MKP-Lecture-on-Constitutional-Law-II-Comm.-Alex-Dumpa.pptx

Fundamentals of constitutional law Il

1. The fundamentals of CONSTUTIONAL LAW Ii ATTY. ALEXANDER D. DUMPA Commissioner III, Legal Education Board

2. THE FUNDAMENTAL POWERS OF THE STATE BILL OF RIGHTS

3. THE FUNDAMENTAL POWERS OF THE STATE

4. CAN the government PASS A LAW even if such power is not provided in the constitution?

5. CAN the government TAKE AWAY YOUR PRIVATE PROPERTY even if such power is not provided in the constitution?

6. CAN the government COLLECT TAXES EVEN if such power is not provided in the constitution?

7. The inherent POWERS OF THE STATE (PET) Police Power Power of Eminent Domain Power of Taxation

8. POLICE POWER Police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property.

9. LIMITATIONS OF POLICE POWER: LAWFUL SUBJECT – The interests of the public generally , as distinguished from that of a particular class, requires its exercise. LAWFUL MEANS – The means employed are reasonably necessary for the accomplishment of the purpose while not being unduly oppressive upon individuals.

10. POWER OF EMINENT DOMAIN The inherent power of the State to take, or to authorize the taking of private property for a public use without the owner's consent, conditioned upon payment of just compensation .

11. REQUISITES OF POWER OF EMINENT DOMAIN: The property taken must be a private property; There must be genuine necessity to take the private property; The taking must be for public use; There must be payment of just compensation;

12. Additional REQUISITES OF POWER OF EMINENT DOMAIN if exercised by the l.g.u. : Ordinance is enacted by the Sanggunian authorizing the local chief executive, in behalf of the local government unit, to exercise the power of eminent domain. a valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted.

13. The government BUILT ELECTRIC PIPES BELOW YOUR LAND. IS THIS CONSIDERED A COMPENSABLE TAKING?

14. INVERSE CONDEMNATION PROCEEDINGS Inverse condemnation has the objective to recover the value of property taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency. [NPC VS.SANKAY]

15. The government cut down your old tree WHICH IS ABOUT TO COLLAPSE for the purpose of ensuring the safety of travelers. IS This ACT OF THE GOVERNMENT AN EXERCISE OF POLICE POWER OR OF EMINENT DOMAIN? Can you demand payment of just compensation?

16. POWER OF TAXATION POLICE POWER v. POWER OF TAXATION : The PURPOSE of an imposition will determine the power exercised.

17. BILL OF RIGHTS

18. Your classmate took a picture of you against your will, can you invoke the bill of rights against her?

19. CONCEPT OF BILL OF RIGHTS The Bill of Rights governs THE RELATIONSHIP OF A PERSON TO THE STATE. (People v Marti, 1991)

20. CRUZ v. PEOPLE, 2016 “While the Bill of Rights under Article III of the 1987 Constitution generally cannot be invoked against the acts of private individuals, the same may nevertheless be applicable if such individuals ACT UNDER THE COLOR OF A STATE-RELATED FUNCTION .”

21. DUE PROCESS OF LAW, AND EQUAL PROTECTION OF LAWS

22. SECTION 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.

23. DUE PROCESS OF LAW

24. POINTS OF DISCUSSION: Two aspects of due process: Substantive due process Six requisites Procedural due process Exceptions to notice and hearing

25. 1. two ASPECTS OF DUE PROCESS Substantive Due Process Substantive due process refers to the intrinsic validity of a law that interferes with the person’s life, liberty, or property. Violation of this makes the LAW unconstitutional.

26. REQUISITES OF SUBSTANTIVE DUE PROCESS: ( produc ) It must not contravene the Constitution or any statute ; it must be fair, not oppressive ; it must not be partial or discriminatory ; it must not prohibit but may regulate trade ; it must be general and consistent with public policy ; and it must not be unreasonable

27. 1. two ASPECTS OF DUE PROCESS Procedural Due Process Procedural due process refers to the regular methods of procedure to be observed before one‘s life, liberty, or property can be taken away. Violation of this makes the proceeding invalid.

28. EQUAL PROTECTION OF LAWS

29. POINTS OF DISCUSSION: Concept Four requisites for valid classification

30. [ZOMER DEV’T COMPANY, INC., VS. CA, 2020 “Equal protection "does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced."

31. FOUR REQUISITES FOR VALID CLASSIFICATION: (SEGE) Substantial distinction which makes for real differences Germane to the purpose of law Not limited to Existing conditions Applies Equally to all members of the same class.

32. FOUR REQUISITES FOR VALID CLASSIFICATION: (SEGE) Substantial distinction which makes for real differences

33. FOUR REQUISITES FOR VALID CLASSIFICATION: (SEGE) Germane to the purpose of law

34. FOUR REQUISITES FOR VALID CLASSIFICATION: (SEGE) Not limited to Existing conditions

35. FOUR REQUISITES FOR VALID CLASSIFICATION: (SEGE) Applies Equally to all members of the same class.

36. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES

37. SECTION 2 The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

38. Requisites of a valid warrant Search warrant (RULE 126, SEC. 4, ROC) Warrant of Arrest Warrantless arrests and detention (3) In flagrante delicto Hot Pursuit Escapees Warrantless searches (7) Incidental to a lawful arrest Seizure of evidence in plain view (Search of a moving vehicle Consented warrantless search Customs/airport search Stop and frisk Exclusionary Rule POINTS OF DISCUSSION:

39. REQUISITES OF A VALID SEARCH WARRANT: Probable cause is present; The probable cause must be determined personally by the judge; The judge must examine, in writing and under oath or affirmation, the complainant and the witnesses he or she may produce; The applicant and the witnesses testify on the facts personally known to them; and The warrant specifically describes the place to be searched and the things to be seized.

40. REQUISITES OF A VALID SEARCH WARRANT: Probable cause is present;

41. REQUISITES OF A VALID SEARCH WARRANT: The probable cause must be determined personally by the judge;

42. REQUISITES OF A VALID SEARCH WARRANT: The judge must examine, in writing and under oath or affirmation, the complainant and the witnesses he or she may produce;

43. REQUISITES OF A VALID SEARCH WARRANT: The applicant and the witnesses testify on the facts personally known to them; and

44. REQUISITES OF A VALID SEARCH WARRANT: The warrant specifically describes the place to be searched and the things to be seized.

45. Bache and Co. (Phil.), Inc. v. Judge Ruiz “One of the TESTS to determine the particularity in the description of objects to be seized under a search warrant is when the things described are limited to those which bear DIRECT RELATION TO THE OFFENSE FOR WHICH THE WARRANT IS BEING ISSUED.”

46. ZAFE V. PEOPLE, 2021 “While the search warrant refers to petitioner's "residence located at Barangay Sta. Cruz, San Andres, Catanduanes , which is being used as a den," the actual implementation of the warrant confused the implementing officers as to the scope of the premises to be searched.”

47. PEOPLE v. PASTRANA, 2018 “Under the Rules of Court, the following PERSONAL PROPERTY may be the subject of a search warrant: ( i ) the subject of the offense; (ii) fruits of the offense; or (iii) those used or intended to be used as the means of committing an offense.”

48. ADDITIONAL REQUISITE OF A VALID SEARCH WARRANT UNDER THE RULES OF COURT: The search warrant must be issued for one specific offense

49. COLUMBIA V. PEOPLE “A search warrant which covers several counts of a certain specific offense does not violate the one-specific-offense rule.”

50. REQUISITE OF A VALID WARRANT of arrest: Probable cause is present; The probable cause must be determined personally by the judge; The judge must examine, in writing and under oath or affirmation, the complainant and the witnesses he or she may produce; The applicant and the witnesses testify on the facts personally known to them; and The warrant specifically describes the person to be seized.

51. CAN A WARRENT OF ARREST BE ISSUED AGAINST A PERSON WHOSE TRUE NAME OR IDENTITY IS UNKNOWN?

52. JOHN DOE WARRANTS “A warrant for the apprehension of a person whose true name is unknown, by the name of "John Doe,” "Richard Roe,” or “Jane Doe” whose other or true name in unknown," is void, WITHOUT other and further descriptions of the person to be apprehended.”

53. CAN THE GOVERNMENT ARREST A PERSON WITHOUT A WARRANT OF ARREST? >

54. WARRANTLESS ARRESTS AND DETENTION (Rule 113, SEC. 5 of the Rules of Criminal Procedure ) In Flagrante Delicto Arrest Hot Pursuit Arrest of an Escapee

55. IN FLAGRANTE DELICTO ARREST the person to be arrested must execute an overt act indicating that he [or she] has just committed, is actually committing, or is attempting to commit a crime; and such overt act is done in the presence or within the view of the arresting officer.

56. PEOPLE V. RANGAIG, 2021 “PO2 Cruz stated that he was standing 10 meters away when he saw accused-appellants sitting by a table with clear plastic sachets on top of it and other items, like foil and a tooter. Nowhere in his testimony was it stated that any of the accused-appellants did an overt act showing their use of the illegal dangerous drugs or paraphernalia on the table. Moreover, it is hard to imagine that PO2 Cruz was able to identify items like clear sachets with miniscule amounts of white powder while peering from a slightly opened door ten meters away."

57. HOT PURSUIT An offense has just been committed ; that the arresting officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.

58. INFORMANT’S TIP/ANONYMOUS TIP “Notably, this Court has held that an informant's tip is not sufficient as probable cause for warrantless arrests. It does not vest personal knowledge on the police officers about the commission of the crime.” [ PEOPLE VS. RANGAIG, G.R. No. 240447, April 28, 2021]

59. ARREST OF AN ESCAPEE The person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another

60. WARRANTLESS SEARCHES (JURISPRUDENCE – PEOPLE V. SAPLA, 2020) Incidental to a lawful arrest Seizure of evidence in plain view Search of a moving vehicle Consented warrantless search Customs/ airport search Stop and frisk/ terry search

61. 1. INCIDENTAL TO A LAWFUL ARREST “ A search incidental to a lawful arrest requires that there must first be a lawful arrest before a search is made. Otherwise stated, LAWFUL ARREST MUNA, BAGO SEARCH; THE PROCESS CANNOT BE REVERSED."

62. WHY IS THIS ALLOWED? “ The purpose of allowing a warrantless search and seizure incident to a lawful arrest is to PROTECT the arresting officer from being harmed by the person arrested, who might be armed with a concealed weapon, and to PREVENT the latter from destroying evidence within reach. [ VAPOROSO VS. PEOPLE, G.R. No. 238659, June 3, 2019]

63. A LAWFUL ARREST WAS MADE AGAINST YOU. CAN WARRANTLESS SEARCH BE MADE OF YOUR HOUSE LOCATED 500 METERS AWAY FROM THE PLACE OF ARREST?

64. 2. SEIZURE OF EVIDENCE IN PLAIN VIEW The executing law enforcement officer has a prior justification for an initial intrusion or otherwise properly in a position from which he can view a particular order; The officer must discover incriminating evidence inadvertently ; It must be immediately apparent to the police that the items they observe may be evidence of a crime, contraband, or otherwise subject to seizure;

65. Search warrant is for more than one offense. While implementing the warrant, the police officer saw, in plain view, a shabu in the place searched. Is the shabu admissible in evidence?

66. 2. SEIZURE OF EVIDENCE IN PLAIN VIEW The executing law enforcement officer has a prior justification for an initial intrusion or otherwise properly in a position from which he can view a particular order; The officer must discover incriminating evidence inadvertently ; It must be immediately apparent to the police that the items they observe may be evidence of a crime, contraband, or otherwise subject to seizure;

67. “ If the package proclaims its contents , whether by its distinctive configuration, its transparency, or if its contents are obvious to an observer, then the contents are in plain view and may be seized." PEOPLE V. DORIA

68. 3. SEARCH OF A MOVING VEHICLE GR: Visual Search XPN: Extensive Search

69. YOU ARE A PASSENGER OF A MOVING VEHICLE. AT A CHECKPOINT, CAN THE PEACE OFFICERS REQUIRE YOU TO STEP OUT FOR A BODY SEARCH?

70. PEOPLE V. SAPLA, 2020 “The Court held that the search conducted "could not be classified as a search of a moving vehicle. In this particular type of search, the vehicle is the target and not a specific person." 

71. 4. CONSENTED WARRANTLESS SEARCH It must appear that the rights exist; The person involved had knowledge, actual or constructive, of the existence of such right; and Said person had an actual intention to relinquish the right . 

72. 5. CUSTOMS/AIRPORT SEARCH Persons may lose the protection of the search and seizure clause by exposure of their persons or property to the public in a manner reflecting a lack of subjective expectation of privacy, which expectation society is prepared to recognize as reasonable .

73. 6. STOP AND FRISK/TERRY SEARCH “For a valid stop and frisk search, this Court instructed in Manibag v People that the arresting officer should have personally observed at least two (2) or more suspicious circumstances. ”

74. EXCLUSIONARY RULE (Fruit of poisonous tree) “According to Article III, Section 3(2) of the Constitution, any evidence obtained in violation of the right against unreasonable searches and seizures shall be INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING .”

75. PRIVACY OF COMMUNICATION AND CORRESPONDENCE

76. SECTION 3 The privacy of communication and correspondence shall be inviolable except upon lawful order of the court , or when public safety or order requires otherwise as prescribed by law . Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

77. TEST TO DETERMINE IF RIGHT TO PRIVACY IS VIOLATED? The "reasonable expectation of privacy" test is used to determine if the right to privacy was violated. SUBJECT TEST (INDIVIDUAL) - the individual, by his conduct, had expectation of privacy; OBJECT TEST (SOCIETY) - the society recognizes that his expectation is reasonable.

78. CONSTITUtIONAL RIGHT TO PRIVACY v. statutory right to privacy Article 26, NCC: Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.

79. ALLOWABLE INTRUSIONS By lawful order of the court; or By legislative enactment when public safety or order requires

80. RIGHT TO PRIVACY OF PUBLIC FIGURES A limited intrusion into a person's privacy has long been regarded as permissible where: That person is a public figure ; and The information sought to be elicited from him or to be published about him constitute matters of a public character.

81. EXCLUSIONARY RULE (Fruit of poisonous tree) “According to Article III, Section 3(2) of the Constitution, any evidence obtained in violation of the right against unreasonable searches and seizures shall be INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING .”

82. FREEDOM OF SPEECH AND EXPRESSION

83. SECTION 4 “ No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

84. POINTS OF DISCUSSION: Freedom from prior restraint and subsequent punishment Unprotected Speech As Applied Challenge v. Facial Challenge a. General Rule: As Applied Challenge b. Exception: Facial Challenge; Types: i . Overbreadth Doctrine ii . Void-for-Vagueness Doctrine

85. FREEDOM FROM PRIOR RESTRAINT “Prior restraint refers to official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.”

86. CHAVEZ V. GONZALES, 2008 “Freedom from prior restraint precludes governmental acts that required: Approval of a proposal to publish; Licensing or permits as prerequisites to publication including the payment of license taxes for the privilege to publish; Injunctions against publication.

87. FREEDOM FROM SUBSEQUENT PUNISHMENT “Freedom of speech includes freedom after speech. Without this assurance, citizens would hesitate to speak for fear that they might be provoking the vengeance of the officials they criticized.”

88. SINCE I HAVE FREEDOM FROM SUBSEQUENT PUNISHMENT, WHY DO WE HAVE LAWS ON LIBEL?

89. Unprotected speech “It has been established in this jurisdiction that unprotected speech or low-value expression refers to libelous statements, obscenity or pornography , false or misleading advertisement, insulting or "fighting words,” i.e., those which by their very utterance inflict injury or tend to incite an immediate breach of peace and expression endangering national security.” [MADRILEJOS vs. GOKONGWEI-CHENG, 2019]

90. AS APPLIED CHALLENGE V. FACIAL CHALLENGE As Applied Challenge is the general rule. Facial Challenge is the exception. Overbreadth Doctrine Void-for-Vagueness Doctrine

91. AS APPLIED CHALLENGE (General rule) One can challenge the constitutionality of a statute only if he asserts a violation of his own rights . It prohibits one from assailing the constitutionality of the statute based solely on the violation of the rights of third persons not before the court. This rule is also known as the prohibition against third-party standing

92. FACIAL CHALLENGE (EXCEPTION) A petitioner may mount a "facial" challenge to the constitutionality of a statute even if he claims no violation of his own rights under the assailed statute where it involves FREE SPEECH on grounds of overbreadth or vagueness of the statute.

93. OVERBREADTH DOCTRINE (1 st type of Facial Challenge) The doctrine provides that a regulation of speech is void if it unnecessarily sweeps broadly and invades protected and non-protected speech. In other words, it prohibits more than is necessary to achieve a compelling government interest. ( Adiong v COMELEC, 1992)

94. VOID-FOR-VAGUENESS DOCTRINE (2 nd type of Facial Challenge) A statue may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess as to its meaning and differ as to its application , that law is deemed void.

95. FREEDOM OF RELIGION

96. SECTION 5 “No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

97. POINTS OF DISCUSSION: Clauses under Section 5 Non-Establishment Clause Free Exercise Clause No Religious Test Clause Doctrines laid down by jurisprudence: Doctrine of Benevolent Neutrality/Benevolent Accommodation/BNA Conscientious Objectors

98. NON-ESTABLISHMENT CLAUSE The establishment clause "principally prohibits the State from sponsoring any religion or favoring any religion as against other religions. It mandates a strict neutrality in affairs among religious groups." [IMBONG VS. OCHOA]

99. FREE EXERCISE CLAUSE The State is prohibited from unduly interfering with the outside manifestations of one's belief and faith. [IMBONG VS. OCHOA]

100. No RELIGIOUS TEST CLAUSE No religious test shall be required for the exercise of civil or political rights.

101. DOCTRINES Doctrine of Benevolent Neutrality Conscientious Objectors

102. DOCTRINE OF BENEVOLENT NEUTRALITY With religion looked upon with benevolence and not hostility, benevolent neutrality allows accommodation of religion under certain circumstances. Accommodations are government policies that take religion specifically into account not to promote the government’s favored form of religion, but to allow individuals to exercise their religion without hindrance from the government. (Estrada v Escritor , 2003)

103. CONSCIENTIOUS OBJECTORS DOCTRINE “ At the basis of the free exercise clause is the respect for the inviolability of the human conscience” ( Imbong v. Ochoa)

104. LIBERTY OF ABODE AND RIGHT TO TRAVEL

105. SECTION 6 “The LIBERTY OF ABODE and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the RIGHT TO TRAVEL be impaired except in the interest of national security, public safety, or public health, as may be provided by law."

106. POINTS OF DISCUSSION: Cognate Rights Liberty of Abode Right to Travel Watch-List and Hold Departure Orders

107. LIBERTY OF ABODE The right to choose one's residence, to leave it whenever he pleases and to travel wherever he wills.

108. RIGHT TO TRAVEL The right to move freely from the Philippines to other countries or within the Philippines.

109. Watch-list and hold departure orders The power to issue HDO is inherent to the courts.  The DOJ does not have the power to issue HDO.

110. RIGHT TO INFORMATION

111. SECTION 7 “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts , transactions , or decisions , as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by Law ”

112. RECOGNIZED LIMITATIONS set by law and jurisprudence: National security matters and intelligence information. Diplomatic negotiations, or inter-government exchanges prior to the conclusion of treaties and executive agreements. Intellectual Property Code and other related laws Secrecy of Bank Deposits Act, as amended; Criminal matters, such as the apprehension, the prosecution and the detention of criminals; Judicial privilege Deliberative process privilege Presidential information privilege

113. REMEDY IS MANDAMUS While the manner of examining public records may be subject to reasonable regulation by the government agency in custody thereof, the duty to disclose the information of public concern, and to afford access to public records cannot be discretionary on the part of said agencies. 

114. RIGHT TO ASSOCIATION

115. SECTION 8 “The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

116. United pepsi-cola supervisory union v. laguesma “The court recognized the validity of the first sentence of Art. 245 of the Labor Code, which prohibits managerial employees from forming, assisting, or joining labor organizations, in relation to Article III, Section 8 of the 1987 Constitution. 

117. EMINENT DOMAIN

118. SECTION 9 “Private property shall not be taken for public use without just compensation.”

119. NON-IMPAIRMENT OF CONTRACTS

120. SECTION 10 “No law impairing the obligation of contracts shall be passed.”

121. Provincial Bus Operators Association v. DOLE, 2018 There is an impairment when: The terms are changed either in the time or mode of the performance of the obligation. New conditions are imposed or Existing conditions are dispensed with.

122. FREE ACCESS TO COURTS AND ADEQUATE LEGAL ASSISTANCE (S11)

123. RIGHTS UNDER CUSTODIAL INVESTIGATION

124. SECTION 12 Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

125. CUSTODIAL INVESTIGATION Custodial investigation commences when: A person is taken into custody ; and Is singled out as a suspect in the commission of a crime under investigation; and the law enforcement officers begin to ask questions on the suspect’s participation therein which tend to elicit an admission.

126. RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION Right to be informed of the following rights: Right to remain silent Right to independent and competent counsel, preferably of his own choice Right to be provided with counsel, if he cannot afford the services of one Right Not to be subjected to force, violence, threat or intimidation which vitiates free will; Confessions or admissions obtained in violation of these rights are inadmissible in evidence.

127. REQUISITES OF VALID WAIVER The waiver shall be in writing ; and signed by such person; in the presence of his counsel; otherwise, the waiver shall be null and void and of no effect. (Sec. 2(d), RA 7438)

128. BAIL (S13)

129. RIGHTS OF ACCUSED

130. 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. 

131. RIGHTS OF THE ACCUSED Criminal due process; Presumption of innocence; Right to be heard; Assistance of counsel; Right to be informed of the nature and cause of accusation against him; Right to speedy, impartial and public trial; Right of confrontation; Right to compulsory processes;

132. PRIVILEGE OF THE WRIT OF HABEAS CORPUS (S15)

133. RIGHT TO SPEEDY DISPOSITION OF CASES (S16)

134. RIGHT AGAINST SELF-INCRIMINATION

135. CAN YOU BE COMPELLED TO BE A WITNESS?

136. SECTION 17 No person shall be compelled to be a witness against himself.

137. INCRIMINATING QUESTION Incriminating question means a question which tends to establish his participation in a criminal act (Sec. 3(4), Rule 132) The gist of the privilege is the restriction on "testimonial compulsion." Hence, it applies only to evidence that is " communicative " in essence taken under duress.

138. EXCLUSIONARY RULE (Fruit of poisonous tree) Evidence obtained in violation of the right against self-incrimination shall be inadmissible.

139. RIGHT AGAINST INVOLUNTARY SERVITUDE

140. 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.

141. RIGHT AGAINST EXCESSIVE FINES, AND CRUEL AND INHUMAN PUNISHMENTS

142. 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. 

143. NON-IMPRISONMENT FOR DEBTS

144. SECTION 20 No person shall be imprisoned for debt or non-payment of a poll tax.

145. DOUBLE JEOPARDY

146. 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 . 

147. EX POST FACTO LAWS AND BILLS OF ATTAINDER

148. SECTION 22 No EX POST FACTO LAW or BILL OF ATTAINDER shall be enacted.

149. EX POST FACTO LAW An ex post facto law is a RETROACTIVE law that makes a previous act criminal, although it was not criminal at the time it was committed. Characteristics: (CRP) It refers to criminal matters; It is retroactive in application; and It is prejudicial to the accused.

150. SOME KINDS OF EX POST FACTO LAWS (us v. diaz conde) Law making an act criminal which was not so before its passage; Law aggravating the penalty for a crime committed before its passage; Law inflicting a greater or more severe penalty than the law annexed to the crime when it was committed; Law altering the legal rules of evidence and allowing the receipt of less or different testimony than what the law required at the time of commission, in order to convict accused;

151. BILL OF ATTAINDER A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt. Characteristics: (SPJ) Specification of an individual or group of individuals; Imposition of a punishment , penal or otherwise; AND Lack of judicial tria l

152. In Fine