Tuesday, September 16, 2014

CITIZENSHIP - ARTICLE IV 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

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 cralaw
    [4] Those who are naturalized in accordance with law.

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 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.

Bill of Rights - ARTICLE III 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
 

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.


(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Section 7. 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 citizen, subject to such limitations as may be provided by law.

Section 8. 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 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. 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 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 vitiate 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.
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.
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.

 
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.

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

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.

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. 


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

REPUBLIC ACT No. 18 - Kidnapping and Serious Illegal Detention


Kidnapping and serious illegal detention


REPUBLIC ACT No. 18
AN ACT TO AMEND ARTICLES SIXTY-TWO, TWO HUNDRED AND SIXTY-SEVEN, TWO HUNDRED AND SIXTY-EIGHT, TWO HUNDRED AND SEVENTY, TWO HUNDRED AND SEVENTY-ONE, TWO HUNDRED AND NINETY-FOUR, AND TWO HUNDRED AND NINETY-NINE OF THE REVISED PENAL CODE

Section 1.    The last paragraph of article sixty-two of the Revised Penal Code is hereby amended to read as follows:

"For the purposes of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or oftener."

Section 2.    Article two hundred sixty-seven of the Revised Penal Code is hereby amended to read as follows:

"Art. 267.    Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion temporal in its maximum period to death:

"1.    If the kidnapping or detention shall have lasted more than five days.
"2.    If it shall have been committed simulating public authority. chan robles virtual law library
"3.    If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made.   chan robles virtual law library
"4.    If the person kidnapped or detained shall be a minor, female or a public officer.

"The penalty shall be reclusion perpetua to death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense."

Section 3.    Article two hundred and sixty-eight of the Revised Penal Code is hereby amended to read as follows:

"Art. 268.    Slight illegal detention. — The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.cralaw

"The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.  chan robles virtual law library

"If the offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not exceeding seven hundred pesos."

Section 4.    Article two hundred and seventy of the Revised Penal Code should be amended to read as follows:

"Art. 270.    Kidnapping and failure to return a minor. — The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians."

Section 5.    Article two hundred and seventy-one of the Revised Penal Code should be amended to read as follows:

"Art. 271.    Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody. chan robles virtual law library

"If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both." chan robles virtual law library

Section 6.    Cases 2, 4 and 5 of Article two hundred ninety-four of the Revised Penal Code are hereby amended to read as follows:

   The penalty of reclusion temporal in its medium period to reclusion perpetua, when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of article 263 shall have been inflicted. chan robles virtual law library

"4.    The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said article 263.

"5.    The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases."

Section 7.    The first paragraph of article two hundred ninety-nine of the Revised Penal Code is hereby amended to read as follows:

"Art. 299.    Robbery in an inhabited house or public building or edifice devoted to worship. — Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the value of the property taken shall exceed two hundred fifty pesos, and if:  chan robles virtual law library

"(a)    The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:

"1.    Through an opening not intended for entrance or egress.
"2.    By breaking any wall, roof, or floor or breaking any door or window.
"3.    By using false keys, picklocks or similar tools.
"4.    By using any fictitious name or pretending the exercise of public authority.cralaw

"Or if ...cralaw

"(b)    The robbery be committed under any of the following circumstances:

"1.    By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
"2.    By taking such furniture or objects away to be broken or forced open outside the place of the robbery."

Section 8.    This Act shall take effect upon its approval.

Approved: September 25, 1946