ARTICLE VIII division may be modified or reversed except by

JUDICIAL DEPARTMENT the court sitting en banc.

• SECTION 5
• SECTION 1 The Supreme Court shall have the following powers:
The judicial power shall be vested in one Supreme Court 1. Exercise original jurisdiction over cases affecting
and in such lower courts as may be established by law. ambassadors, other public ministers and consuls,
Judicial power includes the duty of the courts of justice to and over petitions for certiorari, prohibition,
settle actual controversies involving rights which are mandamus, quo warranto, and habeas corpus.
legally demandable and enforceable, and to determine 2. Review, revise, modify , or affirm on appeal on
whether or not there has been a grave abuse of discretion certiorari, as the law or the Rules of Court may
amounting to lack or excess of jurisdiction on the part of provide, final judgments and orders of lower
any branch or instrumentality of the Government. courts in:
• SECTION 2 1. All cases in which the constitutionality
The Congress shall have the power to define, prescribe, or validity of any treaty, international
and apportion the jurisdiction of various courts but may or executive agreement, law,
not deprive the Supreme Court of its jurisdiction over presidential decree, proclamation,
cases enumerated in Section 5 hereof. order, instruction, ordinance, or
No law shall be passed reorganizing the Judiciary when it regulation is in question.
undermines the security of tenure of its Members. 2. All cases involving the legality of any
• SECTION 3 tax, impost, assessment, or toll, or any
The Judiciary shall enjoy fiscal autonomy. Appropriations penalty imposed in relation thereto.
for the Judiciary may not be reduced by the legislature 3. All cases in which the jurisdiction of
below the amount appropriated for the previous year and, any lower court is in issue.
after approval, shall be automatically and regularly 4. All criminal cases in which the penalty
released. imposed is reclusion perpetua or
• SECTION 4 higher.
1. The Supreme Court shall be composed of a Chief 5. All cases in which only an error or
Justice and fourteen Associate Justices. It may sit question of law is involved.
en banc or, in its discretion, in divisions of three, 3. Assign temporarily judges of lower courts to
five, or seven Members. Any vacancy shall be other stations as public interest may require.
filled within ninety days from the occurrence Such temporary assignment shall not exceed six
thereof. months without the consent of the judge
2. All cases involving the constitutionality of a concerned.
treaty, international or executive agreement, 4. Order a change of venue or place of trial to avoid
which shall be heard by the Supreme Court en a miscarriage of justice.
banc, and all other cases which under the Rules 5. Promulgate rules concerning the protection and
of Court are required to be heard en banc, enforcement of constitutional rights, pleading,
including those involving the constitutionality, practice, and procedure in all courts, the
application, or operation of presidential decrees, admission to the practice of law, the Integrated
proclamations, orders, instructions, ordinances, Bar, and legal assistance to the underprivileged.
and other regulations, shall be decided with the Such rules shall provide a simplified and
concurrence of a majority of the Members who inexpensive procedure for the speedy disposition
actually took part in the deliberations on the of cases, shall be uniform for all courts of the
issues in the case and voted thereon. same grade, and shall not diminish, increase, or
3. Cases or matters heard by a division shall be modify substantive rights. Rules of procedure of
decided or resolved with the concurrence of a special courts and quasi-judicial bodies shall
majority of the Members who actually took part remain effective unless disapproved by the
in the deliberations on the issues in the case and Supreme Court.
voted thereon, and in no case, without the 6. Appoint all officials and employees of the
concurrence of at least three of such Members. judiciary in accordance with the Civil Service Law.
When the required number is not obtained, the • SECTION 6
case shall be decided en banc; Provided, that no The Supreme Court shall have the administrative
doctrine or principle of law laid down by the supervision over all courts and the personnel thereof.
court in a decision rendered en banc or in • SECTION 7
 1. No person shall be appointed Member of the For the lower courts, the President shall issue the
Supreme Court or any lower collegiate court appointments within ninety days from the submission of
unless he is a natural-born citizen of the the list.
Philippines. A Member of the Supreme Court • SECTION 10
must be at least forty years of age and, must The salary of the Chief Justice and of the Associate Justices
have been for fifteen years or more a judge of a of the Supreme Court, and of judges of lower courts shall
lower court or engaged in the practice of law in be fixed by law. During their continuance in office, their
the Philippines. salary shall not be decreased.
2. The Congress shall prescribe the qualifications of • SECTION 11
judges of lower courts, but no person may be The Members of the Supreme Court and judges of lower
appointed judge thereof unless he is a citizen of courts shall hold office during good behavior until they
the Philippines and a member of the Philippine reached the age of seventy years or become incapacitated
Bar. to discharge the duties of their office. The Supreme Court
3. A Member of the Judiciary must be a person of en banc shall have the power to discipline judges of lower
proven competence, integrity, probity, and courts, or order their dismissal by a vote of a majority of
independence. the Members who actually took part in the deliberations
• SECTION 8 on the issues in the case and voted thereon.
1. A Judicial and Bar Council is hereby created • SECTION 12
under the supervision of the Supreme Court The Members of the Supreme Court and of other courts
composed of the Chief Justice as ex officio established by law shall not be designated to any agency
Chairman, the Secretary of Justice, and a performing quasi-judicial or administrative functions.
representative of the Congress as ex officio • SECTION 13
Members, a representative of the Integrated Bar, The conclusions of the Supreme Court in any case
a professor of law, a retired Member of the submitted to it for decision en banc or in division shall be
Supreme Court, and a representative of the reached in consultation before the case is assigned to a
private sector. Member for the writing of the opinion of the Court. A
2. The regular Members of the Council shall be certification to this effect signed by the Chief Justice shall
appointed by the President for a term of four be issued and a copy thereof attached to the record of the
years with the consent of the Commission on case and served upon the parties. Any Member who took
Appointments. Of the Members first appointed, no part, or dissented, or abstained from a decision or
the representative of the Integrated Bar shall resolution must state the reason therefor. The same
serve for four years, the professor of law for requirements shall be observed by all lower collegiate
three years, the retired Justice for two years, and courts.
the representative of the private sector for one • SECTION 14
year. No decision shall be rendered by any court without
3. The Clerk of the Supreme Court shall be the expressing therein clearly and distinctly the facts and the
Secretary ex officio of the Council and shall keep law on which it is based.
a record of its proceedings. No petition for review or motion for reconsideration of a
4. The regular Members of the Council shall receive decision of the court shall be refused due course or denied
such emoluments as may be determined by the without stating the legal basis therefor.
Supreme Court. The Supreme Court shall • SECTION 15
provide in its annual budget the appropriations 1. All cases or matters filed after the effectivity of
for the Council. this Constitution must be decided or resolved
5. The Council shall have the principal function of within twenty-four months from date of
recommending appointees to the Judiciary. It submission for the Supreme Court, and, unless
may exercise such other functions and duties as reduced by the Supreme Court, twelve months
the Supreme Court may assign to it. for all lower collegiate courts, and three months
• SECTION 9 for all other lower courts.
The Members of the Supreme Court and judges of lower 2. A case or matter shall be deemed submitted for
courts shall be appointed by the President from a list of at decision or resolution upon the filing of the last
least three nominees prepared by the Judicial and Bar pending, brief, or memorandum required by the
Council for every vacancy. Such appointments need no Rules of Court or by the court itself.
confirmation. 3. Upon the expiration of the corresponding period,
a certification to this effect signed by the Chief
 Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record
of the case or matter, and served upon the
parties. The certification shall state why a
decision or resolution has not been rendered or
issued within said period.
4. Despite the expiration of the applicable
mandatory period, the court, without prejudice
to such responsibility as may have been incurred
in consequence thereof, shall decide or resolve
the case or matter submitted thereto for
determination, without further delay.
• SECTION 16
The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to
the President and the Congress an annual report on the
operations and activities of the Judiciary.
 enforcement of regulations on market and sanitation,
establishment of schools, and the provision for lighting
LOCAL GOVERNMENT HISTORY facilities.

1. The cities, municipalities, and provinces of today evolved 7. THE COMMONWEALTH AND CENTRALISM. The forms
from the barangays of pre-Spanish times, the pueblos and and patterns of local government during the American civil
cabildos of the Spanish colonial days and the townships of administration remained essentially the same during the
the American regime. Commonwealth period. The only notable changes were the
transfer of central supervision from the Executive Bureau
2. THE BARANGAYS. The pre-Spanish barangays were the to the Department of Interior and the creation of more
first political and social organizations of the Philippines. A chartered cities.
barangay was a settlement of some 30 to 100 families and
a governmental unit in itself. President Quezon, the central figure of the government
during this period, even argued against autonomy in the
3. SPANISH CONQUEST AND CENTRALISM. The lack of unity cities, hinting that “under the unitary system of
among the warring barangays made conquest easier for government which exists in the Philippines, the national
the Spaniards. Gradually, the datus were shorn of their chief executive does and should control all local offices.”
powers. The Spaniards organized pueblos (municipalities),
Cabildos (cities), and provincias (provinces). The provinces 8. LOCAL GOVERNMENTS UNDER THE REPUBLIC. The
were established “for the convenience of administration national government was supreme and local governments
and constituted the immediate agencies through which the were merely its political and administrative subdivisions.
central government could extend its authority on Most of the formal and real powers are vested and
numerous villages.” exercised by the national government. Local units,
however, possessed a certain degree of autonomy. During
In place of the barangays, barrios were established, and Marcoss authoritarian years (1972-86), a Ministry of Local
the datus were made into cabezas de barangay whose only Government was instituted to invigorate provincial,
remaining function was the collection of taxes for the municipal, and barangay governments.
Spanish government.
But, Marcoss real purpose was to establish lines of
4. LOCAL GOVERNMENTS DURING THE FIRST PHILIPPINE authority that by passed provincial governments and ran
REPUBLIC. The importance of local governments was straight to Malacañang. All local officials were beholden to
recognized by Gen. Emilio Aguinaldo and Apolinario Mabini Marcos, who could appoint or move any provincial
in their program of government for the First Philippine governor or town mayor.
Republic. Fillipino leaders knew that “if a strong and
enduring Filipino nation was to be established, it must be 9. LOCAL GOVERNMENTS AT PRESENT. After the Peoples
able to maintain itself in all emergencies, and the whole Power Revolution, the new Aquino government decided to
political fabric must be well founded on an efficient system replace all the local officials who had served Marcos.
of local government. Corazon Aquino delegated this task to her political ally,
Aquilino Pimentel. Pimentel named officers incharge of
5. THE MALOLOS CONSTITUTION PROVIDED A SEPARATE local governments all across the nation. Local officials
ARTICLE ON LOCAL GOVERNMENT (Title XI, Article 82). elected in 1988 were to serve until June 1992, under the
Local autonomy was made explicit in the introductory transitory clauses of the new constitution.
portion which stipulated that “the organization and powers
of the provincial and municipal assemblies shall be Thereafter, terms of office were to be three years, with a
governed by their respective laws.” three-term limit. On October 10, 1991, The Local
Government Code 1991 (R.A.7160) was signed into law.
6. LOCAL GOVERNMENTS DURING THE AMERICAN This Code ordained an authentic and workable local
REGIME. The Americans contributed very little, if at all, to autonomy through the devolution of certain powers from
the development of local autonomy. In fact, national-local the national government to the local governments.
relationship reverted to the strong centralism that
characterized the Spanish colonial regime. 10. BARANGAYA barangay (Filipino: baranggay, is the
smallest administrative division in the Philippines and is
” The Commission’s blueprint for town organization the native Filipino term for avillage, district or ward.
provided for a President to be elected viva voce by
residents of the town with the approval of the 11. Municipalities and cities are composed of barangays,
Commanding Officer. His duty consisted in the and they may be further subdivided into smaller areas
establishment of a police force, collection of taxes, called purók (English: zone), and sitio, which is a territorial
enclave inside a barangay, especially in rural areas. In 15. CITYA city (lungsod, or sometimes siyudad in Filipino
writing, barangay is sometimes abbreviated to "Brgy." or and Tagalog) is a tier of local government in the
"Bgy.". As of June 28, 2011 there are a total of 42,026 Philippines. All Philippinecities are chartered cities, whose
barangays throughout the Philippines. SEC. 384. existence as corporate andadministrative entities is
governed by their own specific charters in addition to the
ROLE OF THE BARANGAY. - As the basic political unit, the Local Government Code of 1991, which specifies the
barangay serves as the primary planning and implementing administrative structure and political powers of
unit of government policies, plans, programs, projects, and subnational government entities.
activities in the community, and as a forum wherein the
collective views of the people may be expressed, 16. Only an Act of Congress can create or amend a city
crystallized and considered, and where disputes may be charter, and with this city charter Congress confers to a city
amicably settled. certain powers that regular municipalities or even other
cities may not have. Despite the differences in the powers
12. MUNICIPALITYA. municipality (Filipino: bayan; accorded to each city, all cities regardless of status are
munisipalidad) is a local government unit in the given special treatment in terms of being given a bigger
Philippines. Municipalities are also called towns (which is share of the internal revenue allotment (IRA) compared to
actually a better translation of "bayan"). They are distinct regular municipalities, as well as being generally more
from cities, which are a different category of local autonomous than regular municipalities.
government unit (LGU).
There are twelve metropolitan areas in the Philippines as
13. They have been granted corporate personality enabling defined by the National Economic and Development
them to enact local policies and laws, enforce them, and Authority (NEDA). Metro Manila is the largest conurbation
govern their jurisdictions. They can enter into contracts or urban agglomeration in the country, and its official
and other transactions through their elected and metropolitan area is composed of the city of Manila plus
appointed officials and can tax. The National Government 15 neighboring cities and a municipality. Other
assists and supervises the local government to make sure metropolitan areas are centered around the cities of
that they do not violate national law. Baguio, Dagupan, Angeles, Olongapo, Batangas, Naga,
Local Governments have their own executive and Cebu, Iloilo, Bacolod, Cagayan de Oro, Davao and
legislative branches and the checks and balances between Zamboanga City.
these two major branches, along with their separation, are
more pronounced than that of the national government.

The Judicial Branch of the Republic of the Philippines also

caters to the needs of local government units. Local
governments, such as a municipalities, do not have their
own judicial branch: their judiciary is the same as that of
the national government.

14. A municipality, upon reaching a certain requirements-

minimum population size, and minimum annual revenue-
may opt to become a city. First, a bill must be passed in
Congress, then signed into law by the President and then
the residents would vote in the succeeding plebiscite to
accept or reject cityhood. One benefit in being a city is that
the city government gets more budget, but taxes are much
higher than in municipalities.

As of September 30, 2009 there are 1,514 municipalities.

SEC. 440. Role of the Municipality.-The municipality,
consisting of a group of barangays, serves primarily as a
general purpose government for the coordination and
delivery of basic, regular and direct services and effective
governance of the inhabitants within its territorial
jurisdiction.
SUFFRAGE:
The Congress shall also design a procedure for the disabled
• Political franchise, right to vote in public or
and the illiterate to vote without the assistance of other
simply the right to vote.
person. Until then, they shall be allowed to vote under
• Often conceived in terms of elections
existing laws and such rules as the Commission on
for representatives. However, it applies equally
Elections may promulgate to protect the secrecy of the
to referenda and initiatives. It describes not only
ballot.
the legal right to vote, but also the practical
question of whether a question will be put to a
vote. The utility of suffrage is reduced when
important questions are decided unilaterally
without extensive, conscientious, full disclosure
and public review.
• Suffrage is granted to qualifying citizens once
they have reached the voting age. What
constitutes a qualifying citizen depends on the
government's decision. Resident non-citizens can
vote in some countries, which may be restricted
to citizens of closely linked countries or to certain
offices or questions.

FORMS OF SUFFRAGE
Kinds of Suffrage
REFERENDA OR REFERENDUM - a compulsory, binding on
the government. Because the government does not have
to act upon its decision.
PLEBISCITES - is sometimes called an 'advisory referendum'
Plebiscites do not deal with Constitutional questions but
issues on which the government seeks approval to act, or
not act.
INITIATIVE - In political science, an initiative is a means by
which a petition signed by a certain minimum number of
registered voters can force a public vote. The initiative may
take the form of a direct initiative or an indirect initiative.

ARTICLE V
SUFFRAGE

SECTION 1.
Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise
of suffrage.

SECTION 2
The Congress shall provide a system for securing the
secrecy and sunctity of the ballot as well as a system for
absentee voting by qualified Filipino abroad.
ARTICLE IV
CITIZENSHIP

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of

the adoption of this Constitution.

2. Those whose fathers or mothers are citizens of the

Philippines.

3. Those born before January 17, 1973, of Filipino mothers,

who elect Philippine citizenship upon reaching the age of
majority; and

4 Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens

of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.

Section 3. Philippine citizenship may be lost or reacquired

in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall

retain their citizenship, unless by their act or omission,
they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the

national interest and shall be dealt with by law.

Citizenship Rights and Responsibilities

 Freedom to express yourself.

 Freedom to worship as you wish.
 Right to a prompt, fair trial by jury.
 Right to vote in elections for public officials.
 Right to apply for federal employment requiring
U.S. citizenship.
 Right to run for elected office.
 Freedom to pursue “life, liberty, and the pursuit
of happiness.”
 Support and defend the Constitution.
 Stay informed of the issues affecting your
community.
 Participate in the democratic process.
 Respect and obey, state laws.
 Respect the rights, beliefs, and opinions of
others.
 Participate in your local community.
 Pay income and other taxes honestly, and on
time, to state, and local authorities.
 Defend the country if the need should arise.
  Life – is not limited to the literal meaning of life.
It includes the right of individual to its body in its
ARTICLE III completeness, free from dismemberment, and
BILL OF RIGHTS extends to God-given faculties which makes life
 ART. III BILL OF RIGHTS enjoyable.

 may be defined as a declaration and -means not only the right to be alive but also
enumeration of a person’s rights and privileges the right to be secure of one’s limb or any part of
which the Constitution is designed to protect the body from the physical harm.
against violations by the government, or by an  Liberty - the right to exist and right to be free
individual or groups of individuals. from personal restraint or servitude, the right to
 it is a charter of liberties for the individual and a contract, the right to choose one’s employment,
limitation upon the power of the State. the right to labor etc.

- it is the right to act freely and in manner one

chooses
 Inherent powers of the State
 Property - refers to anything that can come
2. Power of Eminent Domain- It is the inherent under the right of ownership and be subject of
right of the state to expropriate private property contract.
for public purpose upon payment of just
compensation. - the right that is protected refers not only to the
possession or the thing itself, but also the right
3. Power of Taxation-It refers to the power of the over the thing.
state to impose burdens on persons, properties,
services and compensation.  Two (2) Aspects of Due Proces

 Classification of Constitutional Rights:  Right to EQUAL PROTECTION OF THE LAWS

1. Political Rights-those right a citizen exercises to  all persons regardless of their circumstances in
participate in the affairs of the government. life, , that is, whether they are rich or poor,
educated or illiterate, shall be treated before the
law.
e.g. Right to suffrage , right of citizenship, etc.
EQUAL PROTECTION OF THE LAW
2. Civil Rights- Those right that a citizen enjoys in
 It means that all persons or things similarly
pursuance of individual happiness and
situated should be treated alike both as to rights
development.
conferred and responsibilities imposed.

 SECTION 2
E.g. Right to property, right to abode and travel
etc.  Rights against unreasonable searches and
seizures- this is based on the constitutional
3. Social and economic rights- rights intended to guarantee of the duty of the state to provide
ensure the well-being and economic security of security to the persons, houses, papers, and
the individual. effects of its people. An unreasonable search
and seizure is one that is conducted illegally or
4. Rights of the accused- intended to protect
without warrant.
persons accused of any crime.
 Rights against unreasonable arrest
 SECTION 1
 Search Warrant is an order in writing, issued in
 No person shall be deprived of life, liberty, or
the name of the People of the Philippines, signed
property without due process of law, nor shall
by a judge and directed to a peace officer,
any person be denied the equal protection of the
commanding him to search for certain personal
laws.
property and bring it before the court.
 Warrant of Arrest is an order in writing, issued in 2. Hot Pursuit Operation;
the name of the People of the Philippines, signed
by a judge and directed to a peace officer, 3. Arrest of Fugitive.
commanding him to arrest a person  Laws protecting PRIVACY
designated,i.e., to take him into custody in order
that he may be bound to answer for the  Republic Act 4200
commission of an offense.
-ANTI-WIRETAPPING ACT
 Essential Requisites of a Valid Search Warrant or
Warrant of Arrest:  Republic Act 9995

(1) It must be issued upon probable cause. -ANTI-PHOTO AND VIDEO VOYEURISM ACT
(Probable cause- there are facts and Rights:
circumstances attending the issuance of warrant
sufficient to induce a prudent and cautious judge a. FREEDOM OF EXPRESSION
to relay on them);
1. Speech
(2) The probable cause must be determined
personally by a judge; 2. Expression

(3) Such judge must examine, under oath or 3. Free Press/Press

affirmation, the complainant and the witness he
b. Right of Petition-for redress of grievances
may produce to determine the existence of
probable cause; c. Right of Assembly-must be peaceful

(3) The warrant must particularly(specific)  SECTION 5

describe the place to be searched, and the
person or things to be seized.  Freedom of religion-the right of religious
worship means that every person is free to
GENERAL WARRANT-a warrant that does not choose the kind of relationship he wants with
specify the thing to be searched of the person god and to worship him in a manner he likes and
sought to be arrested. according to his conscience. The freedom
prohibits its regulation by the State
-it is a prohibited warrant
 No law shall be made respecting an
JOHN/JANE DOE WARRANT
establishment of religion, or prohibiting the free
-not a general warrant because it has descriptio exercise thereof. The free exercise and
personae enjoyment of religious profession and worship,
without discrimination or preference, shall
 When search and seizure may be made without forever be allowed. No religious test shall be
warrant: required for the exercise of civil or political
rights.
1. Warrantless search incidental to a lawful arrest
RIGHTS:
2. Seizure of evidence in plain view.
1. NON-ESTABLISHMENT OF RELIGION
3. Search of a moving vehicle.
-non advancement of a religion, non favoring of
4. Consented warrantless search. religion against other religions
5. Customs search or seizure. 2. FREE-EXERCISE of RELIGION
6. Stop and frisk A. Freedom of conscience and freedom to
7. Exigent and emergency circumstances. adhere to such religious organization or form of
worship as the individual may choose cannot be
 When arrest may be made without warrant: restricted by law. (FREEDOM TO BELIEVE)

1. Flagrante Delicto (Caught in the Act);

 B. It safeguards the free exercise of the chosen  Private property shall not be taken for public use
form of religion. (FREEDOM TO ACT) without just compensation.

 SECTION 6 LIMITATIONS:

Liberty of abode and travel - This means that -when the elements of eminent domain are not
every person has a right to established his home complied with AND when there in NO DUE
in any place. He is also free to change his abode PROCESS OF LAW
or transfer it from one place to another. It
includes the right to travel freely in the  SECTION 10
Philippines and outside therefore to any foreign Right against non-impairment of obligations of
country, subject to the following conditions: contracts

-a contract obliges both parties to perform their

(a) upon lawful order of the court; and agreement according to its terms and conditions.
The constitution prohibits the enactment or
passage of a law that alters or changes the
(b) in the interest of national security, public conditions of contracts without the consent of
safety, or public the parties thereto

health as provided by law.  LIMITATION:

 SECTION 7 • The freedom of contract is necessarily limited by

the exercise of the police power of the State in
9. Right to information - every Filipino has the right the interest of general welfare and especially in
to gather or obtain information from official view of the explicit provisions in the Constitution
records, documents, and papers relating to with reference to the promotion of social
official acts, transactions, or decisions of the justice(e.g. VOID CONTRACT)
government. Records concerning and affecting
the security of the State and other documents  SECTION 12
which by their nature are confidential may not
RIGHTS OF A PERSON UNDER CUSTODIAL
be disclosed to the public
INVESTIGATION
 Limitations on the right
Miranda Rights - provides that before a person
1. National security matters. under a custodial investigation is questioned, he
must be informed of the following:
2. Trade secrets and banking transactions.
a) Right to be informed of his right to remain silent;
3. Criminal matters.
b) Right to have independent and competent
4. Other confidential matters. counsel;
 SECTION 8 c) Right against torture, force, violence, threat,
intimidation, or any other means which vitiate
 The right of the people, including those
the free will;
employed in the public and private sectors, to
form unions, associations, or societies for d) Right against being held in secret,
purposes not contrary to law shall not be incommunicado,
abridged.
or solitary forms of solitary confinement; and
Limitation on the right
e) The right to be informed of these rights.
 The right to form associations or societies may
be abridged or interfered with by the State in the Waiver of rights to remain silence and counsel
exercise of its Police Power. This is the meaning
of the phrase “for purpose not contrary to law”. 1. In writing; and

 SECTION 9 2. In the presence of counsel.

 SECTION 13-RIGHT TO BAIL time and place and to show sufficient cause for
holding in custody the individual so detained.
Bail - is the security required by a court and
given for the provisional or temporary release of  SECTION 14
a person who is in the custody of the law
conditioned upon his appearance before any RIGHTS OF ACCUSED DURING TRIAL
court as required under the conditions specified. a. Right to due process of law - simply stated,
 The purpose of requiring bail is to relieve an due process of law means fair trial, that is, a
accused from imprisonment until his conviction person court changed with a criminal offense
and yet secure his appearance at the trial. The before a court is given the opportunity to defend
right to bail is granted because in all criminal himself in court and that before a judgment is
prosecutions, the accused is presumed innocent. issued or rendered, there is trial;

 Excessive Bail – is prohibited because that is the b. Right to presumption of innocence – in all
same as denying the right to post bail. criminal prosecutions, the accused is always
presumed innocent;
 Forms of Bail:
c. Right to be informed of the nature cause of
◦ Cash Bond-Cash deposit accusation against him – every person accused
of an offense has the right to know the nature
◦ Property Bond and the cause accusation against him and why
◦ Surety Bond the crime is imputed to him;

*ON RECOGNIZANCE-custody of a prominent d. Right to have a:

person Speedy trial–means one could be done
Who may not invoke the right to immediately without capricious delays and
bail(LIMITATION) according to established rules and procedures;

1. One who is not yet in the custody of the law Impartial trial-it is conducted by the court
without bias for or against the litigants and that
2. One charge with capital offense or an offense the case is decided solely on its merits; and
punishable by reclusion perpetua
Public trial-meaning, it is open to the public;
3. Under the Rules of Court, “no bail shall be
allowed after the judgment has become final, or EXCEPT: cases offensive to public morals or
after the accused has commenced to serve decency
sentence.” e. Right to meet the witnesses face-to-face – the
Non-Bailable Crimes accused has the right to confront or meet the
witnesses face to face to (1) allow the accused to
1. Kidnapping; cross-examine, through his counsel, the
witnesses against him or in order to test and
2. Murder; probe into the veracity or truth of their
3. Rape; testimonies, affidavits and evidence; and (2) to
afford the judge the opportunity to see for
4. Drug-Pushing; himself how the witnesses behave while
testifying and being cross-examined;
5. Carnapping;
f. Right to compulsory process – every person
6. Or Crimes Under the Heinous Crime Law, Plunder with a crime has a right to have compulsory
Law and Dangerous Drugs Law. process to secure the appearance or attendance
of witnesses and the production of his evidence;
 Writ of Habeas Corpus – is an order issued by a
court of competent jurisdiction, directed to the GENERAL RULE: Accused has the right to be
person detaining another, commanding him to present always during trial
produce the body of the prisoner at a designated
 EXCEPT: Trial in absence of the accused- “TRIAL b. Right against cruel, degrading/inhuman
IN ABSENTIA” punishment

Conditions cruel punishment-this means that torture,

mutilation or severance or cutting off of body
a) He has been arraigned; parts, etc. or severe pain punishment
b) He has been duly notified of the trial degrading punishment-it demeans the person of
c) His failure to appear is unjustifiable the convict/ putting one to public humiliation;

 SECTION 15  SECTION 20

 The privilege of the writ of habeas corpus shall  No person shall be imprisoned for debt or non-
not be suspended except in cases of invasion or payment of a poll tax.
rebellion, when the public safety requires it. RIGHT AGAINST IMPRISONMENT FOR NON-
 Writ of Habeas Corpus – is an order issued by a PAYMENT OF POLL TAX and DEBT
court of competent jurisdiction, directed to the a. POLL TAX-cedula/community tax certificate-for
person detaining another, commanding him to residence tax
produce the body of the prisoner at a designated
time and place and to show sufficient cause for b. DEBT:
holding in custody the individual so detained.
-simple
 SECTION 16
-fraudulent(punishable)-limitation to the right
 All persons shall have the right to a speedy
disposition of their cases before all judicial,  SECTION 21
quasi-judicial, or administrative bodies. Right against double jeopardy – putting a person
-This speaks of SPEEDY DISPOSITION (right to twice in jeopardy of punishment for the same
have one’s case be resolved as fast as possible) offense constitutes double jeopardy. The
guarantee provides protection to a person
 SECTION 17 against the chance of being punished or tried
twice for one and the same offense.
 No person shall be compelled to be a witness
against himself.  SECTION 22

Right against self-incrimination – the accused  No ex post facto law or bill of attainder shall be
cannot be compelled to testify against himself; enacted.

 SECTION 18 a. EX-POST FACTO LAW

a. Right against detention for political beliefs – -law that punishes an act during the time of
the constitution abhors the detention of any which it was committed was not yet a crime; it is
person by reason of his political beliefs or prohibited
aspirations;
EXCEPT: if favorable to the accused
b. Right against involuntary servitude – in
person can be forced to render compulsory b. BILL OF ATTAINDER
service to another; -convicting an accused without the benefit of
(e.g prohibition on slavery) trial

 SECTION 19

a. Right to excessive fines – the constitutional

guarantee against excessive fines ordains that
the fine imposed on convict must be the one
provided in the law;