with,  right to travel both at home and going out of the country or
endorsement or disapproval of religion (Victoriano vs.Elizalde Rope liberty of travel
Workers Union) b. What are the limitations on the liberty of abode?
XPN: Sec. (3) Art VI [exemption from taxation of properties actually,  liberty of abode may be impaired or restricted by a “lawful
directly and exclusively used for religious purposes]; Sec. 4(2) Art. XIV court order”.
[citizenship requirement of ownership of educational institutions, c. What are the limitations on the right to travel?
except those established by religious groups and mission boards];  may be restricted in the interest of national security (e.g. Sec.
26 of the Human Security Act), public safety or public health
c. What do you understand by ‘benevolent neutrality approach’? (e.g. quarantine), and as may be provided by law.
Benevolent neutrality recognizes that the government must pursue its d. May the courts limit the right to travel?
secular goals and interests but at the same time strives to uphold Yes, the courts may limit the right to travel upon issuance of a hold-
religious liberty to the greatest extent possible within flexible departure order (HDO) upon a person with a pending case in the RTC
constitutional limits. Thus, although the morality contemplated by laws directing the Bureau of Immigration to hold the departure of the said
is secular, benevolent neutrality could allow for accommodation of person.
morality based on religion, provided it does not offend compelling state e. May a court prevent a person admitted to bail from leaving the
interests. (Estrada vs Escritor) country?
Yes, restraint on right to travel of accused on bail is allowed in order to
d. What are the two aspects of the free exercise clause? avoid the possibility of losing jurisdiction if accused travels abroad. The
1. Freedom to believe - absolute same restrictions shall be terminated upon the acquittal of the accused
2. Freedom to act on one's belief - subject to regulation or dismissal of his case.

e. Does the free exercise clause prohibit the imposition of a sales tax on 18. a. What are the rights guaranteed by Section 7, Art. III?
the sale of religious materials?
Section 7. The right of the people to information on matters of public and tenants from 50-50 to 55-45 in favor of the tenants. The Court held
concern shall be recognized. Access to official records, and to documents that the law is valid. Consistent with the policy of social justice, the law
and papers pertaining to official acts, transactions, or decisions, as well as favored the tenants as well as the general welfare of the people in
to government research data used as basis for policy development, shall be exchange of contractual rights.
afforded the citizen, subject to such limitations as may be provided by law. : 3. The power of taxation and power of eminent domain, inasmuch as they
Right to information on matters of public concern. are also sovereign powers of the state, can validly impair obligations of
contracts.
b. What are the limitations to these rights? 4. Licenses are different from contracts. Licenses are franchises or
(1) Records involving the security of the State or which are confidential privileges given by the State to qualified entities that may be withdrawn or
in character. relinquished when national interests so require. However, like contracts,
(2) Certain public records are declared confidential either by law or by they yield to police power.
administrative regulations. (e.g Income tax returns under the National
Internal Revenue Code; the condition or business of banks under the 20. a. What is the right guaranteed under Section 11, Art. III?
Central Bank; Accounts pertaining to military intelligence funds; Certain
army records; and disbarment proceedings) Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

19. a. What is the right guaranteed under Section 10, Art. III? (The answer is the one i wrote immediately after the question. The discussion
Sec. 10, Article III provides that “No law impairing the obligation of below is from a case involving PAO Chief Acosta regarding the extent of the
contracts shall be passed.” This is the so-called contract clause, which seeks exemption from payment of legal fees.)
to restrain substantial legislative impairment of, or intrusion into, the
obligations of contracts. The right guaranteed is the integrity of valid However, the exemption granted to PAO’s clients cannot be extended to the
contractual agreements against unwarranted interference by the State. payment of sheriff’s expenses; the exemption is specifically limited to the
payment of fees, i.e., docket and other fees incidental to instituting an action.
b. What constitutes an impairment?
1. If it changes the terms of a contract either in the time or mode of The phrase "docket and other fees incidental to instituting an action" refers to
performance. the totality of the legal fees imposed under Rule 141 of the Rules of Court. In
2. If it imposes new conditions or dispenses with those expressed. particular, it includes filing or docket fees, appeal fees, fees for issuance of
3. If it authorizes for its satisfaction something different from that provisional remedies, mediation fees, sheriff’s fees, stenographer’s fees and
provided in its terms. commissioner’s fees. These are the fees that are exacted for the services
rendered by the court in connection with the action instituted before it.
c. What are limitations to the non-impairment clause?
1. As between freedom of contract and police power, police power prevails. Nonetheless, the Court authorized the officials and employees of PAO to serve
Thus, laws enacted in exercise of police power will prevail over contracts. summons, subpoena and other court processes pursuant to Section 3, Rule 14
After all, private rights and interest in contracts must yield to the common of the Rules of Court. The authority given herein by the Court to the officials
good. Every contract affecting public welfare is presumed to include the and employees of PAO shall be limited only to cases involving their client. This
provisions of existing laws and a reservation of police power. would relieve the latter from the burden of paying for the sheriff's expenses
2. The supremacy of police power is felt most clearly in labor contracts and despite their non-exemption from the payment thereof. The amount to be
agricultural tenancy contracts. For instance, a law which provides for work defrayed in the service of summons, subpoena and other court processes in
or play on a Sunday is upheld as valid even if it nullifies existing labor behalf of its clients would consequently have to be taken from the operating
contracts, since it is a legitimate exercise of police power. In another case, a expenses of P AO. In turn, the amount advanced by PAO as actual travel
law (R.A. No. 34) changed the crop-sharing system between the landlord expenses may be taken from the amount recovered from the adversaries of
PAO's clients as costs of suit, attorney's fees or contingent fees prior to the 21. a. What are the rights guaranteed under Section 12, Art. III?
deposit thereof in the National Treasury.
(The answer below is the statutory enactment of the free legal assistance Basically the rights guaranteed under section 12 is the MIRANDA RIGHTS.
clause)
The Miranda rights stem from the landmark decision of the United States
EO No. 292: "ADMINISTRATIVE CODE OF 1987," as amended by RA 9406 Supreme Court in Miranda v. Arizona. The Miranda doctrine requires that: (a)
provides that: any person under custodial investigation has the right to remain silent; (b)
anything he says can and will be used against him in a court of law; (c) he has
The PAO shall be the principal law office of the government in extending free the right to talk to an attorney before being questioned and to have his counsel
legal assistance to indigent persons in criminal, civil, labor, administrative and present when being questioned; and (d) if he cannot afford an attorney, one
other quasi-judicial cases. will be provided before any questioning if he so desires.

THE CODE OF PROFESSIONAL RESPONSIBILITY provides that: the right to counsel was specifically qualified to mean competent and
independent counsel preferably of the suspect’s own choice. Waiver of the
Rule 14.03: A lawyer may not refuse to accept representation of an indigent right to counsel likewise provided for stricter requirements compared to its
client unless: American counterpart; it must be done in writing, and in the presence of
counsel. Any confession or admission obtained in violation of the requirements
a. He is in no position to carry out the work effectively or competently; under the Miranda rights shall be inadmissible in evidence against the accused
b. He labors under a conflict of interest between him and the prospective client (Art. 3, Sec. 12 [3], Constitution).
or between a present client and the prospective client

THE RULES OF COURT provides that: b. When are these rights available?
They are available upon custodial investigation or upon arrest of any
Section 31. Attorneys for destitute litigants. — A court may assign an person.
attorney to render professional aid free of charge to any party in a case, if upon
investigation it appears that the party is destitute and unable to employ an c. What is a custodial investigation?
attorney, and that the services of counsel are necessary to secure the ends of Any questioning initiated by law enforcement officers after a person has
justice and to protect the rights of the party. It shall be the duty of the attorney been taken into custody or otherwise deprived of his freedom of action in
so assigned to render the required service, unless he is excused therefrom by any significant way.
the court for sufficient cause shown.
Begins as soon as the investigation is no longer a general inquiry unto an
Section 32. Compensation for attorneys de oficio. — Subject to availability unsolved crime, and direction is then aimed upon a particular suspect who
of funds as may be provided by the law the court may, in its discretion, order an has been taken into custody and to whom the police would then direct
attorney employed as counsel de oficio to be compensates in such sum as the interrogatory questions which tend to elicit incriminating statements.
court may fix in accordance with section 24 of this rule. Whenever such
compensation is allowed, it shall be not less than thirty pesos (P30) in any case, Shall include the practice of issuing an invitation to a person who is
nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; (2) investigated in connection with an offense he is suspected to have
One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) committed, without prejudice to the liability of the inviting officer for any
in grave felonies other than capital offenses; (4) Five Hundred pesos (P500) in violation of law.
capital offenses.
 to be done, without running afould of the proscription against testimonial
d. May these rights be waived? If yes, how can they be waived? compulsion.

Rights That May Be Waived e. What is the legal consequence of a violation of Section 12, Art. III?
[waiver must be in writing and in the presence of counsel]
- If there is violation of Section 12, Art. III, any Confessions or
(a) Right to remain silent admissions obtained in violation of these rights are inadmissible as
(b) Right to Counsel evidence

Rights That Cannot Be Waived 22. a. What are the guidelines laid down by the Supreme Court in People
vs. Mahinay that should be observed by an arresting, detaining,
(a) Right to be informed of his right to remain silent and to counsel inviting or investigating officer?

(b) Right to counsel when making the waiver of the right to remain silent or to 1. The person arrested, detained, invited or under custodial investigation
counsel must be informed in a language known to and understood by him of the
reason for the arrest and he must be shown the warrant of arrest, if any;
**Right to counsel de parte is not unlimited. Accused cannot repeatedly ask for Every other warnings, information or communication must be in a language
postponement. He must be provided with counsel de oficio. known to and understood by said person;
2. He must be warned that he has a right to remain silent and that any
RA 7309: victims of unjust imprisonment may file their claims with the Board of statement he makes may be used as evidence against him;
Claims under DOJ 3. He must be informed that he has the right to be assisted at all times and
have the presence of an independent and competent lawyer, preferably of
Res Gestae: The declaration of the accused acknowledging guilt made to the his own choice;
police desk officer after the crime was committed may be given in evidence 4. He must be informed that if he has no lawyer or cannot afford the services
against him by the police officer to whom the admission was made, as part of of a lawyer, one will be provided for him; and that a lawyer may also be
the res gestae. engaged by any person in his behalf. Or may be appointed by the court
upon petition of the person arrested or one acting in his behalf;
In People v. Galit, rights under custodial investigation may be waived. The 5. That whether or not the person arrested has a lawyer, he must be informed
Constitution says; “These rights cannot be waived except in writing and in the that no custodial investigation in any form shall be conducted except in the
presence of counsel.” In localities where there are no lawyers, the State must presence of his counsel or after a valid waiver has been made;
bring the individual to a place where there is one. 6. The person arrested must be informed that, at any time, he has the right to
communicate or confer by the most expedient means – telephone, radio,
· Termination of rights under custodial investigation: When Charges are letter or messenger – with his lawyer, (either retained or appointed), any
filed against the accused (in such case, Sections 14 and 17 come into play). member of his immediate family, or any medical doctor, priest or minister
chosen by him or by any one from his immediate family or by his counsel,
· In Gutang v. People, the Court held that urine sample is admissible. or be visited by/confer with duly accredited national or international non-
“What the Constitution prohibits is the use of physical or moral compulsion government organization. It shall be the responsibility of the officer to
to extort communication from the accused, but not an inclusion of his body ensure that this is accomplished;
in evidence, when it may be material. In fact, an accused may be validly 7. He must be informed that he has the right to waive any of said rights
compelled to be photographed or measured, or his garments or shoes provided it is made voluntarily, knowingly and intelligently and ensure that
removed or replaced, or to move his body to enablke the foregoing things he understood the same;
8. In addition, if the person arrested waives his right to a lawyer, he must be
informed that it must be done in writing and in the presence of counsel, c. Is a hearing always mandatory even if bail is a matter of right or if the
otherwise, he must be warned that the waiver is void even if he insists on prosecution poses no objection to the grant of bail?
his waiver and chooses to speak;
9. That the person arrested must be informed that he may indicate in any Yes. A hearing is mandatory even if the bail is a matter of right or if the
manner at any time or stage of the process that he does not wish to be prosecution poses no objection. Under Rule 114, sec2. The failure of
questioned with warning that once he makes such indication, the police the accused to appear at the trial without justification despite due
may not interrogate him if the same had not yet commences, or the notice to him or his bondsman shall be deemed an express waiver of
interrogation must ceased if it has already begun; his right to be present on the date specified in the notice. In such case,
10. The person arrested must be informed that his initial waiver of his right to the trial may proceed in absentia.
remain silent, the right to counsel or any of his rights does not bar him from
invoking it at any time during the process, regardless of whether he may d. What is the meaning of “strong evidence of guilt”?
have answered some questions or volunteered some statements; Strong evidence of guilt is burden of proof for the prosecutor. He must
11. He must also be informed that any statement or evidence, as the case may prove that there are enough evidence to show that the person is guilty.
be, obtained in violation of any of the foregoing, whether inculpatory or Here the court takes into account the type of evidence and whether or
exculpatory, in whole or in part, shall be inadmissible in evidence. not they are persuasive

a. What is bail? 24. a. What is the writ of habeas corpus?

A court order demanding that a public official deliver an imprisoned
Bail is the security required by the court and given by the accused to ensure individual to court and show a valid reason for that person’s detention.
that the accused appear before the proper court at the scheduled time and
place to answer the charges brought against him. It is awarded to the b. When is the writ available?
accused to honor the presumption of innocence until his guilt is proven In English, the Latin phrase habeas corpus means that “you have the body.”
beyond reasonable doubt, and to enable him to prepare his defense The writ of habeas corpus commands an government official who has
without being subject to punishment prior to conviction (Cortes vs. Catral, restrained an individual’s liberty to produce that individual at a designated
279 SCRA 1. Its main purpose is to relieve an accused from the rigors of time and place where the Court can determine whether the individual’s
imprisonment until his conviction and secure his appearance at the trial detainment is legal or not. If it was not lawful, the individual must be
(Paderanga vs. CA, 247 SCRA 741). released. The writ is a safeguard against warrantless arrests, and illegal
detention.
b. When is bail a matter or right? When is it a matter of discretion? And
when is it neither a matter of right on the part of the accused nor a c. Is it proper to file a petition for habeas corpus for the release of a person
matter of discretion on the art of the court? who has been arrested by virtue of a warrant that was unlawfully issued
by a court?
Bail is a matter of right before final conviction, but the rule is not Yes, jurisprudence states that “in habeas corpus, the concern is not merely
absolute. The exception is when a person is charged with a capital whether an error has been committed in ordering or holding a person in
offense when the evidence of guilt is strong, or when the offense for custody, but whether such error is sufficient to render void the judgement,
which on is charged is punishable by reclusion perpetua. The exception order, or process, an inquiry into the validity of the proceedings or process
to this rule, however, is even if a person is charged with a capital can be crucial in safeguarding the constitutional right of a potential accused
offense where the evidence of guilt is strong, if the accused has failing against an obvious and clear misjudgement. The right of the state to
health, Hence, for humanitarian reasons, he may be admitted to bail, prosecute and detain perceived transgressions of the law must be balanced
but that is discretionary on the part of the court (De La Ramos vs. with its duty to protect the innate value of individual liberty.” Since the
People‘s Court, 77 Phil. 461; Catiis vs. CA, 487 SCRA 71) issuance of a valid warrant of arrest is clearly a requisite in the process of
 detaining a potential accused, a petition for habeas corpus may be
considered a recourse when an individual is arrested by virtue of a warrant c. Why must an accused be assisted by counsel during trial? May this right
that was unlawfully issued by a court. to counsel be waived?
The right of the accused to be assisted by a counsel means right to
25. a. What are the rights of the accused guaranteed under Sections 14, have an effective counsel with the purpose defending the right of the
17, 19 and 21 of Art. III? accused who is entitled with the presumption of innocence until
Sec 14 provides the following rights of the accused:Due process, proven or the right of the accused to be heard. Yes the right to counsel
Presumption of innocence ,speedy trial ,meet the witness face to face,to be can be waived when he voluntary submits himself to the jurisdiction of
heard,to be inform and secure attendance of witness and production of the court and proceeds with his defense.
evidence in his However, after arraignment, trial may proceed d. What is the essence of the right to a speedy, impartial and public trial?
notwithstanding the absence of the accused: Provided, that he has been “Justice delayed is justice denied”. The constitution provides this right
duly notified and his failure to appear is unjustifiable.However, after in favor of the accused to be protected from unnecessary delays. The
arraignment, trial may proceed notwithstanding the absence of the essence of such provision is to prevent oppressive or undue deprivation
accused: Provided, that he has been duly notified and his failure to appear of the accused liberty This right can be availed not just by the accused
is unjustifiable. but also by the other party(complainant or aggrieved party).
Sec 17. No person shall be compelled to be a witness against himself. e. May trial ensue even in the absence of the accused?
Sec 19. No fines should be excessive nor cruel ,degrading or inhuman Yes ,in the concept of trial in absentia provided in Art 3,Sec 14(2)
.Neither death penalty should be impose Unless for compelling reason of However, after arraignment, trial may proceed notwithstanding the
heinous crimes the congress hereafter provides for it.1. Any death absence of the accused: Provided, that he has been duly notified and
penalty already imposed shall be reduced to reclusion perpetua. The his failure to appear is unjustifiable.
employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal f. What are the stages in a trial that the accused should be present?
facilities under subhuman conditions shall be dealt with by law. Accused must be present in Arraignment,Identification and during
Sec 21 No person shall be twice put in double jeopardy. promulgation.

b. Is the presumption of guilt that is derived from unexplained flight g. What is the essence of the right to meet witnesses face to face as well
constitutional? as the right to compulsory processes?
Yes, base on the jurisprudence G.R. No. L-8448 “ Flight is the evasion of It is a personal right of the accused to meet the witness and conduct a
the course of justice by voluntarily withdrawing oneself in order to cross examination.
avoid arrest, detention or the institution or continuance of criminal
proceedings. 45 It is considered an indication of guilt. A "fugitive from h. Is the death penalty a cruel punishment?
justice," on the other hand, is one who flees after conviction to avoid Yes, it is inhumane and unlawful.Simply againts human rights which we
punishment, as well as one who, after being charged, flees to avoid are all entitled . Our constitution itself protects the dignity of human
prosecution. By his flight and thereafter becoming a fugitive, appellant life. A punishment should not vary on severity but should be on
waived his right to adduce evidence and consequently denied himself certainty
the opportunity to dispute the charge against him.
It is a fundamental rule that criminal cases rise and fall on the strength 26. a. May the accused by compelled to take the witness stand?
of the evidence of the prosecution and not on the weakness or, as in No. The accused can never be compelled to take the witness stand.
this case, the absence of evidence of the defense. We emphasize that Jurisprudence provides that “a person who is the accused in a criminal case may
the flight of appellant, by itself, does not sustain his conviction because assert the right against self-incrimination from the moment he is asked to
the law requires therefor no less than the proof of guilt beyond testify.” Furthermore, the accused has an absolute right to remain silent.
reasonable doubt”.
 b. May a witness be compelled to take the witness stand? Yes. Jurisprudence provides that it is available “if, because of the nature of the
Yes. Jurisprudence provides that a person who is a witness but not the accused, penalty that may be imposed by the administrative body, the hearing partakes
may assert the right against self-incrimination, only when the incriminating of a nature of a criminal proceeding.”
question is asked.
27. a. When does the first jeopardy attach?
First jeopardy attaches upon the concurence of the following requisites:
c. When is a question incriminating?  Upon a good indictment;
C.J. Marshall in a jurisprudence explained that usually a crime or a criminal  Before a competent court;
act may contain two or more elements and that a question would have a  After arraignment; and
tendency to incriminate, even if it tends to ilicit only one of said elements.  After plea
The right thus, includes a right to refuse to testify to a fact which would be
a necessary link in a chain of evidence to prove the commission of the b. When is it considered terminated?
crime by the witness. Jeopardy is considered terminated under the following circumstances:
 By acquittal
d. What is the scope of the right against self-incrimination? May an accused  By final conviction
be compelled to submit documentary evidence?  By dismissal without express consent of the accused
The SC held in several cases that “the scope of the right against self-  By “dismissal” on the merits
incrimination applies only to testimonial compulsion,” “available in any
proceedings, even outside the court, for they may eventually lead to a c. Is an acquittal the same as a dismissal?
criminal prosecution.” The following dismissals amount to an acquittal:
In general, it does not include documentary evidence. As jurisprudence
 Dismissal on the merits
provides, “it does not apply where the evidence sought to be excluded is
 Dismissal without express consent of the accused
not an incriminating statement but an object evidence.” An exception to
 Dismissal for denial of the right against speedy trial when there is
the rule is when the accused is compelled to produce an example of his
unreasonable delay
handwriting, in which the court ruled that “writing is not purely a
mechanical act, because it requires the application of the intelligence and
d. May the state appeal from an acquittal? If not, then what other
attention; there is similarity between one who is compelled to produce a
remedy is available in order to question errors of jurisdiction?
document, and one who is compelled to furnish a specimen of his
No, the state cannot appeal from an acquittal as it violates double jeopardy.
handwriting, for in both cases, the witness is required to produce an
The proper remedy is a petition for certiorari under Rule 65 in cases where
evidence against himself.” Therefore, a witness may refuse to answer
there is grave abuse of discretion amounting to lack or excess of jurisdiction.
questions or give documentary evidence only if the answer or document
would incriminate the witness.
e. What are the instances wherein the dismissal is with the consent of
the accused but the defense of double jeopardy is still available?
e. Distinguish transactional immunity from use and fruit immunity.
Dismissal for denial of the right against speedy trial when there is unreasonable
“Transactional immunity” grants immunity to witness from prosecution for an
delay.
offense from which his compelled testimony relates.
“Use immunity” prohibits the use of a witness’ compelled testimony and its
f. What is the doctrine of supervening event?
fruits in any manner in connection with the criminal prosecution of the witness.
Jurisprudence provides that the doctrine of supervening events apply “where
after the first prosecution a new fact supervenes for which the defendant is
f. Is the right against self-incrimination available during administrative
responsible, which changes the character of the offense and together with the
investigation?
facts existing at the time, constitute a new and distinct offense,” in this case,
“the accused cannot be said to be in second jeopardy if indicted for the new 5. which assumes to regulate civil rights and remedies only but in effect
offense. imposes a penalty or deprivation of a right which when done was
lawful; or
28. a. What is the right guaranteed under Section 18(2), Art. III? 6. that which deprives a person accused of a crime of some lawful
The provision provides that “no involuntary servitude in any form shall exist protection to which he has become entitled, such as the protection of a
except as punishment for a crime whereof the party shall have been duly former conviction or acquittal, or a proclamation of amnesty.
convicted.”
Jurisprudence defined involuntary servitude as a condition of enforced or Characteristics of ex post facto law:
compulsary service of one to another no matter what form such servitude may  It refers to criminal matters;
be disguised.  It is retroactive in application; and
 It works to the prejudice of the accused
b. Are there any exceptions to the said right?
Yes. Involuntary may be imposed as a in the following: 30. b. What is a bill of attainder?
 As punishment for a crime whereof the party shall have been duly
convicted. A bill of attainder is a legislative act which inflicts punishment without judicial
 In the interest of national defense where all citizens may be compelled by trial to a named individual or easily ascertainable members of a group.
law to render personal military or civil service.
 A return to work order. Jurisprudence rule that “[S]o imperative is the
order in fact that it is not even considered violative of the right against
voluntary servitude. The worker can of course give up his work… if he does
not want to obey the order…; but the order must be obeyed if he wants to
retain his work even if his inclination is to strike.”

29. a. What is an expost facto law?

An ex post facto law is a law which operates retroactively and makes an act
done before its passage, innocent when done, criminal, or makes the crime
greater than when it was committed, or inflicts a greater punishment than what
the law provided to the crime when it was committed, or alters the legal rules
of evidence and receives less testimony than what the law required at the time
of the commission of the offense in order to convict the offender.

The following are the types if ex-post facto laws:

1. which makes an action done before the passing of the law and which
was innocent when done, criminal, and punishes such action; or
2. which aggravates a crime or makes it greater than it was when
committed; or
3. which changes the punishment and inflicts a greater punishment than
the law annexed to the crime when it was committed; or
4. which 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 defendant.