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19 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald "TAKING" A. Elements: CODE: E P A P O 1. The e xpropriator enters the property 2. The entrance must not be for a momentary period, i.e., it must be p ermanent 3. Entry is made under warrant or color of legal a uthority 4. P roperty is devoted to public use 5. Utilization of the property must be in such a way as to o ust the owner anddeprive him of the beneficial enjoyment of his property.B. Comp ensable taking does not need to involve all the property interests whichform par t of the right of ownership. When one or more of the property rightsare appropri ated and applied to a public purpose, there is already acompensable taking, even if bare title still remains with the owner. "PUBLIC USE" 1.Public use, for purposes of expropriation, is synonymous with public welfareas the latter term is used in the concept of police power.2.Examples of public use include land reform and socialized housing. "JUST COMPENSATION" 1.Compensation is just if the owner receives a sum equivalent to the marketvalue of his property. Market value is generally defined as the fair value of the pro perty as between one who desires to purchase and one who desiresto sell.2.The po int of reference use in determining fair value is the value at the timethe prope rty was taken. Thus, future potential use of the land is notconsidered in comput ing just compensation. Judicial review of the exercise of the power of eminent domain

1.To determine the adequacy of the compensation2.To determine the necessity of t he taking3.To determine the "public use" character of the taking. However, if th eexpropriation is pursuant to a specific law passed by Congress, the courtscanno t question the public use character of the taking. When municipal property is taken by the State: Compensation is required if the property is a patrimonial property, that is, pro pertyacquired by the municipality with its private funds in its corporate or pri vate capacity.However, if it is any other property such a public buildings or le gua comunal held by themunicipality for the State in trust for the inhabitants, the State is free to dispose of it atwill. Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of the complai nt for expropriation.Exception: When the filing of the case comes later than the time of taking andmeanwhile the value of the property has increased because of the use to which theexpropriator has put it, the value is that of the time of th e earlier taking. BUT if the valueincreased independently of what the expropriat or did, then the value is that of the latter filing of the case. 20 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald Section 10. No law impairing the obligation of contracts shall be passed.When do es a law impair the obligation of contracts: 1)If it changes the terms and conditions of a legal contract either as to the ti me or mode of performance2)If it imposes new conditions or dispenses with those expressed3)If it authorizes for its satisfaction something different from that p rovided in its terms.A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which still leaves an efficacious remedy for enforcement does NOTimpair the obligation of contracts.A valid exercise of polic e power is superior to obligation of contracts. Section 12. Rights of person under investigation for the commission of anoffense .Rights of person under investigation for the Commission of an offense CODE:SCIS I 1) Right to remain s ilent 2) Right to have c ompetent and i ndependent counsel, preferably of his own choice 3) Right to provided with the s

ervices of counsel if he cannot afford the services of one. 4) Right to be i nformed of these rights. When rights are available: 1)AFTER a person has been taken into custody or 2)When a person is otherwise dep rived of his freedom of action in any significant way.3)When the investigation i s being conducted by the government (police, DOJ, NBI)with respect to a criminal offense.4)Signing of arrest reports and booking sheets. When rights are not available: 1)During a police line-up. Exception: Once there is a move among the investigato rs toelicit admissions or confessions from the suspect.2)During administrative i nvestigations.3)Confessions made by an accused at the time he voluntarily surren dered to the policeor outside the context of a formal investigation.4)Statements made to a private person. Exclusionary rule 1)Any confession or admission obtained in violation of this section shall beinad missible in evidence against him (the accused).2)Therefore, any evidence obtaine d by virtue of an illegally obtained confession is alsoinadmissible, being the f ruit of a poisoned tree. Requisites of valid waiver: 1)Waiver should be made in WRITING2)Waiver should be made in the PRESENCE OF COU NSEL. Section 13. Right to bailWho are entitled to bail: 1)All persons ACTUALLY DETAINED2)shall, BEFORE CONVICTION3)Be entitled to bail. 21 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald Who are not entitled to bail: 1)Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong2)Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.3)Persons who are members of the AFP facing a court martial. Other rights in relation to bail. 1)The right to bail shall NOT be impaired even when the privilege of the writ of habeascorpus is suspended.2)Excessive bail shall not be required. Factors considered in setting the amount of bail: 1)Ability to post bail2)Nature of the offense3)Penalty imposed by law4)Character and reputation of the accused5)Health of the accused6)Strength of the evidence7 )Probability of appearing at the trial8)Forfeiture of previous bail bonds9)Wheth er accused was a fugitive from justice when arrested10)If accused is under bond in other cases Implicit limitations on the right to bail: 1.The person claiming the right must be in actual detention or custody of the la

w.2.The constitutional right is available only in criminal cases, not, e.g. in d eportationproceedings. Note: 1.Right to bail is not available in the military.2.Apart from bail, a person may attain provisional liberty through recognizance. Section 14. Rights of an accusedRights of a person charged with a criminal offen se 1.Right to due process of law2.Right to be presumed innocent3.Right to be heard by himself and counsel4.Right to be informed of the nature and cause of the accu sation against him5.Right to have a speedy, impartial and public trial6.Right to meet the witnesses face to face7.Right to have compulsory process to secure the attendance of witnesses and theproduction of evidence in his behalf DUE PROCESS This means that the accused can only be convicted by a tribunal which is require d tocomply with the stringent requirements of the rules of criminal procedure. PRESUMPTION OF INNOCENCE The Constitution does not prohibit the legislature from providing that proof of certainfacts leads to a prima facie presumption of guilt, provided that the fact s proved have areasonable connection to the ultimate fact presumed.Presumption o f guilt should not be conclusive. 22 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald RIGHT TO BE HEAR BY HIMSELF AND COUNSEL The right to be heard includes the following rights: 1.Right to be present at the trialA.The right to be present covers the period fr om ARRAIGNMENT toPROMULGATION of sentence.B.After arraignment, trial may proceed notwithstanding absence of accused,provided 2 requisites are met. Note, that tr ial in absentia is allowed only if theaccused has been validly arraigned.(i)Accu sed has been duly notified; and(ii)His failure to appear is unjustifiable. C. The accused may waive the right to be present at the trial by not showingup. How ever, the court can still compel the attendance of the accused if necessary for identification purposes. EXCEPTION: If the accused, after arraignment, has stipu lated that he is indeed the person charged with theoffense and named in the info rmation, and that any time a witness refers to aname by which he is known, the w itness is to be understood as referring tohim.D.While the accused is entitled to be present during promulgation of judgement, the absence of his counsel during such promulgation does notaffect its validity.2. Right to counsel(a)Right to co unsel means the right to EFFECTIVE REPRESENTATION.(b)If the accused appears at a rraignment without counsel, the judge must:(i)Inform the accused that he has a r ight to a counsel beforearraignment(ii)Ask the accused if he desires the aid of counsel(iii)If the accused desires counsel, but cannot afford one, a counselde o ficio must be appointed(iv)If the accused desires to obtain his own counsel, the court mustgive him a reasonable time to get one.3. Right to an impartial judge4

. Right of confrontation and cross-examination5. Right to compulsory process to secure the attendance of witnesses RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM Purposes of the right: 1)To furnish the accused with a description of the charge against him as will en ablehim to make his defenses2)To avail himself of his conviction or acquittal ag ainst a further prosecution for thesame cause3)To inform the court of the facts alleged.If the information fails to allege the material elements of the offense, the accused cannotbe convicted thereof even if the prosecution is able to prese nt evidence during the trialwith respect to such elements.The real nature of the crime charged is determined from the recital of facts in theinformation. It is not determined based on the caption or preamble thereof nor from thespecificatio n of the provision of law allegedly violated. 23 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL Factors used in determining whether the right to a speedy trial has been violate d 1)Time expired from the filing of the information2)Length of delay involved3)Rea sons for the delay4)Assertion or non-assertion of the right by the accused5)Prej udice caused to the defendant. Effect of dismissal based on the ground of violation of the accuseds right tospee dy trial If the dismissal is valid, it amounts to an acquittal and can be used as basis t o claimdouble jeopardy. This would be the effect even if the dismissal was made with theconsent of the accused Remedy of the accused if his right to speedy trial has been violated He can move for the dismissal of the case.If he is detained, he can file a petit ion for the issuance of writ of habeas corpus. Definition of impartial trial The accused is entitled to the cold neutrality of an impartial judge.It is an elem ent of due process. Definition of public trial The attendance at the trial is open to all irrespective of their relationship to the accused.However, if the evidence to be adduced is offensive to decency or pu blic morals, thepublic may be excluded.The right of the accused to a public trial is not violated if the hearings are conducted onSaturdays, either with the cons ent of the accused or if failed to object thereto. RIGHT TO MEET WITNESS FACE TO FACE Purposes of the right: 1.To afford the accused an opportunity to cross-examine the witness2.To allow th e judge the opportunity to observe the deportment of the witness Failure of the accused to cross-examine a witness If the failure of the accused to cross-examine a witness is due to his own fault

or was notdue to the fault of the prosecution, the testimony of the witness sho uld be excluded. When the right to cross-examine is demandable It is demandable only during trials. Thus, it cannot be availed of during prelim inaryinvestigations. Principal exceptions to the right of confrontation 1.The admissibility of dying declarations2.Trial in absentia under Section 14(2)3. With respect to child testimony 24 POLITICAL LAW (C ONSTITUTIONAL L AW )REVIEWER & MEMORY AIDA TENEO C ENTRAL B AR O PERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald Section 16. All persons shall have the right to a speedy disposition of their ca sesbefore all judicial, quasi-judicial, or administrative bodies.Distinction bet ween Section 14 and Section 16 While the rights of an accused only apply to the trial phase of criminal cases, the right toa speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-J UDICIAL or ADMINISTRATIVE proceedings. Section 17. No person shall be compelled to be a witness against himself.When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness wo uldestablish a fact which would be a necessary link in a chain of evidence to pr ove thecommission of a crime by the accused or the witness. Distinction between an accused and an ordinary witness 1.An accused can refuse to take the witness stand by invoking the right against self-incrimination.2.An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific questions which would incriminate him in the com mission of an offense. Scope of right 1.What is PROHIBITED is the use of physical or moral compulsion to extortcommuni cation from the witness or to otherwise elicit evidence which would notexist wer e it not for the actions compelled from the witness.2.The right does NOT PROHIBI T the examination of the body of the accused or theuse of findings with respect to his body as physical evidence. Hence, thefingerprinting of an accused would n ot violate the right against self-incrimination.However, obtaining a sample of t he handwriting of the accused would violate thisright if he is charged for falsi fication.3.The accused cannot be compelled to produce a private document in his possessionwhich might tend to incriminate him. However, a third person in custod y of thedocument may be compelled to produce it. When the right can be invoked: 1.In criminal cases2.In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property) Who can invoke the right: Only natural persons. Judicial persons are subject to the visitorial powers of t he state inorder to determine compliance with the conditions of the charter gran ted to them.

Section 18. Right against involuntary servitudeDefinition of involuntary servitu de It is every condition of enforced or compulsory service of one to another no mat ter under what form such servitude may be disguised. Exceptions: 1.Punishment for a crime for which the party has been duly convicted2.Personal m ilitary or civil service in the interest of national defense3.Return to work ord er issued by the DOLE Secretary or the President of 93 Leave a Comment Submit Characters: 400 Upload Search Follow Us!scribd.com/scribdtwitter.com/scribdfacebook.com/scribd AboutPressBlogPartnersScribd 101Web StuffSupportFAQDevelopers / APIJobsTermsCopy rightPrivacy Copyright 2012 Scribd Inc.Language:English