Professional Documents
Culture Documents
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INVOLUNTARY SERVITUDE
o Article 3, Section 18 (2)
o It denotes a condition of enforced, compulsory service of one to another. It has
been applied to any service or labor which is not free, no matter under what form
such service may have been rendered. It includes:
Slavery or the state of subjection of one person to the will of another.
Peonage or the voluntary submission of a person (peon) to the will of
another because of his debt.
o CASE:
Caunca v. Salazar
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CASES:
Tanyon Strait Case
Arigo v. Swift
Paje v. Casino
Case regarding the leaking oil pipes from Batangas to Manila
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CASES:
Garcia v. Executive Secretary
Guerrero v. Court of Appeals
Conde v. Rivera
RIGHTS OF SUSPECTS
o Article 3, Section 12
o Miranda Rights, more protection is accorded to the suspect who otherwise could
easily be pressured, by physical force or other forms of compulsion and thus
unable to seek the advice and moral support of counsel, into making damaging
confessions.
o By virtue of the Miranda Rights a person under custodial investigation must be
warned that:
He has a right to remain silent;
That any statement he makes may be used as evidence against him; and
That he has a right to the presence of an attorney, either retained or
appointed.
o
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CUSTODIAL INVESTIGATION
RA 7438, Section 2
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SHOW UP A person is
brought face to face with a
witness for identification.
POLICE LINE-UP A suspect is
identified by a witness from a
group of person gathered for
that purpose.
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(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to the rehabilitation of victims of torture
or similar practices, and their families.
o
Requisites:
(1) Accused is heard by a court of competent jurisdiction;
(2) Accused is proceeded against under the orderly process of law;
(3) Accused is given notice and opportunity to be heard;
(4) Judgment rendered is within the authority of a constitutional law.
NOTE: Right to preliminary right is not included because it is a statutory
right.
SELF-INCRIMINATION
Article 3, Section 17
No person shall be compelled to be a witness against himself.
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SCOPE
The right against self-incrimination applies in criminal cases as well
as in civil, administrative and legal proceedings where the facts
asked for is a criminal one. It protects one whether he is a party or
a witness.
BASIS
Public Policy
Humanity
Right to silence
WHEN AVAILABLE
Such is available only when there is compulsory testimonial selfincrimination, where one extricates from defendants own lips,
against his will, an admission of his guilt.
Such compulsory testimonial self-incrimination is inclusive of the
production by the accused of documents, chattels, or other
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WAIVER
What may be validly waived?
The right to remain silent and the right to counsel.
What cannot be waived?
The reading of the Miranda warning.
What are the requisites of a valid waiver?
It must be (1) in writing and done (2) in the presence of counsel.
BAIL
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Article 3, Section 13
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PRESUMPTION OF INNOCENCE
The requirement of proof beyond reasonable doubt is necessary corollary
of the constitutional right to be presumed innocent.
It is a rule that the accused cannot be made to present evidence before
the prosecution even if the accused pleads guilty. Such would be a
violation of the presumption of innocence.
EQUIPOISE RULE
o This is where the evidence adduced by the parties is evenly
balanced; the constitutional presumption of innocence
should tilt the balance in favor of the accused.
In order that circumstantial evidence may warrant conviction, the
following requisites must concur:
That there is more than one circumstance
That the facts from which the inferences are derived are proven
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CASE:
People v. Ramirez (1976)
RIGHT TO BE HEARD
Article 3, Section 12
It means the accused is amply accorded legal assistance extended by a
counsel who commits himself to the cause of the defense and acts
accordingly. It is an efficient and truly decisive legal assistance, and not
simply a perfunctory representation (People v. Bermas, 1999).
Even if the guilt of the defendant is very apparent, a hearing is still
indispensable. He cannot be punished by a doubtful assumption (Reyes v.
Subido, 1965)
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TRIAL
TRIAL IN ABSENTIA
The constitutional right of the accused to be personally present
and to be heard in his defense by himself may be waived by him.
Thus, trial may proceed notwithstanding the absence of the
accused provided that three (3) conditions concur:
He has been arraigned;
Arraignment is made in open court by the
judge or clerk, and consists in furnishing the
accused a copy of the complaint or
information with the list of witnesses, reading
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RIGHT OF CONFRONTATION
This is the basis of the right of cross-examination.
Two-fold purpose:
To afford the accused an opportunity to test the testimony of
witnesses by cross-examination.
To allow the judge to observe the deportment of witnesses. (Go, et
al. v. People of the Philippines and Highdone Company, Ltd., et al.
(2012))
Inadmissibility for lack of right to confrontation:
Testimony of a witness who has not submitted himself to crossexamination.
Affidavits of witnesses who are not presented during the trial,
hence not subjected to cross-examination. (Cariago v. CA)
COMPULSORY PROCESS
Right to secure attendance
Right to production of other evidence
Subpeona is a process directed to a person requiring him to attend and to
testify at the hearing or trial of an action or at any investigation conducted
under the laws of the Philippines, or for the taking of his deposition (Caamic v.
Galapon)
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DOUBLE JEOPARDY
Article 3, Section 21
No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
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REQUISITES
He has been previously brought to trial;
In a court of competent jurisdiction (i.e., court having jurisdiction);
Under a valid complaint or information (i.e., sufficient in form and
substance to sustain a conviction);
He has been arraigned (See Sec. 14 [2]) and pleaded (either guilty
or not guilty) to the charge;
He has been convicted or acquitted or the case against him has
been dismissed or otherwise terminated without his express
consent; and
He is being charged again for the same offense.
o RULE IN CASE OF MISTRIAL The right cannot be invoked
where a petition for a declaration of a mistrial is granted on
the ground that the proceedings have been vitiated by
lack of due process thereby a re-trial becomes necessary.
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NATURATIZATION
It is an act of formally adopting a foreigner into the political body of the
state and clothing him with the rights and privileges of citizenship.
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SPECIAL QUALIFICATIONS [C.A. 473, Sec. 2]: ANY will result to the
reduction of 10-year period to 5 years.
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EFFECTS
o Naturalization shall confer upon the petitioner all the rights
of a Philippine citizen except only those reserved by the
Constitution to natural-born citizens of the Philippines. It
shall also vest Philippine citizenship upon his wife if she
might herself be lawfully naturalized including also his minor
children.
REVOCATION
o Denaturalization process by which grant of citizenship is
revoked.
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GROUNDS:
(1) Naturalization certificate was fraudulently or
illegally obtained [See Po Soon Tek v. Republic
(1974)]
(2) If, within the five years next following the
issuance, he shall return to his native country or
to some foreign country and establish his
permanent residence there remaining for more
than one year in his native country or the
country of his former nationality, or two years in
any other foreign country, shall be considered
as prima facie evidence of his intention of
taking up his permanent residence in the
same;
(3) Petition was made on an invalid declaration of
intention;
(4) Minor children of the person naturalized failed to
graduate from the schools mentioned in sec. 2,
through the fault of their parents, either by
neglecting to support them or by transferring
them to another school or schools.
(5) If he has allowed himself to be used as a dummy
in violation of the Constitutional or legal
provision requiring Philippine citizenship as a
requisite for the exercise, use or enjoyment of a
right, franchise or privilege.
MIXED MARRIAGES
The old rule is that when a Filipina marries an alien then she automatically
acquires her husbands nationality. BUT this rule has been reversed by
Article 4, Section 4 which states that:
Citizens of the Philippines who marry aliens shall retain their Philippine
citizenship, unless by their act or omission they are deemed, under the
law, to have renounced it.
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file a judicial action for this purpose. She is no longer required to prove
that she possesses all the qualifications to be notified.
DUAL CITIZENSHIP
Refers to the possession of two citizenships by an individual, that of his
original citizenship and that of the country where he became a
naturalized citizen.
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Enjoyment of the status of dual citizen will depend on the willingness of the
foreign country to share the allegiance of the naturalized Filipino with the
Philippines.
CASES:
Calilung v. Datumanong (2007)
Valles v. COMELEC (2000)
RIGHT OF SUFFRAGE IN ACCORDANCE TO RA 9225
Read the provisions of RA No. 9189 Overseas Absentee Voting Act
of 2003
CASES:
o Nicolas-Lewis v. COMELEC (2006)
o Japzon v. COMELEC (2009)
o Macalintal v. COMELEC (2003)
NATURAL-BORN CITIZENS
Article 4, Section 2
(1) Citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship; and
(2) Those that elect Philippine citizenship in accordance with [Art.
IV, Sec. 1(3)]
Natural-born citizens is defined to include those who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship (Tecson v. COMELEC, 2004).
DUAL ALLEGIANCE
Refers to the continued allegiance of naturalized nationals to their mother
country even after they have acquired Philippine citizenship.
It is declare inimical to national interest and Congress requires that it be
dealt with by law.
CASE:
Mercado v. Manzano (1989)
ADDITIONAL THINGS/TOPICS/QUESTIONS:
What is the distinction between speedy trial and speedy disposition of cases?
A Filipina sells a land (Lot A) to Lydia (a third person) that was acquired (considered as
conjugal property) when she and her German husband were still married (now
separated). The sale was made without the consent of the German husband. Is the sale
valid? Does the German husband have any rights to the proceeds of the sale?
Read the case of Terry v. Ohio (From Prelims period)
Eminent domain
o What does taking mean?
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