1. Concept a. Scope The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Rosete v. Lim, G.R. No. 136051, 08 June 2006) The right is not to be compelled to be a witness against himself. It secures to…
1. Concept All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Section 16, Article III, 1987 Constitution) This right to a speedy trial may be defined as one free from vexatious, capricious and oppressive delays, its “salutary objective” being to assure that an innocent…
1. Concept No person shall be held to answer for a criminal offense without due process of law. (Section 14[1], Article III, 1987 Constitution) A day in court is the touchstone of the right to due process in criminal justice. It is an aspect of the duty of the government to follow a fair process…
1. Concept Miranda rights. The guarantees of Sec. 12 (1), Art. III of the 1987 Constitution, or the so-called Miranda rights, may be invoked only by a person while he is under custodial investigation. (People v. Amestuzo, G.R. No. 104383, 12 July 2001) Custodial investigation. Custodial investigation – involves any questioning initiated by law enforcement…
1. Concept Free access to courts and adequate legal assistance. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Section 11, Article III, 1987 Constitution) a. Equal access Free access to the courts and adequate legal assistance are among the fundamental…
1. Concept No law impairing the obligation of contracts shall be passed. (Section 10, Article III, 1987 Constitution) a. Freedom to contract – not absolute The freedom to contract is not absolute; all contracts and all rights are subject to the police power of the State and not only may regulations which affect them be…
1. Concept The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. (Section 8, Article III, 1987 Constitution) a. Not contrary to law Nonetheless, the Constitution limits this particular freedom in the sense that there…
1. Concept Eminent domain – is the power of the State to take private property for public use. It is an inherent power of State as it is a power necessary for the State’s existence; it is a power the State cannot do without. As an inherent power, it does not need at all to…
1. Concept a. Scope Right to information. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the…
1. Political speech a. Concept Freedom of expression is the freedom to disseminate ideas and beliefs, whether competing, conforming or otherwise. It is the freedom to express to others what one likes or dislikes, as it is the freedom of others to express to one and all what they favor or disfavor. It is the…