consti i nachura

8/20/2019 Consti I Nachura

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Nachura Notes – Constitutional Law

I. GENERAL PRINCIPLES

A. Political Law – branch of public lawwhich deals with the organization and

operations of the governmental organs of the

State and defines the relations of the Statewith the inhabitants of its territory.

B. Scope/Division1. Constitutional Law – study of the

maintenance of the proper balance betweenauthority as represented by the 3 inherent

powers of the State and liberty as guaranteed by the Bill of Rights

2. Administrative Law – Fixes theorganization of the government;

Determines the competence of theadministrative authorities who execute the

law; andIndicates to the individuals remedies for

the violation of his right.3. Law on Municipal Corporations

4. Law of Public Officers5. Election Law

C. Basis of the Study

1. 1935 and 1973 Constitution2. 1986 Constitution

3.

Other organic laws made to apply in thePhilippines

4. Statutes, EOs and decrees, judicialdecisions

5. US Constitution

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution1. Definition

a. The body of rules and maxims inaccordance with which the powers of

sovereignty are habitually exercised. b. That written instrument enacted by the

direct action of the people, by which the fundamental powers of the

government are established, limited anddefined;

and by which those powers aredistributed among several departments for

their safe and useful exercise for the benefit of the body politic.

2. Purpose

a.

Prescribe permanent framework of asystem of government; b. Assign to several departments their

respective powers and dutiesc. Establish certain first principles on

which the government is founded3. Classification

a. Written – precepts are embodied in onedocument/ set of documents

Unwritten – rules which have not beenintegrated into a single, concrete form

but are scattered in various sources (statutes, judicial decisions, commentaries,

customs and traditions, common law principles).

b. Enacted (Conventional) – formallystruck off at a definite time and place

following a conscious or deliberate efforttaken by a constituent body or ruler.

Evolved (Cumulative) – result of political evolution, changing by

accretion rather than by any systematicmethod.

c.

Rigid – amended only by formal andusually difficult process

Flexible – changed by ordinarylegislation

4. Qualities of a good written Constitutiona. Broad – comprehensive enough to

provide for every contingency b. Brief – confine to basic principles to be

implementedc. Definite – to prevent ambiguity

5. Essential parts of a good writtenConstitution

a. Constitution of Liberty – sets forth thecivil and political rights of the citizens and

imposing limitations on the powers of thegovernment

b. Constitution of Government – outlinesthe organization of the government;


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enumerates its powers; and lay down rulesrelative to its administration

c. Constitution of Sovereignty – points outthe mode or procedure in accordance with

formal changes in the fundamental law may

be brought about6. Interpretation/Construction of theConstitution

a. Verba legis: given their ordinarymeaning except where technical terms are

employed b. Ratio legis et anima: ambiguity ! intent

of the framers, bearing in mind the objectssought to be accomplished and evils sought

to be prevented; doubtful provision shall beexamined in light of the history of the times

and the conditions and circumstances underwhich the Constitution was framed

c. Ut magis valeat quam pereat:Constitution to be interpreted as a whole

- Safer to construe the Constitution fromwhat “appears upon its face.” If, however,

the plain meaning of the word is not foundto be clear, resort to other aids is available.

- In case of doubt, consider provisions asself-executing; mandatory rather than

directory; and prospective rather thanretroactive.

-

Self-executing provisions: one that laysdown principle is usually not self-executing.

That which is complete in itself and becomes operative without the aid of

supplementary or enabling legislation, orthat which supplies a sufficient rule by

means of which the right it grants may beenjoyed or protected, is self-executing.

- Self-executing if the nature and extent ofthe right conferred and liability imposed are

fixed by the Constitution itself.-

Section 26, Article II of the Constitution

does NOT contain judicially enforceableconstitutional rights.

B. Brief Constitutional History1. Malolos Constitution

2. American Regime and Other OrganicActs

3. 1935 Constitution4. Japanese Occupation

5. 1973 Constitution6. 1987 Constitution

C. Amendment1. Amendment – isolated or piecemealchange in the Constitution

Revision – revamp or rewriting of theentire instrument

2. Legislative Power – merely providesdetails for implementation

3. Stepsa. Proposal

- Congress, ! of ALL its members…understood as ! of Senate and ! of HRs

-

Constitutional Convention, called intoexistence by 2/3 a vote of all the members of

Congress with the question of whether ornot to call a convention to be resolved by the

people in a plebiscite- People through Power of Initiative,

petition of at least 12% of the total numberof registered voters, of which every

legislative district must be represented by atleast 3% of the registered voters therein !

power of the people to propose amendmentsto the Constitution or to propose and enact

legislation through an election called for that purpose

" Limitation: No amendment w/in 5 years

following the ratification of this Constitution

nor more than once every five yearsthereafter.

" 3 systems of initiative:

(1) Initiative on the Constitution

(2) Initiative on Statutes(3) Initiative on Local Legislation

- Choice of method of proposal is withinthe full discretion of the legislature

- 3 Theories on the position of aConstitutional Convention vis-à-vis the

regular departments of government(1) Theory of Conventional Sovereignty

(2) Convention is inferior to otherdepartments


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(3) Independent of and co-equal to the otherdepartments

b. Ratification- Ratified by a majority of the votes cast

in a plebiscite held not earlier than 60 nor

later than 90 days after the approval of the proposal by Congress or the ConstitutionalConvention, or after the certification by the

COMELEC of the sufficiency of theinitiative.

- Doctrine or proper submission:Constitution prescribes the time frame

within which the plebiscite is to be held,there can no longer be any question on

whether the time given to the people todetermine the merits and demerits of the

proposed amendment is adequate.-

Plebiscite may be held on the same day

as a regular election.- Entire Constitution must be submitted

for ratification at one plebiscite only.- The people have to be given a “proper

frame of reference” in arriving at theirdecision.

4. Judicial Review of Amendments – issueis whether or not the constitutional

provisions had been followed.

E. The Power of Judicial Review1. Judicial Review – power of the courts to

test the validity of executive and legislativeacts in light of their conformity with the

Constitution.- Power is inherent in the Constitution.

- Section 1, Article VII of theConstitution: Judicial power includes the

duty of the courts of justice to settle actualcontroversies involving rights which are

legally demandable and enforceable, and todetermine whether or not there has been a

grave abuse of discretion amounting to lackor excess of jurisdiction on the part of any

branch or instrumentality of Government.2. Who may exercise

- Power of the SC to decide constitutionalquestions.

- Constitutional appellate jurisdiction ofthe SC and implicitly recognizes the

authority of lower courts to decide questionsinvolving the constitutionality of laws,

treaties, agreements, etc.

-

Notice to SolGen is mandatory to enablehim to decide whether or not hisintervention in the action is necessary.

3. Functions of Judicial Review(1) Checking

(2) Legitimizing(3) Symbolic

4. Requisites(1) Actual case or controversy

(2) Constitutional question must be raised by the proper party

-

A party’s standing in court is a

procedural technicality which may be setaside by the Court in view of the importance

of the issues involved; paramount publicinterest/transcendental importance

- “Present substantial interest” – suchinterest of a party in the subject matter of the

action as will entitle him under substantivelaw, to recover of the evidence is sufficient,

or that he has a legal title to defend and thedefendant will be protected in payment to or

recovery from him.- A taxpayer, or group of taxpayers, is a

proper party to question the validity of a lawappropriating public funds.

- 2 Requisites for Taxpayer’s Suit:(1) Public funds are disbursed by a political

subdivision or instrumentality(2) A law is violated or irregularity is

committed(3) Petitioner is directly affected by the ultra

vires act-

The Government is a proper party to

question the validity of its own laws, because more than any one, it should be

concerned with the constitutionality of itsacts


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" The established rule is that a party canquestion the validity of a statute only if, as

applied to him, it is unconstitutional." Exception: Facial Challenge, when it

operates in the area of freedom of

expression." Overbreadth Doctrine: permits a party tochallenge the validity of a statute even

though, as applied to him, it is notunconstitutional, but it might be if applied to

other not before the Court whose activitiesare constitutionally protected.

" Invalidation of the statute “on its face”,rather than “as applied” is permitted in the

interest of preventing a “chilling effect” onfreedom of expression.

"

Facial challenge is the most difficultchallenge because the challenge must

establish that no set of circumstances existsunder which the act would be valid.

- The constitutional question must beraised at the earliest possible opportunity

- The decision on the constitutionalquestion must be determinative of the case

itself.- Bars judicial inquiry into a constitutional

question unless the resolution isindispensable to the determination of the

case.- Every law has in its favor the

presumption of constitutionality, and to justify its nullification, there must be a clear

and unequivocal breach of the Constitution.

5. Effects of Declaration ofUnconstitutionality

- Orthodox View: unconstitutional act isnot a law, it confers no rights and imposes

no duties; it affords no protection, creates nooffice; it is inoperative as if it had not been

passed at all.- Modern View: certain legal effects of the

statute prior to its declaration ofunconstitutionality may be recognized.

6. Partial Unconstitutionality

- Legislature must be willing to retain thevalid portions ! separability clause

- Valid portion can stand independently aslaw

III. THE PHILIPPINES AS A STATEState: a community of persons, more or lessnumerous, permanently occupying a definite

portion of territory, independent of externalcontrol and possessing a government to

which a great body of inhabitants renderhabitual obedience.

State is a legal or juristic concept; nation is

an ethnic or racial concept.Government is an instrumentality of the

State through which the will of the State isimplemented and realized.

Elements:

(1) People(2) Territory

Components:1) Terrestrial

2) Fluvial3) Maritime

4) Aerial(3) Government

(4)

Sovereignty

Archipelago Doctrine: the waters around, between and connecting the islands of the

archipelago, regardless of their breadth anddimensions, form part of the internal waters

of the Philippines.

Straight Baseline Method: Imaginarystraight lines are drawn joining the

outermost points of outermost islands of thearchipelago, enclosing an area the ratio of

which should not be more than 9:1; providedthat the drawing of the baselines shall not

depart, to any appreciable extent, from thegeneral configuration of the archipelago.

Functions of the Government:


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(1) Constituent – mandatory for theGovernment to perform because they

constitute the very bonds of society(2) Ministrant – intended to promote the

welfare, progress and prosperity of the

people and which are merely optional forGovernment to perform

Doctrine of Parens Patriae: parents of the people; the Government may act as guardian

of the rights of the people who may bedisadvantaged or suffering from some

disability or misfortune.

Classification(1) De jure

De facto – Kinds1)

Takes possession or control of, or

usurps, by force or by the voice of themajority, the rightful legal government and

maintains itself against the will of the latter;2) Established by the inhabitants of a

territory who rise in insurrection against the parent state; and

3) Established by invading forces of anenemy who occupy a territory in the course

of war (de facto government of paramountforce).

(2)

Presidential – separation of executiveand legislative powers

Parliamentary – fusion of both executiveand legislative in Parliament; actual

exercise of executive powers is vested ina Prime Minister who is chosen by, and

accountable to the Parliament(3) Unitary

Federal

Sovereignty: supreme and uncontrollable power inherent in a State by which that State

is governedKinds:

1) Legal – power to issue final commandsPolitical – sum total of all the influences

which lie behind the law

2) Internal – supreme power overeverything within the territory

External/Independence – freedom fromexternal control

Characteristics:1) Permanence2) Exclusiveness

3) Comprehensiveness4) Absoluteness

5) Indivisibility6) Inalienability

7) Imprescriptibility

Effects of Change in Sovereignty:Political laws are abrogated; municipal laws

remain in force

Effects of Belligerent Occupation: Nochange in sovereignty.

" Political laws, except the law on treason,are suspended;

" Municipal laws remain in force unlessrepealed by belligerent occupant;

" At the end of belligerent occupation, political laws shall automatically become

effective again (doctrine of jus postliminium)

Dominium – capacity to acquire or own

propertyImperium – authority possessed by the

State embraced in the concept ofsovereignty

Jurisdiction

Territorial: power of the State over persons and things within its territory.

Exemption:(1)

Foreign states, head of states, diplomatic

representatives and consuls to a certaindegree;

(2) Foreign state property, includingembassies, consulates and public vessels

engaged in non-commercial activities;(3) Acts of state


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(4) Foreign merchant vessels exercising therights of innocent passage or involuntary

entry such as arrival under stress(5) Foreign armies passing through or

stationed in its territory with its permission;

and(6) Other persons or property, includingorganizations like the UN, over which it

may, by agreement, waive jurisdiction.

Personal: power of the State over itsnationals, which may be exercised by the

State even of the individual is outside theterritory of the State.

Extraterritorial: power exercised by

the State beyond its territory,example:

(1) Assertion of its personal jurisdictionover its nationals abroad or the exercise of

its right to punish offenses committedoutside its territory against its national

interests even if the offenders are non-resident aliens;

(2) By virtue of its relations with otherstates/territories (as when it establishes a

colonial protectorate or a condominium oradministers a trust territory or occupies

enemy territory in the course of war);(3) Local state waives jurisdiction over

persons and things within its territory;(4) Principle of extraterritoriality

(5) Enjoyment of easements or servitudes(easement of innocent passage or arrival

under stress)(6) Exercise of jurisdiction by the state in

the high seas over its vessels, over pirates, inthe exercise of the right to visit and search,

and under doctrine or hot pursuit;(7)

Exercise of limited jurisdiction over the

contiguous zone and the patrimonial sea, to prevent infringement of its customs, fiscal,

immigration or sanitary regulations.

State Immunity from Suit: The State cannot be sued without its consent.

" Royal Prerogative of Dishonesty: Therecan be no legal right against the authority

which makes the law on which the rightdepends. It may be sued if its gives consent.

" Par in parem non habet imperium:

Immunity is enjoyed by other States. TheHead of the State, who is deemed the personification of the State, is inviolable and

enjoys immunity.

Test to Determine if Suit is Against the State" Whether it requires an affirmative act

from the state.

Suit against Government Agencies1. Incorporated – if the charter provides

that the agency can sue and be sued, thensuit will lie, including one for tort. The

provision in the charter constitutes expressconsent on the part of the State to be sued.

" Municipal corporations, agencies of thestate when they are engaged in

governmental functions and should enjoysovereign immunity from suit. They are

subject to suit even in the performance ofsuch functions because their respective

charters provide that they can sue and besued. (Section 22 LGC)

2.

Unincorporated – inquire into the principal functions

" If governmental: no suit without consent" If proprietary: suit will lie, because when

the State engages in principally proprietaryfunctions, then it descends to the level of a

private individual, and may therefore bevulnerable to suit.

Suit Against Public Officers: The doctrine of

state immunity also applies to complaintsfiled against officials of the State for acts

performed by them in the discharge of theirduties within the scope of their authority.

Exceptions: (may be sued without priorconsent from State)

1. to compel him to do an act required bylaw;


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2. to restrain him from enforcing an actclaimed to be unconstitutional;

3. to compel the payment of damages froman already appropriated assurance fund or to

refund tax over-payments from a fund

already available for the purpose;4. to secure a judgment that the officerimpleaded may satisfy by himself without

the State having to do a positive act to assisthim;

5. where government itself has violated itsown laws, because the doctrine of state

immunity “cannot be used to perpetrate aninjustice”

Where a public officer has committed an

ultra vires act, or there is a showing of badfaith, malice or gross negligence, then the

officer can be held personally accountable.

In order that suit may lie against the state,there must be consent. Where no consent is

shown, state immunity from suit may beinvoked as a defense by the courts sua

sponte at any stage of the proceedings.Express consent: general law or special

lawImplied consent

1.

state commences a litigation2. state enters into a business contract

Scope of consent: consent to be sued does

not include consent to the execution of judgment against it. Such execution will

require another waiver.

Suability is not equated with outrightliability. Liability will have to be determined

by the court on the basis of the evidence andthe applicable law.

IV. FUNDAMENTAL POWERS OF

THE STATE

Inherent powers of the State

1. Police Power2. Eminent Domain

3. Power of Taxation

Similarities1. inherent in the state, without need of

express constitutional grant

2.

necessary and indispensable3. methods by which the state interfereswith private property

4. presupposes equivalent compensation5. exercised primarily by legislature

Distinctions

1. Police power regulates liberty and property

Eminent domain and taxation affectsonly property rights

2.

Police power and taxation are exercisedonly by government

Eminent domain may be exercised by private entities

3. Property taken in police power is usuallynoxious or intended for noxious purposes

and may be destroyedIn eminent domain and taxation, the

property is wholesome and devoted to publicuse/purpose.

4. Compensation in police power is theintangible, altruistic feeling that the

individual has contributed to the publicgood;

In eminent domain, it is the full and fairequivalent of the property taken;

In taxation, it is the protection givenand/or public improvements instituted by

government for taxes paid.

Limitations1. Bill of Rights

2. Courts may annul improvident exerciseof police power

Police Power

" Power of promoting public welfare byrestraining and regulating the use of liberty

and property.


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" Most pervasive, least limitable and mostdemanding of the three powers.

" Justification: salus populi est supremalex and sic utere tuo ut alienum non laedas

Who may exercise?" Inherently vested in Legislature" Congress may validly delegate this

power to the President, administrative bodies and to lawmaking bodies of LGUs.

" LGUs exercise this power under thegeneral welfare clause

Limitations (test for valid exercise)

" Lawful subject: interest of the public;activity or property sought to be regulated

affects the general welfare; if it does thenthe enjoyment of the rights flowing

therefrom may have to yield to the interestof the greater number.

" Lawful means: means employed arereasonably necessary for the

accomplishment of the purpose and notunduly oppressive on individuals.

" Express grant by law" Within territorial limits (for LGUs

except when exercised to protect watersupply)

" Must not be contrary to law

For Municipal Ordinances to be Valid:(1) Must not contravene the Constitution or

the statute(2) Must not be unfair or oppressive

(3) Must not be partial or discriminatory(4) Must not prohibit but may regulate trade

(5) Must not be unreasonable(6) Must be general in application and

consistent with public policy

Power of Eminent Domain (Power ofExpropriation)

Jurisdiction

" RTC

Who may exercise the power" Congress

" By delegation, the President,administrative bodies, LGUs and even

private enterprises performing public

services

Requisites

(1) Necessity(2) Private Property, except money and

choses in action(3) Taking in the constitutional sense

(4) Public use(5) Just Compensation – full and fair

equivalent of the property taken; fair marketvalue of the property

Judicial Prerogative

" Ascertainment of what constitutes justcompensation for property taken in eminent

domain cases is a judicial prerogative.

Form of Compensation" Paid in money and no other form.

" In agrarian reform, payment is allowedto be made partly in bonds because under

the CARP, “we do not deal with thetraditional exercise of the power of eminent

domain; we deal with a revolutionary kindof expropriation.”

Reckoning point of market value of the

property" Date of the taking or the filing of the

complaint, whichever comes first.

Principal criterion in determining justcompensation

" Character of the land at the time of thetaking

Entitlement of owner to interest

" When there is delay in the payment of just compensation, the owner is entitled to

payment of interest if claimed; otherwise,interest is deemed waived;


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" Interest is 6% per annum, prescribed inArticle 2209 of the CC, NOT 12% per

annum under Central Bank Circular No.416, latter applies to loans or forbearances

of money, goods or credits or judgments

involving such loans or forbearance ofmoney, goods or credits. The kind of interesthere is by way of damages.

" In some expropriation cases, the courtimposes 12% ! damages for delay in

payment which, in effect, makes theobligation on the part of government one of

forbearance.

Who else may be entitled to justcompensation

"

Owner" Those who have lawful interest

Title to the property

" Does not pass until after payment

Right of landowner in case of non- payment of just compensation

" Does not entitle to recover possession ofthe expropriated lots

" Only to demand payment of the FMV ofthe property

Due process of law

" Defendant must be given an opportunityto be heard

Writ of Possession, ministerial upon:

(1) Filing of complaint for expropriationsufficient in form and substance

(2) Upon deposit by the government of theamount equivalent to 15% of the FMV of

the property per current tax declaration

The plaintiff’s right to dismiss thecomplaint has always been subject to Court

approval and to certain conditions, because the landowner may have already

suffered damages at the start of thetaking.

Right to repurchase or re-acquire the

property" Property owner’s right to repurchase the

property depends upon the character of the

title acquired by the expropriator: if land isexpropriated for a particular purpose withthe condition that when that purpose is

ended or abandoned, the property shallrevert to the former owner, the former owner

can re-acquire the property.

Lands for socialized housing are to beacquired in the following order:

(1) Government lands(2) Alienable lands of the public domain

(3)

Unregistered, abandoned or idle lands;(4)

Lands within the declared Areas for

Priority Development, Zonal ImprovementProgram sites, Slum Improvement and

Resettlement sites which have not yet beenacquired;

(5) BLISS sites which have not yet beenacquired; and

(6) Privately owned lands

The mode of expropriation is subject to 2conditions:

(1)

Resorted to only when the other modesof acquisition have been exhausted

(2) Parcels owned by small property ownersare exempt from such acquisition

Small property owners:

(1) Owners of residential lots not more than300 sq. m. in highly urbanized cities and not

more than 800 sq. m. in other urban areas(2) They do not own residential property

other than the same

Power of Taxation

Who may exercise" Legislature

" Local legislative bodies


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" To a limited extent, the President, whengranted delegated tariff powers

Limitations on the exercise

" Due process of law, must not be

confiscatory" Equal protection clause, must be uniformand equitable

" Public purpose

Double taxation" Additional taxes are laid on the same

subject by the same taxing jurisdictionduring the same taxing period and for the

same purpose.

Tax Exemptions" No law granting tax exemption shall be

passed without the concurrence of a majorityof all the Members of Congress.

" Charitable institutions, churches and parsonages or convents appurtenant thereto,

mosques, non-profit cemeteries, and alllands, buildings and improvements actually,

directly and exclusively used for religious,charitable or educational purposes !

exempt" Revenues and assets of non-stock, non-

profit educational institutions used actually,directly and exclusively for educational

purposes ! exempt" Proprietary educational institutions !

may be exempt subject to limitations provided by law

" Grants, endowments, donations, orcontributions used actually, directly, and

exclusively for educational purposes ! exempt

Police Power vs. Taxation

" License fee v. Tax ! license fee is a police measure; tax is revenue measure

" Amount collected for a license fee islimited to the cost of permit and reasonable

police regulation (except when the licensefee is imposed on a non-useful occupation);

amount of tax may be unlimited provided itis not confiscatory

" License fee is paid for the privilege ofdoing something and may be revoked when

public interest so requires; tax is imposed on

persons or property for revenue

Kinds of license fee

(1) For useful occupation/enterprises(2) Non-useful occupation/enterprises (when

used to discourage, it may be a bitexorbitant)

V. PRINCIPLES AND STATE POLICES

Preamble

"

Does not confer rights nor impose duties" Indicates authorship of the Constitution

" Enumerates the primary aims andaspirations of the framers

" Serves as an aid in the construction ofthe Constitution

Republicanism

" The Philippines is a democratic andrepublican state. Sovereignty resides in the

people and all government authorityemanates from them.

" Essential features(1) Representation

(2) Renovation" Manifestations

(1) Government of law and not of men(2) Rule of majority

(3) Accountability of public officials(4) Bill of rights

(5) Legislature cannot pass irrepealable laws(6) Separation of powers

Purpose

" To prevent concentration of authority inone person or group of persons that might

lead to an irreversible error or abuse in itsexercise to the detriment of republican

institutions.


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Principle of Blending of Powers" Instances when powers are not confined

exclusively within one department but areassigned to or shared by several

departments.

Principle of Checks and Balances" This allows one department to resist

encroachments upon its prerogatives or torectify mistakes or excesses committed by

the other departments.

Doctrine of Necessary Implication" Absence of express conferment, the

exercise of the power may be justified underthis doctrine, that the grant of an express

power carries with it all other powers thatmay be reasonably inferred from it.

A purely justiciable question implies a given

right, legally demandable and enforceable,an act or omission violative of such right,

and a remedy granted and sanctioned by lawfor said breach of right.

Political question is a question of policy. It

refers to those questions which, under theConstitution, are to be decided by the people

in their sovereign capacity, or in regard towhich full discretionary authority has been

delegated to the legislative or executive branch of government. It is concerned with

issues dependent upon wisdom, not legalityof particular measure.

Delegation of powers

" Potestas delegate non potest delegare" Delegated power constitutes not only a

right but a duty to be performed by thedelegate through the instrumentality of his

own judgment and not through theintervening mind of another.

" Permissible delegation(1) Tariff powers to the president

(2) Emergency powers to the president (intimes of war or national emergency)

(3) Delegation to the people – specific provisions where the people have reserved

to themselves the function of legislation" Referendum: power of the electorate to

approve or reject legislation through an

election called for the purpose; referendumon statutes and referendum on local law" Plebiscite: electoral process by which an

initiative on the Constitution is approved orrejected by the people.

(4) Delegation to LGUs(5) Delegation to Administrative Bodies –

power of subordinate legislation" Tests for valid delegation

(1) Completeness test: the law must becomplete in all its essential terms and

conditions when it leaves the legislature sothat there will be nothing left for the

delegate to do when it reaches him except toenforce it.

(2) Sufficient standard test: intended to mapout the boundaries of the delegates’

authority by defining the legislative policyand indicting the circumstances under which

it is up be pursued and effected; thestandards usually indicated in the law

delegating legislative power.

The Incorporation Clause" The Philippines renounces war as an

instrument of national policy, adopts thegenerally accepted principles of

international law as part of the law of theland, and adheres to the police of peace,

equality, justice, freedom, cooperation andamity with all nations.

" Independent foreign policy and nuclear-free Philippines

" Expiration of Bases Agreement"

Renunciation of War

(1) Covenant of the League of Nations(2) Kellogg-Briad Pact of 1928

(3) Charter of the United Nations" Doctrine of Incorporation – our courts

have applied the rules of international law ina number of cases even of such rules had not


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previously been subject of statutoryenactments, because these generally

accepted principles of international law areautomatically part of our own laws.

Civilian Supremacy" Civilian authority is, at all timessupreme over the military. The AFP is the

protector of the people and the State. Its goalis to secure the sovereignty pf the State and

integrity of the national territory.

Duty of Government; people to defend theState

" The prime duty of the Government is toserve and protect the people.

"

The Government may call upon the people to defend the State and, in the

fulfillment thereof, all citizens may berequired, under conditions provided by law,

to render personal military or civil service." The maintenance of peace and order, the

protection of life, liberty and property, andthe promotion of the general welfare are

essential for the enjoyment by all the peopleof the blessings of democracy.

Right to Bear Arms: statutory, not

constitutional right.

Separation of Church and State" Freedom of religion clause

" Religious sect cannot be registered as political party

" No sectoral representative from thereligious sector

" Prohibition against appropriation forsectarian benefit

Exceptions

(1) Section 28(3), Article 6: Exemptionfrom taxation

(2) Section 29(2), Article 6: Prohibitionagainst sectarian benefit, except when priest

is assigned to the armed forces or to any

penal institution or government orphanageor leprosarium

(3) Section 3(3), Article 14: Optionalreligious instruction for public elementary

and high school studies

(4)

Section 4(2), Article 14: Filipinoownership requirement to educationalinstitutions, except those established by

groups and mission boards

Independent Foreign Policy and Nuclear-free Philippines

" State shall pursue an independentforeign policy. In relations with other states,

the paramount consideration shall benational sovereignty, territorial integrity,

national interest and the right to self-determination.

" The Philippines consistent with thenational interest, adopts and pursues a policy

of freedom from nuclear weapons in itsterritory.

Just and dynamic social order

" State shall promote a just and dynamicsocial order that will ensure prosperity and

independence of the nation and free the people from poverty through policies that

provide adequate social services, promotefull employment, a rising standard of living

and an improved quality of life for all.

Promotion of Social Justice" Promote social justice in all phases of

national development

Respect for human dignity and human rights" State values the dignity of every human

person and guarantees full respect for humanrights.

Family and Youth

" The State recognizes the sanctity offamily life and shall protect and strengthen

the family as a basic autonomous socialinstitution. It shall equally protect the life of


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the mother and the life of the unborn fromconception. The natural and primary right

and duty of parents in the rearing of theyouth for civic efficiency and the

development of moral character shall

receive support of the Government." The State recognizes the vital role of theyouth in nation-building and shall promote

and protect their physical, moral, spiritual,intellectual and social well-being. It shall

inculcate in the youth patriotism andnationalism, and encourage their

involvement in public and civic affairs.

Fundamental equality of men and women" State recognizes the role of women in

nation-building and shall ensure thefundamental equality before the law of men

and women.

Promotion of health and ecology" State shall protect and promote the right

to health of the people and instill healthconsciousness among them.

" The State shall protect and advance theright of the people to a balanced and

healthful ecology in accord with the rhythmand harmony of nature.

Priority to education, science, technology,

etc." State shall give priority to education,

science and technology, arts, culture andsports, to foster patriotism and nationalism,

accelerate social progress, and promote totalhuman liberation and development.

Protection to Labor

" State affirms labor as a primary socialeconomic force. It shall protect the rights or

workers and promote their welfare.

Self-reliant and independent economic order" State shall develop a self-reliant and

independent national economy effectivelycontrolled by Filipinos.

" The State recognizes the indispensablerole of the private sector, encourages private

enterprise, and provide incentives to neededinvestments.

Land reform" State shall promote comprehensive ruraldevelopment and agrarian reform.

Indigenous cultural communities

" State recognizes and promotes the rightsof indigenous cultural communities within

the framework of national unity anddevelopment.

Independent people’s organizations

"

State shall encourage non-governmental,community-based, or sectoral organizations

that promote the welfare of the nation.

Communication and information in nation- building

" State recognizes the vital role ofcommunication and information in nation-

building.

Autonomy of local governments" State shall ensure the autonomy of local

governments." Decentralization and does not make the

local governments sovereign within theState or an imperium in imperio.

" Decentralization of administration:delegation of administrative powers to the

LGU in order to broaden the base ofgovernmental powers.

" Decentralization of power: abdication bythe national government of governmental

powers.

Equal access of opportunities for publicservice

" State shall guarantee equal access ofopportunities for public service and prohibit

political dynasties as may be defined by law.


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Honest public service and full publicdisclosure

" State shall maintain honesty andintegrity in the public service and take

positive and effective measures against graft

and corruption." State adopts and implements a policy offull public disclosure of all its transactions

involving public interest.

VI. BILL OF RIGHTS

Definition" Set of prescriptions setting forth the

fundamental civil and political rights of theindividual, and imposing limitations on the

powers of government." Generally, any government action in

violation of the Bill of Rights is void." Generally self-executing.

Civil Rights

" Right that belong to every citizen of thestate or country and are not connected with

the organization or administration ofgovernment.

Political Rights

" Right to participate, directly orindirectly, in the establishment or

administration of government.

Due Process of Law: No person shall bedeprived of life, liberty or property without

due process of lawDefinition

" A law which hears before it condemns,which proceeds upon inquiry and renders

judgment only after trial.

Who are protected" Universal in application to all persons

" Artificial persons are covered by the protection only insofar as their property is

concerned

" Guarantee extends to aliens and includesthe means of livelihood

Meaning of life, liberty and property

" Life: right of an individual to his body in

its completeness, free from dismembermentand extends to the use of God-givenfaculties which makes life enjoyable

" Liberty: the right to exist and the right to be free from arbitrary personal restraint or

servitude; includes the right to be free to usehis faculties in all lawful ways

" Property: anything that can come underthe right of ownership and can be subject of

contract; the right to secure, use and disposethem.

Aspects of due process

1. Substantive – restriction ongovernment’s law- and rule-making powers

" Requisites:1. interest of the public

2. means employed are reasonablynecessary for the accomplishment of the

purpose and not unduly oppressive onindividuals

2. Procedural – restriction on actions of judicial and quasi-judicial agencies of

government" Requisites:

1. impartial court or tribunal clothed with judicial power to hear and determine the

matter before it2. jurisdiction must be lawfully acquired

over the person of the defendant and overthe property which is the subject matter of

the proceeding3. the defendant must be given an

opportunity to be heard4.

judgment must be rendered upon lawful

hearing

Publication as part of due process" Publication is imperative to the validity

of laws, PDs and Eos, administrative rules


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and regulation and is an indispensable partof due process.

Appeal and due process

" Appeal is not a natural right nor is it part

of due process; it may be allowed or denied by legislature in its discretion." But where the Constitution gives a

person the right to appeal, denial of suchconstitutes a violation of due process.

Preliminary investigation and due

process" Right to preliminary investigation is not

a constitutional right, but it is merely a rightconferred by statute.

"

But where there is a statutory grant ofthe right to preliminary investigation, denial

of such constitutes a violation of due process.

Administrative due process

" Requisites(1) Right to a hearing, includes the right to

present one’s case and submit evidence insupport thereof;

(2) Tribunal must consider the evidence presented;

(3)

Decision must have something tosupport itself;

(4) Evidence must be substantial;(5) Decision must be rendered on the

evidence presented or at least contained inthe records and disclosed to the parties;

(6) Tribunal or any of its judges must act onits own or his own independent

consideration of the facts and the law of thecontroversy, and not simply accept the

views of a subordinate in arriving at adecision; and

(7) The board or body should, in allcontroversial questions, render its decision

in such a manner that the parties to the proceeding will know the various issues

involved, and the reason for the decision.

Equal Protection of the LawsMeaning

" All persons or things similarly situatedshould be treated alike, both as to rights

conferred and responsibilities imposed."

Natural and juridical persons are entitledto this guarantee." With respect to juridical persons, they

enjoy the protection only insofar as their property is concerned.

Scope of Equality

" Economic(1) Free access to courts

(2) Marine wealth reserved for Filipinocitizens

(3)

Reduction of social, economic and political inequalities

" Political(1) Free access to courts

(2) Bona fide candidates being free fromharassment/discrimination

(3) Reduction of social, economic and political inequalities

" Social

Valid Classification(1) Substantial distinctions

(2)

Germane to the purpose of the law(3) Not limited to existing conditions only

(4) Must apply equally to all members of thesame class

Searches and Seizures

Scope" Available to all persons, including

aliens, whether accused of a crime or not." Artificial persons are also entitled to the

guarantee, although they may be required toopen their books of accounts for

examination by the State in the exercise of police and taxing powers.

" Right is personal

Objection must be raised before theaccused enters his plea


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Procedural Rules

1. warrantless arrest is not a jurisdictionaldefect and any objection thereto is waived

when the person arrested submits to

arraignment without any objection;2. where a criminal case is pending, theCourt wherein it is filed, or the assigned

branch, has primary jurisdiction to issue thesearch warrant;

3. where no criminal case has been filed,the executive judges or their lawful

substitutes, in the areas and for the offensecontemplated shall have primary

jurisdiction;4. moment the information is filed with the

RTC, it is that court which must issue thewarrant of arrest;

5. the judge may order the quashal of awarrant he issued even after the same had

already been implemented, particularlywhen such quashal is based on the finding

that there is no offense committed ! itemsseized shall be inadmissible in evidence

Only a judge may issue a warrant

" Exception: order of arrest may be issued by administrative authorities but only for the

purpose of carrying out a final finding of aviolation of law, e.g. an order of deportation

or an order of contempt but not for the sole purpose of investigation or prosecution.

Requisites for a Valid Warrant

(1) Probable cause(2) Determination of probable cause

personally by the judge(3) After examination under oath or

affirmation of the complainant and thewitnesses he may produce

(4) Particularity of description

The judge shall(1) Personally evaluate the report and the

supporting documents submitted by thefiscal regarding the existence of probable

cause and, on the basis thereof, issue awarrant of arrest; or

(2) If on the basis thereof, he finds no probable cause, he may disregard the

prosecutor’s report band require the

submission of supporting affidavits ofwitnesses.

Principles:(1) The determination of probable cause is a

function of the judge(2) The preliminary inquiry made by the

prosecutor does not bind the judge, as it isthe report, affidavits, the transcript of

stenographic notes and all other supportingdocuments behind the prosecutor’s

certification which are material in assistingthe judge in his determination of probable

cause(3) Judges and prosecutors should

distinguish the preliminary inquiry whichdetermines probable cause for the issuance

of the warrant of arrest from the preliminaryinvestigation proper which ascertains

whether the offender should be held for trialor be released

(4) Only a judge may issue a warrant ofarrest

Judge himself conducts the preliminary

investigation, for him to issue a warrant ofarrest, the investigating judge must:

(1) Have examined, under oath, thecomplainant and the witnesses;

(2) Be satisfied that there is probable cause;and

(3) That there is a need to place therespondent under immediate custody in

order not to frustrate the ends of justice

Particularity of Description:(1) Readily identify the properties to be

seized and thus prevent them from seizingthe wrong items; and


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(2) Leave peace officers with no discretionregarding the articles to be seized and thus

prevent unreasonable searches and seizures.

Warrant of Arrest ! particularly describe

the person to be seized if it contains thename/s of the person/s to be seized.John Doe warrant ! descriptio persona

Search Warrant ! description is as specific

as the circumstances will ordinarily allow or when description expresses a conclusion

of fact (not of law) by which the warrantofficer may be guided in making the search;

or when the things described are limited tothose which bear direct relation to the

offense for which the warrant is beingissued.

Properties Subject of Seizure:

(1) Subject of the offense(2) Stolen or embezzled property and other

proceeds or fruits of the offense; and(3) Property used or intended to be used as

means for the commission of an offense

Conduct of the Search(1) Lawful occupant

(2)

Any member of his family(3) 2 witnesses, of sufficient age and

discretion, residing in the same locality

Warrantless arrests by a peace officer or a private person:

(1) When the person to be arrested hascommitted, is actually committing or is

attempting to commit an offense in his presence;

(2) When the offense had just beencommitted and there is probable cause to

believe, based on his personal knowledge offacts and of other circumstances, that the

person to be arrested has committed theoffense;

(3) When the person to be arrested is a prisoner who has escaped from a penal

establishment or place where he is servingfinal judgment or temporarily confined

while his case is pending, or has escapedwhile being transferred from one

confinement to another; and

(4)

When the right is voluntarily waived.

Buy-bust operation is a valid in flagrante

arrest.

In flagrante arrests:(1) The person to be arrested must execute

an overt act indicating that he had justcommitted, is actually committing, or is

attempting to commit a crime; and(2) Such overt act is done in the presence or

within the view of the arresting officer.

In (2):(1) there must be immediacy between the

time the offense is committed and the timeof the arrest. If there was an appreciable

lapse of time between the arrest and thecommission of the crime, a warrant of arrest

must be secured and(2) the person making the arrest has

personal knowledge of certain factsindicating that the person to be taken into

custody has committed the crime.

Question the validity of the arrest beforeentering plea; failure to do so would

constitute a waiver of his right againstunlawful restraint of his liberty. However,

waiver is limited to the illegal arrest. It doesnot extend to the search made as an incident

thereto, or to the subsequent seizure ifevidence allegedly found during the search.


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Valid Waiver of Constitutional Right

(1) Right exists(2) That the person involved had

knowledge, either actual or constructive ofthe existence of such right; and

(3) That the person had an actual intentionto relinquish the right.

Searches of Passengers at Airports

- When the accused checked in hisluggage as a passenger of a plane, he agreed

to the inspection of his luggage inaccordance with customs laws and

regulations, and thus waived any objectionto a warrantless search.

- Search made pursuant to routine airportsecurity is allowed under RA 6235, which

provides that every airline ticket shall

contain a condition that hand-carriedluggage, etc., shall be subject to search, andthis condition shall form part of the contract

between the passenger and the air carrier.

Stop and Frisk- Vernacular designation of the right of a

police officer to stop a citizen on the street,

interrogate him and pat him for weaponswhenever he observes unusual conduct

which leads him to conclude that criminalactivity may be afoot.

- Requisites:

1.

police officer should properly introducehimself and make initial inquiries2. approach and restrain a person who

manifests unusual and suspicious conduct inorder to check the latter’s outer clothing for

possible concealed weapon3. must have a genuine reason, in

accordance with experience and thesurrounding conditions, to warrant the belief

that the person to be held has weapons orcontraband concealed about him

4.

search and seizure should precede thearrest

Exception: People vs. Sucro –warrantless search and seizure can be made

without necessarily being preceded byan arrest provided that the said search

is effected on the basis of probable cause.- People vs. Chua Ho San:

contemporaneous search of a person arrestedmay be effected for dangerous weapons or

proofs or implements used in thecommission of the crime and which search

may extend to the area within his immediatecontrol where he might gain possession of a

weapon or evidence he can destroy, a validarrest must preceded a search.

Where the search (and seizure) is an incident

to a lawful arrest;- Search must be contemporaneous to

arrest and made within a permissible area ofsearch.

- Requisites:1.

arresting officer must have probable

cause in effecting the arrest; and2. probable cause must be based on

reasonable ground of suspicion or belief thata crime has been committed or is about to be

committed.

Warrantless Searches(1) When the right is voluntarily waived;(2) When there is a valid reason to “stop-

and-frisk”;(3) Where the search (and seizure) is an

incident to a lawful arrest;(4) Search of vessels and aircrafts;

(5) Search of moving vehicles;(6) Inspection of buildings and other

premises for the enforcement of fire,sanitary and building regulations;

(7) Where prohibited articles are in plainview;

(8) Search and seizure under exigent andemergency circumstances; and

(9) Conduct of areal target zoning or

saturation drive/s as valid exercise ofmilitary powers of the President (Guanzonvs. de Villa)


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Permissible area of search- may extend beyond the person of the one

arrested to include the premises orsurroundings under his immediate control.

Seizure of allegedly pornographic material(1) criminal charge must be brought againstthe person/s for purveying the pornographic

material/s;(2) application for a search and seizure

warrant obtained from a judge (who shalldetermine the existence of probable cause);

(3) material confiscated brought to the courtin the prosecution of the accused for the

crime charged;(4) court will determine whether the

confiscated items are really pornographic;and

(5) judgment of acquittal or convictionrendered by the court accordingly

Fishing vessel found to be violating fishery

laws may be seized without a warrant:(1) usually equipped with powerful motors

that enable them to elude pursuit and(2) seizure would be incident to a lawful

arrest

Search of moving vehicles- justified on the ground that it is not

practicable to secure a warrant because thevehicle can be moved quickly out of the

locality or jurisdiction in which the warrantmay be sought.

- Prevent violations of smuggling orimmigration laws, provided that such

searches are made at borders or constructive borders (e.g. checkpoints near the boundary

lines of the state).

“Stop and search” without a warrant at amilitary or police checkpoints

- Not illegal per se so long as it is required by the exigencies of public order and

conducted in a way least intrusive tomotorists. (Valmonte vs. de Villa)

Checkpoint Search

(1) Mere routine inspection: the search isnormally permissible when it is limited to a

mere visual search, where the occupants are

not subjected to a physical or body search.(2) Extensive search: constitutionally permissible if the officers conducting the

search had reasonable or probable cause to believe, before the search, that either the

motorist is a law offender or they will findthe instrumentality or evidence pertaining to

a crime in the vehicle to be searched.

Inspection of buildings and other premisesfor the enforcement of fire, sanitary and

building regulations-

Exercise of police power of the State

- Must be conducted during reasonablehours

Prohibited articles are in plain view

- Objects in plain view of the officer whohas the right to be in the position to have

that view.- Police officer is not searching but

inadvertently comes upon an incriminatingobject.

-

Requisites:(1) Prior valid intrusion based on a valid

warrantless arrest in which the police arelegally present in the pursuit of their official

duties;(2) Evidence was inadvertently discovered

by the police who have the right to be wherethey are;

(3) Evidence must be immediatelyapparent; and

(4) “Plain view” justified the seizure of theevidence without any further search.

Plain View

- Object is plainly exposed to sight.- Where the object seized is inside a

closed package, the object is not in plain


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view and, therefore, cannot be seizedwithout a warrant.

- Package proclaims its contents ! transparency, distinctive configuration or

contents are obvious to an observer.

-

People vs. Salanguit: once the valid portion of the search warrant has beenexecuted, the “plain view” doctrine can no

longer provide any basis for admitting theother items subsequently found…

(marijuana was also wrapped in newspaperwhich was not transparent….warrant for

shabu and drug paraphernalia, found theshabu first)

- Doctrine is not an exception to thewarrant. It serves to supplement the prior

justification. It is a recognition that of thefact that when executing police officers

come across immediately incriminatingevidence not covered by the warrant, they

should not be required to close their eyes toit, regardless of whether it is evidence of the

crime they are investigating or evidence ofsome other crime. It would be needless to

require the police to obtain another warrant.

Immediately apparent test- Does not require an unduly high degree

of certainty.- Requires merely that the seizure be

presumptively reasonable assuming thatthere is probable cause to associate the

property with criminal activity.- Nexus exists between the viewed object

and the criminal activity.

Exclusionary Rule: Evidence obtained inviolation of Section 2, Article 3 shall be

inadmissible for any purpose in any proceeding because it is “the fruit of the

poisoned tree.”- Property illegally seized may be used in

evidence in the case filed against the officerresponsible for the illegal seizure.

Privacy of Communications andCorrespondence

- The privacy of communication andcorrespondence shall be inviolable EXCEPT

upon lawful order of the court OR when

public safety or order requires otherwise as prescribed by law.- Any evidence obtained in violation of

this or the preceding section shall beinadmissible for any purpose in any

proceeding.

Inviolability- Exceptions:

(1) Lawful order of the court;(2) Public safety or order requires otherwise,

as may be provided by law.-

Includes tangible and intangible objects.

- RA 4200: illegal for any person notauthorized by all the parties to any private

communication, to secretly record suchcommunications by means of a tape

recorder. Telephone extension was notamong the devices covered by this law.

Freedom of Expression

- No law shall be passed abridging thefreedom of speech, of expression nor of the

press, or the right of the people peaceably toassemble and petition the government for

redress of grievances.- Scope: Any and all modes of expression.

Aspects:

(1) Freedom from censorship or priorrestraint

- Need not be total suppression, evenrestriction of circulation constitutes

censorship.-

Section 11 (b), RA 66461: legitimate

exercise of the police power of the State toregulate media or communication and

1 Prohibited any person making use of the media to

sell or to give free of charge print space or air time

for campaign or other political purposes except to the

COMELEC.


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information for the purpose of ensuringequal opportunity, time and space for

political campaigns. Unrelated tosuppression of speech as it is only incidental

and no more than is necessary to achieve the

purpose of achieving the purpose of promoting equality.- Movie censorship: movie, compared to

other media of expression, have a greatercapacity for evil and must, therefore, be

subjected to a greater degree of regulation.- Power of MTRCB can be exercised only

for purposes of “classification” notcensorship.

- Primacy of freedom of expression overEnrile’s “right to privacy” because Enrile

was a “public figure” and a public figure’sright to privacy is narrower than that of an

ordinary citizen. (Ayer Productions vs.Judge Capulong)

- Board of Review for Motion Picturesand Television (BRMPT) ! “X-rating”

when the program would create a clear and present danger of an evil which the State has

the right to prevent. (Inglesi ni Cristo vs.CA)

- No law prohibiting the holding andreporting of exit poll. (ABS-CBN

Broadcasting Corporation vs. COMELEC)- Test for the validity of government

regulation, valid if (O’Brien Test):1. within the constitutional power of

government;2. furthers an important or substantial

government interest;3. government interest is unrelated to the

suppression of free expression; and4. incidental restriction on the freedom is

no greater than is essential to the furtheranceof that interest.

- Overbreadth Doctrine: prohibitsgovernment from achieving its purpose by

“means that sweep unnecessarily broadly,reaching constitutionally protected as well

as unprotected activity.”(2) Freedom from subsequent punishment

- Without this assurance, the individualwould hesitate to speak for fear that he

might be held accountable for his speech, orthat he might be provoking the vengeance of

the officials he may have criticized.

-

Not absolute and may be properlyregulated in the interest of the public.- State may validly impose penal and/or

administrative sanctions, such as:1. Libel

- Public and malicious imputation of acrime, or of a vice or defect, real or

imaginary, or any act, omission, condition,status or circumstance tending to cause the

dishonor, discredit or contempt of a naturalor juridical person, or to blacken the

memory of one who is dead.-

Oral defamation is called slander.

- Every defamatory imputation is presumed to be malicious.

# Exceptions:

1. a private communication made by any

person to another in the performance of anylegal, moral or social duty; and

2. fair and true report, made in good faith,without any comments or remarks, of any

judicial, legislative or other official proceedings which are not of a confidential

nature, or of any statement, report or speechdelivered in said proceedings, or of any act

performed by public officers in the exerciseif their functions.

- Public has the right to be informed onthe mental, moral and physical fitness of

candidates for public officer. The ruleapplies only to fair comments on matters of

public interest, fair comment being thatwhich is true, or if false, expresses the real

opinion of the author based upon reasonabledegree of care and on reasonable grounds.

2. Obscenity- Determination of what is obscene is a

judicial function.3. Criticism of official conduct


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- US vs. Bustos: individual is given thewidest latitude in criticism of official

conduct.- Publication that tends to impede,

embarrass or obstruct the court and

constitutes a clear and present danger to theadministration of justice is not protected bythe guarantee of press freedom and

punishable by contempt. It is not necessaryto show that the publication actually

obstructs the administration of justice; it isenough that it tends to do so.

- Freedom of press is subordinate to thedecision, authority, integrity and

independence of the judiciary and the properadministration of justice.

4.

Right of students to free speech inschool premises not absolute

- Campus Journalism Act provides that astudent shall not be expelled or suspended

solely on the basis of articles he or she haswritten, the same should not infringe on the

school’s right to discipline its students.- The school cannot suspend or expel a

student solely on the basis of the articles heor she has written, except when such article

materially disrupts class work or involvessubstantial disorder or invasion of rights of

others.

Test of valid government interference(1) Clear and Present Danger Rule

- Whether the words are used in suchcircumstances and of such nature as to

create a clear and present danger that theywill bring about the substantive evils that the

State has the right to prevent.- The substantive evil must be extremely

serious and the degree of imminenceextremely high before utterances can be

punished.- Rule: the danger created must not only

be clear and present but also traceable to theideas expressed.

- “clear”: seems to point to a causalconnection with the danger of the

substantive evil arising from the utterancequestioned

- “present” refers to the time element,identified with imminent and immediate

danger

-

The danger must not only be probable, but very likely inevitable.(2) Dangerous Tendency Rule

- Words uttered create a dangeroustendency of an evil which the State has the

right to prevent, then such words are punishable.

- Sufficient if the natural tendency and the probable effect of the utterance were to

bring about the substantive evil that thelegislative body seeks to prevent.

(3)

Balancing of Interests Test-

When particular conduct is regulated in

the interest of public order, and theregulation results in an indirect, conditional

or partial abridgment of speech, the duty ofthe courts is to determine which of the two

conflicting interests demands the greater protection under the particular

circumstances presented.- Requires a court to take conscious and

detailed consideration of the interplay ofinterests observable in a given situation.

Assembly and Petition

- Right to assemble is not subject to priorrestraint.

- It may not be conditioned upon priorissuance of a permit or authorization from

government authorities.- It must be exercised in such a way as

will not prejudice the public welfare.- PUBLIC PLACE: permit for the use of

such place, and not for the assembly itself,may be validly required. The power of local

officials is merely one of regulation.- Permit to hold public assembly shall not

be necessary where the meeting is to be heldin a PRIVATE PLACE.

# Public Assembly Act: a permit shall not

be necessary where the meeting is to be held


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in a private place, in the campus of thegovernment-owned or –operated educational

institution, or in a freedom park.# Where permit is required, written

application shall be filed with the mayor’s

office at least 5 days before the scheduledmeeting and shall be acted upon within 2days. Otherwise, permit shall be deemed

granted.# Denial shall be justified only upon clear

and convincing evidence that the publicassembly will create a cleat and present

danger to public order, safety, convenience,morals and health.

# Action shall be communicated within 24

hours to the applicant… may appeal to

appropriate courts.#

Decision must be reached within 24

hours.# The law permits law enforcement

agencies to detail a contingent under aresponsible officer at least 100 meters away

from the assembly in case it becomesnecessary to maintain order.

- Academic freedom of institutions ofhigher learning cannot be utilized to

discriminate against those who exercise theirconstitutional rights.

-

Right to free assembly and petition prevails over economic rights.

- Education of the youth occupies a preferred position over the freedom of

assembly and petition.- Tests priorly applied by the court:

1. purpose test2. auspice test

Freedom of Religion

- No law shall be made respecting anestablishment of religion or prohibiting the

free exercise thereof.- The free exercise and enjoyment of

religious profession and worship, withoutdiscrimination or preference, shall forever

be allowed. No religious test shall be

required for the exercise of civil or politicalrights.

- 2 guarantees:1. non-establishment clause

2. freedom of religious profession and

worship- Non-establishment clause: separation ofChurch and State

1. cannot be registered as a political party;2. no sectoral representative from the

religious sector; and3. prohibition against the use of public

money or property for the benefit of anyreligion, or of any priest, minister or

ecclesiastic.- Exceptions:

1.

exception from taxation of propertiesactually, directly and exclusively used for

religious purposes;2. citizenship requirement of ownership of

educational institutions, except thoseestablished by religious groups and mission

boards;3. optional religious instruction in public

elementary and high schools ! expressed inwriting by the parents/guardians, taught

within regular class hours; and withoutadditional costs on the Government; and

4.

appropriation allowed where the ministeror ecclesiastic is employed in the armed

forces, penal institution or in thegovernment-owned orphanage or

leprosarium.- Scope:

1. State cannot set up a Church2. nor pass laws which aid one religion, aid

all religion or prefer one over another;3. nor force nor influence a person to go to

or remain away from church against his will;4.

or force him to profess a belief or

disbelief in any religion.- The term “Non-Christian tribes” does

not refer to religious belief but to degree ofcivilization. (People vs. Cayat)

- Laws, e.g. Article 133 of the RPC, donot violate freedom of religion.


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- Freedom of religion is accorded preferred status, designed to protect the

broadest possible liberty of conscience, toallow each man to believe as his conscience

directs, to profess his beliefs and to live as

he believes he ought to live, consistent withliberty of others and with the common good.- Intramural religious disputes:

# Where a civil right depends upon some

matter pertaining to ecclesiastical affairs, the

civil tribunal tries the civil right and nothingmore.

# “Ecclesiastical Affair” is one thatconcerns doctrine, creed, or forum of

worship of the church, or the adoption andenforcement within a religious association

of needful laws and regulations for thegovernment of the membership, and the

power of excluding from such associationsthose deemed unworthy of membership.

# It is not for the Court to exercise control

over Church authorities in the performance

of their discretionary and official functions;it is for the members of religious

institutions/organizations to conform to justchurch regulations.

- Free Exercise Clause#

Aspects of freedom of religious

profession and worship:1. right to believe, which is absolute

2. right to act according to one’s belief,which is subject to regulation.

# Constitutional guarantee of free exercise pf religious profession and worship carries

with it the right to disseminate religiousinformation, and any restraint of such right

can be justified only on the ground that thereis a clear and present danger of an evil

which the State has the right to prevent.-

The compelling State interest test:

# Estrada vs. Escritor (administratively

charged with immorality for living with a

married man, not her husband; conjugalarrangement was in conformity with their

religious beliefs)

# “Benevolent Neutrality” recognizes thatgovernment must pursue its secular goals

and interests, but at the same time, strive touphold religious liberty to the greatest extent

possible within flexible constitutional limits.#

Thus, although the moralitycontemplated by laws is secular, benevolentneutrality could allow for accommodation of

morality based on religion, provided it doesnot offend compelling state interest.

# 2 steps:1) Whether respondent’s right to religious

freedom has been burdened and2) Ascertain respondents sincerity in his

beliefs.- State regulations imposed on

solicitations for religious purposes do notconstitute an abridgment of freedom of

religion; but are NOT covered by PD 1564(Solicitation Permit Law) which required

prior permit from DSWD in solicitations forcharitable or public welfare purposes;

- Free exercise clause does not prohibitimposing a generally applicable sales and

use tax on the sale of religious materials bya religious organization. Resulting burden is

so incidental as to make it difficult todifferentiate it from any other economic

imposition that might make the right todisseminate religious doctrines costly.

Liberty of Abode and of Travel

- The liberty of abode and of changing thesame within the limits prescribed by law

shall not be impaired except upon lawfulorder of the court.

- Neither shall the right to travel beimpaired except in the interest of national

security, public safety or public health, asmay be provided by law.

- Limitations:1) On liberty of abode: lawful order of the

court# Caunca vs. Salazar: maid has the right to

transfer to another residence even if she hadnot yet paid the amount advanced for her


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transportation from the province by anemployment agency;

# Rubi vs. Provincial Board of Mindoro:requiring some members of the non-

Christian tribes to reside only within a

reservation, valid… to promote their bettereducation, advancement and protection.# Universal Declaration of Human Rights:

everyone has the right to leave any country,including his own and to return to his

country.#

Covenant on Civil and Political Rights:

no one shall be arbitrarily deprived of theright to enter his own country.

2) On right to travel: national security, public safety or public health, as may be

provided by law-

Lawful order of the court is a valid

restriction.- Court may validly refuse to grant the

accused permission to travel abroad, even ifthe accused in out on bail. (Manotoc vs. CA)

- Liberty of travel may be impaired evenwithout court order, the appropriate

executive officers or administrativeauthorities are not armed with arbitrary

discretion to impose limitations.- Principles:

1)

The Hold-departure Order is but anexercise of the court’s inherent power to

preserve and maintain the effectiveness ofits jurisdiction over the case and over the

person of the accused;2) By posting bail, the accused holds

himself amenable at all times to the ordersand processes of the court, thus, she may be

legally prohibited from leaving the countryduring the pendency of the case; and

3) Parties with pending cases should applyfor permission to leave the country from the

very same courts which, in the first instance,are in the best position to pass upon such

applications and to impose appropriateconditions therefore, since they are

conversant with the facts of the cases andthe ramifications or implications thereof.

- The persons right to travel is subject tothe usual constraints imposed by the very

necessity of safeguarding the system of justice. Whether the accused should be

permitted to leave the country for

humanitarian reasons is a matter addressedto the court’s discretion.

Right to Information- Right of the people to information on

matters of public concern shall berecognized.

- Access to official records and todocuments and papers pertaining to official

acts, transactions pr decisions as well as togovernment research data used as basis for

policy development shall be afforded thecitizen, subject to such limitations as may be

provided by law.- Scope of the Right: right to information

contemplates inclusion of negotiationsleading to consummation of the transactions.

# The right only affords access, whichmeans the opportunity to inspect and copy

them at his expense.#

Subject to regulations: to protect

integrity of public records and to minimizedisruption of government operations.

-

Exceptions:1) Privileged communications rooted in

separation of powers2) Information on military and diplomatic

secrets3) Information affecting national security

4) Information on investigations of crimes by law enforcement agencies before the

prosecution of the accused.- Need for publication of law reinforces

this right.-

The manner of examining public records

may be subject to reasonable regulation bythe government agency in custody.

- The duty to disclose the information of public concern, and to afford access to

public records cannot be discretionary on the


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part of said agencies. Its performance may be compelled by mandamus.

- In Re: Request for Live Radio-TVCoverage of the Trial in the SB of the

Plunder Case against Former Pres. Joseph

Ejercito Estrada, Secretary of JusticeHernando Perez vs. Joseph Ejercito Estrada:when the constitutional guarantees of

freedom of the press and the right to

public information, on the one hand, and

the fundamental rights of the accused, onthe other hand, along with the

constitutional power of a court to control

its proceedings in ensuring a fair and

impartial trial race against another, jurisprudence tells us that the right of the

accused must be preferred (losing not onlyhis liberty but also the very life of an

accused).

Right to Form Associations- 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 beabridged.

- Scope: includes the right not to join or todisaffiliate from one.

-

Right to Strike: members of the civilservice may not declare a strike to enforce

economic demands.- The ability to strike is not essential to the

right of association.- The right of the sovereign to prohibit

strikes or work stoppages by publicemployees is clearly recognized at common

law. Modern rule merely incorporate orreasserts said common law.

- Right is not absolute.#

Anti-Subversion Act

# Managerial employees: receive

information that is not only confidential but

also generally not available to the public.

Non-impairment Clause

- No law impairing the obligation ofcontracts shall be passed.

- To fall within the prohibition, the changemust not only impair the obligation of the

existing contract, but the impairment must

be substantial.- Change in the rights of the parties withreference to each other and not with respect

to non-parties.- Impairment: anything that diminishes the

efficacy of the contract- Substantial impairment when the law

changes either1) Time of performance

2) Mode of performance3) Imposes new conditions

4)

Dispenses with those expressed5)

Authorizes for its satisfaction something

different from that provided in its terms- Limitations:

1) Police power – public welfare is superiorto private rights

2) Eminent domain3) Taxation

- Franchises, privileges, licenses, etc donot come within the context of the provision

# Subject to amendment alteration, orrepeal by the Congress when common good

so requires.

Free Access to Courts- Free access to the courts and quasi-

judicial bodies and adequate legal assistanceshall not be denied to any person by reason

of poverty.- Social justice provision providing for

pauper suits.

Miranda Doctrine-

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.


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- If the person cannot afford the servicesof counsel, he must be provided with one.

- These rights cannot be waived, except# In writing and

# In the presence of the counsel.

-

No torture, force, violence, threat,intimidation or any other means whichvitiate the free will shall be used against

him.- Secret detention places, solitary,

incommunicado, or other similar forms ofdetention are prohibited.

- Any confession or admission obtained inviolation of this or Section 17 shall be

inadmissible in evidence against him.- The law shall provide for penal and civil

sanctions for violations of this section, aswell as compensation to and rehabilitation of

victims of torture or similar practices, andtheir families.

- Rights are available only duringcustodial investigation.

# Custodial investigation or in-custodyinterrogation of accused person: any

questioning initiated by law enforcementofficers after a person has been taken into

custody or otherwise deprived of hisfreedom of action in any significant way.

#

Investigation ceases to be a generalinquiry into an unsolved crime and direction

is aimed upon a particular suspect who has been taken into custody and to whom the

police would then direct interrogatoryquestions which tend to elicit incriminating

statements.- Does not apply to spontaneous

statement5s.- Does not apply to

admissions/confessions made by a suspect before he was placed under custodial

investigation.- Custodial investigation includes the

practice of issuing an “invitation” to a person who is investigated in connection

with an offense he is suspected to have

committed, without prejudice to the liabilityof the inviting officer for any violation.

- Police Line-up# Not considered part of custodial

investigation because it is conducted before

that stage

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