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BILL OF RIGHTSSection 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.Significance The Bill of Rights is a guarantee that there are certain areas of a person’s life, liberty and property which gov...

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Under the custody of the law 1. When the person is arrested 2. When he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities Duties of the trial judge in case an application of bail is filed 1. Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation 2. Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound discretion 3. Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution 4. If the guilt of the accused is not strong, discharge the accused upon the approval f the bail bond Meaning of “strong evidence of guilt for purposes of denying bail” a. Proof evident or Evident proof—clear, strong evidence which leads a well-guarded dispassionate judgment to the conclusion that the offense has been committed as charged, that accused is the guilty agent, and that he will probably be punished capitally if the law is administered. b. Presumption great exists when the circumstances testified to are such that the inference of guilt naturally to be drawn therefrom is strong, clear, and convincing to an unbiased judgment and excludes all reasonable probability of any other conclusion Life imprisonment v. Reclusion perpetua Life imprisonment a. Imposed for serious offenses penalized by special laws b. Does not carry accessory penalty c. Does not have any definite extent or duration Reclusion perpetua a. Prescribed under the RPC b. Carries accessory penalty c. Incarceration for at least 30 years after which the convict becomes eligible for pardon Implicit limitations on the right to bail 1. The person claiming the right must be under actual detention 2. The constitutional right is available only in criminal cases, not, e.g., in deportation proceedings Factors to be considered in determining the amount of bail 1. Ability of the accused to give bail 2. Nature of the offense 3. Penalty for the offense charged 4. Character and reputation of the accused 5. Health of the accused 6. Character and strength of the evidence 7. Probability of the accused appearing in trial 8. Forfeiture of other bonds 9. Whether the accused was fugitive from justice when arrested 10. If the accused is under bond for appearance at trial in other cases Cases/Doctrines Right to bail is not available to soldiers under court martial because they are allowed the fiduciary right to bear arms and can therefore cause great havoc. Comendador v. de Villa Extradition is not a criminal proceeding. Hence, a respondent in an extradition proceeding is not entitled to bail. US v. Judge Puruganan Bail cannot be excessive for if so, it can amount to a denial of bail. De la Camara v. Enage A person may be prevented from leaving the country as a necessary consequence of the admission of bail. A bail bond is intended to make a person available any time he is needed by the court. Manotoc v. CA Roan Salanga I-A

Consti II

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Section 14: No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Due process in criminal cases The procedure established by law must be followed Satisfaction of the due process requirement in criminal cases Accused is informed as to why he is proceeded against and what charge he has to meet, with his conviction being made to rest on evidence that is not tainted with falsity after full opportunity for him for rebutting it and the sentence being imposed in accordance with law, where it is assumed that the court that rendered the decision is one of competent jurisdiction. Nunez v. Sandiganbayan Cases/Doctrines under due process A judge who replaces another judge may validly render a decision although he has only partly heard the testimony of witnesses. People v Narajos Since administrative agencies are not bound to follow the rules of criminal procedure, they may not impose criminal penalties. Socty’s Department Store v. Micaller To warrant a finding of prejudicial publicity, there must be allegation and proof that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity. Webb v. de leon Generally, the SC has no supervisory authority over military courts. However, the SC may review decisions of the Court of Military Appeals. Buscayno & Sison v. Military Commission A military commission or tribunal cannot try and exercise jurisdiction, even during the period of martial law, over civilians for offenses allegedly committed by them as long as the civil courts are open and functioning. Olaguer v. Military Commission Presumption of innocence Its principal effect is that no person shall be convicted unless the prosecution has proved him guilty beyond reasonable doubt. The burden of proof to establish the guilt of the accused is with the prosecution. US v. Luling Cases/Doctrines under presumption of innocence Sec. 4 of BP 52, which states that “filing of charges for the commission of such crimes before a civil court or military tribunal after preliminary investigation shall be prima facie evidence of such fact,” is violative of the guarantee of presumption of innocence. Dumlao v. Comelec Preventive suspension pendent lite does not violate the right to be presumed innocent because it is not a penalty. Gonzaga v. Sandiganbayan There is no constitutional objection to a law providing that the presumption of innocence may be overcome by a contrary presumption founded upon the experience of human conduct, and enacting what evidence shall be sufficient to overcome such presumption of innocence, such as prima facie evidences. People v. Mingoa Elements of the right to be heard 1. The right to be present at the trial 2. The right to counsel 3. The right to an impartial judge 4. The right of confrontation 5. The right to compulsory process to secure the attendance of witnesses Roan Salanga I-A

Consti II

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Scope of the right to be present at the trial It covers only the period from arraignment to promulgation of sentence, however, it has been modified by Section 14(2) that “after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.” Conditions for waiver of the right to be present at the trial 1. After arraignment, he may be compelled to appear for the purpose of identification by the witnesses of the prosecution 2. Provided he unqualifiedly admits in open court after his arraignment that he is the person named as the defendant in the case on trial Requisites of a valid trial in absentia 1. The accused has already been arraigned 2. He has been duly notified of the trial; and 3. His failure to appear is unjustifiable Reason for allowing trial in absentia To speed up the disposition of criminal cases Reason for the right to counsel of the accused To protect himself when brought before a tribunal with power to take his life or liberty, wherein the prosecution is represented by an experienced and learned counsel. Johnson v. Zerbst Duties of the trial judge at the pre-arraignment 1. Inform the accused that he has a right to a counsel before arraignment 2. Ask the accused if he desires the aid of counsel 3. If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed 4. If the accused desires to obtain his own counsel, the court must give him a reasonable time to get one Cases/Doctrines under the right to counsel The duty of the court to appoint a counsel de oficio for the accused who has no counsel of choice and desires to employ the services of one is mandatory only at the time of arraignment. No such duty exists where the accused has proceeded to arraignment and then trial with a counsel of his own choice. Libuit v. People When the accused discovered, after conviction, that his lawyer was not a member of the bar, he was granted a new trial for he has a right to a qualified counsel. Delgado v. CA There is no denial of the right to counsel where a counsel de oficio was appointed during the absence of the accused’s counsel de parte, pursuant to the court’s desire to finish the case early as practicable under the continuous trial system. People v. Larranaga A person may not be denied the right to confer with counsel even in times of emergency. Diokno v. Enrile Purpose of the Right to be informed 1. To enable the accused to make his defense based on the description of the charge against him 2. To avail himself of his conviction or acquittal for protection against a further prosecution for the same cause 3. To inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had Scope of the right to be informed The complaint must contain a specific allegation of every fact and circumstance necessary to constitute the crime charged. Hence, facts must be stated and not conclusions of law to satisfy this right. A criminal information, to satisfy the right of the accused to be informed, must contain 1. The name of the accused 2. The designation given to the offense by the statute 3. A statement of the acts or omission so complained of as constituting the offense 4. The name of the offended party 5. The approximate time and fate of the commission of the offense—hence, the precise time is not essential 6. The place where the offense had been committed Roan Salanga I-A

Consti II

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Factors to consider if the right to speedy trial has been violated 1. Length of the delay 2. Reason of the delay 3. Effort of the defendant to assert his right 4. Prejudice caused to the defendant When does the delay start? One begins to count the delay of the trial only after the filing of the information. Moreover, the delay contemplated here is unreasonable delay. Martin v. General Fabian Remedy for violation of the right to speedy trial The accused is entitled to dismissal of the case through mandamus, and, if he is under detention, to release by habeas corpus. Dismissal here is equivalent to an acquittal and is a bar to another prosecution for the same offense. Right to a public trial A trial is public when attendance is open to all, irrespective of relationship to defendants. Exception to a right to a public trial When the evidence to be presented is characterized as “offensive to decency or public morals,” the proceeding may be limited to friends, relatives and counsel. Purpose of the right to a public trial To serve as a safeguard against any attempt to employ our courts as instruments for persecution. Garcia v. Domingo Where the arraignment and hearing were not held in court, the right to a public trial is violated when 1. The public was excluded 2. The accused was prejudiced 3. The accused objected during the trial Purpose of the right of confrontation or the right to meet witness face to face 1. To afford the accused an opportunity to test the testimony of the witness by cross examination 2. To allow the judge to observe the deportation or demeanor of the witness Exceptions to the right of confrontation 1. Admissibility of “dying declarations” 2. Trial in absentia Cases/Doctrines under the right of confrontation Affidavit executed by a witness may not be admitted in evidence if the witness is not produced in court. People v. Ramos Extra-judicial statements of an accused implicating another cannot be used against the latter. People v. de la Cruz Under Sec. 5 of Rule 112, an accused is not entitled as a matter of right to be present during the preliminary examination nor to cross-examine the witnesses presented against him before his arrest, the purpose of said examination being merely to determine whether or not there is sufficient reason to issue a warrant of arrest. Marinas v. Siochi Compulsory process An additional requirement to the one laid down in the 1935 version is the right to have compulsory process, not only to secure the attendance of witnesses in his behalf, but also, to secure the production of evidence in his behalf. Presumption in the matter of waiver of a constitutional right The presumption is always against the waiver. The prosecution must prove with strongly convincing evidence to the satisfaction of this Court that indeed that accused willingly and voluntarily submitted his confession and knowingly and deliberately manifested.

Roan Salanga I-A

Consti II

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Section 15: The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Definition of writ of habeas corpus A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf Prime requisite for its availability Actual deprivation of personal liberty, however, liberty may be lost not by physical compulsion alone. Freedom may be lost due to external moral compulsion, to founded or groundless fear, to erroneous belief in the existence of an imaginary power of an imposter to cause harm if not blindly obeyed, to any other psychological element that may curtail the mental faculty of choice or the unhampered exercise of the will What is the “privilege of the writ of habeas corpus”? It is the right to have an immediate determination of the legality of the deprivation of physical liberty. Who suspends the privilege? The President When may the privilege be suspended? 1. Existence of actual invasion or rebellion; and 2. Public safety requires the suspension 3 faces of the political question doctrines: (combination of all three) 1. Textual approach—asks the question: “What does the letter of the constitution say?”  When the law grants discretionary authority to a person to be exercised upon his opinion of certain facts, he alone is the judge of the existence of those facts 2. Functional approach—asks the question: “Are we capable of resolving the problem posed?”  The executive and legislative departments have the machinery for verifying the existence of those facts whereas the courts do not 3. Prudential or political approach—asks the question: “Aare there overriding consideration which prevent the Court from entering the thicket?”  Interference by the courts in the decision can result in tying the hands of those charged with maintaining order Section 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Right to speedy disposition of cases v. Right to speedy trial Right to speedy disposition of cases covers all phases (before, during and after) of any judicial, quasi-judicial or administrative proceedings, while the Right to speedy trial covers only the trial phase of criminal cases. Factors to be considered to know if the right has been violated 1. The length of delay 2. Reason for the delay 3. Assertion of the right or failure to assert it 4. Prejudice caused by the delay Remedy for the violation of this right Dismissal through mandamus Section 17: No person shall be compelled to be a witness against himself. Purpose of the guarantee against self-incrimination It was established on the grounds of a. Public policy—because if the party were required to testify, it would place the witness under the strongest temptation to commit the crime of perjury; and b. Humanity—because it would prevent the extorting of confessions by duress. Roan Salanga I-A

Consti II

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Persons who are protected by this right Only natural persons When is a question incriminating? Usually, a crime or a criminal act may contain two or more elements and that a question would have a tendency to incriminate, even if it tends to elicit only one of said elements. The Right 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 a crime by a witness. CJ Marshall What is covered by the right against self-incrimination clause? The use of physical or moral compulsion to extort communication from the witness, not an inclusion of his body in evidence, when it may be material. US v. Tan Teng Kinds of proceedings where the right may be asserted In any judicial or administrative proceeding or in any official government enquiry Time of availability of the right In criminal case, from the moment he is asked to testify, ie, an accused has an absolute right to be silent in all stages of the proceedings, while, a person who is a witness but not an accused may assert the right only when the incriminating question is asked Availability of the right in administrative and civil proceedings If the nature of the penalty that may be imposed partakes the nature similar as that in criminal proceedings, hence, penal in nature Cases/Doctrines Writing is something more than moving the body, or the hand, or the fingers; writing is not a purely mechanical act, because it requires the application of the intelligence and attention, and is thus covered by the right against selfincrimination. Beltran v. Samson A corporate officer may not prevent the production of corporate papers on the ground that they may incriminate him personally. Production of such papers would not be self-incrimination but incrimination by the corporation. Hale v. Henkel A person may not be compelled to produce private books and papers to be used against him. Compulsory production of private books and papers of the owner is compelling him to be a witness against himself. Boyd v. US The privilege which exists as to private papers, cannot be maintained in relation to records required by law to be kept in order that there may be suitable information of transaction which are the appropriate subjects of governmental regulation and the enforcement of restrictions validly established. Shapiro v. US Section 18: No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Freedom of political belief A provision from the French Constitution which says: “No man is to be interfered with because of his opinions, provided his avowal of them does not disturb public order or established law.” Definition of Involuntary Servitude Every condition of enforced, compulsory service of one to another no matter under what form such servitude may be disguised Exceptions to the rule against involuntary servitude 1. Imposed as a punishment for a crime whereof the party shall have been duly convicted 2. In the interest of national defense, all citizens may be compelled by law to render personal military or civil service 3. A return-to-work order

Roan Salanga I-A

Consti II

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Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. The employment of physical, psychological, or degrading punishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. When is a...