Philippine Law Basics & Bill of Rights - Cheat sheet
Your last-minute revision companion for Philippine Law Basics & Bill of Rights - covering all essential concepts for PNPAE success
Sources and Hierarchy of Laws
Important facts
- Hierarchy: Constitution > Treaties > Statutes > Executive Orders > Admin Regulations > Local Ordinances
- Lower law inconsistent with higher law is invalid
- Treaties need Senate concurrence to be valid
- Administrative regulations issued by executive agencies like PNP
Key definitions
Constitution
Example
All laws must conform to constitutional provisions
Supreme law of the land - 1987 Philippine Constitution
Statutes
Example
Republic Act 3815 - Revised Penal Code
Laws passed by Congress like Revised Penal Code
Precedent
Example
Miranda doctrine from US adapted to Philippine law
Supreme Court rulings that become binding law
Diagrams to know
- Law hierarchy pyramid
- Three branches of government
Criminal Law Basics
Important facts
- Most crimes need both actus reus and mens rea
- Stages: Consummated (completed), Frustrated (not achieved), Attempted (commenced)
- Felonies vs Offenses (special penal laws)
- Crime classifications: against persons, property, chastity, public order
Key definitions
Crime
Example
Theft under Article 308 of Revised Penal Code
Act or omission punishable by law prosecuted by the state
Actus Reus
Example
Taking someone else's property without consent
The criminal act - physical element of crime
Mens Rea
Example
Intent to gain in theft cases
Criminal intent - mental element of crime
Felony
Example
Homicide, theft, physical injuries
Crime under Revised Penal Code - intentional or negligent
Diagrams to know
- Elements of crime flowchart
- Stages of crime execution
Bill of Rights - Key Sections
Important facts
- Section 1: Due process and equal protection
- Section 2: Search and seizure - warrant requirements
- Section 12: Custodial investigation rights
- Section 14: Rights of accused - presumption of innocence
- Section 17: Right against self-incrimination
- Section 21: No double jeopardy
Key definitions
Due Process
Example
Right to fair trial before conviction
No deprivation of life, liberty, property without proper legal procedure
Probable Cause
Example
Required for search warrants and arrests
Reasonable belief that crime was committed and person committed it
Miranda Rights
Example
You have the right to remain silent
Rights during custodial investigation - silence, counsel, informed of rights
Double Jeopardy
Example
Acquitted of murder cannot be tried again for same killing
Cannot be tried twice for same offense
Diagrams to know
- Bill of Rights sections overview
- Miranda rights procedure
Search and Arrest Procedures
Important facts
- Warrant requirements: probable cause, judge-issued, particular description
- Warrantless arrest: in flagrante delicto, hot pursuit, escaped prisoner
- Warrantless search: incident to arrest, plain view, consent, exigent circumstances
- Stop and frisk allowed on reasonable suspicion (limited)
- Evidence from illegal search is inadmissible
Key definitions
Search Warrant
Example
Judge-issued warrant to search specific house for drugs
Court order authorizing search based on probable cause
Warrantless Search
Example
Search incident to lawful arrest
Legal search without warrant under specific circumstances
Arrest Warrant
Example
Judge issues warrant based on complaint and evidence
Court order to arrest specific person for specific crime
Citizen's Arrest
Example
Store owner arrests shoplifter caught in act
Private person arrests someone caught committing crime
Diagrams to know
- Warrant vs warrantless procedures
- Search and seizure flowchart
Special Penal Laws
Important facts
- Special penal laws create offenses outside Revised Penal Code
- RA 10883 - New Anti-Carnapping Act
- RA 9745 - Anti-Torture Act
- RA 11313 - Safe Spaces Act (Bawal Bastos)
- RA 11648 - raised age of sexual consent to 16
Key definitions
RA 9165
Example
Possession, sale, use of illegal drugs
Comprehensive Dangerous Drugs Act - anti-drug law
RA 9262
Example
Physical, sexual, psychological violence against women/children
Anti-Violence Against Women and Children Act
RA 10175
Example
Online fraud, identity theft, cybersex
Cybercrime Prevention Act - internet crimes
RA 10591
Example
Illegal possession and manufacture of firearms
Comprehensive Firearms and Ammunition Regulation Act
Diagrams to know
- Major special penal laws timeline
- Drug law enforcement procedure
Court System
Important facts
- Hierarchy: Supreme Court > Court of Appeals > RTC > MTC
- Specialized courts: Sandiganbayan, Court of Tax Appeals, Sharia Courts
- Court of Appeals - intermediate appellate court
- Family courts handle domestic relations cases
Key definitions
Supreme Court
Example
Reviews death penalty cases, constitutional issues
Highest court - final interpreter of laws and Constitution
Regional Trial Court
Example
Tries felony cases, civil cases over certain amounts
First-level courts of general jurisdiction
Municipal Trial Court
Example
Traffic violations, small claims, preliminary investigations
Lower courts handling minor offenses and civil cases
Sandiganbayan
Example
Plunder cases against government officials
Special court for graft and corruption cases of public officials
Diagrams to know
- Philippine court system hierarchy
- Case flow through courts
Must remember
- Miranda rights must be given during custodial investigation
- Search warrant needs probable cause and judge's signature
- Constitution is supreme law - all others must conform
- Warrantless arrest allowed only in flagrante delicto, hot pursuit, escaped prisoner
- Evidence from illegal search is inadmissible in court
- Right against self-incrimination - cannot be forced to testify against self
- Double jeopardy - cannot be tried twice for same offense
- Due process required before depriving life, liberty, property
- Police use of force must be necessary and proportionate
- Age of sexual consent in Philippines is 16 years old
Last minute tips
- Focus on Section 2 (search/seizure) and Section 12 (Miranda rights) - frequently tested
- Remember the three warrantless arrest situations: flagrante delicto, hot pursuit, escaped prisoner
- Know the difference between felonies (RPC) and offenses (special laws)
- Miranda rights apply only during custodial investigation, not general questioning
- Constitutional rights protect everyone, including suspects - police must respect these
Comparison tables
With Warrant vs Without Warrant
| Aspect | With Warrant | Without Warrant |
|---|---|---|
| Search | Standard procedure | Exception - incident to arrest, plain view, consent |
| Arrest | Standard procedure | In flagrante delicto, hot pursuit, escaped prisoner |
| Requirements | Probable cause, judge-issued | Immediate circumstances, personal knowledge |
| Evidence | Admissible if valid | Admissible if exception applies |
Felonies vs Offenses
| Aspect | Felonies | Offenses |
|---|---|---|
| Source | Revised Penal Code | Special Penal Laws |
| Classification | Intentional or Negligent | Various classifications |
| Examples | Murder, theft, rape | Drug possession, cybercrime, carnapping |
| Penalties | Imprisonment, fine, destierro | Varies per special law |
Diagrams
Philippine Law Basics Overview
Comprehensive overview showing the structure and relationships of Philippine law components
Search and Arrest Decision Process
Step-by-step decision tree for police search and arrest procedures showing warrant vs warrantless situations
Major Philippine Laws Timeline
Chronological timeline of major Philippine laws relevant to police work and PNPAE exam