Section 12

What are the rights available to a person under investigation?

1.) the right to remain silent;

2.) the right to competent and independent counsel preferably of his
own choice;
3.) the right to be informed of such rights.

In Miranda vs Arizona, the US Supreme Court the following

constitutional requirements must be observed in custodial
investigation:

1.) The person in custody must be informed at the outset in clear and
unequivocal terms that he has a right to remain silent;
2.) After being informed, he must be told that anything he say can and
will be used against him in court;
3.) He must be clearly informed that he has the right to consult with a
lawyer and to have the lawyer with him during the investigation.
4.) He should be warned that not only has he the right to consult with a
lawyer but also that if he is indigent, a lawyer will be appointed to
represent him.
5.) Even if the person consents to answer questions without the
assistance of counsel, the moment he asks for a lawyer at any point in
the investigation, the interrogation must cease until an attorney is
present.
6.) If the foregoing protection and warnings are not demonstrated
during the trial to have been observed by the prosecution, no evidence
obtained as a result of the interrogation can be used against him.

Who are NOT deemed independent counsel?

1.) Special counsel, public/private prosecutor, counsel of the police, or

a municipal attorney whose interest is adverse to the accused;
2.) Mayor;
3.) Barangay Captain; and
4.) Any other whose interest may be adverse to that of the accused.

Fundamental requisites for an extrajudicial confession to be

admissible in evidence:

1.) Confession must be voluntary;

2.) confession must be made with the assistance of competent and
independent counsel;
3.) confession must be express;
4.) confession must be I writing;
5.) signed , or if the confessant does not know how to read and write,
thumbmarked by him.

Section 13

Why is bail awarded to the accused?

1.) to honor the presumption of innocence until his guilt is proven

beyond reasonable doubt; and
2.) to enable him to prepare his defense without being subject to
punishment prior to conviction.

Bail may be granted in extradite only upon clear and

convincing evidence showing:

1.) that he will not be a flight risk or a danger to the community; and
2.) that there exist special, humanitarian and compelling
circumstances. (Rodriguez vs. Judge)

The court had occasion to recall the factors which must be

considered in determining bail:
1.) ability to post bail
2.) nature of the offense
3.) penalty imposed by law
4.) character and reputation of the accused
5.) health of the accused
6.) strength of the evidence
7.) probability of appearing for trial
8.) forfeiture of bonds
9.) whether the accused was a fugitive from justice when arrested
10.)if under bond in other cases

Section 14

Elements of the general rights to be heard:

1.) the right to be present at trial
2.) the right to counsel
3.) the right to an impartial judge
4.) the right of confrontation
5.) the right to compulsory process to secure the attendance of
witnesses

Requisites of a valid trial in absentia

1.) the accused has already been arraigned
2.) he has been duly notified of the trial
3.) his failure to appear is unjustifiable

Pre-arraignment duties of the trial Judge:

1.) to inform the accused that he has the right to have his own counsel
before being arraigned;
2.) after giving such information, to ask accused whether he desires
the aid of counsel;
3.) if he so desires to procure the services of counsel, the court must
grant him reasonable time to do so; and
4.) if he so desires to have counsel but is unable to employ one, the
court must assign counsel de officio to defend him.

Criminal information contain for it to comply with the constitutional

right of the accused to be informed of the nature and cause of the
accusation against him:
1.) the name of the Accused
2.) the designation given to the offense by the statute
3.) a statement of the acts or omissions so complained of as
constituting an offense
4.) the name of the offended party
5.) approximate time and fate of the commission of the offense
6.) the place where the offense have been committed

What is the purpose of the right to confrontation?

1.) to afford the accused on opportunity to test the testimony of the
witness by cross-examination.
2.) allow the judge to observe the deportation of the witnesses

What are the principal exceptions to the right of confrontation ?

1.) admissibility of dying declaration
2.) trial in absentia in section 14(2)

Section 16
Factors considered in speedy disposition of case:
1.) Length of delay
2.) reason of the delay
3.) assertion of a right or failure to assert
4.) prejudice cause by the delay

Section 18
Exceptions to the rule against involuntary servitude:
1.) involuntary servitude may be imposed as a punishment for a crime
whereof the party shall have been duly convicted.
2.) in the interest of national defense all citizens may be compelled by
law to render military or civic service
3.) a return to work order.

Section 19
Guides for the determination of a punishment id cruel and unusual:
1.) a punishment must not be so severe as to be degrading to the
dignity of the human beings
2.) it must not be applied arbitrarily
3.) it must not be unacceptable to contemporary society
4.) it must not be excessive

Why constitution abolish death penalty:

1.) it inflicts traumatic pain not just to the convict but also on his
family, even if the penalty is not carried
2.) there is no convincing evidence that it acts effectively as a
deterrent of serious crimes
3.) penology favors reformative than vindictive penalties
4.) life is too precious a gift to be placed at the discretion of a human
judge
5.) the law itself, by imposing so many safeguards before a death
penalty is carried out, manifests reluctance to impose the death
penalty

Section 20
When can a person be imprisoned for fraudulent debt:
1.) if the fraudulent debt constitute a crime
2.) debtor has been duly convicted

Section 21

Requisites for a valid defense of double jeopardy:

1.) a first jeopardy must have attached prior to the second
2.) the first jeopardy must have terminated
3.) the second jeopardy must be for the same offense as that in the
first

When does Jeopardy of punishment attach?

1.) upon a good indictment
2.) before a competent court
3.) after arraignment
4.) after plea

how is jeopardy terminated ?

1.) by acquittal
2.) by final conviction
3.) by dismissal without express consent of the accused
4.) by dismissal on the merits

Section 22

Ex post facto law?

1.) which makes an action done before the passing of the law and
which was innocent when done criminal, and punishes such actions;
2.) which aggrevates a crime or makes it greater than when it was
committed;
3.) which changes the punishment and inflicts a greater punishment
than the law annexed to the crime when it was committed
4.) which alters the legal rules of evidence and receives less or
different testimony than the law required at the time of the
commission of the offense in order to convict the defendant
5.) assumes to regulate civil rights and remedies only but in effect
imposes a penalty or deprivation of a right which when done was
lawful
6.) deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a former
conviction or acquittal, or a proclamation of amnesty.

Essential elements of a bill of attainder:

1.) there must be a law
2.) law imposes penal burden on a named individual or easily
ascertainable members of a group
3.) penal burden imposed directly by the law without judicial trial.

Citizenship

Section 1

The following are citizens of the PH:

1.) those who are citizens of the Philippines at the time of adoption of
this constitution.
2.) Those whose father or mothers are citizens of the Philippines.
3.) Those born before Jan. 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.
4.) Those who are naturalized in accordance with law.
What are the modes of acquiring citizenship?

1.) Jus Sangunis acquisition of citizenship on the basis of blood

relationship.
2.) Jus Soli - acquisition of citizenship on the basis of birth place.
3.) Naturalization the legal act of adopting an alien and clothing him
with the privilege of a native born citizen.

How is Election made?

1.) must be expressed in a statement sworn before any officer
authorized to administer oaths
2.) filed with the nearest civil registry and
3.) accompanied by an oath of allegiance to the Philippine
sConstitution

Laws of Naturalization:
1.) Genaral law of naturalization
2.) Special law of Naturalization
3.) Mass naturalization Law
4.) General law of naturalization

2 kinds of requirement for naturalization: (under revised naturalization

law)
1.) Subtantive; and
2.) Procedural.

Substantive requirement for naturalization:

1.) prescribe requirement of age;
2.) residence;
3.) moral character and political belief;
4.) real property or lucrative occupation;
5.) language;
6.) education of children

Procedural Requirement :
1.) declaration of intention
2.) filing of petition
3.) hearing and initial judgment
4.) period of probation
5.) rehearing and final judgment

Requirements under administrative naturalization law:

Substantive:
1.) born in the PH and residing herein
2.) not be < 18 years old at the time of filing
3.) good moral character
4.) received primary and secondary education
5.) known trade, business, profession or lawful occupation
6.) able to read write and speak filipino
7.) must have mingled with Filipinos and dsired to learn and embrace
the customs
Who may be repatriated under Art. 8171?
1.) woman who lost their citizenship by marriage
2.) lost by reason of political and economic reasons

How is repatriation accomplished:

1.) taking the necessary oath of allegiance
2.) registration in the proper civil registrar and bureau of immigration

Requirement for PH citizenship to run for office:

1.) to take oath of allegiance under Sec. 3 RA 9225
2.) to additionally execute a personal and sworn renunciation of any
and all foreign citizenship before an authorized public officer prior or
simultaneous to the filing of their certificates of candidacy, to qualify
as candidates in Philippine election.

Article V Suffrage

Who may Exercise Suffrage:

1.) all citizens of the Philippines not otherwise disqualified by law
2.) who are at least 18 years of age
3.) who shal have resided in the PH for atleast 1 year
4.) and in the place wherein they propose to vote for at least six
months immediately preceding the election

In order to acquire domicile by choice, the following must concur:

1.) residence or bodily presence in the new locality
2.) intention to remain ther
3.) intention to abandon the old domicile.

Person not qualified to vote:

1.) any person who has been sentenced by final judgment to suffer an
imprisonment of not less than one year, such disability not having
been moved by plenary pardon: Provided, however that any person
disqualified to vote under this paragraph shall automatically reacquire
the right to vote upon expiriation of 5 years after service of sentence.
2.) any person who has been adjudged by final judgment by competent
court of having violated his allegiancento the republic of the
Philippines.
3.) Insane or feeble-minded person.

Article 13
Social justice

Goals of Agrarian Reform:

1.) efficient production
2.) a more equitable distribution of land which recognizes the right of
farmers and regular farm workers who are landless to own the land
they till; and
3.) a just share of other or seasonal farm workers in the fruits and of
land

Section 14
Education
3 principal characteristics of the educational system which the state
must promote and protect:
1.) quality education that is education that is of high academic
standards
2.) affordable education, that is , education that is financially within the
reach not just of the wealthy;
3.) education that is relevant to the needs of people and society.

Procedural due process on disciplining students:

1.) students must be informed in writing of the nature and cause of any
accusation
2.) right to answer the charges with assistance od counsel
3.) informed of evidence against them
4.) right to adduce evidence in their own behalf
5.) duly considered by the investigating committee or officials of
schools

May schools take disciplinary actions outside of school?

NO except:
1) in respect ot violations of school policies in connection with school
sponsored activities
2.) where th misconduct affectsthe students status or the good name
or reputation of the school

What aspect of education are Filipinized?

1.) ownership
2.) control and administration
3.) student population

What are evicence to be granted tax exemption under the law:

1.) falls under non-stock, non-profit educational institution
2.)used usually directly and exclusively for educational purposes only

Academic Freedom means:

1.) the teacher is entitled to full freedom in research and in the
publication of the results, subject to the adequate performance of his
other academic duties
2.) the teacher s entitled to the freedom in the classroom in discussing
his subject, but he should be careful not to introduce into his teaching
controversial matter which has no relation to his subject
3.) the college or university teacher is citizen, a member of learned
profession, and an officer in an educational institution.