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Right to Confrontation, to Cross-Examine, or to Meet Witness Face to Face

*Tampar v. Usman - 200 SCRA 652


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

Trial in Absentia; Right to Be Present


*Carredo v. People - 183 SCRA 273
People v. Ravelo - 202 SCRA 655
People v. Rivera - 242 SCRA 26
People v. Tabag 268 SCRA 115
Parada v. Veneracion (supra, Right to Bail)

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

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

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, 1999
Gonzales v. Sandiganbayan - 199 SCRA 299 (no violation)
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 60
Duterte 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, 2000
Dela Pena v. Sandiganbayan, G. R. No. 144542, June 29, 2001
Lopez v. Ombudsman, G.R. No. 140529, September 6, 2001
Lee v. People, Gr137914, Dec. 4, 2002
People v. Monje, GR 146689, Sept. 27, 2002
Ty-Dazo v. Sandiganbayan, 374 SCRA 200
Guiani v. Sandiganbayan, GR 146897, Aug. 6, 2002 (delay in preliminary
investigation)
Avilla v. Reyes 479 SCRA 334
Enriquez v. Office of OMB, 545 SCRA 618
OMB v. Jurado, 561 SCRA 135
Perea v. People, 544 SCRA 532
Gaas v. Mitmug, 553 SCRA 335
Roquera v. Chancellor 614 SCRA 723
Lumanog v. People 630 SCRA 42

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

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. 483
Chavez v. CA L- 29169, Aug.19, 1968
*Cabal v. Kapunan, Jr. - L-19052
**Pascual, Jr. v. Board of Medical Examiners - L-25018
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 286
People v. Go 237 SCRA 73
Regala v. Sandiganbayan 262 SCRA 122
People v. Malimit 264 SCRA 167
Galman v. Pamaran (supra, Custodial Investigation)
People v. Banihit, GR 132045, August 25, 2000 (relate to Tan Teng)
People v. Besonia, 422 SCRA 210
Sabio v. Gordon 504 SCRA 704
Benares v. Lim 511 SCRA 100
**Standard Chartered v. Senate 541 SCRA 546
Dela Cruz v. People of the Phil. GR No. 200748, July 23 2014

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.

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

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.

Cruel, Degrading or Inhuman Punishment; Excessive Fines


*People v. Estoista - 93 PHIL. 647
People v. Dapitan - 197 SCRA 378
Baylosis v. Chavez - 202 SCRA 405 (modified by Robin Padilla)
People v. Munoz - 170 SCRA 107
People v. Amigo - 252 SCRA 43
*People v. Echegaray 267 SCRA 682 (death penalty)
People v. Tongko 290 SCRA 595
Echegaray v. Secretary of Justice 12 LR 32 N98
Padilla v. CA (supra, Right to Bail)
People v. Alicante, GR 127026-27, May 31, 2000
Lim v. People, GR 149276, Sept. 27, 2002
People v. Gabiana, GR 123543, August 23, 2000
People v. Horio, GR 137842, August 23, 2001
Pagdayawon v. Sec. of Justice, GR154569, Sept. 23, 2002
Perez v. People, 544 SCRA 532

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

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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. 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.

Dismissal at Preliminary Investigation; No Jeopardy


Attachment of jeopardy
*People v. Ylagan - 58 PHIL. 851
People v. Balisacan - L-26376
Cinco v. Sandiganbayan - 202 SCRA 726
People v, Vergara - 221 SCRA 560
Navallo v. Sandiganbayan - 234 SCRA 175
Galvez v. CA - 237 SCRA 685
Cunanan v. Arceo - 242 SCRA 88
People v. Tampal - 244 SCRA 202
People v. Montesa - 248 SCRA 641
De La Rosa v. CA 253 SCRA 499
People v. Leviste - 255 SCRA 238
People v. Cawaling 293 SCRA 267
Cudia v. CA 284 SCRA 173
Tecson v. Sandiganbayan, G.R. No. 123045, November 16, 1999
Dimatulac v. Villon GR 127107 October 12, 1999
People v. Maquiling GR 128986 June 21, 1999
People v. Nitafan GR 707964-66 February 1, 1999
!31
Binay v. Sandiganbayan, G.R. No. 120681, October 1, 1999
Limpangog v. Court of Appeals, G.R. No. 134229, November 26, 1999
Flores v. Joven, GR 129874, Dec. 27, 2002
Miranda v. Tuliao 486 SCRA 377
Cabo v. Sandiganbayan 491 SCRA 264
Romualdez v. Marcelo 497 SCRA 89
People v. Terrado, 558 SCRA 84 (acquittal not reviewable)
People v. CA 626 SCRA 352
People v. CA, G.R. No. 183652, 2015

Termination of Jeopardy; Existence; Non-Termination


*Bulaong v. People - 17 SCRA 746
Bustamante v. Maceren - 48 SCRA 155
People v. Obsania - L-24447
Rivera, Jr. v, People - 189 SCRA 331
Dizon-Pamintuan v. People - 234 SCRA 63
COMELEC v. CA - 229 SCRA 501
People v. Bans - 239 SCRA 48
State Prosecutors v. Muro - 236 SCRA 505
People v. Bellaflor - 233 SCRA 196
Guerrero v. CA - 257 SCRA 703
Teodoro v. CA - 258 SCRA 603
Cuidia v. CA 284 SCRA 173
People v. Lising 285 SCRA 595
People v. Araneta, GR 125894 December 11, 1998, 95 OG 4556
Cuison v. CA 289 SCRA 159
People v. CA, GR 128986 June 21, 1999
People v. Serrano, G.R. No. 135451, September 30, 1999
Barangan v. Court of Appeals, G.R. No. 123307, November 29, 1999
People v. Velasco, GR 127444, September 13, 2000
Tupaz v. ULEP, G.R. No. 127777, October 1, 1999

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People v. Verra, GR 134732
Merciales v. CA, 379 SCRA 345
Poso v. Mijares, AM No. RTJ-02-1693, Aug. 21, 2002
People v. Alberto, GR 132374, Aug. 22, 2002
Condrada v. People, GR 141646, Feb. 28, 2003
People v. Romero, GR144156, March 20, 2003
People v. Espinosa, GR 153714, Aug. 15, 2003
Oriente v. People 513 SCRA 348
Pacoy v. Cajigal 534 SCRA 338
Summerville v. Eugenio 529 SCRA 274
Herrera v. Sandiganbayan 579 SCRA 32
Javier v. Sandiganbayan 599 SCRA 324
Co v. Lim 604 SCRA 702
Lejano v. People 639 SCRA 760
Bangayon v. Bangayon, GR 172777, October 19, 2011
Goodland 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 368
Lamera v. CA - 198 SCRA 186
Gonzales v. CA - 232 SCRA 667
People v. Turda - 233 SCRA 702
People v. Manungas - 231 SCRA 1
People v. Deunida - 231 SCRA 520
People v. Fernandez - 239 SCRA 174
People v. Quijada 259 SCRA 191
People v. Ballabare 264 SCRA 350
People v. Calonzo 262 SCRA 534
People v. Benemerito 264 SCRA 677
People v. Tobias 266 SCRA 229
People v. Manoyco 269 SCRA 513
People v. Tan Tiong Meng 271 SCRA 125
People v. Sadiosa 290 SCRA 92
People v. Sanchez 291 SCRA 333
People v. Saley 291 SCRA 715
!32
People v. Juego GR 123162 October 13, 1998
People v. Ganadin GR 129441 November 27, 1998
People v. Balasa GR 106357 September 3, 1998
Paluay v. CA 293 SCRA 358
People v. Mercado 304 SCRA 504
People v. Yabut, G.R. No. 115719, October 5, 1999
People v. Ong, 322 SCRA 38
People v. Meris, GR 117145-50, March 28, 2000
People v. Logan, G.R. No. 135030-33, July 20, 2001.
Potot v. People, GR 143547, June 26, 2002
People v. CA, 423 SCRA 605
Ramiscal v. Sandiganbayan 499 SCRA 375
People v. Comila 517 SCRA 153
Diaz v. Davao 520 SCRA 481
Merencillo v. People 521 SCRA 31
Lapasaran v. People 578 SCRA 658
*Ivler v. Modesto 635 SCRA 191
People v. Ocden 650 SCRA 124
People v. Lalli, GR 195419, October 12, 2011 (trafficking in person)

No Appeal from Acquittal; Instances of Void Acquittal

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

Parties
Metrobank 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-GR
146710-15 and 146738, April 3, 2001
People v. Logan, G.R. No. 135030-33, July 20, 2001.

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

Ex Post Facto Laws and Bills of Attainder


*People v. Ferrer - 48 SCRA 382
*Virata v. Sandiganbayan - 202 SCRA 680
Trinidad v. CA - 202 SCRA 106
People v. Taguba - 229 SCRA 188
People v. Sandiganbayan 211 SCRA 241
Co v. CA 227 SCRA 444
Rosales v. CA - 255 SCRA 123
Subido v. Sandiganbayan 266 SCRA 379
Sesbreno v. CBAA 270 SCRA 360
People v. Burton 268 SCRA 531
*Lacson v. Executive Secretary, GR 128096 January 20, 1999
People v. Nitafan, GR 107964-66 February 1, 1999
Fajardo v. CA, GR 128508 February 1, 1999
People v. Valdez, GR 127663 March 11, 1999
People v. Ringor, G.R. No. 123918, December 9, 1999
People v. Magbanua, G.R. No. 128888, December 3, 1999
Republic v. Desierto, GR 136506, Aug. 23, 2001
People v. Torres - 501 SCRA 591
Salvador v. Mapa - ____SCRA 34 [2008]
Republic v. Eugenio - 545 SCRA 384
Valeroso v. People - 546 SCRA 450
Presidential v. Desierto - 548 SCRA
Presidential Commission on Good Government (PCGG) v. Carpio Morales, 740 SCRA 368
(2014)

Article IV. CITIZENSHIP

Section 1. The following are citizens of the Philippines:


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 reaching
the age of majority; and

5
4. Those who are naturalized in accordance with law.

Valles v. COMELEC, GR 137000, August 9, 2000


Ong 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 277
Go v. Ramos 598 SCRA 266
Gonzales v. Rennisi 614 SCRA 292
Cabiling v. Fernandez 625 SCRA 566

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

Paragraph (4)
So v. Republic 513 SCRA 267
Go v. Republic, G.R. No. 202809, 729 SCRA 138, July 2 2014
Republic of the Philippines v. Huang Te Fu, G.R. No. 200983, 2015

Loss of Citizenship
*Yu v. Defensor-Santiago - 169 SCRA 364
Frivaldo v. COMELEC - 174 SCRA 245
*Frivaldo v. COMELEC 257 SCRA 727
Labo, Jr, v. COMELEC - 176 SCRA 1
*Labo, Jr, v. COMELEC 211 SCRA 297
Aznar v. Osmena - 185 SCRA 703
*Mercado v. Manzano GR 135083 May 26, 1999
Tabaso v. CA 500 SCRA 9
David v. Agbay, G.R. No. 199113, March 18, 2015
Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 8, 2016

No Collateral Attack
Vilando v. HRET 656 SCRA 17

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.

Bengson v. HRET GR 142840, May 7, 2001


In re Mallare 59 SCRA 344
Chen Teck Lao v. Republic 55 SCRA 1
Cordero v. COMELEC 580 SCRA 12

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

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

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

Article V. SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified

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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.

*Macalintal v. COMELEC, GR 157013, July 10, 2003


*Nicolas-Lewis v. COMELEC 497 SCRA 649
Labo, Jr, v. COMELEC (supra, Citizenship)
Romualdez v. RTC 226 SCRA 408
The Diocese of Bacolod v. Comelec, GR No. 205728, 747 SCRA 1, Jan 21, 2015

Special Registration Before General Elections


Akbayan v. COMELEC, GR 147066, March 26, 2001

Article XIII. SOCIAL JUSTICE AND HUMAN RIGHTS

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.

Policy to Remove Inequities


*International School Alliance of Educators v. Quisumbing, GR 128845, June 1, 2000

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

LABOR
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.

Eagle Security v. NLRC - 173 SCRA 479


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

7
Agrarian Reform
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.

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.

*Assn. of Small Landowners v. Sec. of Agrarian Reform - 175 SCRA 343


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

Urban Land Reform


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.

Dee v. CA, GR 108205, February 15, 2000


Reyes v. NHA, GR 147511, Jan. 20, 2003

8
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.

Macasiano v. NHA 224 SCRA 236


Jumawan v. Eviota 234 SCRA 524
Filstream v. CA 284 SCRA 716
**People v. Leachon GR 108725 September 25, 1998 (just and humane
manner)
Kalipunan ng Damayang Mahihirap v. Jessie Robredo, GR No. 200903, 730 SCRA 322, July 22,
2014

Human Rights
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;
(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;
(4) Exercise visitatorial powers over jails, prisons, or detention facilities;
(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;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.

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.

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

9
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.

Natural and Primary Right of Parents


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

Quality and accessibility of educational system


*DECS v. San Diego - 180 SCRA 534
Non v. Judge Dame - 185 SCRA 523

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.

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

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

Cudia v. PMA GR No. 211362, February 24, 2015

(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.

Academic freedom of institutions of higher learning".


*Garcia v. Faculty Admission, 68 SCRA 277
BME v. Judge Alfonso - 176 SCRA 304
Lupangco v. CA - 160 SCRA 848
*University of San Carlos v. CA - 166 SCRA 570
Capitol Medical Center v CA - 178 SCRA 493
Reyes v. CA 194 SCRA 402
Tan v. CA 199 SCRA 212
Camacho v. Coresis, GR 134372, Aug. 22, 2002
Civil Service Commission v. Sojor 554 SCRA 160
Regino v. Pangasinan Colleges of S&T, GR 156109, Nov 18, 2004

Language

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,

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English.
The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.

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.

Science and Technology

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.

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.

Arts and Culture

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

Sports

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.

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

ARTICLE XV THE FAMILY

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.

Ronulo v. People GR No. 182483

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