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I. Custodial Investigation, In General

A. Definition People Pavillare, GR 129970, April 5, 2000People v. Bandula - 232 SCRA 566Navallo v. Sandiganbayan - 234 SCRA 175Sebastian v. Garchitorena, GR 114028, October 18, 2000OCA v. Sumulong, 271 SCRA 316People v. Almanzor, GR 124918, July 11, 2002 (no need for counsel)People v. Valdez, GR 129296, September 25, 2000People v. Marra - 236 SCRA 565People v. Labtan, G.R. No. 127493, December 8, 1999Manuel v. NC Construction – 282 SCRA 326People v. de la Cruz, GR 137405, Sept. 27, 2002*People v. Camat- 256 SCRA 52People v. Evangelista - 256 SCRA 611People v. Andan – 269 SCRA 95People v. Artellero, GR 129211, October 2, 2000People v. De Jesus – 213 SCRA 345People v. Legaspi, GR 117802, April 27, 2000

B. Rationale Miranda v. Arizona 384 US 436People v. Canton, GR 148825, Dec. 27, 2002

II. Instances of Custodial Investigations

Section 12. (1) 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.

(2) No torture, force, violence, threat, intimidation, or any other means which violate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(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.

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People v. Isla- 278 SCRA 47People v. Salazar – 266 SCRA 607People v. Casimiro, GR 146277, June 20, 2002People v. Castro – 274 SCRA 115People v. Bolanos – 211 SCRA 262People v. Lim - 196 SCRA 809

III. Rights When Under Custodial Investigations

A. Procedural Requirements *Miranda v. Arizona- 384 US 436People v. Mahinay – GR 122485 February 1, 1999People v. Camat - 256 SCRA 52

B. Duty of an Officer During Custodial Investigation People v. de la Cruz, GR 137405, Sept. 27, 2002People v. Salcedo – 273 SCRA 473

C. When the Rights of Custodial Investigation May Be Invoked People v. Loveria - 187 SCRA 47Sebastian v. Garchitorena, GR 114028, October 18, 2000People v. Tan – 286 SCRA 207

D. The Right to Remain Silent People v. Bandin – 226 SCRA 299People v. Lacbanes – 270 SCRA 193People v. Morico – 246 SCRA 214People v. Ang Chun Kit – 251 SCRA 660People v. De Las Marinas – 196 SCRA 504People v. Castro – 274 SCRA 115People v. Enriquez – 204 SCRA 674

E. The Right to Counsel

a. When to InvokePeople v. Sunga, GR 126029, Mar. 29, 2003People v. Labtan, G.R. No. 127493, December 8, 1999People v. Sapal, GR 124526, March 17, 2000People v. Lamsing - 248 SCRA 471People v. Maqueda - 242 SCRA 565

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People v. Macam – 238 SCRA 306People v. De Jesus – 213 SCRA 345People v. Dimaano – 209 SCRA 819People v. Compil - 244 SCRA 135People v. Loveria - 187 SCRA 47

b. When Presence of Counsel is Required People v. Rodriguez - 232 SCRA 227Estacio v. Sandiganbayan – 183 SCRA 12People v. Bandula - 232 SCRA 566People v. Isla- 278 SCRA 47People v. Jimenez - 204 SCRA 719People v. Cortes, 323 SCRA 131People v. Rous - 242 SCRA 732People v. Espanola – 271 SCRA 689People v.Zuela, 325 SCRA 589People v. Macabalang 508 SCRA 282

c. Effective and Vigilant Counsel Defined*People v. Sunga, GR 126029, March 27, 2003People v. Velarde, GR 139333, July 18, 2002People v. Culala, GR 83466, October 13, 1999People v. Gerolago – 263 SCRA 143People v. Paule – 261 SCRA 649People v. Delmo, GR 130078, Oct. 4, 2002People v. de la Cruz, GR 137405, Sept. 27, 2002People v. Lucero - 249 SCRA 425People v. Espanola – 271 SCRA 689People v. Bacor – GR 122895 April 30, 1999People v. Sahagun – 274 SCRA 208People v. Taliman, GR 109143, October 11, 2000People v. Espiritu – GR 128287 February 2, 1999People v. Barasina - 229 SCRA 450People v. Alegria - 190 SCRA 122People v. Suarez – 267 SCRA 119People v. Parojinog - 203 SCRA 673People v. Baello – 224 SCRA 218Galman v. Pamaran – 138 SCRA 295People v. Jerez – 285 SCRA 393People v. Ranis, GR 129113, Sept. 17, 2002

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People v. Dumalahay, 380 SCRA 37People v. Pamon – 217 SCRA 501People v. Cabiles – 284 SCRA 199People v. Gallardo, 323 SCRA 318People v. Base, GR 109773, March 30, 2000People v. Obrero, GR 122142, May 17, 2000Cariaga v. People – 626 SCRA 231

People v. Porio, 376 SCRA 596

e. CompetencePeople v. Suela, supra, 373 SCRA 163

People v. Matigunas, 379 SCRA 56People v. Suela, supra.

People v. Tablon, 379 SCRA 280People v. Principe, GR 135862, May 2, 2002People v. Oranza, GR 127748, July 25, 2002People v. Canicula, GR 131802, Aug. 6, 2002

People v. Casimiro, GR 146277, June 20, 2002People v. Ochate, GR 127154, July 30, 2002People v. Mendez, GR 147671, Nov. 21, 2002 (reiterates P. v. Morada)*People v. Lauga – 615 SCRA 548Lumanog v. People – 630 SCRA 42People v. Tumaco – 610 SCRA 350lPeople v. Bokingo – 655 SCRA 313*People v. Uy – 649 SCRA 236

People v. Gonzales, GR 142932, May 29, 2002People v. Tamayo, GR 137856, July, 30, 2002People v. Samus, GR 135957, Sept. 17, 2002People v. Avendano, GR 137407, Jan. 28, 2003People v. Mole, GR 137366, Nov. 27, 2003

d. Independence

f. Assistance After Start of Custodial Investigation

g. Valid Confession with Counsel

h. Confession Without Counsel

i. Failure to Object to Confession Made Without Counsel

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j. Right to Be Informed People v. Manriquez, GR 122510-11, March 17, 2000Magtoto v. Manguera - 63 SCRA 4*People v. Camat- 256 SCRA 52People v. Alegria - 190 SCRA 122People v. Sabban – 260 SCRA 630People v. Barlis - 231 SCRA 426People v. Agustin - 240 SCRA 541People v. Samolde, GR 128551, July 31, 2000People v. Sevilla, GR 124077, September 5, 2000People v. Muleta – GR 130189 June 25, 1999People v. Tizon, GR 133228, July 30, 2002People v. Llenaresas - 248 SCRA 629People v. Cajara, GR 122498, September 27, 2000People v. Manriquez, GR 122510-11, March 17, 2000People v. Samolde, GR 128551, July 31, 2000

IV. Waiver of Rights

A. Requisites of a Valid Waiver a. Must Be in Writing and in the Presence of CounselPeople v. Taliman, GR 109143, October 11, 2000People v. Gomez – 270 SCRA 432People v. Cabintoy – 247 SCRA 442People v. Corullo – 289 SCRA 481People v. Olivarez – GR 77865 December 4, 1998People v. Ruelan - 231 SCRA 650People v. Simon - 234 SCRA 555Malacat v. CA – (supra, Warrantless Arrests)People v. Bacor, 306 SCRA 522People v. Quidato – GR 117160 or 6 October 1, 1998

b. Must Be Voluntary, Knowing and Intelligent People v. Nicolas - 204 SCRA 191People v. Agustin - 240 SCRA 541

V. Extrajudicial Confessions A. Difference Between Admission and ConfessionLadiana v. People, GR 144293, Dec. 4, 2002

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People v. Maqueda - 242 SCRA 565

B. Requisites for Valid Extrajudicial Confession People v. Dano, GR 117690, September 1, 2000People v. Pagaura – 267 SCRA 17People v. Calvo – 269 SCRA 676People v. Tan – 286 SCRA 207People v. Olivarez – GR 77865 December 4People v. Base, GR 109773, March 30, 2000People v. Continente, GR 100801-02, August 25, 2000People v. Naag, 322 SCRA 710People v. Fabro – 277 SCRA 19People v. Sinoc – 275 SCRA 357People v. Alicando - 251 SCRA 293People v. Maneng, GR 123147, October 13, 2000People v. Llanes, GR 140268, September 18, 2000People v. Deang, GR 128045, August 24, 2000People v. Avendano, GR 137407, Jan. 28, 2003People v. Espanola – 271 SCRA 689People v. Nicolas, GR 135877, Aug. 22, 2002People v. Sabalones – 294 SCRA 751People v. Mahinay, 302 SCRA 455People v. Lising – 285 SCRA 595People v. Obrero, GR 122142, May 17, 2000People v. Capitle – 639 SCRA 373Jesalva v. People – 640 SCRA 253People v. Capitle – 639 SCRA 373

C. VoluntarinessPeople v. Santos – 283 SCRA 443People v. Alvarez, GR 140388-91, Nov. 11, 2003Astudillo v. People - 509 SCRA 302Jesalva v. People – 640 SCRA 253

D. PresumptionsPeople v. Alicando - 251 SCRA 293People v. Camat- 256 SCRA 52People v. Figueroa, GR 134056, July 6, 2000People v. Dano, GR 117690, September 1, 2000People v. Maneng, GR 123147, October 13, 2000

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People v. Vallejo, GR 144656, May 9, 2002People v. Sahagun – 274 SCRA 208People v. Sabban – 260 SCRA 630People v. Ranis, GR 129113, Sept. 17, 2002People v. Rous - 242 SCRA 732People v. Parojinog - 203 SCRA 673People v. Montiero – 246 SCRA 786People v. Ruelan - 231 SCRA 650People v. Aquino – GR 123550-51 July 19, 1999People v. Tolentino, 423 SCRA 448People v. De Vera, G.R. No. 128966, August 18, 1999People v. Santos – 283 SCRA 443Santos v. Sandiganbayan, GR 71523-25, December 8, 2000People v. Magdamit – 279 SCRA 423People v. Aquino, GR 130742, July 18, 2000People v. Hernandez – (supra, Warrantless Arrests)People v. Sabalones – 294 SCRA 751People v. Calvo – 269 SCRA 676People v. del Rosario, G.R. No. 131036, June 20, 2001

E. To Whom Such Confession Can Be Used AgainstPeople v. Lising – 285 SCRA 595Santos v. Sandiganbayan, GR 71523-25, December 8, 2000Tan v. People, G.R. No. 134298, August 26, 1999

F. Lawyer Given by Police Investigator; Valid ConfessionAquino v. Paiste, 555 S 255

G. Exceptions VI. When Custodial Investigations May Not ApplyA. Preliminary InvestigationPeople v. Judge Ayson - 175 SCRA 216

B. Voluntary SurrenderPeople v. Taylaran – 108 SCRA 373

C. Audit ExaminationNavallo v. Sandiganbayan - 234 SCRA 175Kimpo v. Sandiganbayan - 232 SCRA 53

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D. Administrative InvestigationManuel v. NC Construction – 282 SCRA 326Remolona v. Civil Service Commission, G.R. No.13747, August 2, 2001Sebastian v. Garchitorena, GR 114028, October 18, 2000Escleo v. Durado, AM no. P-99-1312, July 31, 2002

E. Not in Police CustodyPeople v. Tobias – 266 SCRA 229OCA v. Sumulong, 271 SCRA 316

F. Police Line-upGeneral RulePeople v. Piedad, GR 131923, Dec. 5, 2002 (no need for counsel)People v. Lamsing – 248 SCRA 471People v. Frago - 232 SCRA 653*Gamboa v. Judge Cruz - 162 SCRA 675People v. Salvatierra – 276 SCRA 55 (supra, Warrantless Arrests)Dela Torre v. CA – 294 SCRA 196People Pavillare, GR 129970, April 5, 2000People v. Timple - 237 SCRA 52People v. Dimaano – 209 SCRA 819People v. Loveria - 187 SCRA 47People v. Tolentino, 423 SCRA 448People v. Martinez, 425 SCRA 525People v. Sultan, GR 130594, July 5, 2000People v. Escordial, 373 SCRA 585 (line- up after custodial investigation starts,requires counsel)

ExceptionsPeople v. Hatton – 210 SCRA 1People v. Gamer, 326 SCRA 660*People v. Teehankee, Jr. – 249 SCRA 54 (supra, Procedural)People v. Meneses – 288 SCRA 95

G. Spontaneous StatementsPeople v. Barrientos – 285 SCRA 221Arroyo v, CA - 203 SCRA 750People v. Andan – 269 SCRA 95People v. Dumantay, 307 SCRA 1People v. Morada – GR 129723 May 19, 1999

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People v. Dano, GR 117690, September 1, 2000People v. Ulit, 423 SCRA 374

H. Marked Money*People v. Linsangan – 195 SCRA 784 I. Booking Sheets

*People v. Ang Chun Kit – 251 SCRA 660

J. Paraffin TestPeople v. Gamboa – 194 SCRA 372

K. When Body of the Accused is ExaminedPeople v. Sinoc – 275 SCRA 357People v. Piedad, GR 131923, Dec. 5, 2002 (no need for counsel)Gutang v. People, GR 135406, July 11, 2000People v. Paynor – 256 SCRA 611

L. Taking of PicturesPeople v. Gallarde, 325 SCRA 835 M. Incident to a Lawful ArrestPeople v. Enriquez – 204 SCRA 674Marcelo v. Sandiganbayan – GR 109242 January 26, 1999

VII. The Exclusionary Rule

A. Violation of RightsPeople v. Simon - 234 SCRA 555People v. Hermoso, GR 130590, October 18, 2000People v. Pinlac - 165 SCRA 675People v. Bacamante - 248 SCRA 47People v. Andan – 269 SCRA 95People v. Montes – GR 117166 December 13, 1998People v. Salcedo – 273 SCRA 473People v. Macoy – 275 SCRA 1People v. Arceo - 202 SCRA 170People v. Atrejenio – GR 120160 July 13, 1999Tan v. People, G.R. No. 134298, August 26, 1999

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People v. Binamira – 277 SCRA 232People v. Turingan – 282 SCRA 424People v. Pagaura – 267 SCRA 17People v. Quidato – GR 117401 October 1, 1998People v. Sequino – 264 SCRA 79People v. Alicando - 251 SCRA 293People v. Agustin - 240 SCRA 541People v. Paglinawan, 324 SCRA 97People v. Alegria - 190 SCRA 122People v. Bravo, GR 13562People v. Bariquit, GR 122733, October 2, 2000People v. Malimit – 264 SCRA 167People v. Rivera – 245 SCRA 421People v. Meneses – 288 SCRA 95People v. Figueroa, GR 134056, July 6, 2000People v. Paburada, GR 137118, December 5, 2000People v. Lapitaje, GR 132042, Feb. 19, 2003

B. Immunity against Self-Incrimination*Galman v. Pamaran – (supra, Custodial Investigation)

C. Re-enactmentsPeople v. Suarez – 267 SCRA 119

D. Applicability to AliensPeople v. Wong Chuen Ming - 256 SCRA 182

E. Verbal ConfessionsPeople v. Deniego – 251 SCRA 626People v. Bonola – 274 SCRA 238People v. Suela, 373 SCRA 163 (confession to private party)People v. Taboga, 376 SCRA 500 (confession to private party)People v. Baloloy, GE 140740, Apr. 12, 2002 (res gestae)People v. Guillermo, 420 S 326 F. Co-Accused not BoundPeople v. Camat- 256 SCRA 52

G. Who May Raise the QuestionPeople v. Balisteros - 237 SCRA 499

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H. When Must the Objection Be RaisedPeople v. Samus, GR 135957, Sept. 17, 2002People v. Montilla – 285 SCRA 703People v. Salvatierra – 276 SCRA 55Gamboa v. Judge Cruz - 162 SCRA 675Macasiray v. People – 291 SCRA 154 I. Admissible EvidencePeople v. Espiritu, 302 SCRA 533People v. Lumandong, 327 SCRA 650 VIII. Rights After Custodial InvestigationPeople v. Alicando - 251 SCRA 293People v. De Guzman - 194 SCRA 191

I. Right to Bail Lavides v. CA, 324 SCRA 321People v. Gako, GR 135045, December 15, 2000*Yap v. CA, GR 141529, June 6, 2001Fortuna v. Sitaca, AM No. RTJ-01-1633, June 19, 2001Jinggoy Estrada v. Sandiganbayan, G.R. No. 148965, February 26, 2002Gov’t of USA v. Hon Purganan, GR 148571, Sept. 24, 2002Serapio v. Sandiganbayan, GR 148468, Jan. 28, 2003*Gov’t of Hongkong v. Hon. Olalia, April 19, 2007People v. Sandiganbayan – 529 SCRA 764

II. Waiver of the Right People v. Judge Donato & Rodolfo Salas – 198 SCRA 130People v. Mapalao - 197 SCRA 79

III. Excessive Bail *De La Camara.v. Enage - 41 SCRA 3Chu v. Dolalos – 260 SCRA 309Magsucang v. Judge Balgos, AM no. MTJ- 02- 142, Feb. 27, 2003

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

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IV. Right to Bail of Military Personnel Commendador v. Gen. de Villa - 200 SCRA 80

V. Aspects of the Right to Bail Sule v. Biteng - AM MTJ-95-1018, 243 SCRA 524Paderanga v. CA – 247 SCRA 741Asst. Provincial Prosecutor Chin v. Judge Gustilo, et al. "AM No- RTJ-94-1243,247 SCRA 175People v. Nitcha – 240 SCRA 283Padilla v. CA – 260 SCRA 155Parada v. Veneracion – 269 SCRA 371Obosa v. CA – 266 SCRA 281Moslares v. CA – 291 SCRA 440Catiis v. CA 482 SCRA 71

Due ProcessPeople v. Boras, GR 127495, December 22, 2000People v. Horio, GR 137842, August 23, 2001

Military Tribunal Olaguer v. Military - 150 SCRA 144Tan v. Barrios - 190 SCRA 685

Presumption of Innocence *United States v. Luling - 324 PHIL. 725People v. Mingoa - 92 PHIL. 856*Dumlao v. COMELEC - 95 SCRA 392Pamintuan v. People - 234 SCRA 63Marquez v. COMELEC – 243 SCRA 538

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) 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.

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Hizon v. CA – 265 SCRA 517People v. Caranguian, GR 124514, July 6, 2000People v. Aquino, GR 130742, July 18, 2000People v. Guillermo, GR 111292, July 20, 2000People v. Balacano, GR 127156, July 31, 2000People v. Mansueto, GR 135196, July 31, 2000Soriano v. Angeles, GR 109920, August 31, 2000People v. Fajardo, GR 128583, November 22, 2000Rueda v. Sandiganbayan, GR 129064, November 29, 2000People v. Baulite, G.R. No. 137599, October 8, 2001 !24

Right to Be Heard and to Production of Evidence Maliwat v. CA - 256 SCRA 718People v. Buemio – 265 SCRA 582People v. Ramilla – GR 127485 July 19, 1999Marquez v. Sandiganbayan – 641 SCRA 175

Right to Counsel *People v. Holgado - 86 PHIL. 752United v. Ash - 413 U. S. 300People v. Rio – 201 SCRA 702Salaw v. NLRC - 202 SCRA 7Carillo v. People - 229 SCRA 386People v. Macagaling - 237 SCRA 299De Guzman v. Sandiganbayan - 256 SCRA 171People v. Cuizon - 256 SCRA 329People v. Cabodoc – 263 SCRA 187People v. Echegaray – 267 SCRA 682Reyes v. CA – 267 SCRA 543People v. Serzo – 274 SCRA 553Dans v. People – 285 SCRA 504Amion v. Chiongson – AM No. RTJ-97-1371 January 22, 1999People v. Ambray – GR 127177 February 25, 1999People v. Bolatete – GR 127570 February 25, 1999People v. dela Cuesta – GR 126134 March 2, 1999People v. Lakindanum – GR 127123 March 10, 1999People v. Cantos – GR 129298 April 14, 1999People v. Alba – GR 131858-59 April 14, 1999People v. Onabia – GR 128288 April 20, 1999

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People v. Bermas – GR 120420 April 21, 1999People v. Pedres – GR 129533 April 30, 1999People v. Acala – GR 127023-25 May 19, 1999People v. Puertollano – GR 122423 June 17, 1999People v. Bonghanoy – GR 124097 June 17, 1999People v. Larena – GR 121205-09 June 29, 1999People v. Nuñez – GR 128875 July 8, 1999People v. Ramilla – GR 127485 July 19, 1999People v. Sesbreno, G.R. No. 121764, September 8, 1999People v. Santoclides, G.R. No. 109149, December 21, 1999People v. Salonga, G.R. No. 131131, June 21, 2001People v. Bagas, G.R. No. 104383, July 12, 2001People v. Liwanag, G.R. No. 120468, August 15, 2001People v. Bernas, 377 SCRA 391People v. Caralipio, GR 137766, Nov. 27, 2002Sia v. People 504 SCRA 507Briones v. People – 588 SCRA 362Villanueva v. People – 644 SCRA 356

Absence of ViolationPeople v. Aquino, GR 129288, March 30, 2000Villanueva v. People, GR 135098, April 12, 2000

Presence of ViolationPeople v. Nadera, 324 SCRA 490Callangan v. People 493 SCRA 269

Right to Be Informed *People v. Regala – 113 SCRA 613Enrile v. Salazar - 186 SCRA 217People v. Taguba - 229 SCRA 188People v. Barte - 230 SCRA 401People v. Vitor - 245 SCRA 392Sabiniano v. CA – 249 SCRA 24People v. Reyes - 242 SCRA 264People v. Legaspi - 246 SCRA 206People v. Ramos - 245 SCM 405People v. Namayan - 246 SCRA 646Pecho v. People – 262 SCRA 518People v. Laurente - 255 SCRA 543

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People v. Rosare – 264 SCRA 398People v. Evangelista - 256 SCRA 611People v. Cruz – 259 SCRA 109People v. De Guzman – 265 SCRA 228Salud Imson-Souweha v. Rondez – 279 SCRA 258People v. Manansala – 273 SCRA 502People v. Palomar – 278 SCRA 114People v. Ortega – 276 SCRA 166People v. Antido – 278 SCRA 425People v. Sadiosa – 290 SCRA 92People v. Villamor – GR 12444 October 7, 1998People v. Rosare – 264 SCRA 398People v. Llaguno – 285 SCRA 124People v. Bugayong – GR 126518 December 2, 1998People v. Manalili – 294 SCRA 220People v. Dimapilis – GR 128619 December 17, 1998People v. de Guzman – 289 SCRA 470People v. Quitlong – 292 SCRA 360People v. Perez – GR 122764 September 24, 1998People v. Renido – 288 SCRA 369People v. Venerable – 290 SCRA 15People v. Lozano – GR 125080 September 25, 1998People v. Padilla – GR 126124 January 20, 1999People v. Acosta, G.R. No. 142726, October 17, 2001People v. de la Pena G.R. No. 138358-59 Nov. 19, 2001People v. Abino, G.R. No. 137288, December 11, 2001People v. Tan, GR 116200-02, June 21, 2001People v. Tagana, GR 137608-09, July 6, 2001People v. Alcalde, GR 139225, May 29, 2002People v. Mejeca, GR 146425, Nov. 21, 2002People v. Esurina, 374, SCRA 429People v. Togud, 375 SCRA 291People v. Espejon, 377 SCRA 412People v. Lavador, 377 SCRA 424People v. Hermanes, 379 SCRA 190People v. Portugal, 379 SCRA 212People v. Baluya, 380 SCRA 533People v. Arofo, 380 SCRA 663People v. Cana, GR 139229, June 6, 2002People v. Soriano, GR 135027, July 3, 2002

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People v. Radam, GR 138395, July 18, 2002People v. Abala, GR 135858, July, 23, 2002People v. Romero, GR 137037, Aug. 5, 2002People v. Magtibay, GR 142985, Aug. 6, 2002People v. Miclat, GR 137024, Aug. 7, 2002People v. Guardian, GR 142900, Aug. 7, 2002People v. Ocampo, GR 145303, Aug. 7, 2002People v. del Ayre, GR 139788, Oct. 3, 2002People v. Caliso, GR 131475, Oct. 14, 2002People v. Buado, GR 137341, Oct. 28, 2002People v. Alemania, GR 146221, Nov. 13, 2002People v. Terible, GR 140635, Nov. 18, 2002People v. Victor, GR 127904, Dec. 5, 2002People v. Velasquez, 377 SCRA 219People v. Lachica, GR 143677, May 9, 2002People v. Sajolga, GR 146684, Aug. 21, 2002People v. Ramos, GR 142577, Dec. 27, 2002People v. Mascarinas, GR 144034, May 28, 2002People v. Sanchez, 375 SCRA 355People v. Abayon, GR 142874, July, 31, 2002People v. Gavina, GR 143237, Oct. 28, 2002People v. Orbita, GR GR 136591, July 11, 2002Dado v. People, GR 131421, Nov. 18, 2002Santos v. People, GR 14761, Jan. 20, 2002People v. Bon, GR 149199, Jan. 28, 2003People v. Llanto, GR 146458, Jan. 20, 2003People v. Migrante, GR 147606, Jan. 14, 2003People v. Dy, GR 115326-37, Jan. 16, 2003People v. Lapitaje, GR 132042, Feb. 19, 2003People v. Ostia, GR 131804, Feb. 26, 2003People v. Ganete, GR 142930, Mar. 28, 2003Garcia v. People, GR 144785, Sept. 11, 2003People v. Villanueva, GR 138364, Oct. 15, 2003!26Burgos v. Sandiganbayan, GR 123144, Oct. 15, 2003People v. Rote, GR 146188, Dec. 11, 2003People v. Rata, GR 145523-24, Dec. 11, 2003Andaya v. People 493 SCRA 539People v. Estrada – 583 SCRA 302People v. Abella – 610 SCRA 19

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People v. Pangilinan – GR 183090, November 14, 2011

Relationship People v. Cepedon, 542 S 550People v. Talan, GR 177354, November 14, 2009People v. Estrada – 610 SCRA 222People v. Corpuz – 577 SCRA 465People v. Regino – 582 SCRA 189

Nature of Offense: Different Offense; Same Offense;People v. Paglinawan, 324 SCRA 97People v. Paramil, GR 128056-57, March 31, 2000Evangelista v. People, GR 108135-36, August 14, 2000People v. Puzon, GR 123156-59, August 29, 2000People v. Valdesancho, G.R. NO. 137051-52, May 30, 2001People v. Dawisan, G.R. No. 122095, September 13, 2001Mapas v. People, 544 S 85Pactolin v. Sandiganbayan, 554 S 136People v. Hu, 567 S 697

Absence of Qualifying Circumstance People v. Ronato, G.R. No. 124298, October 11, 1999People v. Bayron, G.R. No. 122732, September 7, 1999People v. Abella, G.R. No. 131847, September 22, 1999People v. Gallo, G.R. No. 124736, September 29, 1999People v. Panique, G.R. No. 125763, October 13, 1999People v. Aguinaldo, G.R. No. 130784, October 3, 1999People v. Tabion, G.R. No. 132715, October 20, 1999People v. Torio, G.R. No. 132216, November 7, 1999People v. Alfanta, G.R. No. 125633, December 9, 1999People v. Flores, G.R. No. 123599, December 13, 1999People v. Ramon, G.R. No. 130407, December 15, 1999People v. Villar., 322 SCRA 390People v. Bernaldez, 322 SCRA 762People v. Flores, 322 SCRA 779People v. Palanco, 322 SCRA 790People v. Bacule, 323 SCRA 734People v. Bartolome, 323 SCRA 836People v. Bayona, 327 SCRA 190People v. Siao, 327 SCRA 231

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People v. Bayzo, 327 SCRA 771People v. De los Santos, GR 121906, August 5, 2000People v. Fraga, GR 134130-33, April 12, 2000People v. Licanda, GR 134084, May 4, 2000People v. Sabredo, GR 126114, May 11, 2000People v. Alicante, GR 127026-27, May 31, 2000People v. Traya, GR 129052, May 31, 2000People v. Mamac, GR 130332, May 31, 2000People v. Decena, GR 131843, May 31, 2000People v. Lomibao, GR 135855, August 3, 2000People v. Canonigo, GR 133649, August 4, 2000People v. Cruz, GR 128346-48, August 14, 2000People v. Watimar, GR 121651-52, August 16, 2000People v. Gabiana, GR 123543, August 23, 2000People v. Banihit GR 132045, August 25, 2000People v. Gutierrez, GR 132772, August 31, 2000People v. Villanueva, GR 135330, August 31, 2000People v. Melendres, GR 133999-4001, August 31, 2000People v. Mendez, GR 132546, July 5, 2000People v. Alarcon, GR 133191-93, July 11, 2000People v. Baybado, GR 132136, July 14, 2000People v. Surilla, GR 129164, July 24, 2000People v. Campaner, GR 130500, July 26, 2000People v. Balacano, GR 127156, July 31, 2000People v. Villaraza, GR 131848-50, September 5, 2000People v. Baniguid, GR 137714, September 8, 2000People v. Bali-Balita, GR 134266, September 15, 2000People v. Cajara, GR 122498, Sepember 27, 2000People v. Nogar, GR 133946, September 27, 2000People v. Magtrayo, GR 133480-82, October 4, 2000People v. Taguba, GR 112792-93, October 6, 2000People v. De la Cuesta, GR133904, October 5, 2000People v. Arves, GR 134628, October 13, 2000People v. Baldino, GR 137269, October 13, 2000People v. Baltazar, GR 130610, October 16, 2000People v. Francisco, GR 136252, October 20, 2000People v. Sarmiento, GR 134768, October 25, 2000People v. Gallarde, 325 SCRA 835People v. Crispin, 327 SCRA 167People v. Paramil, GR 128056-57, March 31, 2000

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People v. Gallego, GR 130603, August 15, 2000People v. Tejada. G.R. No. 126166, July 10, 2001People v. Lalingjaman, G.R. No. 132714, September 6, 2001People v. Mercado, G.R. No. 139904, October 12, 2001Estrada v. Sandiganbayan G.R. No. 148560, Nov. 19, 2001People v. Marahay, GR 120625-29, Jan. 28, 2003People v. Montemayor, GR 124474, Jan. 28, 2003People v. Delim, GR 142773, Jan. 28, 2003People v. Acosta, GR 140402, Jan. 28, 2003People v. Caloza, GR 138404-06, Jan. 28, 2003People v. Layoso, GR 14773-76, Jan. 22, 2003People v. Baldogo, GR 128106-07, Jan. 24, 2003People v. De la Cruz, GR 175954, December 16, 2008People v. De la Cruz, GR 174371, December 11, 2008Andres v. People – 588 SCRA 830Sambilon v. People – 591 SCRA 405Valenzuela v. People – 596 SCRA 1

Difference of Commission of Crime

People v. Capinpin, GR 118608, October 30, 2000

Number of Offenses People v. Tresballes, G.R. No. 126118, September 21, 1999People v. Gerona, G.R. No. 126169, December 21, 1999People v. Pambid, GR 124453, March 15, 2000People v. Alvero, GR 134536, April 5, 2000People v. Guiwan GR 117324-8, April 27, 2000People v. Surilla, GR 129164, July 24, 2000People v. Rama, 379 SCRA 477People v. Cuyugan, GR 146641, Nov. 18, 2002People v. Montinola, 543 SCRA 412

Date of Commission of Crime People v. Narito, G.R. No. 132058, October 1, 1999People v. Magbanua, G.R. No. 12888, December 3, 1999People v. Ladrillo, G.R. No. 124342, December 8, 1999People v. Ferolino, GR 131730-31, April 5, 2000People v. Gianan, GR 135288-93, September 15, 2000People v. Trelles, GR 137659, September 19, 2000

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Sumbang v. General Court Martial PRO- Region 6, GR 140188, August 3, 2000Arambulo v. Laqui, GR 138596, October 12, 2000People v. Tagana, G.R. Nos. 137608-09, July 6, 2001People v. Bidoc 506 SCRA 481People v. Ceredon, 542 SCRA 550People v. Pascual, 569 SCRA 534People v. Aure, 569 SCRA 836People v. Diocado, GR 170567, November 14, 2008People v. Canares – 579 SCRA 582People v. Aboganda – 585 SCRA 1People v. Jimenez – 586 SCRA 580People v. Lazaro – 596 SCRA 587

No Violation People v. Escoro, 376 SCRA 670People v. Pascual, 379 SCRA 235People v. Conde, 380 SCRA 159People v. Miranda, GR 142566, Aug. 8, 2002People v. Roque, GR 130569, Aug. 14, 2002People v. Segovia, GR 138974, Sept. 29, 2002People v. Caralipio, GR 137766, Nov. 27, 2002People v. Cantomayor, GR 145522, Dec. 5, 2002People v. sarazan, GR 123269-72, Jan. 22, 2003People v. Taperla, GR 142860, Jan. 16, 2003People v. Lizada, GR 143468-71, Jan. 24, 2003People v. Dy, GR 115326-37, Jan.16, 2003Batulanan v. People 502 SCRA 35People v. Corpuz 482 SCRA 435Soledad v. People – 644 SCRA 258Torres v. People – 655 SCRA 720

Right to Speedy Trial People v. Sesbreno, G.R. No. 121764, September 9, 1999Tai Lim v. Court of Appeals, G.R. No. 131483, October 26, 1999*Conde v. Rivera - 45 PHIL. 650Nepomuceno v. Sec. of National Defense - 108 SCRA 658People v. Gines - 197 SCRA 481Abadia v. CA - 236 SCRA 676Gonzales v. CA - 232 SCRA 667Cadalin v. POEA – 238 SCRA 721

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People v. Tampal – 244 SCRA 202Dacanay v. People - 240 SCRA 490Guerrero v. CA - 257 SCRA 703Dizon v. Lopez – 278 SCRA 483Luzarraga v. Meteoro, AM 00-1572, August 3, 2000Solar Entertainment and People v. Hon. How, GR 140863, August 22, 2000De Zuzurregui v. Rosete, GR AM no. MTJ-02-1426People v. Dy, GR 115326-37, Jan. 16, 2003Lumanlaw v. Peralta 482 SCRA 396Padilla v. Apas 487 SCRA 29People v. Hernandez 499 SCRA 688Uy v. Adriano 505 SCRA 625Benares v. Lim 511 SCRA 100Gaas v. Mitmug, 553 SCRA 535Albert v. Sandiganbayan – 580 SCRA 279Tan v. People – 586 SCRA 139Tallo v. People – 588 SCRA 520Olbes v. Buemio – 607 SCRA 336Jacob v. Sandiganbayan – 635 SCRA 94

Right to Impartial Trial *Mateo. Jr, v. Villaluz - 50 SCRA 18People v. CA – 262 SCRA 452Maliwat v. CA – 256 SCRA 718Tabuena v. Sandiganbayan – 268 SCRA 332People v. Adora – 275 SCRA 441Cosep v. People – 290 SCRA 378People v. Castillo – 289 SCRA 213People v. Vaynaco – GR 126286 March 22, 1999People v. Estrada, GR 130487, June 19, 2000

Impartiality of a Judge Soriano v. Angeles, GR 109920, August 31, 2000Almendra v. Asis, AM RTJ-1550, April 6, 2000People v. Zheng Bai Hui, GR 127580, August 22, 2000People v. Genosa, GR 135981, September 29, 2000

Right to a Public Trial In Re Oliver -333 U. S. 237Garcia v. Domingo - L-30104

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Compulsory ProcessFajardo v. Garcia - 98 SCRA 514People v. Yambot, GR 120350, October 13, 2000

Right to Confrontation, to Cross-Examine, or to Meet Witness Face to Face *Tampar v. Usman - 200 SCRA 652People v. Digno - 250 SCRA 237People v. Miyake – 279 SCRA 180People v. Narca – 275 SCRA 696People v. Quidato – GR 117401 October 1, 1998People v. Crispin, 327 SCRA 167People v. Libo-on, G.R. NO. 136737, May 23, 2001Carriaga v. C.A., G.R. No. 143561, June 6, 2001People v. Rivera, G.R. No. 139180, July 31, 2001People v. Monje, GR 146689, Sept. 27, 2002Victorino v. People 509 SCRA 483Herrera v. Sandiganbayan – 579 SCRA 32Ho Wai Pang v. People – GR 1716229, October 19, 2011

Trial in Absentia; Right to Be Present *Carredo v. People - 183 SCRA 273People v. Ravelo - 202 SCRA 655People v. Rivera - 242 SCRA 26People v. Tabag – 268 SCRA 115Parada v. Veneracion – (supra, Right to Bail)

Admissibility of Evidence People v. Morial, G.R. No. 129295, August 15, 2001People v. Tulin, G.R. No. 111709, August 30, 2001

Right to Speedy Disposition of Cases People v. Sesbreno, G.R. No. 121764, September 9, 1999*Binay v. Sandiganbayan, G.R. No. 120681, October 1, 1999Gonzales v. Sandiganbayan - 199 SCRA 299 (no violation)

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.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies

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Socrates v. Sandiganbayan - 253 SCRA 773 (no violation)Bolalin v. Occiano – 266 SCRA 203 (violation)Angchangco v. Ombudsman – 268 SCRA 301 (violation)Lambino v. De Vera – 275 SCRA 60Duterte v. Sandiganbayan – 289 SCRA 721(preliminary investigation, violation)Marcos v. Sandiganbayan – GR 126995 October 6, 1998 (violation)Roque v. Ombudsman – GR 129978 May 12, 1999 (violation)Cervantes v. Sandiganbayan – GR 108595 May 18, 1999 (violation)Dansal v. Fernandez, 327 SCRA 145 ( no violation )Domingo v. Sandiganbayan, 322 SCRA 655 (no violation)Castillo v. Sandiganbayan, GR 109271, March 14, 2000 (no violation)Raro v. Sandiganbayan, GR 108431, July 14, 2000Dela Pena v. Sandiganbayan, G. R. No. 144542, June 29, 2001Lopez v. Ombudsman, G.R. No. 140529, September 6, 2001Lee v. People, Gr137914, Dec. 4, 2002People v. Monje, GR 146689, Sept. 27, 2002Ty-Dazo v. Sandiganbayan, 374 SCRA 200Guiani v. Sandiganbayan, GR 146897, Aug. 6, 2002 (delay in preliminaryinvestigation)Avilla v. Reyes 479 SCRA 334Enriquez v. Office of OMB, 545 SCRA 618OMB v. Jurado, 561 SCRA 135Perea v. People, 544 SCRA 532Gaas v. Mitmug, 553 SCRA 335Roquera v. Chancellor – 614 SCRA 723Lumanog v. People – 630 SCRA 42

Right Against Self-Incrimination *United States v. Navarro - 3 PHIL. 143 (rationale)*United States v. Tan Teng - 23 PHIL.145*United States v. Ong Siu Hong - 36 PHIL. 73 (discharge)*Villaflor v. Summers - 41 PHIL. 62 (pregnancy test)!30*Beltran v. Samson - 53 PHIL. 570 (writing)Bermudez v. Castillo - 64 PHIL. 483Chavez v. CA – L- 29169, Aug.19, 1968*Cabal v. Kapunan, Jr. - L-19052**Pascual, Jr. v. Board of Medical Examiners - L-25018

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

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People v. Gamboa - 194 SCRA 372 (paraffin test)People v. Canceran - 229 SCRA 581 (paraffin test)People v. Tranca - 235 SCRA 455 (x-ray, not a violation)Almonte v. Vasquez – 244 SCRA 286People v. Go – 237 SCRA 73Regala v. Sandiganbayan – 262 SCRA 122People v. Malimit – 264 SCRA 167Galman v. Pamaran – (supra, Custodial Investigation)People v. Banihit, GR 132045, August 25, 2000 (relate to Tan Teng)People v. Besonia, 422 SCRA 210Sabio v. Gordon 504 SCRA 704Benares v. Lim 511 SCRA 100**Standard Chartered v. Senate – 541 SCRA 546

Imbong v. Ochoa, GR 204819, April 8, 2014

Cruel, Degrading or Inhuman Punishment; Excessive Fines *People v. Estoista - 93 PHIL. 647People v. Dapitan - 197 SCRA 378Baylosis v. Chavez - 202 SCRA 405 (modified by Robin Padilla)People v. Munoz - 170 SCRA 107People v. Amigo - 252 SCRA 43*People v. Echegaray – 267 SCRA 682 (death penalty)People v. Tongko – 290 SCRA 595Echegaray v. Secretary of Justice – 12 LR 32 N’98Padilla v. CA – (supra, Right to Bail)People v. Alicante, GR 127026-27, May 31, 2000

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 19. (1) 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.

(2) 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.

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Lim v. People, GR 149276, Sept. 27, 2002People v. Gabiana, GR 123543, August 23, 2000People v. Horio, GR 137842, August 23, 2001Pagdayawon v. Sec. of Justice, GR154569, Sept. 23, 2002Perez v. People, 544 SCRA 532

Imprisonment for Debt **Lozano v. Martinez - 146 SCRA 323 (check)Caram Resources v. Contreras - 237 SCRA 724 (check).Tiomico v. CA – GR 122539 March 4, 1999 (trust receipt)Recuerdo v. People, GR 133036, Jan. 22, 2003 (Check)

SECTION 21. Dismissal at Preliminary Investigation; No JeopardyAttachment of jeopardy *People v. Ylagan - 58 PHIL. 851People v. Balisacan - L-26376Cinco v. Sandiganbayan - 202 SCRA 726People v, Vergara - 221 SCRA 560Navallo v. Sandiganbayan - 234 SCRA 175Galvez v. CA - 237 SCRA 685Cunanan v. Arceo - 242 SCRA 88People v. Tampal - 244 SCRA 202People v. Montesa - 248 SCRA 641De La Rosa v. CA – 253 SCRA 499People v. Leviste - 255 SCRA 238People v. Cawaling – 293 SCRA 267Cudia v. CA – 284 SCRA 173Tecson v. Sandiganbayan, G.R. No. 123045, November 16, 1999Dimatulac v. Villon – GR 127107 October 12, 1999People v. Maquiling – GR 128986 June 21, 1999People v. Nitafan – GR 707964-66 February 1, 1999!31Binay v. Sandiganbayan, G.R. No. 120681, October 1, 1999Limpangog v. Court of Appeals, G.R. No. 134229, November 26, 1999

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

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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Flores v. Joven, GR 129874, Dec. 27, 2002Miranda v. Tuliao 486 SCRA 377Cabo v. Sandiganbayan 491 SCRA 264Romualdez v. Marcelo 497 SCRA 89People v. Terrado, 558 SCRA 84 (acquittal not reviewable)People v. CA – 626 SCRA 352

Termination of Jeopardy; Existence; Non-Termination *Bulaong v. People - 17 SCRA 746Bustamante v. Maceren - 48 SCRA 155People v. Obsania - L-24447Rivera, Jr. v, People - 189 SCRA 331Dizon-Pamintuan v. People - 234 SCRA 63COMELEC v. CA - 229 SCRA 501People v. Bans - 239 SCRA 48State Prosecutors v. Muro - 236 SCRA 505People v. Bellaflor - 233 SCRA 196Guerrero v. CA - 257 SCRA 703Teodoro v. CA - 258 SCRA 603Cuidia v. CA – 284 SCRA 173People v. Lising – 285 SCRA 595People v. Araneta, GR 125894 December 11, 1998, 95 OG 4556Cuison v. CA – 289 SCRA 159People v. CA, GR 128986 June 21, 1999People v. Serrano, G.R. No. 135451, September 30, 1999Barangan v. Court of Appeals, G.R. No. 123307, November 29, 1999People v. Velasco, GR 127444, September 13, 2000Tupaz v. ULEP, G.R. No. 127777, October 1, 1999People v. Verra, GR 134732Merciales v. CA, 379 SCRA 345Poso v. Mijares, AM No. RTJ-02-1693, Aug. 21, 2002People v. Alberto, GR 132374, Aug. 22, 2002Condrada v. People, GR 141646, Feb. 28, 2003People v. Romero, GR144156, March 20, 2003People v. Espinosa, GR 153714, Aug. 15, 2003Oriente v. People – 513 SCRA 348Pacoy v. Cajigal – 534 SCRA 338Summerville v. Eugenio – 529 SCRA 274Herrera v. Sandiganbayan – 579 SCRA 32Javier v. Sandiganbayan – 599 SCRA 324

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Co v. Lim – 604 SCRA 702Lejano v. People – 639 SCRA 760Bangayon v. Bangayon, GR 172777, October 19, 2011Goodland v. Co, GR 196685, December 18, 2011

Rule on “Supervening Facts” *Melo v. People - 85 PHIL. 766*People v. Buling - 107 PHIL. 712

Same Offenses *People v. Tiozon - 198 SCRA 368Lamera v. CA - 198 SCRA 186Gonzales v. CA - 232 SCRA 667People v. Turda - 233 SCRA 702People v. Manungas - 231 SCRA 1People v. Deunida - 231 SCRA 520People v. Fernandez - 239 SCRA 174People v. Quijada – 259 SCRA 191People v. Ballabare – 264 SCRA 350People v. Calonzo – 262 SCRA 534People v. Benemerito – 264 SCRA 677People v. Tobias – 266 SCRA 229People v. Manoyco – 269 SCRA 513People v. Tan Tiong Meng – 271 SCRA 125People v. Sadiosa – 290 SCRA 92People v. Sanchez – 291 SCRA 333People v. Saley – 291 SCRA 715!32People v. Juego – GR 123162 October 13, 1998People v. Ganadin – GR 129441 November 27, 1998People v. Balasa – GR 106357 September 3, 1998Paluay v. CA – 293 SCRA 358People v. Mercado 304 SCRA 504People v. Yabut, G.R. No. 115719, October 5, 1999People v. Ong, 322 SCRA 38People v. Meris, GR 117145-50, March 28, 2000People v. Logan, G.R. No. 135030-33, July 20, 2001.Potot v. People, GR 143547, June 26, 2002People v. CA, 423 SCRA 605Ramiscal v. Sandiganbayan 499 SCRA 375

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People v. Comila – 517 SCRA 153Diaz v. Davao – 520 SCRA 481Merencillo v. People – 521 SCRA 31Lapasaran v. People – 578 SCRA 658*Ivler v. Modesto – 635 SCRA 191People v. Ocden – 650 SCRA 124People v. Lalli, GR 195419, October 12, 2011 (trafficking in person)

No Appeal from Acquittal; Instances of Void Acquittal

People v. Sandiganbayan, 376 SCRA 74Yuchengco v. CA, 376 SCRA 531San Vicente v. People, GR132081, Nov. 26, 2002People v. CA, GR 132396, Sept. 23, 2002People v. Sandiganbayan 491 SCRA 185People v. CA – 516 SCRA 383People v. Laguio – 518 SCRA 393People v. Dumlao – 580 SCRA 409 (void acquittal)Tiu v. CA – 586 SCRA 118People v. De Grano – 588 SCRA 550People v. Nazareno – 595 SCRA 438People v. Duca – 603 SCRA 159 (void acquittal)*Mupas v. People, GR 189365, October 12, 2011 (void order on demurrer)

PartiesMetrobank v. Meridiano, G.R. No. 118251, June 29, 2001 Ordinance and Statute *People v. Relova - 148 SCRA 292

Applied to Impeachment *Estrada v. Desierto, GR 146710-15 and GR 146738, March 2, 2001and MR-GR146710-15 and 146738, April 3, 2001People v. Logan, G.R. No. 135030-33, July 20, 2001.

*People v. Ferrer - 48 SCRA 382*Virata v. Sandiganbayan - 202 SCRA 680Trinidad v. CA - 202 SCRA 106

Section 22. No ex post facto law or bill of attainder shall be enacted.

Ex Post Facto Laws and Bills of Attainder

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People v. Taguba - 229 SCRA 188People v. Sandiganbayan – 211 SCRA 241Co v. CA – 227 SCRA 444Rosales v. CA - 255 SCRA 123Subido v. Sandiganbayan – 266 SCRA 379Sesbreno v. CBAA – 270 SCRA 360People v. Burton – 268 SCRA 531*Lacson v. Executive Secretary, GR 128096 January 20, 1999People v. Nitafan, GR 107964-66 February 1, 1999Fajardo v. CA, GR 128508 February 1, 1999People v. Valdez, GR 127663 March 11, 1999People v. Ringor, G.R. No. 123918, December 9, 1999People v. Magbanua, G.R. No. 128888, December 3, 1999Republic v. Desierto, GR 136506, Aug. 23, 2001People v. Torres - 501 SCRA 591Salvador v. Mapa - ____SCRA 34 [2008]Republic v. Eugenio - 545 SCRA 384Valeroso v. People - 546 SCRA 450Presidential v. Desierto - 548 SCRA

Article IV. CITIZENSHIP

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 reachingthe age of majority; and 4. Those who are naturalized in accordance with law.

Valles v. COMELEC, GR 137000, August 9, 2000Ong Chia v. Republic, GR 127240, March 27, 2000

Children of Filipino fathers or mothers *Gatchalian v. Board of Commissioners – 197 SCRA 853*Tecson v. Comelec, 423 SCRA 277Go v. Ramos – 598 SCRA 266Gonzales v. Rennisi – 614 SCRA 292Cabiling v. Fernandez – 625 SCRA 566

Section 1. The following are citizens of the Philippines:

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Paragraph (3) *Co. v. Electoral Tribunal - 199 SCRA 692*Republic v. Sagun – 666 SCRA 321

Paragraph (4)So v. Republic – 513 SCRA 267

Loss of Citizenship *Yu v. Defensor-Santiago - 169 SCRA 364Frivaldo v. COMELEC - 174 SCRA 245*Frivaldo v. COMELEC – 257 SCRA 727Labo, Jr, v. COMELEC - 176 SCRA 1*Labo, Jr, v. COMELEC – 211 SCRA 297Aznar v. Osmena - 185 SCRA 703*Mercado v. Manzano – GR 135083 May 26, 1999Tabaso v. CA 500 SCRA 9

No Collateral AttackVilando v. HRET – 656 SCRA 17

Bengson v. HRET – GR 142840, May 7, 2001In re Mallare 59 SCRA 344Chen Teck Lao v. Republic 55 SCRA 1Cordero v. COMELEC – 580 SCRA 12

omission they are deemed, under the law, to have renounced it.

RA 9225 “An Act Making the Citizenship of Philippine Citizen who Acquire Foreign Citizenship Permanent”*AASJS-Calilung v. Datumanong, G.R. No. 160869, May 11, 2007

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

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

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Article V. SUFFRAGE

*Macalintal v. COMELEC, GR 157013, July 10, 2003*Nicolas-Lewis v. COMELEC 497 SCRA 649Labo, Jr, v. COMELEC – (supra, Citizenship)Romualdez v. RTC – 226 SCRA 408

Special Registration Before General Elections Akbayan v. COMELEC, GR 147066, March 26, 2001

Article XIII. SOCIAL JUSTICE AND HUMAN RIGHTS

Policy to Remove Inequities *International School Alliance of Educators v. Quisumbing, GR 128845, June 1, 2000

LABOR

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 sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

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Eagle Security v. NLRC - 173 SCRA 479SSS Employees v. CA – (supra, Right to Form Association)De Vera v. NLRC – 200 SCRA 439Republic v. CA - 180 SCRA 428MPSTA v. Laguio (supra, Right to Form Association)Union v. Nestle – 192 SCRA 396Jacinto v. CA – 281 SCRA 657Telefunken Employees Union v. CA, GR 143013-14, December 18, 2000Lanzaderas v. Amethyst Security, GR 143604, June 20, 2003Standard Chartered Bank Employees v Confesor, GR 114974, June 16, 2004Agabon v. NLRC, GR 158693, Nov. 17, 2004

Agrarian Reform

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

Section 4. The State shall, by law, undertaken an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.

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*Assn. of Small Landowners v. Sec. of Agrarian Reform - 175 SCRA 343Tanaka v. Japan - 7 Minshui 1523*Luz Farms v. Sec. of Agrarian Reform – 192 SCRA 51Natalia v. DAR – 225 SCRA 278Phil. Veterans Bank v. CA, GR 132767, January 18, 2000Daez v. CA, GR 133507, February 17, 2000Bautista v. Araneta, GR 135829, February 22, 2000Corpus v. Grospe, GR 135297, June 8, 2000Heirs of Santos v. CA, GR 109992, March 7, 2000Padunan v. DARAB, GR 132163, Jan. 28, 2003*Hacienda Luisita v. PARC – GR No. 171101, July 5, 2011

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide supportto such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

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Urban Land Reform

Dee v. CA, GR 108205, February 15, 2000Reyes v. NHA, GR 147511, Jan. 20, 2003

Macasiano v. NHA – 224 SCRA 236Jumawan v. Eviota – 234 SCRA 524Filstream v. CA – 284 SCRA 716**People v. Leachon – GR 108725 September 25, 1998 (just and humanemanner)

Human Rights

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

Section 17. (1) There is hereby created an independent office called the Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

*CHR Employees v. CHR 496 SCRA 226

Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

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(4) Exercise visitatorial powers over jails, prisons, or detention facilities;

(10) Appoint its officers and employees in accordance with law; and(11) Perform such other duties and functions as may be provided by law.

Powers of the Commission on Human Rights *Carino v. CHR - 204 SCRA 483 (no adjudicating power, no contempt)EPZA V. CHR, et. al. – 208 SCRA 125 (no injunctive power)*Simon v. CHR – 229 SCRA 117 (no injunctive power)

Article XIV – Education, Science and Technology, Arts, Culture and Sports

Natural and Primary Right of Parents Meyer v. Nebraska - 262 US 390Pierce v. Society of Sisters - 262 US 510Wisconsin v. Yoder - 406 US 205Ginsberg v. New York - 390 US 629

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation onducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

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Quality and accessibility of educational system *DECS v. San Diego - 180 SCRA 534Non v. Judge Dame - 185 SCRA 523

Duty of Institutions *Miriam College v. CA, GR 127930, December 15, 2000

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

Academic freedom of “institutions of higher learning".*Garcia v. Faculty Admission, 68 SCRA 277BME v. Judge Alfonso - 176 SCRA 304Lupangco v. CA - 160 SCRA 848*University of San Carlos v. CA - 166 SCRA 570Capitol Medical Center v CA - 178 SCRA 493Reyes v. CA – 194 SCRA 402Tan v. CA – 199 SCRA 212Camacho v. Coresis, GR 134372, Aug. 22, 2002

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster lover of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non- academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

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Civil Service Commission v. Sojor – 554 SCRA 160Regino v. Pangasinan Colleges of S&T, GR 156109, Nov 18, 2004

Language

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Science and Technology

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system. Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self- reliant scientific and technological capabilities, and their application to the country's productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

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Arts and Culture

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the partronage of the State. The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

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ARTICLE XV THE FAMILY

(3) The right of the family to a family living wage and income; and

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

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3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching

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RA 9225 “An Act Making the Citizenship of Philippine Citizen who Acquire Foreign Citizenship Permanent”

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or

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The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

consti assss

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