Professional Documents
Culture Documents
1. R. B. H. (Resolution of Both Houses) No. 1, proposing that Section 5, Article VI, of the Constitution of the Philippines, be amended so as to increase the membership of the House of Representatives from a maximum of 120, as provided in the present Constitution, to a maximum of 180, to be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants, although each province shall have, at least, one (1) member; 2. R. B. H. No. 2, calling a convention to propose amendments to said Constitution, the convention to be composed of two (2) elective delegates from each representative district, to be "elected in the general elections to be held on the second Tuesday of November, 1971;" and 3. R. B. H. No. 3, proposing that Section 16, Article VI, of the same Constitution, be amended so as to authorize Senators and members of the House of Representatives to become delegates to the aforementioned constitutional convention, without forfeiting their respective seats in Congress. Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967. Issue: Whether or Not a Resolution of Congress, acting as a constituent assembly, violates the Constitution. Held: Inasmuch as there are less than eight (8) votes in favor of declaring Republic Act 4913 and R. B. H. Nos. 1 and 3 unconstitutional and invalid, the petitions in these two (2) cases must be, as they are hereby, dismiss and the writs therein prayed for denied, without special pronouncement as to costs. It is so ordered. As a consequence, the title of a de facto officer cannot be assailed collaterally. It may not be contested except directly, by quo warranto proceedings. Neither may the validity of his acts be questioned upon the ground that he is merely a de facto officer. And the reasons are obvious: (1) it would be an indirect inquiry into the title to the office; and (2) the acts of a de facto officer, if within the competence of his office, are valid, insofar as the public is concerned. "The judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments and among the integral or constituent units thereof." Article XV of the Constitution provides: . . . The Congress in joint session assembled, by a vote of three-fourths of all the Members of the Senate and of the House of Representatives voting separately, may propose amendments to this Constitution or call a contention for that purpose. Such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification. From our viewpoint, the provisions of Article XV of the Constitution are satisfied so long as the electorate knows that R. B. H. No. 3 permits Congressmen to retain their seats as legislators, even if they should run for and assume the functions of delegates to the Convention.
SANIDAD VS. COMELEC [78 SCRA 333; G.R. No. 90878; 29 Jan 1990] Facts:
BONDOC VS. PINEDA [201 SCRA 792; G.R. No. 97710; 26 Sep 1991] Facts: In the elections held on May 11, 1987, Marciano Pineda of the LDP and Emigdio Bondoc of the NP were candidates for the position of Representative for the Fourth District of Pampanga. Pineda was proclaimed winner. Bondoc filed a protest in the House of Representatives Electoral Tribunal (HRET), which is composed of 9 members, 3 of whom are Justices of the SC and the remaining 6 are members of the House of Representatives (5 members belong to the LDP and 1 member is from the NP). Thereafter, a decision had been reached in which Bondoc won over Pineda. Congressman Camasura of the LDP voted with the SC Justices and Congressman Cerilles of the NP to proclaim Bondoc the winner of the contest. On the eve of the promulgation of the Bondoc decision, Congressman Camasura received a letter informing him that he was already expelled from the LDP for allegedly helping to organize the Partido Pilipino of Eduardo Cojuangco and for allegedly inviting LDP members in Davao Del Sur to join said political party. On the day of the promulgation of the decision, the Chairman of HRET received a letter informing the Tribunal that on the basis of the letter from the LDP, the House of Representatives decided to withdraw the nomination and rescind the election of Congressman Camasura to the HRET. Issue: Whether or not the House of Representatives, at the request of the dominant political party therein, may change that partys representation in the HRET to thwart the promulgation of a decision freely reached by the tribunal in an election contest pending therein Held: The purpose of the constitutional convention creating the Electoral Commission was to provide an independent and impartial tribunal for the determination of contests to legislative office, devoid of partisan consideration. As judges, the members of the tribunal must be non-partisan. They must discharge their functions with complete detachment, impartiality and independence even independence from the political party to which they belong. Hence, disloyalty to party and breach of party discipline are not valid grounds for the expulsion of a member of the tribunal. In expelling Congressman Camasura from the HRET for having cast a conscience vote in favor of Bondoc, based strictly on the result of the examination and appreciation of the ballots and the recount of the votes by the tribunal, the House of Representatives committed a grave abuse of discretion, an injustice and a violation of the Constitution. Its resolution of expulsion against Congressman Camasura is, therefore, null and void. Another reason for the nullity of the expulsion resolution of the House of Representatives is that it violates Congressman Camasuras right to security of tenure. Members of the HRET, as sole judge of congressional election contests, are entitled to security of tenure just as members of the Judiciary enjoy security of tenure under the Constitution. Therefore, membership in the HRET may not be terminated except for a just cause, such as, the expiration of the members congressional term of office, his death, permanent disability, resignation from the political party he represents in the tribunal, formal affiliation with another political party or removal for other valid cause. A member may not be expelled by the House of Representatives for party disloyalty, short of proof that he has formally affiliated with another
MIRASOL VS CA [351 SCRA 44; G.R. No. 128448; 1 Feb 2001] Facts: The Mirasols are sugarland owners and planters. Philippine National Bank (PNB) financed the Mirasols' sugar production venture FROM 1973-1975 under a crop loan financing scheme. The Mirasols signed Credit Agreements, a Chattel Mortgage on Standing Crops, and a Real Estate
OPOSA VS. FACTORAN, JR. [224 SCRA 792; G.R. No. 101083; 30 Jul 1993] Facts: Principal petitioners, are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of, inter alia, engaging in concerted action geared for the protection of our environment and natural resources. The original defendant was the Honorable Fulgencio S. Factoran, Jr., then Secretary of the Department of Environment and Natural Resources (DENR). His substitution in this petition by the new Secretary, the Honorable Angel C. Alcala, was subsequently ordered upon proper motion by the petitioners. The complaint was instituted as a taxpayers' class suit and alleges that the plaintiffs "are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests." The same was filed for themselves and others who are equally concerned about the preservation of said resource but are "so numerous that it is impracticable to bring them all before the Court." On 22 June 1990, the original defendant, Secretary Factoran, Jr., filed a Motion to Dismiss the complaint based on two grounds, namely: the plaintiffs have no cause of action against him and, the issue raised by the plaintiffs is a political question which properly pertains to the legislative or executive branches of Government. In their 12 July 1990 Opposition to the Motion, the petitioners maintain that, the complaint shows a clear and unmistakable cause of action, the motion is dilatory and the action presents a justiciable question as it involves the defendant's abuse of discretion. On 18 July 1991, respondent Judge issued an order granting the aforementioned motion to dismiss. In the said order, not only was the defendant's claim that the complaint states no cause of action against him and that it raises a political question sustained, the respondent Judge further ruled that the granting of the relief prayed for would result in the impairment of contracts which is prohibited by the fundamental law of the land. Plaintiffs thus filed the instant special civil action for certiorari under Rule 65 of the Revised Rules of Court and ask this Court to rescind and set aside the dismissal order on the ground that the respondent Judge gravely abused his discretion in dismissing the action. Again, the parents of the plaintiffs-minors not only represent their children, but have also joined the latter in this case. Petitioners contend that the complaint clearly and unmistakably states a cause of action as it contains sufficient allegations concerning their right to a sound environment based on Articles 19, 20 and 21 of the Civil Code (Human Relations), Section 4 of Executive Order (E.O.) No. 192 creating the DENR, Section 3 of Presidential Decree (P.D.) No. 1151 (Philippine Environmental Policy), Section 16, Article II of the 1987 Constitution recognizing the right of the people to a balanced and healthful ecology, the concept of generational genocide in Criminal Law and the concept of man's inalienable right to self-preservation and self-perpetuation embodied in natural law. Petitioners likewise rely on the respondent's correlative obligation per Section 4 of E.O. No. 192, to safeguard the people's right to a healthful environment. It is further claimed that the issue of the respondent Secretary's alleged grave abuse of discretion in granting Timber License Agreements (TLAs) to cover more areas for logging than what is available involves a judicial question. Anent the invocation by the respondent Judge of the Constitution's non-impairment clause, petitioners maintain that the same does not apply in this case because TLAs are not contracts. They likewise submit that even if TLAs may be considered protected by the said clause, it is well settled that they may still be revoked by the State when the public interest so requires. Issue: Whether or not the petitioners have locus standi.
ICHONG VS. HERNANDEZ [101 Phil 1117; G.R. No. L-7995; 31 May 1957] Facts: Republic Act 1180 or commonly known as An Act to Regulate the Retail Business was passed. The said law provides for a prohibition against foreigners as well as corporations owned by foreigners from engaging from retail trade in our country. This was protested by the petitioner in this case. According to him, the said law violates the international and treaty of the Philippines therefore it is unconstitutional. Specifically, the Treaty of Amity between the Philippines and China was violated according to him. Issue:
Held: The tax levied under the Sugar Adjustment Act is constitutional. The tax under said Act is levied with a regulatory purpose, to provide means for the rehabilitation and stabilization of the threatened sugar industry. Since sugar production is one of the great industries of our nation, its promotion, protection, and advancement, therefore redounds greatly to the general welfare. Hence, said objectives of the Act is a public concern and is therefore constitutional. It follows that the Legislature may determine within reasonable bounds what is necessary for its protection and expedient for its promotion. If objectives and methods are alike constitutionally valid, no reason is seen why the state may not levy taxes to raise funds for their prosecution and attainment. Taxation may be made with the implement of the states police power. In addition, it is only rational that the taxes be obtained from those that will directly benefit from it. Therefore, the tax levied under the Sugar Adjustment Act is held to be constitutional. TIO VS. VIDEOGRAM REGULATORY BOARD [151 SCRA 208; G.R. No. L-75697; 18 Jun 1987] Facts: The case is a petition filed by petitioner on behalf of videogram operators adversely affected by Presidential Decree No. 1987, An Act Creating the Videogram Regulatory Board" with broad powers to regulate and supervise the videogram industry. A month after the promulgation of the said Internal Revenue Code provided that: Presidential Decree, the amended the National
"SEC. 134. Video Tapes. There shall be collected on each processed video-tape cassette, ready for playback, regardless of length, an annual tax of five pesos; Provided, That locally manufactured or imported blank video tapes shall be subject to sales tax." "Section 10. Tax on Sale, Lease or Disposition of Videograms. Notwithstanding any provision of law to the contrary, the province shall collect a tax of thirty percent (30%) of the purchase price or rental rate, as the case may
TABLARIN VS. GUTIERREZ [152 SCRA 730; G.R. No. 78164; 31 July 1987] Facts: The petitioners sought to enjoin the Secretary of Education, Culture and Sports, the Board of Medical Education and the Center for Educational Measurement from enforcing Section 5 (a) and (f) of Republic Act No. 2382, as amended, and MECS Order No. 52, series of 1985, dated 23
Held: Yes. We conclude that prescribing the NMAT and requiring certain minimum scores therein as a condition for admission to medical schools in the Philippines, do not constitute an unconstitutional imposition. The police power, it is commonplace learning, is the pervasive and non-waivable power and authority of the sovereign to secure and promote all the important interests and needs in a word, the public order of the general community. An important component of that public order is the health and physical safety and well being of the population, the securing of which no one
CITY GOVERNMENT OF QUEZON CITY VS. ERICTA [122 SCRA 759; G.R. No. L-34915; 24 Jun 1983] Facts: Section 9 of Ordinance No. 6118, S-64, entitled "Ordinance Regulating The Establishment, Maintenance And Operation Of Private Memorial Type Cemetery Or Burial Ground Within The Jurisdiction Of Quezon City And Providing Penalties For The Violation Thereof" provides: Sec. 9. At least six (6) percent of the total area of the memorial park cemetery shall be set aside for charity burial of deceased persons who are paupers and have been residents of Quezon City for at least 5 years prior to their death, to be determined by competent City Authorities. The area so designated shall immediately be developed and should be open for operation not later than six months from the date of approval of the application. For several years, the aforequoted section of the Ordinance was not enforced but seven years after the enactment of the ordinance, the Quezon City Council passed a resolution to request the City Engineer, Quezon City, to stop any further selling and/or transaction of memorial park lots in Quezon City where the owners thereof have failed to donate the required 6% space intended for paupers burial. The Quezon City Engineer then notified respondent Himlayang Pilipino, Inc. in writing that Section 9 of the ordinance would be enforced. Respondent Himlayang Pilipino reacted by filing a petition for declaratory relief, prohibition and mandamus with preliminary injunction seeking to annul Section 9 of the Ordinance in question. Respondent alleged that the same is contrary to the Constitution, the Quezon City Charter, the Local Autonomy Act, and the Revised Administrative Code. Issue: Whether or Not Section 9 of the ordinance in question is a valid exercise of police power. Held: Section 9 of the City ordinance in question is not a valid exercise of police power. Section 9 cannot be justified under the power granted to Quezon City to tax, fix the license fee, and
Held: No. Under Section 7 of EO 1035, when the government or its authorized agent makes the required deposit, the trial court has a ministerial duty to issue a writ of possession. The expropriation of real property does not include mere physical entry or occupation of land. Although eminent domain usually involves a taking of title, there may also be compensable taking of only some, not all, of the property interests in the bundle of rights that constitute ownership.
In the instant case, it is manifest that the petitioner, in pursuit of an objective beneficial to public interest, seeks to realize the same through its power of eminent domain. In exercising this power, petitioner intended to acquire not only physical possession but also the legal right to possess and ultimately to own the subject property. Hence, its mere physical entry and occupation of the property fall short of the taking of title, which includes all the rights that may be exercised by an owner over the subject property.
CITY OF MANILA VS. CHINESE COMMUNITY [40 Phil 349; No. 14355; 31 Oct 1919] Facts: The City of Manila, plaintiff herein, prayed for the expropriation of a portion private cemetery for the conversion into an extension of Rizal Avenue. Plaintiff claims that it is necessary that such public improvement be made in the said portion of the private cemetery and that the said lands are within their jurisdiction. Defendants herein answered that the said expropriation was not necessary because other routes were available. They further claimed that the expropriation of the cemetery would create irreparable loss and injury to them and to all those persons owing and interested in the graves and monuments that would have to be destroyed. The lower court ruled that the said public improvement was not necessary on the particular-strip of land in question. Plaintiff herein assailed that they have the right to exercise the power of eminent domain and that the courts have no right to inquire and determine the necessity of the expropriation. Thus, the same filed an appeal. Issue: Whether or not the courts may inquire into, and hear proof of the necessity of the expropriation. Held: The courts have the power of restricting the exercise of eminent domain to the actual reasonable necessities of the case and for the purposes designated by the law. The moment the municipal corporation or entity attempts to exercise the authority conferred, it must comply with the conditions accompanying the authority. The necessity for conferring the authority upon a municipal corporation to exercise the right of eminent domain is admittedly within the power of the legislature. But whether or not the municipal corporation or entity is exercising the right in a particular case under the conditions imposed by the general authority, is a question that the courts have the right to inquire to. REPUBLIC VS. PLDT [26 SCRA 320; G.R. No. L-18841; 27 Jan 1969] Facts: The plaintiff Republic of the Philippines is a political entity exercising government powers through one of its branches, the Bureau of Telecommunication. Herein defendant, PLDT is a public service corporation holding a franchise to install operates and maintains a telephone system. After its creation, the BOT set up its own government telephone system by utilizing its own appropriations and other equipment and by renting trunk lines of the PLDT to enable the govt offices to call privately. BOT entered into an agreement with the RCA communications for joint overseas telephone service whereby BOT would convey overseas calls received by RCA to local residents. PLDT complained to the BOT that it was a violation of the condition of their agreement since the BOT had used trunk lines only for the use of government offices but even to serve private persons or the general public in competition with the business of PLDT. Subsequently, the plaintiff commenced suit against PLDT asking the court judgment be rendered ordering the PLDT to execute a contract with the plaintiff, through the BOT for the use of the facilities of PLDT's telephone system throughout the country under such conditions as the court may consider reasonable. The CFI rendered judgment stating that it could not compel PLDT to enter into such agreement. Hence this petition. Issue: Whether or Not PLDT may be compelled to enter into such agreement. Held: Yes, the state, may, in the interest of national welfare transfer utilities to public ownership upon payment of just compensation, there is no reason why the state ma not require a public utility to render services in the general interest provided just compensation is paid.
Facts: The four parcels of land which are the subject of this case is where the Mactan Export Processing Zone Authority in Cebu (EPZA) is to be constructed. Private respondent San Antonio Development Corporation (San Antonio, for brevity), in which these lands are registered under, claimed that the lands were expropriated to the government without them reaching the agreement as to the compensation. Respondent Judge Dulay then issued an order for the appointment of the commissioners to determine the just compensation. It was later found out that the payment of the government to San Antonio would be P15 per square meter, which was objected to by the latter contending that under PD 1533, the basis of just compensation shall be fair and according to the fair market value declared by the owner of the property sought to be expropriated, or by the assessor, whichever is lower. Such objection and the subsequent Motion for Reconsideration were denied and hearing was set for the reception of the commissioners report. EPZA then filed this petition for certiorari and mandamus enjoining the respondent from further hearing the case. Issue: Whether or Not the exclusive and mandatory mode of determining just compensation in PD 1533 is unconstitutional. Held: The Supreme Court ruled that the mode of determination of just compensation in PD 1533 is unconstitutional. The method of ascertaining just compensation constitutes impermissible encroachment to judicial prerogatives. It tends to render the courts inutile in a matter in which under the Constitution is reserved to it for financial determination. The valuation in the decree may only serve as guiding principle or one of the factors in determining just compensation, but it may not substitute the courts own judgment as to what amount should be awarded and how to arrive at such amount. The determination of just compensation is a judicial function. The executive department or the legislature may make the initial determination but when a party claims a violation of the guarantee in the Bill of Rights that the private party may not be taken for public use without just compensation, no statute, decree, or executive order can mandate that its own determination shall prevail over the courts findings. Much less can the courts be precluded from looking into the justness of the decreed compensation. AMIGABLE VS. CUENCA [43 SCRA 360; G.R. No. L-26400; 29 Feb. 1972] Facts: Victoria Amigable is the registered owner of a particular lot. At the back of her Transfer Certificate of Title (1924), there was no annotation in favor of the government of any right or interest in the property. Without prior expropriation or negotiated sale, the government used a portion of the lot for the construction of the Mango and Gorordo Avenues. On 1958, Amigables counsel wrote the President of the Philippines, requesting payment of the portion of the said lot. It was disallowed by the Auditor General in his 9th Endorsement. Petitioner then filed in the court a quo a complaint against the Republic of the Philippines and Nicolas Cuenca, in his capacity as Commissioner of Public Highways for the recovery of ownership and possession of the lot. According to the defendants, the action was premature because it was not filed first at the Office of the Auditor General. According to them, the right of action for the recovery of any amount had already prescribed, that the Government had not given its consent to be sued, and that plaintiff had no cause of action against the defendants. Issue: Whether or Not, under the facts of the case, appellant may properly sue the government. Held: In the case of Ministerio v. Court of First Instance of Cebu, it was held that when the government takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale, the aggrieved party may properly maintain a suit against the government without violating the doctrine of governmental immunity from suit without its consent. In the case at bar, since no annotation in favor of the government appears at the
Held: The Supreme Court declared the Resolution as unconstitutional. It held that to compel print media companies to donate Comelec space amounts to taking of private personal property without payment of the just compensation required in expropriation cases. Moreover, the element of necessity for the taking has not been established by respondent Comelec, considering that the newspapers were not unwilling to sell advertising space. The taking of private property for public use is authorized by the constitution, but not without payment of just compensation. Also Resolution No. 2772 does not constitute a valid exercise of the police power of the state. In the case at bench, there is no showing of existence of a national emergency to take private property of newspaper or magazine publishers. REYES VS. NATIONAL HOUSING AUTHORITY [395 SCRA 494; GR NO. 147511; 20 JAN 2003] Facts: Respondent National Housing Authority (NHA) filed complaints for the expropriation of sugarcane lands belonging to the petitioners. The stated public purpose of the expropriation was the expansion of the Dasmarias Resettlement Project to accommodate the squatters who were relocated from the Metropolitan Manila area. The trial court rendered judgment ordering the expropriation of these lots and the payment of just compensation. The Supreme Court affirmed the judgment of the lower court. A few years later, petitioners contended that respondent NHA violated the stated public purpose for the expansion of the Dasmarias Resettlement Project when it failed to relocate the squatters from the Metro Manila area, as borne out by the ocular inspection conducted by the trial court which showed that most of the expropriated properties remain unoccupied. Petitioners likewise question the public nature of the use by respondent NHA when it entered into a contract for the construction of low cost housing units, which is allegedly different from the stated public purpose in the expropriation proceedings. Hence, it is claimed that respondent NHA has forfeited its rights
ASLP VS. SEC. OF AGRARIAN REFORM [175 SCRA 343; G.R. NO. 78742; 14 JUL 1989] Facts: Several petitions are the root of the case: e. A petition alleging the constitutionality of PD No. 27, EO 228 and 229 and RA 6657. Subjects of the petition are a 9-hectare and 5 hectare Riceland worked by four tenants. Tenants were declared full owners by EO 228 as qualified farmers under PD 27. The petitioners now contend that President Aquino usurped the legislatures power.
THE POWER OF TAXATION PASCUAL VS. SEC. OF PUBLIC WORKS [110 PHIL 331; G.R. NO.L-10405; 29 DEC 1960] Facts: Petitioner, the governor of the Province of Rizal, filed an action for declaratory relief with injunction on the ground that RA 920, Act appropriating funds for public works, providing P85,000 for the construction, reconstruction, repair, extension and improvement of Pasig feeder road terminals, were nothing but projected and planned subdivision roads within Antonio Subdivision. Antonio Subdivision is owned by the respondent, Jose Zulueta, a member of the Senate of the Philippines. Respondent offered to donate the said feeder roads to the municipality of Pasig and the offer was accepted by the council, subject to a condition that the donor would submit plan of the roads and an agreement to change the names of two of the street. However, the donation was not executed, which prompted Zuleta to write a letter to the district engineer calling attention the approval of RA 920. The district engineer, on the other hand, did not endorse the letter that inasmuch the feeder roads in question were private property at the time of passage and approval of RA 920, the appropriation for the construction was illegal and therefore, void ab initio. Petitioner, prayed for RA 920 be declared null and void and the alleged deed of donation be declared unconstitutional. Lower court dismissed the case and dissolved the writ of preliminary injunction. Issue: Whether or Not the deed of donation and the appropriation of funds stipulated in RA 920 are constitutional. Held: The ruling case law rules that the legislature is without power to appropriate public revenue for anything but public purpose. The taxing power must be exercised for public purposes only and the money raised by taxation can be expended only for public purposes and not for the advantage of private individuals. In the case at bar, the legality of the appropriation of the feeder roads depend upon whether the said roads were public or private property when the bill was passed by congress or when it became effective. The land which was owned by Zulueta, the appropriation sought a private purpose and hence, null and void. The donation did not cure the nullity of the appropriation; therefore a judicial nullification of a said donation need not precede the declaration of unconstitutionality of the said appropriation. The decision appealed from is reversed.
PUNSALAN VS. MUNICIPAL BOARD OF MANILA [95 PHIL 46; NO.L-4817; 26 MAY 1954] Facts: Petitioners, who are professionals in the city, assail Ordinance No. 3398 together with the law authorizing it (Section 18 of the Revised Charter of the City of Manila). The ordinance imposes a municipal occupation tax on persons exercising various professions in the city and penalizes nonpayment of the same. The law authorizing said ordinance empowers the Municipal Board of the city to impose a municipal occupation tax on persons engaged in various professions. Petitioners, having already paid their occupation tax under section 201 of the National Internal Revenue Code, paid the tax under protest as imposed by Ordinance No. 3398. The lower court declared the ordinance invalid and affirmed the validity of the law authorizing it. Issue: Whether or Not the ordinance and law authorizing it constitute class legislation, and authorize what amounts to double taxation. Held:
The Legislature may, in its discretion, select what occupations shall be taxed, and in its discretion may tax all, or select classes of occupation for taxation, and leave others untaxed. It is not for the courts to judge which cities or municipalities should be empowered to impose occupation taxes aside from that imposed by the National Government. That matter is within the domain of political departments. The argument against double taxation may not be invoked if one tax is imposed by the state and the other is imposed by the city. It is widely recognized that there is nothing inherently terrible in the requirement that taxes be exacted with respect to the same occupation by both the state and the political subdivisions thereof. Judgment of the lower court is reversed with regards to the ordinance and affirmed as to the law authorizing it. OSMEA VS. ORBOS [220 SCRA 703; G.R. NO. 99886; 31 MAR 1993] Facts: On October 10, 1984, Pres. Marcos issued P.D. 1956 creating a Special Account in the General Fund, designated as the Oil Price Stabilization Fund (OPSF). The OPSF was designed to reimburse oil companies for cost increases in crude oil and imported petroleum products resulting from exchange rate adjustments and from increases in the world market prices of crude oil. Subsequently, the OPSF was reclassified into a "trust liability account," in virtue of E.O. 1024, and ordered released from the National Treasury to the Ministry of Energy. Pres. Aquino, amended P.D. 1956. She promulgated Executive Order No. 137 on February 27, 1987, expanding the grounds for reimbursement to oil companies for possible cost underrecovery incurred as a result of the reduction of domestic prices of petroleum products, the amount of the underrecovery being left for determination by the Ministry of Finance. The petition avers that the creation of the trust fund violates 29(3), Article VI of the Constitution, reading as follows: (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purposes only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. The petitioner argues that "the monies collected pursuant to . . P.D. 1956, as amended, must be treated as a 'SPECIAL FUND,' not as a 'trust account' or a 'trust fund,' and that "if a special tax is collected for a specific purpose, the revenue generated therefrom shall 'be treated as a special fund' to be used only for the purpose indicated, and not channeled to another government objective." Petitioner further points out that since "a 'special fund' consists of monies collected through the taxing power of a State, such amounts belong to the State, although the use thereof is limited to the special purpose/objective for which it was created." He also contends that the "delegation of legislative authority" to the ERB violates 28 (2). Article VI of the Constitution, viz.: (2) The Congress may, by law, authorize the President to fix, within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government; and, inasmuch as the delegation relates to the exercise of the power of taxation, "the limits, limitations and restrictions must be quantitative, that is, the law must not only specify how to tax, who (shall) be taxed (and) what the tax is for, but also impose a specific limit on how much to tax." 12 Issue: Whether or Not the invalidity of the "TRUST ACCOUNT" in the books of account of the Ministry of Energy (now, the Office of Energy Affairs), created pursuant to 8, paragraph 1, of P.D. No. 1956, as amended, "said creation of a trust fund being contrary to Section 29 (3), Article VI of the Constitution.
Held: The OPSF is a "Trust Account" which was established "for the purpose of minimizing the frequent price changes brought about by exchange rate adjustment and/or changes in world market prices of crude oil and imported petroleum products." Under P.D. No. 1956, as amended by Executive Order No. 137 dated 27 February 1987, this Trust Account may be funded from any of the following sources: a) Any increase in the tax collection from ad valorem tax or customs duty imposed on petroleum products subject to tax under this Decree arising from exchange rate adjustment, as may be determined by the Minister of Finance in consultation with the Board of Energy; b) Any increase in the tax collection as a result of the lifting of tax exemptions of government corporations, as may be determined by the Minister of Finance in consultation with the Board of Energy; c) Any additional amount to be imposed on petroleum products to augment the resources of the Fund through an appropriate Order that may be issued by the Board of Energy requiring payment of persons or companies engaged in the business of importing, manufacturing and/or marketing petroleum products; d) Any resulting peso cost differentials in case the actual peso costs paid by oil companies in the importation of crude oil and petroleum products is less than the peso costs computed using the reference foreign exchange rate as fixed by the Board of Energy. Hence, it seems clear that while the funds collected may be referred to as taxes, they are exacted in the exercise of the police power of the State. Moreover, that the OPSF is a special fund is plain from the special treatment given it by E.O. 137. It is segregated from the general fund; and while it is placed in what the law refers to as a "trust liability account," the fund nonetheless remains subject to the scrutiny and review of the COA. The Court is satisfied that these measures comply with the constitutional description of a "special fund." Indeed, the practice is not without precedent. With regard to the alleged undue delegation of legislative power, the Court finds that the provision conferring the authority upon the ERB to impose additional amounts on petroleum products provides a sufficient standard by which the authority must be exercised. In addition to the general policy of the law to protect the local consumer by stabilizing and subsidizing domestic pump rates, 8(c) of P.D. 1956 expressly authorizes the ERB to impose additional amounts to augment the resources of the Fund. What petitioner would wish is the fixing of some definite, quantitative restriction, or "a specific limit on how much to tax." The Court is cited to this requirement by the petitioner on the premise that what is involved here is the power of taxation; but as already discussed, this is not the case. What is here involved is not so much the power of taxation as police power. Although the provision authorizing the ERB to impose additional amounts could be construed to refer to the power of taxation, it cannot be overlooked that the overriding consideration is to enable the delegate to act with expediency in carrying out the objectives of the law which are embraced by the police power of the State. The interplay and constant fluctuation of the various factors involved in the determination of the price of oil and petroleum products, and the frequently shifting need to either augment or exhaust the Fund, do not conveniently permit the setting of fixed or rigid parameters in the law as proposed by the petitioner. To do so would render the ERB unable to respond effectively so as to mitigate or avoid the undesirable consequences of such fluidity. As such, the standard as it is expressed suffices to guide the delegate in the exercise of the delegated power, taking account of the circumstances under which it is to be exercised. LLADOC VS. COMMISSIONER OF INTERNAL REVENUE [14 SCRA 292; NO.L-19201; 16 JUN 1965]
CASSANOVAS VS. HORD [8 Phil 125; No. 3473; 22 Mar 1907] Facts: The Spanish Govt. by virtue of a royal decree granted the plaintiff certain mines. The plaintiff is now the owner of those mines. The Collector of Internal Revenue imposed tax on the properties, contending that they were valid perfected mine concessions and it falls within the provisions of sec.134 of Act No. 1189 known as Internal Revenue Act. The plaintiff paid under protest. He brought an action against the defendant Collector of Internal Revenue to recover the sum of Php. 9, 600 paid by him as taxes. Judgment was rendered in favor of the defendant, so the plaintiff appealed. Issue: Whether or Not Sec. 164 is void or valid. Held: The deed constituted a contract between the Spanish Government and the plaintiff. The obligation of which contract was impaired by the enactment of sec. 134 of the Internal Revenue Law infringing sec. 5 of the Act of Congress which provides that no law impairing the obligation of contracts shall be enacted. Sec. 134 of the Internal Revenue Law of 1904 is void because it impairs the obligation of contracts contained in the concessions of mine made by the Spanish Government. Judgment reversed.
ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSO. VS. MAYOR OF MANILA [20 SCRA 849; G.R. NO.L-24693; 31 JULY 1967] Facts: Petitioners Ermita-Malate Hotel and Motel Operators Association with one of its members, Hotel del Mar Inc., and Go Chiu, the president and general manager of the second petitioner, filed a petition for prohibition against Ordinance No. 4760 against the respondent Mayor of the City of Manila who was sued in his capacity as such charged with the general power and duty to enforce ordinances of the City of Manila and to give the necessary orders for the execution and enforcement of such ordinances. It was alleged that the petitioner non-stock corporation is dedicated to the promotion and protection of the interest of its eighteen members operating hotels and motels, characterized as legitimate businesses duly licensed by both national and city authorities and regularly paying taxes. It was alleged that on June 13, 1963, the Municipal Board of the City of Manila enacted Ordinance No. 4760, approved on June 14, 1963 by the then acting City Mayor, Vice-Mayor Herminio Astorga. After which the alleged grievances against the ordinance were set forth in detail. There was the assertion of its being beyond the powers of the Municipal Board of the City of Manila to enact insofar as it regulate motels, on the ground that in the revised charter of the City of Manila or in any other law, no reference is made to motels. it also being provided that the premises and facilities of such hotels, motels and lodging houses would be open for inspection either by the City Mayor, or the Chief of Police, or their duly authorized representatives. The lower court on July 6, 1963 issued a writ of preliminary injunction ordering respondent Mayor to refrain from enforcing said Ordinance No. 4760 from and after July 8, 1963. Issue: Whether or Not Ordinance No. 4760 of the City of Manila is unconstitutional, therefore, null and void. Held: A decent regard for constitutional doctrines of a fundamental character ought to have admonished the lower court against such a sweeping condemnation of the challenged ordinance. Its decision cannot be allowed to stand, consistently with what has been the accepted standards of constitutional adjudication, in both procedural and substantive aspects. Primarily what calls for a reversal of such a decision is the absence of any evidence to offset the presumption of validity that attaches to a challenged statute or ordinance. As was expressed categorically by Justice Malcolm: "The presumption is all in favor of validity x x x . The action of the elected representatives of the people cannot be lightly set aside. The councilors must, in the very nature of things, be familiar with the necessities of their particular municipality and with all the facts and circumstances which surround the subject and necessitate action. The local legislative body, by enacting the ordinance, has in effect given notice that the regulations are essential to the well being of the people x x x . The Judiciary should not lightly set aside legislative action when there is not a clear invasion of personal or property rights under the guise of police regulation. It admits of no doubt therefore that there being a presumption of validity, the necessity for evidence to rebut it is unavoidable, unless the statute or ordinance is void on its face which is not the case here. The principle has been nowhere better expressed than in the leading case of O'Gorman & Young v. Hartford Fire Insurance Co. where the American Supreme Court through Justice Brandeis tersely and succinctly summed up the matter thus: The statute here questioned deals with a subject clearly within the scope of the police power. We are asked to declare it void on the ground that the specific method of regulation prescribed is unreasonable and hence deprives the plaintiff of due process of law. As underlying questions of fact may condition the constitutionality of legislation of this character, the resumption of constitutionality must prevail in the absence of some factual foundation of record for overthrowing the statute." No such factual foundation being laid in the present case, the lower court deciding the matter on the pleadings and the stipulation of facts, the presumption of validity must prevail and the judgment against the ordinance set aside.
VILLEGAS VS. HIU CHIONG [86 SCRA 270; NO.L-29646; 10 NOV 1978] Facts: The controverted Ordinance no. 6537 was passed by the Municipal Board of Manila on February 22, 1968 and signed by Mayor Villegas. It is an ordinance making it unlawful for any person not a citizen of the Philippines to be employed in any place of employment or to be engaged in any kind of trade business or occupation within the city of Manila without securing an employment permit from the Mayor of Manila and for other purposes. Hiu Chiong Tsai Pao Ho, who was employed in Manila filed a petition praying for the writ of preliminary injunction and restraining order to stop the enforcement of said ordinance. Issue: Whether or Not Ordinance no.6537 violates the due process and equal protection clauses of the Constitution. Held: It is a revenue measure. The city ordinance which imposes a fee of 50.00 pesos to enable aliens generally to be employed in the city of Manila is not only for the purpose of regulation. While it is true that the first part which requires the alien to secure an employment permit from the Mayor involves the exercise of discretion and judgment in processing and approval or disapproval of application is regulatory in character, the second part which requires the payment of a sum of 50.00 pesos is not a regulatory but a revenue measure. Ordinance no. 6537 is void and unconstitutional. This is tantamount to denial of the basic human right of the people in the Philippines to engaged in a means of livelihood. While it is true that the Philippines as a state is not obliged to admit aliens within it's territory, once an alien is admitted he cannot be deprived of life without due process of law. This guarantee includes the means of livelihood. Also it does not lay down any standard to guide the City Mayor in the issuance or denial of an alien employment permit fee. NAMIL VS. COMELEC [414 SCRA 553; G.R. NO. 150540; 28 OCT 2003] Facts: On May 20, 2001, the Municipal Board of Canvassers of Palimbang, Sultan Kudarat proclaimed the petitioners as winning candidates for their Sangguniang Bayan. The following day, herein private respondents were proclaimed winners as well. Private respondents claimed that they should be recognized as the winners, and not the petitioners. Upon receipt of such letter, the Commissioner-in-charge for Region XII asked the Law Department, the Regional Election Registrar and the Provincial Elections Supervisor to submit their reports on the matter. All of them found the second proclamation valid. Hence, the COMELEC issued a Resolution ordering the immediate installation of the private respondents as the newly elected members of the Sangguniang Bayan, even though petitioners herein have already taken their oath and have assumed office. Petitioners contend that such Resolution is null and void because they were not accorded due notice and hearing, hence constituting a violation of the due process principle. Issue: Whether or Not due the COMELEC has the power to suspend a proclamation or the effects thereof without notice and hearing. Held: No. The COMELEC is without power to partially or totally annul a proclamation or suspend the effects of a proclamation without notice and hearing. The proclamation on May 20, 2001 enjoys the presumption of regularity and validity since no contest or protest was even filed assailing the same. The petitioners cannot be removed from office without due process of law. Due process in quasi-judicial proceedings before the COMELEC requires due notice and hearing. Furthermore, the proclamation of a winning candidate cannot be annulled if he has not been notified of any motion to set aside his proclamation. Hence, as ruled in Farias vs. COMELEC,
RUBI VS. PROVINCIAL BOARD OF MINDORO [39 PHIL 660; G.R. NO. 14078; 7 MAR 1919] Facts: This is an application for habeas corpus in favor of Rubi and other Manguianes of the Province of Mindoro. The provincial board of Mindoro adopted resolution No. 25 which states that provincial governor of any province in which non-Christian inhabitants (uncivilized tribes) are found is authorized, when such a course is deemed necessary in the interest of law and order, to direct such inhabitants to take up their habitation on sites on unoccupied public lands to be selected by him and approved by the provincial board. It is resolved that under section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro. Further, Mangyans may only solicit homesteads on this reservation providing that said homestead applications are previously recommended by the provincial governor. Thereafter, the provincial governor of Mindoro issued executive order No. 2, which says that the provincial governor has selected a site in the sitio of Tigbao on Naujan Lake for the permanent settlement of Mangyanes in Mindoro. In that case, pursuant to Section 2145 of the Revised Administrative Code, all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi's place in Calapan, were ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the revised Administrative Code. Said resolution of the provincial board of Mindoro were claimed as necessary measures for the protection of the Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to introduce civilized customs among them. It appeared that Rubi and those living in his rancheria have not fixed their dwelling within the reservation of Tigbao and are liable to be punished. It is alleged that the Manguianes are being illegally deprived of their liberty by the provincial officials of that province. Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run away form the reservation. Issue: Whether or Not Section 2145 of the Administrative Code deprive a person of his liberty without due process of law. Whether or Not Section 2145 of the Administrative Code of 1917 is constitutional. Held: The Court held that section 2145 of the Administrative Code does not deprive a person of his liberty without due process of law and does not deny to him the equal protection of the laws, and that confinement in reservations in accordance with said section does not constitute slavery and involuntary servitude. The Court is further of the opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power, somewhat analogous to the Indian policy of the United States. Section 2145 of the Administrative Code of 1917 is constitutional. The preamble of the resolution of the provincial board of Mindoro which set apart the Tigbao reservation, it will be read, assigned as reasons fort the action, the following: (1) The failure of former attempts for the advancement of the non-Christian people of the province; and (2) the only successfully method for educating the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-General adds the following; (3) The protection of the Manguianes; (4) the protection of the public forests in which they roam; (5) the necessity of introducing civilized customs among the Manguianes. Considered purely as an exercise of the police power, the courts cannot fairly say that the Legislature has exceeded its rightful authority. It is, indeed, an unusual exercise of that power. But a great malady requires an equally drastic remedy. One cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is
Whether or Not petitioner can be validly prosecuted for instructing his driver to return the firearms issued to him on the basis of the evidence gathered from the warrant less search of his car
Held: A valid search must be authorized by a search warrant issued by an appropriate authority. However, a warrantless search is not violative of the Constitution for as long as the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of the vehicle is merely limited to a visual search. In the case at bar, the guns were not tucked in Arellanos waist nor placed within his reach, as they were neatly packed in gun cases and placed inside a bag at the back of the car. Given these circumstances, the PNP could not have thoroughly searched the car lawfully as well as the package without violating the constitutional injunction. Absent any justifying circumstance specifically pointing to the culpability of petitioner and Arellano, the search could not have been valid. Consequently, the firearms obtained from the warrantless search cannot be admitted for any purpose in any proceeding. It was also shown in the facts that the PNP had not informed the public of the purpose of setting up the checkpoint. Petitioner was also not among those charged by the PNP with violation of the Omnibus Election Code. He was not informed by the City Prosecutor that he was a respondent in the preliminary investigation. Such constituted a violation of his right to due process. Hence, it cannot be contended that petitioner was fully given the opportunity to meet the accusation against him as he was not informed that he was himself a respondent in the case. Thus, the warrantless search conducted by the PNP is declared illegal and the firearms seized during the search cannot be used as evidence in any proceeding against the petitioner. Resolution No. 92-0829 is unconstitutional, and therefore, set aside. JAVIER VS. COMELEC [144 SCRA 194; G.R. NOS. L-68379-81; 22 SEPT 1986] Facts: The petitioner and the private respondent were candidates in Antique for the Batasang Pambansa in the May 1984 elections. The former appeared to enjoy more popular support but the latter had the advantage of being the nominee of the KBL with all its perquisites of power. On May 13, 1984, the eve of the elections, the bitter contest between the two came to a head when several followers of the petitioner were ambushed and killed, allegedly by the latter's men. Seven suspects, including respondent Pacificador, are now facing trial for these murders. Owing to what he claimed were attempts to railroad the private respondent's proclamation, the petitioner went to the Commission on Elections to question the canvass of the election returns. His complaints were dismissed and the private respondent was proclaimed winner by the Second Division of the said body. The petitioner thereupon came to this Court, arguing that the proclamation was void because made only by a division and not by the Commission on Elections en banc as required by the Constitution. Meanwhile, on the strength of his proclamation, the private respondent took his oath as a member of the Batasang Pambansa.
Issue: Whether or Not the Second Division of the Commission on Elections authorized to promulgate its decision of July 23, 1984, proclaiming the private respondent the winner in the election. Held: This Court has repeatedly and consistently demanded "the cold neutrality of an impartial judge" as the indispensable imperative of due process. To bolster that requirement, we have held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. The litigants are entitled to no less than that. They should be sure that when their rights are violated they can go to a judge who shall give them justice. They must trust the judge, otherwise they will not go to him at all. They must believe in his sense of fairness, otherwise they will not seek his judgment. Without such confidence, there would be no point in invoking his action for the justice they expect. Due process is intended to insure that confidence by requiring compliance with what Justice Frankfurter calls the rudiments of fair play. Fair play cans for equal justice. There cannot be equal
(1)
(2) (3) (4) (5) (6) (7)
The right to hearing, includes the right to present ones case and submit evidence presented. The tribunal must consider the evidence presented The decision must have something to support itself. Evidence must be substantial (reasonable evidence that is adequate to support conclusion) Decision must be based on the evidence presented at hearing The tribunal body must act on its own independent consideration of law and facts and not simply accept subordinates views Court must render decision in such a manner that the proceeding can know the various issued involved and reasons for decisions rendered.
The court stresses that while there is no controlling and precise definition of Due Process, it gives an unavoidable standard that government actions must conform in order that deprivation of life, liberty and property is valid. The closure of the radio station is like wise a violation of the constitutional right of freedom of speech and expression. The court stresses that all forms of media, whether print or broadcast are entitled to this constitutional right. Although the government still has the right to be protected against broadcasts which incite the listeners to violently overthrow it. The test for the limitation of freedom of expression is the clear and present danger rule. If in the circumstances that the media is used in such nature as to create this danger that will bring in such evils, then the law has the right to prevent it. However, Radio and television may not be used to organize a rebellion or signal a start of widespread uprising. The freedom to comment on public affairs is essential to the vitality of a representative democracy. The people continues to have the right to be informed on public affairs and broadcast media continues to have the pervasive influence to the people being the most accessible form of media. Therefore, broadcast stations deserve the the special protection given to all forms of media by the due process and freedom of expression clauses of the Constitution. ANG TIBAY VS. COURT OF INDUSTRIAL RELATIONS (CIR) [69 PHIL 635; G.R. NO. 46496; 27 FEB 1940] Facts: There was agreement between Ang Tibay and the National Labor Union, Inc (NLU). The NLU alleged that the supposed lack of leather material claimed by Toribio Teodoro was but a scheme
The fact, however, that the CIR may be said to be free from rigidity of certain procedural requirements does not mean that it can in justiciable cases coming before it, entirely ignore or disregard the fundamental and essential requirements of due process in trials and investigations of an administrative character. There cardinal primary rights which must be respected even in proceedings of this character: (1) the right to a hearing, which includes the right to present one's cause and submit evidence in support thereof; (2) The tribunal must consider the evidence presented; (3) The decision must have something to support itself; (4) The evidence must be substantial; (5) The decision must be based on the evidence presented at the hearing; or at least contained in the record and disclosed to the parties affected; (6) The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate; (7) The Board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various Issue involved, and the reason for the decision rendered. The failure to grasp the fundamental issue involved is not entirely attributable to the parties adversely affected by the result. Accordingly, the motion for a new trial should be, and the same is hereby granted, and the entire record of this case shall be remanded to the CIR, with instruction that it reopen the case receive all such evidence as may be relevant, and otherwise proceed in accordance with the requirements set forth. So ordered. ATENEO DE MANILA UNIVERSITY VS. HON. JUDGE IGNACIO CAPULONG [222 SCRA 644; G.R. 99327; 27 MAY 1993] Facts: Leonardo H. Villa, a first year law student of Petitioner University, died of serious physical injuries at Chinese General Hospital after the initiation rites of Aquila Legis. Bienvenido Marquez was also hospitalized at the Capitol Medical Center for acute renal failure occasioned by the serious
(1) the students must be informed in writing of the nature and cause of any
accusation against them; (2) that they shall have the right to answer the charges against them with the assistance of counsel, if desired: (3) they shall be informed of the evidence against them (4) they shall have the right to adduce evidence in their own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
US GOVERNMENT VS. JUDGE PURUNGAN [389 SCRA 623; G.R. NO. 148571, 24 SEPT 2002] Facts: The United States of America, pursuant to the existing RP-US extradition treaty, requested the extradition of Mark B. Jimenez. Upon receipt of the request, the secretary of foreign affairs (SFA) transmitted them to the secretary of justice (SOJ) for appropriate action. In such event, the RTC held that Jimenez shell be deprived of the right to notice and hearing during the evaluation stage of the extradition process. Thereafter the US government, through DOJ, filed Petition for Extradition and Jimenezs immediate arrest, to avoid flight. Before the RTC could render its decision, Jimenez filed an "Urgent Manifestation/Ex-Parte Motion," praying that his application for
EQUAL PROTECTION Art 3, Sec. 1. nor shall any person be denied the equal protection of the laws. PEOPLE VS. CAYAT [68 PHIL 12; G.R. NO. 45987; 5 MAY 1939] Facts: Law prohibits any member of a non-Christian tribe to buy, receive, have in his possession, or drink, any intoxicating liquors of any kind. The law, Act No. 1639, exempts only the so-called native wines or liquors which the members of such tribes have been accustomed to take. Issue: Whether or Not the law denies equal protection to one prosecuted and sentenced for violation of said law. Held: No. It satisfies the requirements of a valid classification, one of which is that the classification under the law must rest on real or substantial distinctions. The distinction is reasonable. The classification between the members of the non- Christian and the members of the Christian tribes is not based upon accident of birth or parentage but upon the degree of civilization and culture. The term non-Christian tribes refers to a geographical area and more directly to natives of the Philippines of a low grade civilization usually living in tribal relationship apart from settled communities. The distinction is reasonable for the Act was intended to meet the peculiar conditions existing in the non- Christian tribes The prohibition is germane to the purposes of the law. It is designed to insure peace and order in and among the non- Christian tribes has often resulted in lawlessness and crime thereby hampering the efforts of the government to raise their standards of life and civilization. This law is not limited in its application to conditions existing at the time of the enactment. It is intended to apply for all times as long as those conditions exists. The Act applies equally to all members of the class. That it may be unfair in its operation against a certain number of non- Christians by reason of their degree of culture is not an argument against the equality of its operation nor affect the reasonableness of the classification thus established.
PASEI VS. DRILON [163 SCRA 386; L-81958; 30 JUN 1988] Facts: Petitioner, Phil association of Service Exporters, Inc., is engaged principally in the recruitment of Filipino workers, male and female of overseas employment. It challenges the constitutional validity of Dept. Order No. 1 (1998) of DOLE entitled Guidelines Governing the Temporary Suspension of Deployment of Filipino Domestic and Household Workers. It claims that such order is a discrimination against males and females. The Order does not apply to all Filipino workers but only to domestic helpers and females with similar skills, and that it is in violation of the right to travel, it also being an invalid exercise of the lawmaking power. Further, PASEI invokes Sec 3 of Art 13 of the Constitution, providing for worker participation in policy and decision-making processes affecting their rights and benefits as may be provided by law. Thereafter the Solicitor General on behalf of DOLE submitting to the validity of the challenged guidelines involving the police power of the State and informed the court that the respondent have lifted the deployment ban in some states where there exists bilateral agreement with the Philippines and existing mechanism providing for sufficient safeguards to ensure the welfare and protection of the Filipino workers. Issue:
In the case at bar, the classifications made, rest on substantial distinctions. Dept. Order No. 1 does not impair the right to travel. The consequence of the deployment ban has on the right to travel does not impair the right, as the right to travel is subjects among other things, to the requirements of public safety as may be provided by law. Deployment ban of female domestic helper is a valid exercise of police power. Police power as been defined as the state authority to enact legislation that may interfere with personal liberty or property in order to promote general welfare. Neither is there merit in the contention that Department Order No. 1 constitutes an invalid exercise of legislative power as the labor code vest the DOLE with rule making powers. DUMLAO VS. COMELEC [95 SCRA 392; L-52245; 22 JAN 1980] Facts: Petitioner questions the constitutionality of section 4 of Batas Pambansa Blg. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. Section 4 provided that any retired municipal or provincial city official that already received retirement benefits and is 65 years of age shall not be qualified to run for the same local elective office from which he has retired. Issue: Whether or Not Sec. 4 of BP.52 is unconstitutional being contrary to the equal protection and due process rights. Held: No. The guarantee of equal protection is subject to rational classification based on reasonable and real differentiations. In the present case, employees 65 years of age have been classified differently from younger employees. The former are subject to compulsory retirement while the latter are not. Retirement is not a reasonable disqualification for elective local officials because there can be retirees who are even younger and a 65 year old retiree could be as good as a 65 year old official who is not a retiree. But there is reason to disqualify a 65 year old elective official who is trying to run for office because there is the need for new blood to assume relevance. When an official has retired he has already declared himself tired and unavailable for the same government work. WHEREFORE, the first paragraph of section 4 of Batas pambansa Bilang 52 is hereby declared valid. TELECOMMUNICATIONS AND BROADCAST ATTORNEYS OF THE PHILS. VS. COMELEC [289 SCRA 337; G.R. NO. 132922; 21 APR 1998] Facts: Petitioner Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP) is an organization of lawyers of radio and television broadcasting companies. It was declared to be
Hon. Jose W. Diokno, in his capacity as Secretary of Justice, Jose Lukban, in his capacity as Acting Director, National Bureau of Investigation, Special Prosecutors Pedro D. Cenzon, Efren I. Plana and Manuel Villareal, Jr. and Assistant Fiscal Maneses G. Reyes, City of Manila. 2 Hon. Amado Roan, Judge of the Municipal (now City) Court of Manila, Hon. Roman Cansino, Judge of the Municipal (now City) Court of Manila, Hon. Hermogenes Caluag, Judge of the Court of First Instance of Rizal, Quezon City Branch, Hon. Eulogio Mencias, Judge of the Court of First Instance of Rizal, Pasig Branch, and Hon. Damian Jimenez, Judge of the Municipal (now City) Court of Quezon City. 3 Covering the period from March 3 to March 9, 1962. 4 Harry S. Stonehill, Robert P. Brooks, John J. Brooks and Karl Beck. 5 U.S. Tobacco Corporation, Atlas Cement Corporation, Atlas Development Corporation, Far East Publishing Corporation (Evening News), Investment Inc., Industrial Business Management Corporation, General Agricultural Corporation, American Asiatic Oil Corporation, Investment Management Corporation, Holiday Hills, Inc., Republic Glass Corporation, Industrial and Business Management Corporation, United Housing Corporation, The Philippine Tobacco-FlueCuring and Redrying Corporation, Republic Real Estate Corporation and Merconsel Corporation.
1
BURGOS, SR. V. CHIEF OF STAFF, AFP [133 SCRA 800; G.R. NO. 64261; 26 DEC 1984] Facts: Petitioners assail the validity of 2 search warrants issued on December 7, 1982 by respondent Judge Cruz-Pano of the then Court of First Instance of Rizal, under which the premises known as No. 19, Road 3, Project 6, Quezon City, and 784 Units C & D, RMS Building, Quezon Avenue, Quezon City, business addresses of the "Metropolitan Mail" and "We Forum" newspapers, respectively, were searched, and office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of petitioner Jose Burgos, Jr. publisher-editor of the "We Forum" newspaper, were seized. As a consequence of the search and seizure, these premises were padlocked and sealed, with the further result that the printing and publication of said newspapers were discontinued. Respondents contend that petitioners should have filed a motion to quash said warrants in the court that issued them before impugning the validity of the same before this Court. Respondents also assail the petition on ground of laches (Failure or negligence for an unreasonable and unexplained length of time to do that which, by exercising due diligence, could or should have been done earlier. It is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it). Respondents further state that since petitioner had already used as evidence some of the documents seized in a prior criminal case, he is stopped from challenging the validity of the search warrants. Petitioners submit the following reasons to nullify the questioned warrants: 1. Respondent Judge failed to conduct an examination under oath or affirmation of the applicant and his witnesses, as mandated by the above-quoted constitutional provision as well as Sec. 4, Rule 126 of the Rules of Court. 2. The search warrants pinpointed only one address which would be the former abovementioned address. 3. Articles belonging to his co-petitioners were also seized although the warrants were only directed against Jose Burgos, Jr. 4. Real properties were seized. 5. The application along with a joint affidavit, upon which the warrants were issued, from the Metrocom Intelligence and Security Group could not have provided sufficient basis for the finding of a probable cause upon which a warrant may be validly issued in accordance with Section 3, Article IV of the 1973 Constitution.
Respondents justify the continued sealing of the printing machines on the ground that they have been sequestered under Section 8 of Presidential Decree No. 885, as amended, which authorizes sequestration of the property of any person engaged in subversive activities against the government in accordance with implementing rules and regulations as may be issued by the Secretary of National Defense. Issue: Whether or Not the 2 search warrants were validly issued and executed. Held: In regard to the quashal of warrants that petitioners should have initially filed to the lower court, this Court takes cognizance of this petition in view of the seriousness and urgency of the constitutional Issue raised, not to mention the public interest generated by the search of the "We Forum" offices which was televised in Channel 7 and widely publicized in all metropolitan dailies. The existence of this special circumstance justifies this Court to exercise its inherent power to suspend its rules. With the contention pertaining to laches, the petitioners gave an explanation evidencing that they have exhausted other extra-judicial efforts to remedy the situation, negating the presumption that they have abandoned their right to the possession of the seized property. On the enumerated reasons: 1. This objection may properly be considered moot and academic, as petitioners themselves conceded during the hearing on August 9, 1983, that an examination had indeed been conducted by respondent judge of Col. Abadilla and his witnesses. 2. The defect pointed out is obviously a typographical error. Precisely, two search warrants were applied for and issued because the purpose and intent were to search two distinct premises. It would be quite absurd and illogical for respondent judge to have issued two warrants intended for one and the same place. 3. Section 2, Rule 126, of the Rules of Court, does not require that the property to be seized should be owned by the person against whom the search warrant is directed. It may or may not be owned by him. 4. Petitioners do not claim to be the owners of the land and/or building on which the machineries were placed. This being the case, the machineries in question, while in fact bolted to the ground, remain movable property susceptible to seizure under a search warrant. 5. The broad statements in the application and joint affidavit are mere conclusions of law and does not satisfy the requirements of probable cause. Deficient of such particulars as would justify a finding of the existence of probable cause, said allegation cannot serve as basis for the issuance of a search warrant and it was a grave error for respondent judge to have done so. In Alvarez v. Court of First Instance, this Court ruled that "the oath required must refer to the truth of the facts within the personal knowledge of the petitioner or his witnesses, because the purpose thereof is to convince the committing magistrate, not the individual making the affidavit and seeking the issuance of the warrant, of the existence of probable cause." Another factor which makes the search warrants under consideration constitutionally objectionable is that they are in the nature of general warrants. The description of the articles sought to be seized under the search warrants in question are too general. With regard to the respondents invoking PD 885, there is an absence of any implementing rules and regulations promulgated by the Minister of National Defense. Furthermore, President Marcos himself denies the request of military authorities to sequester the property seized from petitioners. The closure of the premises subjected to search and seizure is contrary to the freedom of the press as guaranteed in our fundamental law. The search warrants are declared null and void. TAMBASEN VS. PEOPLE [246 SCRA 184; G.R. NO. 89103; 14 JUL 1995] Facts: In August 1988, P/Sgt. Natuel applied for issuance of search warrant alleging that he received information that Petitioner had in his possession at his house M-16 Armalite rifles, hand grenades, .45 Cal. pistols, dynamite sticks and subversive documents, which were used or intended to be used for illegal purposes. The application was granted. In September, a police team, searched the house of petitioner and seized 2 envelopes containing P14000, handset with antennae, transceiver with antennae, regulator supply, academy
The second issue, raised by petitioner Beltran, calls for an interpretation of the constitutional provision on the issuance of warrants of arrest. The pertinent provision reads: Art. III, Sec. 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 nder 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. The addition of the word "personally" after the word "determined" and the deletion of the grant of authority by the 1973 Constitution to issue warrants to "other responsible officers as may be authorized by law," has apparently convinced petitioner Beltran that the Constitution now requires the judge to personally examine the complainant and his witnesses in his determination of probable cause for the issuance of warrants of arrest. This is not an accurate interpretation. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may disregard the fiscal's report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. Sound policy dictates this procedure, otherwise judges would be unduly laden with the preliminary examination and investigation of criminal complaints instead of concentrating on hearing and deciding cases filed before their courts. It has not been shown that respondent judge has deviated from the prescribed procedure. Thus, with regard to the issuance of the warrants of arrest, a finding of grave abuse of discretion amounting to lack or excess of jurisdiction cannot be sustained. The petitions fail to establish that public respondents, through their separate acts, gravely abused their discretion as to amount to lack of jurisdiction. Hence, the writs of certiorari and prohibition prayed for cannot issue.
SALAZAR VS. ACHACOSO [183 SCRA 145; G.R. NO. 81510; 14 MAR 1990] Facts: Rosalie Tesoro of Pasay City in a sworn statement filed with the POEA, charged petitioner with illegal recruitment. Public respondent Atty. Ferdinand Marquez sent petitioner a telegram directing him to appear to the POEA regarding the complaint against him. On the same day, after knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Tomas Achacoso issued a Closure and Seizure Order No. 1205 to petitioner. It stated that there will a seizure of the documents and paraphernalia being used or intended to be used as the means of committing illegal recruitment, it having verified that petitioner has (1) No valid license or authority from the Department of Labor and Employment to recruit and deploy workers for overseas employment; (2) Committed/are committing acts prohibited under Article 34 of the New Labor Code in relation to Article 38 of the same code. A team was then tasked to implement the said Order. The group, accompanied by mediamen and Mandaluyong policemen, went to petitioners residence. They served the order to a certain Mrs. For a Salazar, who let them in. The team confiscated assorted costumes. Petitioner filed with POEA a letter requesting for the return of the seized properties, because she was not given prior notice and hearing. The said Order violated due process. She also alleged that it violated sec 2 of the Bill of Rights, and the properties were confiscated against her will and were done with unreasonable force and intimidation. Issue: Whether or Not the Philippine Overseas Employment Administration (or the Secretary of Labor) can validly issue warrants of search and seizure (or arrest) under Article 38 of the Labor Code Held: Under the new Constitution, . . . 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. Mayors and prosecuting officers cannot issue warrants of seizure or arrest. The Closure and Seizure Order was based on Article 38 of the Labor Code. The Supreme Court held, We reiterate that the Secretary of Labor, not being a judge, may no longer issue search or arrest warrants. Hence, the authorities must go through the judicial process. To that extent, we declare Article 38, paragraph (c), of the Labor Code, unconstitutional and of no force and effect The power of the President to order the arrest of aliens for deportation is, obviously, exceptional. It (the power to order arrests) cannot be made to extend to other cases, like the one at bar. Under the Constitution, it is the sole domain of the courts. Furthermore, the search and seizure order was in the nature of a general warrant. The court held that the warrant is null and void, because it must identify specifically the things to be seized.
WHEREFORE, the petition is GRANTED. Article 38, paragraph (c) of the Labor Code is declared UNCONSTITUTIONAL and null and void. The respondents are ORDERED to return all materials seized as a result of the implementation of Search and Seizure Order No. 1205. MORANO VS. VIVO [20 SCRA 562; G.R. L-22196; 30 JUN 1967] Facts: Chan Sau Wah, a Chinese citizen born in Fukien, China arrived in the Philippines on November 1961 to visit her cousin, Samuel Lee Malaps. She left China and her children by a first marriage: Fu Tse Haw and Fu Yan Kai both minors, in the care of neighbors in Fukien, China. Chan Sau
Warrants of Arrest were issued 7March1988 against petitioners for violation of Sec37, 45 and 46 of Immigration Act and sec69 of Revised Administrative Code. Trial by the Board of Special Inquiry III commenced the same date. Petition for bail was filed 11March 1988 but was not granted by the Commissioner of Immigration. 4 April1988 Petitioners filed a petition for Writ of Habeas Corpus. The court heard the case on oral argument on 20 April 1988.
Issue: Whether or Not the Commissioner has the power to arrest and detain petitioners pending determination of existence of probable cause. Whether or Not there was unreasonable searches and seizures by CID agents. Whether or Not the writ of Habeas Corpus may be granted to petitioners. Held: While pedophilia is not a crime under the Revised Penal Code, it violates the declared policy of the state to promote and protect the physical, moral, spiritual and social well being of the youth. The arrest of petitioners was based on the probable cause determined after close surveillance of 3 months. The existence of probable cause justified the arrest and seizure of articles linked to the offense. The articles were seized as an incident to a lawful arrest; therefore the articles are admissible evidences (Rule 126, Section12 of Rules on Criminal Procedure). The rule that search and seizures must be supported by a valid warrant of arrest is not an absolute rule. There are at least three exceptions to this rule. 1.) Search is incidental to the arrest. 2.) Search in a moving vehicle. 3.) Seizure of evidence in plain view. In view of the foregoing, the search done was incidental to the arrest. The filing of the petitioners for bail is considered as a waiver of any irregularity attending their arrest and estops them from questioning its validity. Furthermore, the deportation charges and the hearing presently conducted by the Board of Special Inquiry made their detention legal. It is a fundamental rule that habeas corpus will not be granted when confinement is or has become legal, although such confinement was illegal at the beginning. The deportation charges instituted by the Commissioner of Immigration are in accordance with Sec37 (a) of the Philippine Immigration Act of 1940 in relation to sec69 of the Revised Administrative code. Section 37 (a) provides that aliens shall be arrested and deported upon warrant of the Commissioner of Immigration and Deportation after a determination by the Board of Commissioners of the existence of a ground for deportation against them. Deportation proceedings are administrative in character and never construed as a punishment but a preventive measure. Therefore, it need not be conducted strictly in accordance with ordinary Court proceedings. What is essential is that there should be a specific charge against the alien intended to be arrested and deported. A fair hearing must also be conducted with assistance of a counsel if desired. Lastly, the power to deport aliens is an act of the State and done under the authority of the sovereign power. It a police measure against the undesirable aliens whose continued presence in the country is found to be injurious to the public good and tranquility of the people.
SALES VS. SANDIGANBAYAN [369 SCRA 293 G.R. NO. 143802; 16 NOV 2001] Facts: The petitioner, the incumbent mayor of Pagudpud Ilocos Norte, shot the former mayor and his political rival Atty. Benemerito. After the shooting, he surrendered himself and hence the police inspector and wife of the victim filed a criminal complaint for murder against him. The judge after conducting the preliminary examination (p.e. for brevity) found probable cause and issued a warrant of arrest. Also after conducting the preliminary investigation (p.i. for brevity), he issued a resolution forwarding the case to the prosecutor for appropriate action. Petitioner received a subpoena directing him to file his counter affidavit, affidavit of witnesses and other supporting documents. He did it the following day. While proceedings are ongoing, he filed a petition for
Whether or Not Search Warrant No.1 is invalid. WON the officers abused their authority in seizing the money of Antonieta Silva. Held: Search Warrant No. 1 is invalid due to the failure of the judge to examine the witness in the form of searching questions and answers. The questions asked were leading as they are answerable by mere yes or no. Such questions are not sufficiently searching to establish probable cause. The questions were already mimeographed and all the witness had to do was fill in their answers on the blanks provided. Judge Ontal is guilty of grave abuse of discretion when he rejected the motion of Antonieta Silva seeking the return of her money. The officers who implemented the search warrant clearly abused their authority when they seized the money of Antonieta Silva. The warrant did not indicate the seizure of money but only for marijuana leaves, cigarettes..etc. Search Warrant No. 1 is declared null and void. *** Sec 4 Rule 126 Rules of Court Examination of the complainant, record -the judge before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath the complainant and any witness he may produce the facts personally known to them and attach to the record their sworn statements together with their affidavits. VEROY VS. LAYAGUE [210 SCRA 97; G.R. No. 95630; 18 Jun 1992] Facts: Petitioners are husband and wife who owned and formerly resided at No. 13 Isidro St., Skyline Village. Catalunan Grande, Davao City. When petitioner Leopoldo Veroy was promoted to the position of Assistant Administrator of the Social Security System sometime in June, 1988, he and his family transferred to 130 K-8th St., East Kamias, Quezon City, where they are presently residing. The care and upkeep of their residence in Davao City was left to two (2) houseboys, Jimmy Favia and Eric Burgos, who had their assigned quarters at a portion of the premises. The Veroys would occasionally send money to Edna Soguilon for the salary of the said houseboys and other expenses for the upkeep of their house. While the Veroys had the keys to the interior of the house, only the key to the kitchen, where the circuit breakers were located, was entrusted to Edna Soguilon to give her access in case of an emergency. Hence, since 1988, the key to the master's bedroom as well as the keys to the children's rooms were retained by herein Petitioners so that neither Edna Soguilon nor the caretakers could enter the house. Police Officers had an information that the petitioners residence was being used as a safehouse of rebel soldiers. They were able to enter the yard with the help of the caretakers but did not enter the house since the owner was not present and they did not have a search warrant. Petitioner Ma. Luisa was contacted by telephone in her Quezon City residence by Capt. Obrero to ask permission to search the house in Davao City as it was reportedly being used as a hideout and recruitment center of rebel soldiers. Petitioner Ma. Luisa Veroy responded that she is flying to Davao City to witness the search but relented if the search would not be conducted in the presence of Major Ernesto Macasaet, an officer of the PC/INP, Davao City and a long time family friend of the Veroys. The following day, Capt. Obrero and Major Macasaet met at the house of herein petitioners in Skyline Village to conduct the search pursuant to the authority granted by petitioner Ma. Luisa Veroy. The caretakers facilitated their entry into the yard, and using the key entrusted to Edna Soguilon, they were able to gain entrance into the kitchen. However, a locksmith by the name of George Badiang had to be employed to open the padlock of the door leading to the children's room. Capt. Obrero and Major Macasaet then entered the children's room and conducted the search. Capt. Obrero recovered a .45 cal. handgun with a magazine containing seven (7) live bullets in a black clutch bag inside an unlocked drawer. Three (3) half-full jute sacks containing printed materials of RAM-SFP were also found in the children's room. A search of the children's recreation and study area revealed a big travelling bag containing assorted polo shirts, men's brief, two (2) pieces polo barong and short sleeve striped gray polo. sweat shirt, two (2) pairs men's socks, a towel made in U.S.A., one blanket, a small black bag, Gandhi brand, containing a book entitled "Islamic Revolution Future Path of the Nation", a road map of the Philippines, a telescope, a plastic bag containing assorted medicines and religious pamphlets was found in the master's bedroom. Sgt. Leo Justalero was instructed by Capt. Obrero to make an inventory and receipt of the articles seized, in the house.
Petitioners question the admissibility in evidence of the articles seized in violation of their constitutional right against unreasonable search and seizure. Petitioners aver that while they concede that Capt. Obrero had permission from Ma. Luisa Veroy to break open the door of their residence, it was merely for the purpose of ascertaining thereat the presence of the alleged "rebel" soldiers. The permission did not include any authority to conduct a room to room search once inside the house. The items taken were, therefore, products of an illegal search, violative of their constitutional rights As such, they are inadmissible in evidence against them. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures (Article III, Section 2 of the 1987 Constitution). However, the rule that searches and seizures must be supported by a valid warrant is not an absolute one. Among the recognized exceptions thereto are: (1) a search incidental to an arrest; (2) a search of a moving vehicle; and (3) seizure of evidence in plain view (People v. Lo Ho Wing, G.R. No. 88017, January 21, 1991 [193 SCRA 122]). None of these exceptions pertains to the case at bar. The reason for searching the house of herein petitioners is that it was reportedly being used as a hideout and recruitment center for rebel soldiers. While Capt. Obrero was able to enter the compound, he did not enter the house because he did not have a search warrant and the owners were not present. This shows that he himself recognized the need for a search warrant, hence, he did not persist in entering the house but rather contacted the Veroys to seek permission to enter the same. Permission was indeed granted by Ma. Luisa Veroy to enter the house but only to ascertain the presence of rebel soldiers. Under the circumstances it is undeniable that the police officers had ample time to procure a search warrant but did not. Undeniably, the offense of illegal possession of firearms is malum prohibitum but it does not follow that the subject thereof is necessarily illegal per se. Motive is immaterial in mala prohibita but the subjects of this kind of offense may not be summarily seized simply because they are prohibited. A search warrant is still necessary. Hence, the rule having been violated and no exception being applicable, the articles seized were confiscated illegally and are therefore protected by the exclusionary principle. They cannot be used as evidence against the petitioners in the criminal action against them for illegal possession of firearms. (Roan v. Gonzales, 145 SCRA 689-690 [1986]). Besides, assuming that there was indeed a search warrant, still in mala
PEOPLE VS. DEL ROSARIO [234 SCRA 246; G.R. NO. 109633; 20 JUL 1994] Facts: Accused was charged and convicted by the trial court of illegal possession of firearms and illegal possession and sale of drugs, particularly methamphetamine or shabu. After the issuance of the search warrant, which authorized the search and seizure of an undetermined quantity of methamphetamine and its paraphernalias, an entrapment was planned that led to the arrest of del Rosario and to the seizure of the shabu, its paraphernalias and of a .22 caliber pistol with 3 live ammunition. Issue: Whether or Not the seizure of the firearms was proper. Held: No. Sec 2 art. III of the constitution specifically provides that a search warrant must particularly describe the things to be seized. In herein case, the only objects to be seized that the warrant determined was the methamphetamine and the paraphernalias therein. The seizure of the firearms was unconstitutional. Wherefore the decision is reversed and the accused is acquitted. PEOPLE VS. GESMUNDO [219 SCRA 743; G.R. NO. 89373; 19 MAR 1993] Facts: According to the prosecution, in the morning of Nov. 17, 1986, PO Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused at the Cocoland Hotel. He actually saw the accused selling marijuana to his civilian informer and that same day Luciano applied for a search warrant. About 2pm that day, a police raiding team armed with a search warrant went to the Brgy captain for them to be accompanied in serving the said warrant at the residence of the accused. The police was allowed to enter the house upon the strength of the warrant shown to the accused. The accused begged the police not to search and to leave the house. The police still searched the house and was led to the kitchen. She pointed a metal basin on top of a table as the hiding place of died marijuana flowering tops contained in a plastic bag marked ISETANN. The police also recovered from a native uway cabinet dried marijuana flowering tops wrapped in 3 pieces of komiks paper. According to the accused, when the police arrived at her house, she saw Sgt. Yte and PFC Jose Luciano. She invited Sgt. Yte to enter her house while Luciano was left in the jeep that was parked near the house. While inside the house Yte showed the accused something he claimed as a search warrant, when someone coming from the kitchen uttered eto na They proceeded to the kitchen and saw Luciano holding a plastic bag with four other companions. They confronted the accused and insisted that the bags belonged to her. Accused denied the accusation and told them that she doesnt know anything about it. She was made to sign a prepared document. She was brought to the police station and was detained. The court renders judgment finding the accused guilty. Issue:
The document (PAGPAPATUNAY) was inadmissible to the court as the accused was not informed of her right not to sign the document neither was she informed that she has the right to the assistance of a counsel and the fact that it may be used as evidence against her. It was not proved that the marijuana belonged to her. Not only does the law require the presence of witnesses when the search is conducted, but it also imposes upon the person making the search the duty to issue a detailed receipt for the property seized. He is likewise required to deliver the property seized to the judge who issued the warrant, together with a true and accurate inventory thereof duly verified under oath. Again, these duties are mandatory and are required to preclude substitution of the items seized by interested parties. The guilt of the accused was has not been established. Judgment is reversed.
UMIL VS. RAMOS [187 SCRA 311; G.R. NO. 81567; 3 OCT 1991] Facts: On 1 February 1988, military agents were dispatched to the St. Agnes Hospital, Roosevelt Avenue, Quezon City, to verify a confidential information which was received by their office, about a "sparrow man" (NPA member) who had been admitted to the said hospital with a gunshot wound. That the wounded man in the said hospital was among the five (5) male "sparrows" who murdered two (2) Capcom mobile patrols the day before, or on 31 January 1988 at about 12:00 o'clock noon, before a road hump along Macanining St., Bagong Barrio, Caloocan City. The wounded man's name was listed by the hospital management as "Ronnie Javellon," twenty-two (22) years old of Block 10, Lot 4, South City Homes, Bian, Laguna however it was disclosed later that the true name of the wounded man was Rolando Dural. In view of this verification, Rolando Dural was transferred to the Regional Medical Servicesof the CAPCOM, for security reasons. While confined thereat, he was positively identified by the eyewitnesses as the one who murdered the 2 CAPCOM mobile patrols. Issue: Whether or Not Rolando was lawfully arrested. Held: Rolando Dural was arrested for being a member of the NPA, an outlawed subversive organization. Subversion being a continuing offense, the arrest without warrant is justified as it can be said that he was committing as offense when arrested. The crimes rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance therefore in connection therewith constitute direct assaults against the state and are in the nature of continuing crimes.
PEOPLE VS. SUCRO [195 SCRA 388; G.R. No. 93239; 18 Mar 1991] Facts: Pat. Fulgencio went to Arlie Regalados house at C. Quimpo to monitor activities of Edison SUCRO (accused). Sucro was reported to be selling marijuana at a chapel 2 meters away from Regalados house. Sucro was monitored to have talked and exchanged things three times. These activities are reported through radio to P/Lt. Seraspi. A third buyer was transacting with appellant and was reported and later identified as Ronnie Macabante. From that moment, P/Lt.Seraspi proceeded to the area. While the police officers were at the Youth Hostel in Maagama St. Fulgencio told Lt. Seraspi to intercept. Macabante was intercepted at Mabini and Maagama crossing in front of Aklan Medical center. Macabante saw the police and threw a tea bag of marijuana on the ground. Macabante admitted buying the marijuana from Sucro in front of the chapel. The police team intercepted and arrested SUCRO at the corner of C. Quimpo and Veterans. Recovered were 19 sticks and 4 teabags of marijuana from a cart inside the chapel and another teabag from Macabante. Issue: Whether or Not arrest without warrant is lawful. Whether or Not evidence from such arrest is admissible. Held: Search and seizures supported by a valid warrant of arrest is not an absolute rule. Rule 126, Sec 12 of Rules of Criminal Procedure provides that a person lawfully arrested may be searched for dangerous weapons or anything, which may be used as proff of the commission of an offense, without a search warrant.(People v. Castiller) The failure of the police officers to secure a warrant stems from the fact that their knowledge required from the surveillance was insufficient to fulfill requirements for its issuance. However, warantless search and seizures are legal as long as PROBABLE CAUSE existed. The police officers have personal knowledge of the actual commission of the crime from the surveillance of the activities of the accused. As police officers were the ones conducting the surveillance, it is presumed that they are regularly in performance of their duties. PEOPLE V. RODRIGUEZA [205 SCRA 791; G.R. No. 95902; 4 Feb 1992] Facts: NARCOM agents staged a buy-bust operation, after gaining information that there was an ongoing illegal traffic of prohibited drugs in Tagas, Albay. The participating agents were given money treated with ultraviolet powder. One of the agents went to said location, asked for a certain Don. Thereafter, the Don, herein accused, met with him and a certain object wrapped in a plastic later identified as marijuana was given in exchange for P200. The agent went back to headquarters and made a report, based on which, a team was subsequently organized and a raid was conducted in the house of the father of the accused. During the raid, the NARCOM agents were able to confiscate dried marijuana leaves and a plastic syringe among others. There was no authorization by any search warrant. The accused was found positive of ultraviolet powder. The lower court, considering the evidences obtained and testimonies from the prosecution, found him guilty of violating the Dangerous Drugs Act of 1972 and sentenced him to reclusion perpetua. Issue: Whether or Not the lower court was correct in its judgment.
Held: The NARCOM agents procedure in the entrapment of the accused failed to meet the qualification that the suspected drug dealer must be caught red-handed in the act of selling marijuana to a
PEOPLE VS. SY CHUA [396 SCRA 657; G.R. No.136066-67; 4 Feb 2003] Facts: Accused-appellant Binad Sy Chua was charged with violation of Section 16, Article III of R.A. 6425, as amended by R.A. 7659, and for Illegal Possession of Ammunitions and Illegal Possession of Drugs in two separate Informations. SPO2 Nulud and PO2 Nunag received a report from their confidential informant that accusedappellant was about to deliver drugs that night at the Thunder Inn Hotel in Balibago, Angeles City. So, the PNP Chief formed a team of operatives. The group positioned themselves across McArthur Highway near Bali Hai Restaurant, fronting the hotel. The other group acted as their back up. Afterwards, their informer pointed to a car driven by accused-appellant which just arrived and parked near the entrance of the hotel. After accused-appellant alighted from the car carrying a sealed Zest-O juice box, SPO2 Nulud and PO2 Nunag hurriedly accosted him and introduced themselves as police officers. As accused-appellant pulled out his wallet, a small transparent plastic bag with a crystalline substance protruded from his right back pocket. Forthwith, SPO2 Nulud subjected him to a body search which yielded twenty (20) pieces of live .22 caliber firearm bullets from his left back pocket. When SPO2 Nunag peeked into the contents of the Zest-O box, he saw that it contained a crystalline substance. SPO2 Nulud instantly confiscated the small transparent plastic bag, the Zest-O juice box, the twenty (20) pieces of .22 caliber firearm bullets and the car used by accused-appellant. SPO2 Nulud and the other police operatives who arrived at the scene brought the confiscated items to the office of Col. Guttierez at the PNP Headquarters in Camp Pepito, Angeles City.
Accused-appellant vehemently denied the accusation against him and narrated a different version of the incident. Accused-appellant alleged that he was driving the car of his wife to follow her and his son to Manila. He felt sleepy, so he decided to take the old route along McArthur Highway. He stopped in front of a small store near Thunder Inn Hotel to buy cigarettes and candies. While at the store, he noticed a man approaches and examines the inside of his car. When he called the attention of the onlooker, the man immediately pulled out a .45 caliber gun and made him face his car with raised hands. The man later on identified himself as a policeman. During the course of the arrest, the policeman took out his wallet and instructed him to open his car. He refused, so the policeman took his car keys and proceeded to search his car. At this time, the police officers companions arrived at the scene in two cars. PO2 Nulud, who just arrived at the scene, pulled him away from his car in a nearby bank, while the others searched his car. Thereafter, he was brought to a police station and was held inside a bathroom for about fifteen minutes until Col. Guttierez arrived, who ordered his men to call the media. In the presence of reporters, Col. Guttierez opened the box and accused-appellant was made to hold the box while pictures were being taken. The lower court acquitted Sy Chua for the Illegal Possession of Ammunitions, yet convicted him for Illegal Possession of 1,955.815 grams of shabu. Hence, this appeal to the Court. Issue: Whether or Not the arrest of accused-appellant was lawful; and (2) WON the search of his person and the subsequent confiscation of shabu allegedly found on him were conducted in a lawful and valid manner. Held: The lower court believed that since the police received information that the accused will distribute illegal drugs that evening at the Thunder Inn Hotel and its vicinities. The police officer had to act quickly and there was no more time to secure a search warrant. The search is valid being akin to a stop and frisk. The trial court confused the concepts of a stop-and-frisk and of a search incidental to a lawful arrest. These two types of warrantless searches differ in terms of the requisite quantum of proof before they may be validly effected and in their allowable scope. In a search incidental to a lawful arrest, as the precedent arrest determines the validity of the incidental search, the legality of the arrest is questioned, e.g., whether an arrest was merely used as a pretext for conducting a search. In this instance, the law requires that there first be arrest before a search can be madethe process cannot be reversed. Accordingly, for this exception to apply, two elements must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, 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. We find the two aforementioned elements lacking in the case at bar. Accused-appellant did not act in a suspicious manner. For all intents and purposes, there was no overt manifestation that accused-appellant has just committed, is actually committing, or is attempting to commit a crime. Reliable information alone, absent any overt act indicative of a felonious enterprise in the presence and within the view of the arresting officers, is not sufficient to constitute probable cause that would justify an in flagrante delicto arrest. With regard to the concept of stop-and frisk: mere suspicion or a hunch will not validate a stopand-frisk. A genuine reason must exist, in light of the police officers experience and surrounding conditions, to warrant the belief that the person detained has weapons concealed about him. Finally, a stop-and-frisk serves a two-fold interest: (1) the general interest of effective crime prevention and detection for purposes of investigating possible criminal behavior even without probable cause; and (2) the interest of safety and self-preservation which permit the police officer to take steps to assure himself that the person with whom he deals is not armed with a deadly weapon that could unexpectedly and fatally be used against the police officer. A stop-and-frisk was defined as the act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband. It should also be emphasized that a search and seizure should precede the arrest for this principle to apply. The foregoing circumstances do not obtain in the case at bar. To reiterate, accused-appellant was first arrested before the search and seizure of the alleged illegal items found in his possession. The
POSADAS VS. COURT OF APPEALS [188 SCRA 288; G.R. NO. 89139; 2 AUG 1990] Facts: Members of the Integrated National Police (INP) of the Davao Metrodiscom assigned with the Intelligence Task Force, Pat. Ursicio Ungab and Pat. Umbra Umpar conducted surveillance along Magallanes Street, Davao City. While in the vicinity of Rizal Memorial Colleges they spotted petitioner carrying a "buri" bag and they noticed him to be acting suspiciously. They approached the petitioner and identified themselves as members of the INP. Petitioner attempted to flee but his attempt to get away was unsuccessful. They then checked the "buri" bag of the petitioner where they found one (1) caliber .38 Smith & Wesson revolver with Serial No. 770196, two (2) rounds of live ammunition for a .38 caliber gun, a smoke (tear gas) grenade, and two (2) live ammunitions for a .22 caliber gun. They brought the petitioner to the police station for further investigation. In the course of the same, the petitioner was asked to show the necessary license or authority to possess firearms and ammunitions found in his possession but he failed to do so. He was then taken to the Davao Metrodiscom office and the prohibited articles recovered from him were indorsed to M/Sgt. Didoy the officer then on duty. He was prosecuted for illegal possession of firearms and ammunitions in the Regional Trial Court of Davao City. Issue: Whether or Not the warantless search is valid. Held: In justifying the warrantless search of the buri bag then carried by the petitioner, argues that under Section 12, Rule 136 of the Rules of Court a person lawfully arrested may be searched for dangerous weapons or anything used as proof of a commission of an offense without a search warrant. It is further alleged that the arrest without a warrant of the petitioner was lawful under the circumstances. in the case at bar, there is no question that, indeed, it is reasonable considering that it was effected on the basis of a probable cause. The probable cause is that when the petitioner acted suspiciously and attempted to flee with the buri bag there was a probable cause that he was concealing something illegal in the bag and it was the right and duty of the police officers to inspect the same. It is too much indeed to require the police officers to search the bag in the possession of the petitioner only after they shall have obtained a search warrant for the purpose. Such an exercise may prove to be useless, futile and much too late.
PEOPLE V. MENGOTE [210 SCRA 174; G.R. NO. 87059; 22 JUN 1992] Facts: The Western Police District received a telephone call from an informer that there were three suspicious looking persons at the corner of Juan Luna and North Bay Boulevard in Tondo, Manila. A surveillance team of plainclothesmen was forthwith dispatched to the place. The patrolmen saw two men looking from side to side, one of whom holding his abdomen. They approached the persons and identified themselves as policemen, whereupon the two tried to run but unable to escape because the other lawmen surrounded them. The suspects were then searched. One of them the accused-appellant was found with a .38 caliber with live ammunitions in it, while his companion had a fan knife. The weapons were taken from them and they were turned over to the police headquarters for investigation. An information was filed before the RTC convicting the accused of illegal possession of firearm arm. A witness testified that the weapon was among the articles stolen at his shop, which he reported to the police including the revolver. For his part, Mengote made no effort to prove that he owned the fire arm or that he was licensed to possess it but instead, he claimed that the weapon was planted on him at the time of his arrest. He was convicted for violation of P.D.1866 and was sentenced to reclusion perpetua. In his appeal he pleads that the weapon was not admissible as evidence against him because it had been illegally seized and therefore the fruit of a poisonous tree. Issue: Whether or not the warrantless search and arrest was illegal. Held: An evidence obtained as a result of an illegal search and seizure inadmissible in any proceeding for any purpose as provided by Art. III sec 32 of the Constitution. Rule 113 sec.5 of the Rules of Court, provides arrest without warrant lawful when: (a) the person to be arrested has committed, is actually committing, or is attempting to commit an offense, (b) when the offense in fact has just been committed, and he has personal knowledge of the facts indicating the person arrested has committed it and (c) the person to be arrested has escaped from a penal establishment or a place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. These requirements have not been established in the case at bar. At the time of the arrest in question, the accused appellant was merely looking from side to side and holding his abdomen, according to the arresting officers themselves. There was apparently no offense that has just been committed or was being actually committed or at least being attempt by Mengote in their presence. Moreover a person may not be stopped and frisked in a broad daylight or on a busy street on unexplained suspicion. Judgment is reversed and set aside. Accused-appellant is acquitted. PEOPLE VS. TANGLIBEN [184 SCRA 220; G.R. No.L-63630; 6 Apr 1990] Facts: Patrolmen Silverio and Romeo Punzalan were conducting surveillance at the San Fernando Victory Liner Terminal. At around 9:30pm they noticed a person, Medel Tangliben, carrying a traveling bag who acted suspiciously. They confronted him, inspected his bag, and there they found marijuana leaves. The accused was then taken to the Police Headquarters for further investigations. The TC found Tangliben guilty of violating sec.4 art. 2 of the RA 6425 or the Dangerous Drugs Act of 1972. Issue: Whether or Not there was an unlawful search due to lack of search warrant.
Held; No. Rule 113 sec. 5 provides the a peace officer or a private person may w/o a warrant arrest a person when in his presence the person to be arrested has committed, is committing, or is attempting to commit an offense. In the present case, the accused was found to have been committing possession of marijuana and can be therefore searched lawfully even without a search warrant. Another reason is that this case poses urgency on the part of the arresting police officers. It was found out that an informer pointed to the accused telling the policemen that the accused was carrying marijuana. The police officers had to act quickly and there was not enough time to secure a search warrant. PEOPLE VS. MALMSTEDT [198 SCRA 401; G.R. No. 91107; 19 Jun 1991] Facts: In an information filed against the accused- appellant Mikael Malmstead was charged before the RTC of La Trinidad, Benguet, for violation of Section 4, Art. II of Republic Act 6425, as amended, otherwise known as the Dangerous Drugs Act of 1972, as amended. Accused Mikael Malmstedt, a Swedish national, entered the Philippines for the third time in December 1988 as a tourist. He had visited the country sometime in 1982 and 1985. In the evening of 7 May 1989, accused left for Baguio City. Upon his arrival thereat in the morning of the following day, he took a bus to Sagada and stayed in that place for two (2) days. Then in the 7 in the morning of May 11, 1989, the accused went to Nangonogan bus stop in Sagada. At about 8: 00 o'clock in the morning of that same day (11 May 1989), Captain Alen Vasco, the Commanding Officer of the First Regional Command (NARCOM) stationed at Camp Dangwa, ordered his men to set up a temporary checkpoint at Kilometer 14, Acop, Tublay, Mountain Province, for the purpose of checking all vehicles coming from the Cordillera Region. The order to establish a checkpoint in the said area was prompted by persistent reports that vehicles coming from Sagada were transporting marijuana and other prohibited drugs. Moreover, information was received by the Commanding Officer of NARCOM, that same morning that a Caucasian coming from Sagada had in his possession prohibited drugs. The group composed of seven (7) NARCOM officers, in coordination with Tublay Police Station, set up a checkpoint at the designated area at about 10:00 o'clock in the morning and inspected all vehicles coming from the Cordillera Region. The two (2) NARCOM officers started their inspection from the front going towards the rear of the bus. Accused who was the sole foreigner riding the bus was seated at the rear thereof. During the inspection, CIC Galutan noticed a bulge on accused's waist. Suspecting the bulge on accused's waist to be a gun, the officer asked for accused's passport and other identification papers. When accused failed to comply, the officer required him to bring out whatever it was that was bulging on his waist. The bulging object turned out to be a pouch bag and when accused opened the same bag, as ordered, the officer noticed four (4) suspicious-looking objects wrapped in brown packing tape, prompting the officer to open one of the wrapped objects. The wrapped objects turned out to contain hashish, a derivative of marijuana. Thereafter, accused was invited outside the bus for questioning. But before he alighted from the bus, accused stopped to get two (2) travelling bags from the luggage carrier. Upon stepping out of the bus, the officers got the bags and opened them. A teddy bear was found in each bag. Feeling the teddy bears, the officer noticed that there were bulges inside the same which did not feel like foam stuffing. It was only after the officers had opened the bags that accused finally presented his passport. Accused was then brought to the headquarters of the NARCOM at Camp Dangwa, La Trinidad, Benguet for further investigation. At the investigation room, the officers opened the teddy bears and they were found to also contain hashish. Representative samples were taken from the hashish found among the personal effects of accused and the same were brought to the PC Crime Laboratory for chemical analysis. In the chemistry report, it was established that the objects examined were hashish. a prohibited drug which is a derivative of marijuana. Thus, an information was filed against accused for violation of the Dangerous Drugs Act. ACCUSEDS DEFENSE
PEOPLE VS. SAYCON [236 SCRA 325; G.R. NO. 110995; 5 SEPT 1994] Facts: On or about 8 July 1992, at about 6:00 in the morning, the Coastguard personnel received information from NARCOM agent Ruben Laddaran that a suspected "shabu" courier by the name of Alvaro Saycon was on board the MV Doa Virginia, which was arriving at that moment in Dumaguete City. Upon receipt of the information, the Coastguard chief officer CPO Tolin, instructed them to intercept the suspect. A combined team of NARCOM agents and Philippine Coastguard personnel consisting of CPO Tolin, a certain Miagme, and Senior Police Officers Ruben Laddaran and Winifredo Noble of NARCOM posted themselves at the gate of Pier 1. The MV Doa Virginia docked at 6:00 a.m. that same morning at Pier 1 in Dumaguete City. Alvaro Saycon alighted from the boat carrying a black bag and went through the checkpoint manned by the Philippine Coastguard where he was identified by police officer Winifredo Noble of NARCOM. Saycon was then invited to the Coastguard Headquarters at the Pier area. He willingly went with them. At the headquarters, the coastguard asked Saycon to open his bag, and the latter willingly obliged. In it were personal belongings and a maong wallet. Inside that maong wallet, there was a Marlboro pack containing the suspected "shabu". When police officer Winifredo Noble asked Saycon whether the Marlboro pack containing the suspected "shabu" was his, Saycon merely bowed his head. Then Saycon, his bag and the suspected "shabu" were brought to the NARCOM office for booking. When Alvaro Saycon was arrested, the NARCOM agents did not have a warrant of arrest. The PNP's Forensic Analyst declared in court that she had conducted an examination of the specimens and found out that the specimens weighed 4.2 grams in total, consisted of methamphetamine hydrochloride, more widely known as "shabu." Issue: Whether or Not the warrantless search was valid. Held:
PEOPLE VS. MUSA [217 SCRA 597; G.,R. NO. 96177; 27 JAN 1993] Facts: A civilian informer gave the information that Mari Musa was engaged in selling marijuana in Suterville, Zamboanga City. Sgt. Ani was ordered by NARCOM leader T/Sgt. Belarga, to conduct a surveillance and test buy on Musa. The civilian informer guided Ani to Musas house and gave the description of Musa. Ani was able to buy one newspaper-wrapped dried marijuana for P10.00. The next day, a buy-bust was planned. Ani was to raise his right hand if he successfully buys marijuana from Musa. As Ani proceeded to the house, the NARCOM team positioned themselves about 90 to 100 meters away. From his position, Belarga could see what was going on. Musa came out of the house and asked Ani what he wanted. Ani said he wanted more marijuana and gave Musa the P20.00 marked money. Musa went into the house and came back, giving Ani two newspaper wrappers containing dried marijuana. Ani opened and inspected it. He raised his right hand as a signal to the other NARCOM agents, and the latter moved in and arrested Musa inside the house. Belarga frisked Musa in the living room but did not find the marked money (gave it to his wife who slipped away). T/Sgt. Belarga and Sgt. Lego went to the kitchen and found a cellophane colored white and stripe hanging at the corner of the kitchen. They asked Musa about its contents but failed to get a response. So they opened it and found dried marijuana leaves inside. Musa was then placed under arrest. Issue: Whether or Not the seizure of the plastic bag and the marijuana inside it is unreasonable, hence, inadmissible as evidence. Held: Yes. It constituted unreasonable search and seizure thus it may not be admitted as evidence. The warrantless search and seizure, as an incident to a suspects lawful arrest, may extend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Objects in the plain view of an officer who has the right to be in the position to have that view are subject to seizure and may be presented as evidence. The plain view doctrine is usually applied where a police officer is not searching for evidence against the accused, but nonetheless inadvertently comes across an incriminating object. It will not justify the seizure of the object where the incriminating nature of the object is not apparent from the plain view of the object. In the case at bar, the plastic bag was not in the plain view of the police. They arrested the accused in the living room and moved into the kitchen in search for other evidences where they found the plastic bag. Furthermore, the marijuana inside the plastic bag was not immediately apparent from the plain view of said object. Therefore, the plain view does not apply. The plastic bag was seized illegally and cannot be presented in evidence pursuant to Article III Section 3 (2) of the Constitution. PITA VS. COURT OF APPEALS [178 SCRA 362; G.R. NO. 80806; 5 OCT 1989] Facts: On December 1 and 3, 1983, pursuing an Anti-Smut Campaign initiated by the Mayor of the City of Manila, Ramon D. Bagatsing, elements of the Special Anti-Narcotics Group, Auxilliary Services Bureau, Western Police District, INP of the Metropolitan Police Force of Manila, seized and
1. Warrantless search incidental to a lawful arrest recognized under Section 12, Rule
2. 126 of the Rules of Court 8 and by prevailing jurisprudence Seizure of evidence in "plain view," the elements of which are: (a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent, and (d) "plain view" justified mere seizure of evidence without further search; Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity; Consented warrantless search; Customs search; Stop and Frisk; Exigent and Emergency Circumstances.
3.
4.
5. 6. 7.
The essential requisite of probable cause must still be satisfied before a warrantless search and seizure can be lawfully conducted. The accused cannot be said to be committing a crime, she was merely crossing the street and was not acting suspiciously for the Narcom agents to conclude that she was committing a crime. There was no legal basis to effect a warrantless arrest of the accuseds bag, there was no probable cause and the accused was not lawfully arrested. The police had more than 24 hours to procure a search warrant and they did not do so. The seized marijuana was illegal and inadmissible evidence. RULE 113, RULES OF COURT Section 5. Arrest without warrant; when lawful. A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. RULE 126, RULES OF COURT Section 2. Court where application for search warrant shall be filed . An application for search warrant shall be filed with the following: a) Any court within whose territorial jurisdiction a crime was committed. b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. Section 7. Right to break door or window to effect search. The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with. (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge. A violation of this section shall constitute contempt of court.
LIBERTY OF ABODE AND OF TRAVEL Art 3, Sec. 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. CAUNCA VS. SALAZAR [82 PHIL 851; NO.L-2690; 1 JAN 1949] Facts: This is an action for habeas corpus brought by Bartolome Caunca in behalf of his cousin Estelita Flores who was employed by the Far Eastern Employment Bureau, owned by Julia Salazar, respondent herein. An advanced payment has already been given to Estelita by the employment agency, for her to work as a maid. However, Estelita wanted to transfer to another residence, which was disallowed by the employment agency. Further she was detained and her liberty was restrained. The employment agency wanted that the advance payment, which was applied to her transportation expense from the province should be paid by Estelita before she could be allowed to leave. Issue: Whether or Not an employment agency has the right to restrain and detain a maid without returning the advance payment it gave? Held: An employment agency, regardless of the amount it may advance to a prospective employee or maid, has absolutely no power to curtail her freedom of movement. The fact that no physical force has been exerted to keep her in the house of the respondent does not make less real the deprivation of her personal freedom of movement, freedom to transfer from one place to another, freedom to choose ones residence. Freedom may be lost due to external moral compulsion, to founded or groundless fear, to erroneous belief in the existence of an imaginary power of an impostor to cause harm if not blindly obeyed, to any other psychological element that may curtail the mental faculty of choice or the unhampered exercise of the will. If the actual effect of such psychological spell is to place a person at the mercy of another, the victim is entitled to the protection of courts of justice as much as the individual who is illegally deprived of liberty by duress or physical coercion.
MANOTOC VS. COURT OF APPEALS [142 SCRA 149; G.R. NO. L-62100; 30 MAY 1986] Facts: Petitioner was charged with estafa. He posted bail. Petitioner filed before each of the trial courts a motion entitled, "motion for permission to leave the country," stating as ground therefor his desire to go to the United States, "relative to his business transactions and opportunities." The prosecution opposed said motion and after due hearing, both trial judges denied the same. Petitioner thus filed a petition for certiorari and mandamus before the then Court of Appeals seeking to annul the orders dated March 9 and 26, 1982, of Judges Camilon and Pronove, respectively, as well as the communication-request of the Securities and Exchange Commission, denying his leave to travel abroad. He likewise prayed for the issuance of the appropriate writ commanding the Immigration Commissioner and the Chief of the Aviation Security Command (AVSECOM) to clear him for departure. The Court of Appeals denied the petition.
The return of the Marcoses poses a serious threat and therefore prohibiting their return to the Philippines, the instant petition is hereby DISMISSED.
SILVERIO VS. COURT OF APPEALS [195 SCRA 760 ; G.R. 94284; 8 APR 1991] Facts: Petitioner was charged with violation of Section 2 (4) of the revised securities act. Respondent filed to cancel the passport of the petitioner and to issue a hold departure order. The RTC ordered the DFA to cancel petitioners passport, based on the finding that the petitioner has not been arraigned and there was evidence to show that the accused has left the country with out the knowledge and the permission of the court. Issue: Whether or Not the right to travel may be impaired by order of the court. Held: The bail bond posted by petitioner has been cancelled and warrant of arrest has been issued by reason that he failed to appear at his arraignments. There is a valid restriction on the right to travel, it is imposed that the accused must make himself available whenever the court requires his presence. A person facing criminal charges may be restrained by the Court from leaving the country or, if abroad, compelled to return (Constitutional Law, Cruz, Isagani A., 1987 Edition, p. 138). So it is also that "An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the Court where the case is pending (ibid., Sec. 20 [2nd par. ]). Article III, Section 6 of the 1987 Constitution should be interpreted to mean that while the liberty of travel may be impaired even without Court Order, the appropriate executive officers or administrative authorities are not armed with arbitrary discretion to impose limitations. They can impose limits only on the basis of "national security, public safety, or public health" and "as may be provided by law," a limitive phrase which did not appear in the 1973 text (The Constitution, Bernas, Joaquin G.,S.J., Vol. I, First Edition, 1987, p. 263). Apparently, the phraseology in the 1987 Constitution was a reaction to the ban on international travel imposed under the previous regime when there was a Travel Processing Center, which issued certificates of eligibility to travel upon application of an interested party (See Salonga vs. Hermoso & Travel Processing Center, No. 53622, 25 April 1980, 97 SCRA 121). Holding an accused in a criminal case within the reach of the Courts by preventing his departure from the Philippines must be considered as a valid restriction on his right to travel so that he may be dealt with in accordance with law. The offended party in any criminal proceeding is the People of the Philippines. It is to their best interest that criminal prosecutions should run their course and proceed to finality without undue delay, with an accused holding himself amenable at all times to Court Orders and processes
DEFENSOR-SANTIAGO VS. VASQUEZ [217 SCRA 633; G.R. NOS. 99289-90; 27 JAN 1993] Facts: An information was filed against petitioner with the Sandiganbayan for violation of the Anti Graft and Corrupt Practices Act. The order of arrest was issued with bail for release fixed at Php. 15,000 so she filed a motion for acceptance of cash bail bond. On the same day the Sandiganbayan issued a resolution authorizing the petitioner to post cash bond which the later filed in the amount of Php.15, 000. Her arraignment was set, but petitioner asked for the cancellation of her bail bond and that she be allowed provisional release on recognizance. The Sandiganbayan deferred it. The Sandiganbayan issued a hold departure order against petitioner, by reason of the announcement she made that she would be leaving for the U.S. to accept a fellowship a Harvard. In the instant motion she submitted before the S.C. she argues that her right to travel is impaired.
Issue: Whether or Not the petitioners right to travel is impaired. Held: The petitioner does not deny and as a matter of fact even made a public statement, that she he every intension of leaving the country to pursue higher studies abroad. The court upholds the course of action of the Sandiganbayan in taking judicial notice of such fact of petitioners pal to go abroad and in thereafter issuing a sua sponte the hold departure order is but an exercise of respondent courts inherent power to preserve and to maintain effectiveness of its jurisdiction over the case and the person of the accused. Also, the petitioner assumed obligations, when she posted bail bond. She holds herself amenable at all times to the orders and process of eth court. She may legally be prohibited from leaving the country during the pendency of the case. (Manotoc v. C.A.) MARCOS VS. SANDIGANBAYAN [247 SCRA 127; G.R. NO. 115132-34; 9 AUG 1995] Facts: This is a petition for certiorari to set aside as arbitrary and in grave abuse of discretion resolutions of the Sandiganbayan's First Division denying petitioner's motion for leave to travel abroad for medical treatment. The former first lady Imelda Marcos was found guilty by the First Division of the Sandiganbayan of violating 3 of the Anti Graft and Corrupt Practices Act. After conviction she filed a "Motion for Leave to Travel Abroad" to seek diagnostic tests and treatment by practitioners of oriental medicine in China allegedly because of "a serious and life threatening medical condition" requiring facilities not available in the Philippines that was denied. Then she again filed an "Urgent Ex-Parte Motion for Permission to Travel Abroad" to undergo diagnosis and treatment in China. This was supported by several medical reports that were prepared by her doctor Roberto Anastacio. Again another Motion to leave was filed by Mrs. Marcos to US and Europe for treatment of several Heart diseases alleging that the tests were not available here. The presiding justice, Garchitorena, contacted Dr. Gregorio B. Patacsil, Officer-in-Charge of the Philippine Heart Center, and later wrote him a letter, asking for "expert opinion on coronary medicine". The court still found no merit to allow the petitioners motion to leave and denied all of the motions. Petitioner filed a motion for reconsideration and a "Motion to Admit Clinical Summary and to Resolve Motion for Reconsideration." Attached was a recent medical report and letters of Vice President Joseph E. Estrada offering to be guarantor for the return of petitioner and those of twenty four members of the House of Representatives requesting the court to allow petitioner to travel abroad. This was also denied by the Court also stating their express disapproval of the involvement of the VP and the Cabinet members so as to influence the resolutions, decisions or orders or any judicial action of respondent court. Issue: Whether or Not the Sandiganbayan erred in disallowing the Motion for Leave to Travel Abroad because it (1) disregarded the medical findings (2) it motu propio contacted a third party asking the latter to give an opinion on petitioner's motion and medical findings (3) said that there was no necessity to get medical treatment abroad. Held: No. The contention of the petitioner that was invalid to contact a third party asking the latter to give an opinion on petitioner's motion and medical findings was erroneous. Respondent court had to seek expert opinion because petitioner's motion was based on the advice of her physician. The court could not be expected to just accept the opinion of petitioner's physician in resolving her request for permission to travel. What would be objectionable would be if respondent court obtained information without disclosing its source to the parties and used it in deciding a case against them.
In disregarding the medical reports, the petitioner failed to prove the necessity for a trip abroad. It should be emphasized that considering the fact that she is facing charges before the courts in several cases, in two of which she was convicted although the decision is still pending reconsideration, petitioner did not have an absolute right to leave the country and the burden was on her to prove that because of danger to health if not to her life there was necessity to seek medical treatment in foreign countries. On the third issue, the Court ordered petitioner to undergo several tests which summarily states that the required medical treatment was available here in the Philippines and that the expertise and facilities here were more than adequate to cater to her medical treatment. The heart ailments of the petitioner were not as severe as that was reported by Dr. Anastacio. Wherefore, the petitioner is Dismissed without prejudice to the filling of another motion for leave to travel abroad, should petitioner still desire, based on her heart condition. In such an event the determination of her medical condition should be made by joint panel of medical specialists recommended by both the accused and the prosecution. RUBI VS. PROVINCIAL BOARD OF MINDORO [39 PHIL 660; NO. 14078; 7 MAR 1919] Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-Christian inhabitants (uncivilized tribes) will be directed to take up their habitation on sites on unoccupied public lands. It is resolved that under section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro. Further, Mangyans may only solicit homesteads on this reservation providing that said homestead applications are previously recommended by the provincial governor. In that case, pursuant to Section 2145 of the Revised Administrative Code, all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi's place in Calapan, were ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the revised Administrative Code. Said resolution of the provincial board of Mindoro were claimed as necessary measures for the protection of the Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to introduce civilized customs among them. It appeared that Rubi and those living in his rancheria have not fixed their dwelling within the reservation of Tigbao and are liable to be punished. It is alleged that the Manguianes are being illegally deprived of their liberty by the provincial officials of that province. Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run away form the reservation. Issue: Whether or Not Section 2145 of the Administrative Code deprive a person of his liberty pf abode. Thus, WON Section 2145 of the Administrative Code of 1917 is constitutional. Held: The Court held that section 2145 of the Administrative Code does not deprive a person of his liberty of abode and does not deny to him the equal protection of the laws, and that confinement in reservations in accordance with said section does not constitute slavery and involuntary servitude. The Court is further of the opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power. Section 2145 of the Administrative Code of 1917 is constitutional. Assigned as reasons for the action: (1) attempts for the advancement of the non-Christian people of the province; and (2) the only successfully method for educating the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-General adds the following; (3) The protection of the Manguianes; (4) the protection of the public forests in which they roam; (5) the necessity of introducing civilized customs among the Manguianes.
One cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Liberty regulated by law": Implied in the term is restraint by law for the good of the individual and for the greater good of the peace and order of society and the general well-being. No man can do exactly as he pleases. None of the rights of the citizen can be taken away except by due process of law. Therefore, petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas corpus can, therefore, not issue.
FREEDOM OF RELIGION Art 3, Sec. 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. AGLIPAY VS. RUIZ [64 PHIL 201; G.R. NO. 45459; 13 MAR 1937] Facts: Petitioner seeks the issuance of a writ of prohibition against respondent Director of Posts from issuing and selling postage stamps commemorative of the 33rd International Eucharistic Congress. Petitioner contends that such act is a violation of the Constitutional provision stating that no public funds shall be appropriated or used in the benefit of any church, system of religion, etc. This provision is a result of the principle of the separation of church and state, for the purpose of avoiding the occasion wherein the state will use the church, or vice versa, as a weapon to further their ends and aims. Respondent contends that such issuance is in accordance to Act No. 4052, providing for the appropriation funds to respondent for the production and issuance of postage stamps as would be advantageous to the government. Issue: Whether or Not there was a violation of the freedom to religion. Held: What is guaranteed by our Constitution is religious freedom and not mere religious toleration. It is however not an inhibition of profound reverence for religion and is not a denial of its influence in human affairs. Religion as a profession of faith to an active power that binds and elevates man to his Creator is recognized. And in so far as it instills into the minds the purest principles of morality, its influence is deeply felt and highly appreciated. The phrase in Act No. 4052 advantageous to the government does not authorize violation of the Constitution. The issuance of the stamps was not inspired by any feeling to favor a particular church or religious denomination. They were not sold for the benefit of the Roman Catholic Church. The postage stamps, instead of showing a Catholic chalice as originally planned, contains a map of the Philippines and the location of Manila, with the words Seat XXXIII International Eucharistic Congress. The focus of the stamps was not the Eucharistic Congress but the city of Manila, being the seat of that congress. This was to to advertise the Philippines and attract more tourists, the officials merely took advantage of an event considered of international importance. Although such issuance and sale may be inseparably linked with the Roman Catholic Church, any benefit and propaganda incidentally resulting from it was no the aim or purpose of the Government. GARCES VS. ESTENZO [104 SCRA 510; G.R. L-53487; 25 MAY 1981] Facts: Two resolutions of the Barangay Council of Valencia, Ormoc City were passed: a. Resolution No. 5- Reviving the traditional socio-religious celebration every fifth of April. This provided for the acquisition of the image of San Vicente Ferrer and the construction of a waiting shed. Funds for the said projects will be obtained through the selling of tickets and cash donations. b. Resolution No. 6- The chairman or hermano mayor of the fiesta would be the caretaker of the image of San Vicente Ferrer and that the image would remain in his residence for one year and until the election of his successor. The image would be made available to the Catholic Church during the celebration of the saints feast day. These resolutions have been ratified by 272 voters, and said projects were implemented. The image was temporarily placed in the altar of the Catholic Church of the barangay. However, after a mass, Father Sergio Marilao Osmea refused to return the image to the barangay council, as it was the churchs property since church funds were used in its acquisition.
It seems clear, therefore, that Ordinance No. 3000 cannot be considered unconstitutional, however inapplicable to said business, trade or occupation of the plaintiff. As to Ordinance No. 2529 of the City of Manila, as amended, is also not applicable, so defendant is powerless to license or tax the business of plaintiff Society. WHEREFORE, defendant shall return to plaintiff the sum of P5,891.45 unduly collected from it. GERMAN VS. BARANGAN [135 SCRA 514; G.R. NO. 68828; 27 MAR 1985] Facts: Petitioners converged at J.P. Laurel Street to hear Mass at the St. Jude Chapel, which adjoined Malacaang. Respondent barred them for security reasons. Petitioners filed a petition for mandamus. Issue: Whether or Not there was a violation of the constitutional freedom. Held: Petitioners' intention was not really to perform an act of religious worship but to conduct an antigovernment demonstration since they wore yellow T-shirts, raised their clenched fists and shouted anti- government slogans. While every citizen has the right to religious freedom, the exercise must be done in good faith. Besides, the restriction was reasonable as it was designed to protect the lives of the President and his family, government officials and diplomatic and foreign guests transacting business with Malacanang. The restriction was also intended to secure the executive offices within the Malacanang grounds from possible external attacks and disturbances. (Minority opinion) The sole justification for a prior restraint or limitation on the exercise of the freedom of religion is the existence of a grave and imminent, of a serious evil to public safety, public morals, public health or any other legitimate public interest that the State has a right to prevent. The burden to show the existence of grave and imminent danger lies on the officials who would restrain petitioners. Respondents were in full control and had the capability to stop any untoward move. There was no clear and present danger of any serious evil to public safety or the security of Malacanang. EBRALINAG VS. DIVISION SUPERINTENDENT OF CEBU [219 SCRA 256 ; G.R. NO. 95770; 1 MAR 1993] Facts: Two special civil actions for certiorari, Mandamus and Prohibition were filed and consolidated for raising same issue. Petitioners allege that the public respondents acted without or in excess of their jurisdiction and with grave abuse of discretion. Respondents ordered expulsion of 68 HS and GS students of Bantayan, Pinamungajan, Caracar, Taburan and Asturias in Cebu. Public school authorities expelled these students for refusing to salute the flag, sing the national anthem and recite the Panatang Makabayan required by RA1265. They are Jehovahs Witnesses believing that by doing these is religious worship/devotion akin to idolatry against their teachings. They contend that to compel transcends constitutional limits and invades protection against official control and religious freedom. The respondents relied on the precedence of Gerona et al v. Secretary of Education. Gerona doctrine provides that we are a system of separation of the church and state and the flag is devoid of religious significance and it doesnt involve any religious ceremony. The freedom of religious belief guaranteed by the Constitution does not mean exception from non-discriminatory laws like the saluting of flag and singing national anthem. This exemption disrupts school discipline and demoralizes the teachings of civic consciousness and duties of citizenship. Issue: Whether or Not religious freedom has been violated. Held: Religious freedom is a fundamental right of highest priority. The 2 fold aspect of right to religious worship is: 1.) Freedom to believe which is an absolute act within the realm of thought. 2.) Freedom to act on ones belief regulated and translated to external acts. The only limitation to
Held: No. The State could not penalize respondent for she is exercising her right to freedom of religion. The free exercise of religion is specifically articulated as one of the fundamental rights in our Constitution. As Jefferson put it, it is the most inalienable and sacred of human rights. The States interest in enforcing its prohibition cannot be merely abstract or symbolic in order to be sufficiently compelling to outweigh a free exercise claim. In the case at bar, the State has not evinced any concrete interest in enforcing the concubinage or bigamy charges against respondent or her partner. Thus the States interest only amounts to the symbolic preservation of an unenforced prohibition. Furthermore, a distinction between public and secular morality and religious morality should be kept in mind. The jurisdiction of the Court extends only to public and secular morality.
IGLESIA NI CRISTO VS. COURT OF APPEALS [259 SCRA 529; G.R. NO. 119673; 26 JUL 1996] Facts: Petitioner has a television program entitled "Ang Iglesia ni Cristo" aired on Channel 2 every Saturday and on Channel 13 every Sunday. The program presents and propagates petitioner's religious beliefs, doctrines and practices often times in comparative studies with other religions. Petitioner submitted to the respondent Board of Review for Moving Pictures and Television the VTR tapes of its TV program Series Nos. 116, 119, 121 and 128. The Board classified the series as "X" or not for public viewing on the ground that they "offend and constitute an attack against other religions which is expressly prohibited by law." On November 28, 1992, it appealed to the Office of the President the classification of its TV Series No. 128 which allowed it through a letter of former Executive Secretary Edelmiro A. Amante, Sr., addressed for Henrietta S. Mendez reversing the decision of the respondent Board. According to the letter the episode in is protected by the constitutional guarantee of free speech and expression and no indication that the episode poses any clear and present danger. Petitioner also filed Civil Case. Petitioner alleged that the respondent Board acted without jurisdiction or with grave abuse of discretion in requiring petitioner to submit the VTR tapes of its TV program and in x-rating them. It cited its TV Program Series Nos. 115, 119, 121 and 128. In their Answer, respondent Board invoked its power under PD No. 19861 in relation to Article 201 of the Revised Penal Code. The Iglesia ni Cristo insists on the literal translation of the bible and says that our (Catholic) veneration of the Virgin Mary is not to be condoned because nowhere it is found in the bible. The board contended that it outrages Catholic and Protestant's beliefs. RTC ruled in favor of petitioners. CA however reversed it hence this petition. Issue: Whether or Not the "ang iglesia ni cristo" program is not constitutionally protected as a form of religious exercise and expression. Held: Yes. Any act that restrains speech is accompanied with presumption of invalidity. It is the burden of the respondent Board to overthrow this presumption. If it fails to discharge this burden, its act of censorship will be struck down. This is true in this case. So-called "attacks" are mere criticisms of some of the deeply held dogmas and tenets of other religions. RTCs ruling clearly suppresses petitioner's freedom of speech and interferes with its right to free exercise of religion. attack is different from offend any race or religion. The respondent Board may disagree with the criticisms of other religions by petitioner but that gives it no excuse to interdict such criticisms, however, unclean they may be. Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion. Religious dogmas and beliefs are often at war and to preserve peace among their followers, especially the fanatics, the
Plaintiff filed a case for injunction with prayer for issuance of the writ of preliminary injunction against Mayor Bagatsing and Narcisco Cabrera, as superintendent of Western Police District of the City of Manila, seeking to enjoin said defendants and their agents from confiscating plaintiffs magazines or from preventing the sale or circulation thereof claiming that the magazine is a decent, artistic and educational magazine which is not per se obscene, and that the publication is protected by the Constitutional guarantees of freedom of speech and of the press. Plaintiff also filed an Urgent Motion for issuance of a temporary restraining order against indiscriminate seizure, confiscation and burning of plaintiff's "Pinoy Playboy" Magazines, pending hearing on the petition for preliminary injunction. The Court granted the temporary restraining order. The case was set for trial upon the lapse of the TRO. RTC ruled that the seizure was valid. This was affirmed by the CA. Issue: Whether or Not the seizure violative of the freedom of expression of the petitioner. Held: Freedom of the press is not without restraint as the state has the right to protect society from pornographic literature that is offensive to public morals, as indeed we have laws punishing the author, publishers and sellers of obscene publications. However, It is easier said than done to say, that if the pictures here in question were used not exactly for art's sake but rather for commercial purposes, the pictures are not entitled to any constitutional protection. Using the Kottinger rule: the test of obscenity is "whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences and into whose hands a publication or other article charged as being obscene may fall." Another is whether it shocks the ordinary and common sense of men as an indecency. Ultimately "whether a picture is obscene or indecent must depend upon the circumstances of the case and that the question is to be decided by the "judgment of the aggregate sense of the community reached by it." The government authorities in the instant case have not shown the required proof to justify a ban and to warrant confiscation of the literature First of all, they were not possessed of a lawful court order: (1) finding the said materials to be pornography, and (2) authorizing them to carry out a search and seizure, by way of a search warrant. The court provides that the authorities must apply for the issuance of a search warrant from a judge, if in their opinion an obscenity seizure is in order and that; 1. The authorities must convince the court that the materials sought to be seized are obscene and pose a clear and present danger of an evil substantive enough to warrant State interference and action; 2. The judge must determine whether or not the same are indeed obscene. The question is to be resolved on a case-to-case basis and on the judges sound discretion; AYER PRODUCTIONS VS. CAPULONG [160 SCRA 861; G.R. NO. L-82380; 29 APR 1988] Facts: Petitioner McElroy an Australian film maker, and his movie production company, Ayer Productions, envisioned, sometime in 1987, for commercial viewing and for Philippine and international release, the historic peaceful struggle of the Filipinos at EDSA. The proposed motion picture entitled "The Four Day Revolution" was endorsed by the MTRCB as and other government agencies consulted. Ramos also signified his approval of the intended film production. It is designed to be viewed in a six-hour mini-series television play, presented in a "docu-drama" style, creating four fictional characters interwoven with real events, and utilizing actual documentary footage as background. David Williamson is Australia's leading playwright and Professor McCoy (University of New South Wales) is an American historian have developed a script. Enrile declared that he will not approve the use, appropriation, reproduction and/or exhibition of his name, or picture, or that of any member of his family in any cinema or television production, film or other medium for advertising or commercial exploitation. petitioners acceded to this demand and the name of Enrile was deleted from the movie script, and petitioners proceeded to film the projected motion picture. However, a complaint was filed by Enrile invoking his right to privacy. RTC ordered for the desistance of the movie production and making of any reference to plaintiff or his family and from creating any fictitious character in lieu of plaintiff which
Held: Yes. Freedom of speech and of expression includes the freedom to film and produce motion pictures and exhibit such motion pictures in theaters or to diffuse them through television. Furthermore the circumstance that the production of motion picture films is a commercial activity expected to yield monetary profit, is not a disqualification for availing of freedom of speech and of expression. The projected motion picture was as yet uncompleted and hence not exhibited to any audience. Neither private respondent nor the respondent trial Judge knew what the completed film would precisely look like. There was, in other words, no "clear and present danger" of any violation of any right to privacy. Subject matter is one of public interest and concern. The subject thus relates to a highly critical stage in the history of the country. At all relevant times, during which the momentous events, clearly of public concern, that petitioners propose to film were taking place, Enrile was a "public figure:" Such public figures were held to have lost, to some extent at least, their right to privacy. The line of equilibrium in the specific context of the instant case between the constitutional freedom of speech and of expression and the right of privacy, may be marked out in terms of a requirement that the proposed motion picture must be fairly truthful and historical in its presentation of events. LOPEZ VS. SANDIGANBAYAN [34 SCRA 116; L-26549; 31 JUL 1970] Facts: In the early part of January, 1956, there appeared on the front page of The Manila Chronicle, of which petitioner Lopez was the publisher, as well as on other dailies, a news story of a sanitary inspector assigned to the Babuyan Islands, Fidel Cruz, sending a distress signal to a passing United States Airforce plane which in turn relayed the message to Manila. An American Army plane dropping on the beach of an island an emergency-sustenance kit containing, among other things, a two-way radio set. He utilized it to inform authorities in Manila that the people in the place were living in terror, due to a series of killings committed since Christmas of 1955. Losing no time, the Philippines defense establishment rushed to the island a platoon of scout rangers. Upon arriving Major Encarnacion and his men found, instead of the alleged killers, a man named Fidel Cruz who merely wanted transportation home to Manila. In view of this finding, Major Encarnacion branded as a "hoax," the report of respondent. This Week Magazine of the Manila Chronicle, then edited by Gatbonton, devoted a pictorial article to it in its issue of January 15, 1956. Mention was made that while Fidel Cruz story turned out to be false it brought attention to the government that people in that most people in the area are sick sick, only two individuals able to read and write, food and clothing being scarce. The magazine carried photographs of the person purporting to be Fidel Cruz. Unfortunately, the pictures that were published were that of private respondent Fidel G. Cruz, a businessman contractor from Santa Maria, Bulacan. It turned out that the photographs of respondent Cruz and that of Fidel Cruz, sanitary inspector, were on file in the library of the Manila Chronicle but when the news quiz format was prepared, the two photographs were in advertently switched. However a correction was published immediately. Respondent sued petitioners in the Court of First Instance of Manila for the recovery of damages alleging the defamatory character of the above publication of his picture. Defense interposed that they are beating the deadline. The court ruled in his favor. Hence the appeal. Issue:
They argue that B.P. No. 880 requires a permit before one can stage a public assembly regardless of the presence or absence of a clear and present danger. It also curtails the choice of venue and is thus repugnant to the freedom of expression clause as the time and place of a public assembly form part of the message for which the expression is sought. Petitioners Jess del Prado, et al., in turn, argue that B.P. No. 880 is unconstitutional as it is a curtailment of the right to peacefully assemble and petition for redress of grievances because it puts a condition for the valid exercise of that right. It also characterizes public assemblies without a permit as illegal and penalizes them and allows their dispersal. Thus, its provisions are not mere regulations but are actually prohibitions. Regarding the CPR policy, it is void for being an ultra vires act that alters the standard of maximum tolerance set forth in B.P. No. 880, aside from being void for being vague and for lack of publication. KMU, et al., argue that the Constitution sets no limits on the right to assembly and therefore B.P. No. 880 cannot put the prior requirement of securing a permit. And even assuming that the legislature can set limits to this right, the limits provided are unreasonable: First, allowing the Mayor to deny the permit on clear and convincing evidence of a clear and present danger is too comprehensive. Second, the five-day requirement to apply for a permit is too long as certain events require instant public assembly, otherwise interest on the issue would possibly wane.As to the CPR policy, they argue that it is preemptive, that the government takes action even before the rallyists can perform their act, and that no law, ordinance or executive order supports the policy. Furthermore, it contravenes the maximum tolerance policy of B.P. No. 880 and violates the Constitution as it causes a chilling effect on the exercise by the people of the right to peaceably assemble. Respondents argued that petitioners have no standing. BP 880 entails traffic re-routing to prevent grave public inconvenience and serious or undue interference in the free flow of commerce and trade. It is content-neutral regulation of the time, place and manner of holding public assemblies. According to Atienza RA. 7160 gives the Mayor power to deny a permit independently of B.P. No. 880. and that the permit is for the use of a public place and not for the exercise of rights; and that B.P. No. 880 is not a content-based regulation because it covers all rallies. Issue: Whether or Not BP 880 and the CPR Policy unconstitutional. Held: No question as to standing. Their right as citizens to engage in peaceful assembly and exercise the right of petition, as guaranteed by the Constitution, is directly affected by B.P. No. 880. B.P. 880 is not an absolute ban of public assemblies but a restriction that simply regulates the time, place and manner of the assemblies. It refers to all kinds of public assemblies that would use public places. The reference to lawful cause does not make it content-based because assemblies really have to be for lawful causes, otherwise they would not be peaceable and entitled to protection. Maximum tolerance1 is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. There is, likewise, no prior restraint, since the content of the speech is not relevant to the regulation. The so-called calibrated preemptive response policy has no place in our legal firmament and must be struck down as a darkness that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses. Insofar as it would purport to differ from or be in lieu of maximum tolerance, this was declared null and void. The Secretary of the Interior and Local Governments, are DIRECTED to take all necessary steps for the immediate compliance with Section 15 of Batas Pambansa No. 880 through the establishment or designation of at least one suitable freedom park or plaza in every city and municipality of the country. After thirty (30) days from the finality of this Decision, subject to the giving of advance notices, no prior permit shall be required to exercise the right to peaceably assemble and petition in the public parks or plazas of a city or municipality that has not yet complied with Section 15 of the law. FERNANDO VS. ESTORNINOS [G.R. NO 159751; 6 DEC 2006] Facts:
The police searched the premises and confiscated twenty-five VHS tapes(among of which is Kahit sa Pangarap Lang with Myra Manibog as actress who is naked) and ten different magazines(Dalaga, Penthouse, Swank, Erotic, Rave, Playhouse, Gallery, QUI), which they deemed pornographic. Petitioners were charged and convicted. CA affirmed the decision hence this appeal. Issue: Whether or Not the CA erred in affirming RTCs decision. Held: No. As obscenity is an unprotected speech which the State has the right to regulate, the State in pursuing its mandate to protect the public from obscene, immoral and indecent materials must justify the regulation or limitation. (Kottinger Rule Applied). MALABANAN VS. RAMENTO [129 SCRA 359; G.R. NO.62270; 21 MAY 1984] Facts: Petitioners were officers of the Supreme Student Council of respondent University. They sought and were granted by the school authorities a permit to hold a meeting from 8:00 A.M. to 12:00 P.M, on August 27, 1982. Pursuant to such permit, along with other students, they held a general assembly at the Veterinary Medicine and Animal Science basketball court (VMAS), the place indicated in such permit, not in the basketball court as therein stated but at the second floor lobby. At such gathering they manifested in vehement and vigorous language their opposition to the proposed merger of the Institute of Animal Science with the Institute of Agriculture. The same day, they marched toward the Life Science Building and continued their rally. It was outside the area covered by their permit. Even they rallied beyond the period allowed. They were asked to explain on the same day why they should not be held liable for holding an illegal assembly. Then on September 9, 1982, they were informed that they were under preventive suspension for their failure to explain the holding of an illegal assembly. The validity thereof was challenged by petitioners both before the Court of First Instance of Rizal against private respondents and before the Ministry of Education, Culture, and Sports. Respondent Ramento found petitioners guilty of the charge of illegal assembly which was characterized by the violation of the permit granted resulting in the disturbance of classes and oral defamation. The penalty was suspension for one academic year. Hence this petition. Issue: Whether on the facts as disclosed resulting in the disciplinary action and the penalty imposed, there was an infringement of the right to peaceable assembly and its cognate right of free speech. Held: Yes. Student leaders are likely to be assertive and dogmatic. They would be ineffective if during a rally they speak in the guarded and judicious language of the academe. But with the activity taking place in the school premises and during the daytime, no clear and present danger of public disorder is discernible. This is without prejudice to the taking of disciplinary action for conduct, "materially disrupts classwork or involves substantial disorder or invasion of the rights of others." The rights to peaceable assembly and free speech are guaranteed students of educational institutions. Necessarily, their exercise to discuss matters affecting their welfare or involving public interest is not to be subjected to previous restraint or subsequent punishment unless there be a showing of a clear and present danger to a substantive evil that the state, has a right to present. As a corollary, the utmost leeway and scope is accorded the content of the placards
a. those whose object is to affect the decision in a pending case. b. those whose object is to bring courts to discredit. Tulfo's article constituted both.
It should have been okay to criticize if respectful language was used, but if its object is only to degrade and ridicule, then it is clearly an obstruction of justice. Nothing constructive can be gained from them. Being emotional is no excuse for being insulting. Quoting is not an excuse also, because at the end of his article, Tulfo said, "So you bobo justices, watch out!" Also, he said he was not sorry for having written the articles. Tulfo is found in contempt of court and is gravely censured. PBM EMPLOYEES VS. PBM [51 SCRA 189; G.R. NO. L-31195; 5 JUN 1993] Facts: The petitioner Philippine Blooming Mills Employees Organization (PBMEO) is a legitimate labor union composed of the employees of the respondent Philippine Blooming Mills Co., Inc., and petitioners. Benjamin Pagcu and Rodulfo Munsod are officers and members of the petitioner Union. Petitioners claim that on March 1, 1969, they decided to stage a mass demonstration at Malacaang on March 4, 1969, in protest against alleged abuses of the Pasig police. PBMEO thru Pagcu confirmed the planned demonstration and stated that the demonstration or rally cannot be cancelled because it has already been agreed upon in the meeting. Pagcu explained further that the demonstration has nothing to do with the Company because the union has no quarrel or dispute with Management. The Management, thru Atty. C.S. de Leon, Company personnel manager, informed PBMEO that the demonstration is an inalienable right of the union guaranteed by the Constitution but emphasized that any demonstration for that matter should not unduly prejudice the normal operation of the Company. Workers who without previous leave of absence approved by the Company, particularly , the officers present who are the organizers of the demonstration, who shall fail to report for work the following morning shall be dismissed, because such failure is a violation of the existing CBA and, therefore, would be amounting to an illegal strike. Because the petitioners and their members numbering about 400 proceeded with the demonstration despite the pleas of the respondent Company that the first shift workers should not be required to participate in the demonstration and that the workers in the second and third shifts should be utilized for the demonstration from 6 A.M. to 2 P.M. on March 4, 1969, filed a charge against petitioners and other employees who composed the first shift, for a violation of Republic Act No. 875(Industrial Peace Act), and of the CBA providing for 'No Strike and No Lockout.' Petitioners were held guilty in by CIR for bargaining in bad faith, hence this appeal. Issue: Whether or Not the petitioners right to freedom of speech and to peaceable assemble violated. Held: Yes. A constitutional or valid infringement of human rights requires a more stringent criterion, namely existence of a grave and immediate danger of a substantive evil which the State has the right to prevent. This is not present in the case. It was to the interest herein private respondent firm to rally to the defense of, and take up the cudgels for, its employees, so that they can report to work free from harassment, vexation or peril and as consequence perform more efficiently their respective tasks enhance its productivity as well as profits. Herein respondent employer did not even offer to intercede for its employees with the local police. In seeking sanctuary behind their freedom of expression well as their right of assembly and of petition against alleged persecution of local officialdom, the employees and laborers of herein private respondent firm were fighting for their very survival, utilizing only the weapons afforded them by the Constitution the untrammelled enjoyment of their basic human rights. The pretension of their employer that it would suffer loss or damage by reason of the absence of its employees from 6 o'clock in the morning to 2 o'clock in the afternoon, is a plea for the preservation merely of their property rights. The employees' pathetic situation was a stark reality abused, harassment and persecuted as they believed they were by the peace officers of the municipality. As above intimated, the condition in which the employees found themselves vis-a-vis the local police of Pasig, was a matter that vitally affected their right to individual existence as well as that of their families. Material loss can be repaired or adequately compensated. The debasement of the human being broken in morale and brutalized in spirit-can never be fully evaluated in monetary terms. As heretofore stated, the primacy of human rights freedom of expression, of peaceful assembly
ORTIGAS VS. FEATI BANK [94 SCRA 533; NO.L-24670; 14 DEC 1979] Facts: Plaintiff is engaged in real estate business, developing and selling lots to the public, particularly the Highway Hills Subdivision along EDSA. On March 4, 1952, plaintiff, as vendor, and Augusto Padilla and Natividad Angeles, as vendees, entered into separate agreements of sale on installments over two parcels of land of the Subdivision. On July 19, 1962, the said vendees transferred their rights and interests over the aforesaid lots in favor of one Emma Chavez. Upon completion of payment of the purchase price, the plaintiff executed the corresponding deeds of sale in favor of Emma Chavez. Both the agreements (of sale on installment) and the deeds of sale contained the stipulations or restrictions that: 1. The parcel of land shall be used exclusively for residential purposes, and she shall not be entitled to take or remove soil, stones or gravel from it or any other lots belonging to the Seller. 2. All buildings and other improvements (except the fence) which may be constructed at any time in said lot must be, (a) of strong materials and properly painted, (b) provided with
LOZANO VS. MARTINEZ [146 SCRA 323; NO.L-63419; 18 DEC 1986] Facts: A motion to quash the charge against the petitioners for violation of the BP 22 was made, contending that no offense was committed, as the statute is unconstitutional. Such motion was denied by the RTC. The petitioners thus elevate the case to the Supreme Court for relief. The Solicitor General, commented that it was premature for the accused to elevate to the Supreme Court the orders denying their motions to quash. However, the Supreme Court finds it justifiable to intervene for the review of lower court's denial of a motion to quash. Issue: Whether or Not BP 22 impairs freedom of contract. Whether or not BP 22 transgresses the constitutional inhibition against imprisonment for debt. Held: The freedom of contract which is constitutionally protected is freedom to enter into "lawful" contracts. Contracts which contravene public policy are not lawful. Checks can not be categorized as mere contracts. It is a commercial instrument which, in this modem day and age, has become a convenient substitute for money; it forms part of the banking system and therefore not entirely free from the regulatory power of the state. The offense punished by BP 22 is the act of making and issuing a worthless check or a check that is dishonored upon its presentation for payment. It is not the non-payment of an obligation which the law punishes. The law is not intended or designed to coerce a debtor to pay his debt. The thrust of the law is to prohibit, under pain of penal sanctions, the making of worthless checks and putting them in circulation.
EX POST FACTO LAWS Art 3, Sec. 22. No ex post facto law or bill of attainder shall be enacted. PEOPLE VS. FERRER [48 SCRA 382; NOS.L-32613-14; 27 DEC 1972] Facts: Hon. Judge Simeon Ferrer is the Tarlac trial court judge that declared RA1700 or the AntiSubversive Act of 1957 as a bill of attainder. Thus, dismissing the information of subversion against the following: 1.) Feliciano Co for being an officer/leader of the Communist Party of the Philippines (CPP) aggravated by circumstances of contempt and insult to public officers, subversion by a band and aid of armed men to afford impunity. 2.) Nilo Tayag and 5 others, for being members/leaders of the NPA, inciting, instigating people to unite and overthrow the Philippine Government. Attended by Aggravating Circumstances of Aid or Armed Men, Craft, and Fraud. The trial court is of opinion that 1.) The Congress usurped the powers of the judge 2.) Assumed judicial magistracy by pronouncing the guilt of the CPP without any forms of safeguard of a judicial trial. 3.) It created a presumption of organizational guilt by being members of the CPP regardless of voluntariness. The Anti Subversive Act of 1957 was approved 20June1957. It is an act to outlaw the CPP and similar associations penalizing membership therein, and for other purposes. It defined the Communist Party being although a political party is in fact an organized conspiracy to overthrow the Government, not only by force and violence but also by deceit, subversion and other illegal means. It declares that the CPP is a clear and present danger to the security of the Philippines. Section 4 provided that affiliation with full knowledge of the illegal acts of the CPP is punishable. Section 5 states that due investigation by a designated prosecutor by the Secretary of Justice be made prior to filing of information in court. Section 6 provides for penalty for furnishing false evidence. Section 7 provides for 2 witnesses in open court for acts penalized by prision mayor to death. Section 8 allows the renunciation of membership to the CCP through writing under oath. Section 9 declares the constitutionality of the statute and its valid exercise under freedom if thought, assembly and association. Issue: Whether or not RA1700 is a bill of attainder/ ex post facto law. Whether or Not RA1700 violates freedom of expression. Held: The court holds the VALIDITY Of the Anti-Subversion Act of 1957. A bill of attainder is solely a legislative act. It punishes without the benefit of the trial. It is the substitution of judicial determination to a legislative determination of guilt. In order for a statute be measured as a bill of attainder, the following requisites must be present: 1.) The statute specifies persons, groups. 2.) the statute is applied retroactively and reach past conduct. (A bill of attainder relatively is also an ex post facto law.) In the case at bar, the statute simply declares the CPP as an organized conspiracy for the overthrow of the Government for purposes of example of SECTION 4 of the Act. The Act applies not only to the CPP but also to other organizations having the same purpose and their successors. The Acts focus is on the conduct not person. Membership to this organizations, to be UNLAWFUL, it must be shown that membership was acquired with the intent to further the goals of the organization by overt acts. This is the element of MEMBERSHIP with KNOWLEDGE that is punishable. This is the required proof of a members direct participation. Why is membership punished. Membership renders aid and encouragement to the organization. Membership makes himself party to its unlawful acts. Furthermore, the statute is PROSPECTIVE in nature. Section 4 prohibits acts committed after approval of the act. The members of the subversive organizations before the passing of this Act is given an opportunity to escape liability by renouncing membership in accordance with Section 8. The statute applies the principle of mutatis mutandis or that the necessary changes having been made.
The declaration of that the CPP is an organized conspiracy to overthrow the Philippine Government should not be the basis of guilt. This declaration is only a basis of Section 4 of the Act. The EXISTENCE OF SUBSTANTIVE EVIL justifies the limitation to the exercise of Freedom of Expression and Association in this matter. Before the enactment of the statute and statements in the preamble, careful investigations by the Congress were done. The court further stresses that whatever interest in freedom of speech and association is excluded in the prohibition of membership in the CPP are weak considering NATIONAL SECURITY and PRESERVATION of DEMOCRACY. The court set basic guidelines to be observed in the prosecution under RA1700. In addition to proving circumstances/ evidences of subversion, the following elements must also be established: 1. Subversive Organizations besides the CPP, it must be proven that the organization purpose is to overthrow the present Government of the Philippines and establish a domination of a FOREIGN POWER. Membership is willfully and knowingly done by overt acts. 2. In case of CPP, the continued pursuance of its subversive purpose. Membership is willfully and knowingly done by overt acts. The court did not make any judgment on the crimes of the accused under the Act. The Supreme Court set aside the resolution of the TRIAL COURT.
BAYOT VS. SANDIGANBAYAN [128 SCRA 383; NO.L-61776 TO NO.L-61861; 23 MAR 1984] Facts: Bayot is one of the several persons who was accused in more than 100 counts of estafa thru falsification of Public documents before the Sandiganbayan. The said charges started from his alleged involvement as a government auditor of the commission on audit assigned to the Ministry of education and culture, with some other employees from the said ministry. The bureau of treasury and the teachers camp in Baguio City for the preparation and encashment of fictitious TCAA checks for the nom-existent obligations of the teachers camp resulting in damage to the government of several millions. The 1st 32 cases were filed on july 25, 1987, while Bayot ran for municipal mayor of Amadeo Cavite and was elected on January 1980. but on May 1980 Sandiganbayan promulgated a decision convicting the accused together with his other coaccused in all but one of the thirty two cases filed against them. On Mach 16, 1982 Batas Pambansa Blg 195 was passed amending RA 3019. Issue: Whether or Not it would be violative of the constitutional guarantee against an ex post facto law. Held: The court finds no merit in the petitioners contention that RA 3019 as amended by Batas Pambansa Blg 195, which includes the crime of estafa through falsification of Public Documents as among crimes subjecting the public officer charged therewith with suspension from public office pending action in court, is a penal provision which violates the constitutional prohibition against the enactment of ex post facto law. Accdg to the RPC suspension from employment and public office during trial shall not be considered as a penalty. It is not a penalty because it is not a result of a judicial proceeding. In fact, if acquitted the official who is suspended shall be entitled to reinstatement and the salaries and benefits which he failed to receive during suspension. And does not violate the constitutional provision against ex post facto law. The claim of the petitioner that he cannot be suspended because he is currently occupying a position diffren tfrom that under which he is charged is untenable. The amendatory provision clearly states that any incumbent public officer against whom any criminal prosecution under a valid information under RA 3019 for any offense involving fraud upon the government or public funds or property or whatever stage of execution and mode of participation shall be suspended
PEOPLE VS. SANDIGANBAYAN [211 SCRA 241; G.R. NO. 101724; 3 JUL 1992] Facts: Two letter complaints were filed with the Tanodbayan by Teofilo Gelacio on October 28,1986 and December 9, 1986, a political leader of Governor Valentina Plaza, wife of Congressman Democrito Plaza of Agusan del Sur, shortly after private respondent had replaced Mrs. Plaza as OIC/provincial Governor of Agusan del Sur on March 1986 The complaint questioned the issuance to Governor Paredes, when he was still the provincial attorney in 1976 of a free patent title for a lot in the Rosario public land subdivision in San Francisco, Agusan del Sur. He misrepresented to a Lands Inspector of the Bureau of Lands that the lands subject herein are disposable lands, thereby inducing said inspector to recommend approval of his application for free patent. On August 10, 1989 an information for violation of RA 3019 Anti-Graft and Corrupt Practices Act was then filed in the Sandiganbayan after an ex parte preliminary investigation. A motion to quash the information was filed by the private respondent contending among others that he is charged for an offence which has prescribed. Said motion was granted. The crime was committed on January 21, 1976, period of prescription was 10 years, therefore it has prescribed in 1986. Now the motion to quash was being assailed. Issue: Whether or Not the motion to quash validly granted. Held: Yes. RA 3019, being a special law the computation of the period for the prescription of the crime is governed by Sec. 29 of Act No. 3326, which begins to run from the day of the commission of the crime and not the discovery of it. Additionally, BP 195 which was approved on March 16, 1982, amending Sec. 11 of RA 3019 by increasing ten to fifteen years of the period for the prescription or extinguishment of a violation of RA 3019 may not be given retroactive application to the crime which was committed by Paredes, as it is prejudicial to the accused. To apply BP 195 to Paredes would make it an ex post facto law1 for it would alter his situation to his disadvantage by making him criminally liable for a crime that had already been extinguished under the law existing when it was committed.
RIGHTS OF THE ACCUSED Art 3, Sec. 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 and rehabilitation of victims of torture or similar practices, and their families. Art 3, Sec. 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. Art 3, Sec. 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. Art 3, Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Art 3, Sec. 17. No person shall be compelled to be a witness against himself. Art 3, Sec. 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. Art 3, Sec. 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. GAMBOA VS. CRUZ [162 SCRA 642;L-56291; 27 JUN 1988] Facts: Petitioner was arrested for vagrancy without a warrant. During a line-up of 5 detainees including petitioner, he was identified by a complainant to be a companion in a robbery, thereafter he was charged. Petitioner filed a Motion to Acquit on the ground that the conduct of the line-up, without notice and in the absence of his counsel violated his constitutional rights to counsel and to due process. The court denied said motion. Hearing was set, hence the petition. Issue: Whether or Not petitioners right to counsel and due process violated. Held: No. The police line-up was not part of the custodial inquest, hence, petitioner was not yet entitled, at such stage, to counsel. He had not been held yet to answer for a criminal offense. The moment there is a move or even an urge of said investigators to elicit admissions or confessions or even plain information which may appear innocent or innocuous at the time, from said suspect, he
1) he shall have the right to remain silent and to counsel, and to be informed of such right. 2) nor force, violence, threat, intimidation, or any other means which vitiates the free will 3) any confession obtained in violation of these rights shall be inadmissible in evidence.
The individual may knowingly and intelligently waive these rights and agree to answer or make a statement. But unless and until such rights and waivers are demonstrated by the prosecution at the trial, no evidence obtained as a result of interrogation can be used against him. PEOPLE VS. MAQUEDA [242 SCRA 565; G.R. NO.112983; 22 MAR 1994] Facts: shall be used against him.
Now, appellant argues that the extrajudicial confessions he and accused Dionanao executed suffer from constitutional infirmities, hence, inadmissible in evidence considering that they were extracted under duress and intimidation, and were merely countersigned later by the municipal attorney who, by the nature of his position, was not entirely an independent counsel nor counsel of their choice. Consequently, without the extrajudicial confessions, the prosecution is left without sufficient evidence to convict him of the crime charged. Issue: Whether or Not extrajudicial confessions of appellant is admissible as evidence against him. Held: No. When accused-appellant Bandula and accused Dionanao were investigated immediately after their arrest, they had no counsel present. If at all, counsel came in only a day after the custodial investigation with respect to accused Dionanao, and two weeks later with respect to appellant Bandula. And, counsel who supposedly assisted both accused was Atty. Ruben Zerna, the Municipal Attorney of Tanjay. On top of this, there are telltale signs that violence was used against the accused. Certainly, these are blatant violations of the Constitution which mandates in Sec. 12, Art. III. Irregularities present include: 1. The investigators did not inform the accused of their right to remain silent and to have competent and independent counsel, preferably of their own choice, even before attempting to elicit statements that would incriminate them. 2. Investigators continuously disregard the repeated requests of the accused for medical assistance. Reason for Accused Sedigos "black eye" which even Pat. Baldejera admitted is not established, as well as Bandulas fractured rib. 3. Counsel must be independent. He cannot be a special counsel, public or private prosecutor, counsel of the police, or a municipal attorney whose interest is admittedly adverse to the accused. PEOPLE VS. LUCERO [244 SCRA 425; G.R. NO.97936; 29 MAY 1995] Facts: Alejandro Lucero, Bienvenido Echavez, Balbino Echavez, Peter Doe, Richard Doe and John Doe were charged with the crime of robbery with homicide. The prosecution: Accused-appellant (alighted from a gray-reddish car), armed with handgun, blocked the way of the said complainant who was on board a Mercedes Benz passing along Road 14, Mindanao Avenue, Pag-asa, QC, rob and carry away cash money; one gold necklace with cross pendant, 7 karat; one gold Rolex watch; one 3 karat gold ring; one 2 karat gold ring, domino style; one solid gold bracelet; all worth P363,600.00, belonging to DR. DEMETRIO Z. MADRID. Accused shot LORENZO BERNALES y ALERIA, a driver of the said offended party, thus inflicting upon him mortal wounds, which resulted to the instantaneous death of ALERIA. Only the accused Echavez brothers and Alejandro Lucero were apprehended. When Lucero told him that he had no lawyer, in due time, Atty. Diosdado Peralta conferred with Lucero. He apprised Lucero of his constitutional rights. He observed no reaction from Lucero. Nonetheless, Atty. Peralta gathered the impression that Lucero understood his advice. When the investigator started asking the preliminary questions, Atty. Peralta left to attend the wake of his friend. The next morning, Lucero was accompanied by CIS agents to Atty. Peralta's house. The extrajudicial statement of Lucero was presented to Atty. Peralta. It was already signed by Lucero. The three accused denied complicity in the crime charged. Appellant Lucero's defense is alibi. He testified that he was at his house in Caloocan City. He said he was surprised when several unidentified men accosted him while he was walking towards his house. They chased him, handcuffed and blindfolded him and pushed him into a
NAVALLO VS. SANDIGANBAYAN [234 SCRA 177; G.R. NO. 97214; 18 JUL 1994] Facts: Accused was the Collecting and Disbursing Officer of the Numancia National Vocational School, which school is also located at del Carmen, Surigao del Norte. His duties included the collection of tuition fees, preparation of vouchers for salaries of teachers and employees, and remittance of collections exceeding P500.00 to the National Treasury. An information for malversation of public funds was filed. A warrant of arrest was issued, but accused-petitioner could not be found. on 10 December 1978, Presidential Decree No. 1606 took effect creating the Sandiganbayan and conferring on it original and exclusive jurisdiction over crimes committed by public officers embraced in Title VII of the Revised Penal Code. On 15 November 1984, Navallo was finally arrested. He was released on provisional liberty upon the approval of his property bail bond. When arraigned by the RTC on 18 July 1985, he pleaded not guilty. Upon motion of the prosecution, the RTC transferred the case and transmitted its records to the Sandiganbayan. Special Prosecutor Luz L. Quiones-Marcos opined that since Navallo had already been arraigned before the case was transferred to the Sandiganbayan, the RTC should continue taking cognizance of the case. The matter was referred to the Office of the Ombudsman which held otherwise. The information was then docketed with the Sandiganbayan. A new order for Navallo's arrest was issued by the Sandiganbayan. The warrant was returned with a certification by the RTC Clerk of Court that the accused had posted a bail bond. Navallo filed a motion to quash, contending (1) that the Sandiganbayan had no jurisdiction over the offense and the person of the accused and (2) that since the accused had already been arraigned by the RTC, the attempt to prosecute him before the Sandiganbayan would constitute double jeopardy. However this was denied and trial ensued and he was found guilty. Issue: Whether or Not the constitutional right against double jeopardy and in custodial investigations in favor of the accused violated. Held: No. Double jeopardy requires the existence of the following requisites:
Agripino Gine of Barangay Naburacan, Municipality of Matnog, Province of Sorsogon, accompanied his 13-year old daughter, Merelyn, to the police station of the said municipality to report a rape committed against the latter by the accused. Following this, the accused was apprehended and charged. A bond of P25000 was granted for accuseds provisional release. The MCTC found him guilty. An appeal to RTC was filed, the request for the fixing of bond was denied. Now accused assails denial of bail on the ground that the same amounted to an undue denial of his constitutional right to bail. Issue: Whether or Not the accuseds right to bail violated. Held: No. It is clear from Section 13, Article III of the 1987 Constitution and Section 3, Rule 114 of the Revised Rules of Court, as amended, that before conviction bail is either a matter of right or of discretion. It is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua. To that extent the right is absolute. If the offense charged is punishable by reclusion perpetua bail becomes a matter of discretion. It shall be denied if the evidence of guilt is strong. The court's discretion is limited to determining whether or not evidence of guilt is strong. But once it is determined that the evidence of guilt is not strong, bail also becomes a matter of right. If an accused who is charged with a crime punishable by reclusion perpetua is convicted by the trial court and sentenced to suffer such a penalty, bail is neither a matter of right on the part of the accused nor of discretion on the part of the court. COMMENDADOR VS. DE VILLA [200 SCRA 80; G.R. NO. 93177; 2 AUG 1991] Facts: The petitioners in G.R. Nos. 93177 and 96948 who are officers of the AFP were directed to appear in person before the Pre-Trial Investigating Officers for the alleged participation the failed coup on December 1 to 9, 1989. Petitioners now claim that there was no pre-trial investigation of the charges as mandated by Article of War 71. A motion for dismissal was denied. Now, their motion for reconsideration. Alleging denial of due process. In G.R. No. 95020, Ltc Jacinto Ligot applied for bail on June 5, 1990, but the application was denied by GCM No.14. He filed with the RTC a petition for certiorari and mandamus with prayer for provisional liberty and a writ of preliminary injunction. Judge of GCM then granted the provisional liberty. However he was not released immediately. The RTC now declared that even military men facing court martial proceedings can avail the right to bail. The private respondents in G.R. No. 97454 filed with SC a petition for habeas corpus on the ground that they were being detained in Camp Crame without charges. The petition was referred to RTC. Finding after hearing that no formal charges had been filed against the petitioners after more than a year after their arrest, the trial court ordered their release. Issue: Whether or Not there was a denial of due process. Whether or not there was a violation of the accused right to bail. Held: NO denial of due process. Petitioners were given several opportunities to present their side at the pre-trial investigation, first at the scheduled hearing of February 12, 1990, and then again after the denial of their motion of February 21, 1990, when they were given until March 7, 1990, to submit their counter-affidavits. On that date, they filed instead a verbal motion for reconsideration which they were again asked to submit in writing. They had been expressly warned in the subpoena that "failure to submit counter-affidavits on the date specified shall be deemed a waiver of their right to submit controverting evidence." Petitioners have a right to pre-emptory challenge. (Right to challenge validity of members of G/SCM) It is argued that since the private respondents are officers of the Armed Forces accused of violations of the Articles of War, the respondent courts have no authority to order their release and otherwise interfere with the court-martial proceedings. This is without merit. * The Regional
Held: YES. Due process (Procedural) and right to speedy disposition of trial were violated. Firstly, the complaint came to life, as it were, only after petitioner Tatad had a falling out with President Marcos. Secondly, departing from established procedures prescribed by law for preliminary investigation, which require the submission of affidavits and counter-affidavits by the complainant and the respondent and their witnesses, the Tanodbayan referred the complaint to the
Held: YES. The peoples evidence failed to meet the quantum required to overcome the presumption. The second identification which correctly pointed to accused by Venancio should not be credited. There is no reason for him to err as they know each other for 3 years. It was also incorrect to give too much weight to Police Sgt. Awanans testimony as to the previous identification at the hospital. The testimony of Sgt. Awanan was not corroborated by Venancio. The identification procedure was irregular. Due process demands that the identification procedure of criminal suspects must be free from impermissible suggestions as the influence of improper suggestion probably accounts for more miscarriages of justice than any other single factor. Conviction must be based on the strength of the prosecution and not the weakness of the defense. There was blatant violation of the constitutional rights of appellant as an accused. Appellant belongs to the economically deprived in our society. He is nearly illiterate(third grade education). Our Constitution and our laws strictly ordain their protection following the Magsaysay desideratum that those who have less in life should have more in law. CORPUZ VS. REPUBLIC [194 SCRA 73; G.R. NO. 74259; 14 FEB 1991] Facts: Generoso Corpuz is the Supervising Accounting Clerk in the Office of the Provincial Treasurer of Nueva Viscaya. He was designated Acting Supervising Cashier in the said office. In this capacity, he received collections, disbursed funds and made bank deposits and withdrawals pertaining to
SORIANO VS. SANDIGANBAYAN [131 SCRA 184; G.R. NO.L-65952; 31 JUL 1984] Facts: Tan was accused of qualified theft. The petitioner, who was an Asst. Fiscal, was assigned to investigate. In the course of the investigation, petitioner demanded Php.4000 from Tan as price for dismissing the case. Tan reported it to the NBI which set up an entrapment. Tan was given a Php.2000, marked bill, and he had supplied the other half. The entrapment succeeded and an information was filed with the Sandiganbayan. After trial, the Sandiganbayan rendered a decision finding the petitioner guilty as a principal in violating the Anti Graft and Corrupt Practices Act (R.A.3019). A motion for reconsideration was denied by the Sandiganbayan, hence this instant petition. Issue: Whether or Not the investigation conducted by the petitioner can be regarded as contract or transaction within the purview of .RA.3019. Held:
R.A. 3019 Sec.3. Corrupt practices of public officers - In addition to acts or omissions of public officers already penalized by existing laws, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: xxx b. Directly or indirectly requesting or receiving any gift, present, share percentage or benefit, for himself or for other person, in connection with any contract or transaction between the Govt. and any other party wherein the public officer in his official capacity has to intervene under the law. The petitioner stated that the facts make out a case of direct bribery under Art.210 of the RPC and not a violation of R.A. 3019 sec.3 (b). The offense of direct bribery is not the offense charged and is not included in the offense charged which is violation of R.A.3019 sec.3 (b). The respondent claimed that, transaction as used hereof, is not limited to commercial or business transaction, but includes all kinds of transaction whether commercial, civil, or administrative in nature. The court agrees with the petitioner. It is obvious that the investigation conducted by the petitioner was neither a contract nor transaction. A transaction like a contract is one which involves some consideration as in credit transactions. And this element is absent in the investigation conducted by the petitioner. Judgment modified. Petitioner is guilty of direct bribery under Art.210 of the RPC.
BORJA VS. MENDOZA [77 SCRA 422; G.R. NO.L-45667; 20 JUN 1977] Facts: Borja was accused of slight physical injuries in the City of Cebu. However, he was not arraigned. That not withstanding, respondent Judge Senining proceeded with the trial in absentia and rendered a decision finding petitioner guilty of the crime charged. The case was appealed to the Court o First Instance in Cebu presided by respondent Judge Mendoza. It was alleged that the failure to arraign him is a violation of his constitutional rights. It was also alleged that without any notice to petitioner and without requiring him to submit his memorandum, a decision on the appealed case was rendered The Solicitor General commented that the decision should be annulled because there was no arraignment. Issue: Whether or Not petitioners constitutional right was violated when he was not arraigned. Held: Yes. Procedural due process requires that the accused be arraigned so that he may be informed as to why he was indicted and what penal offense he has to face, to be convicted only on a showing that his guilt is shown beyond reasonable doubt with full opportunity to disprove the evidence against him. It is also not just due process that requires an arraignment. It is required in the Rules that an accused, for the first time, is granted the opportunity to know the precise charge that confronts him. It is imperative that he is thus made fully aware of possible loss of freedom, even of his life, depending on the nature of the crime imputed to him. At the very least then, he must be fully informed of why the prosecuting arm of the state is mobilized against him. Being arraigned is thus a vital aspect of the constitutional rights guaranteed him. Also, respondent Judge Senining convicted petitioner notwithstanding the absence of an arraignment. With the violation of the constitutional right to be heard by himself and counsel being thus manifest, it is correct that the Solicitor General agreed with petitioner that the sentence imposed on him should be set aside for being null. The absence of an arraignment can be invoked at anytime in view of the requirements of due process to ensure a fair and impartial trial. Wherefore, the petition for certiorari is granted. The decision of respondent Judge Romulo R. Senining dated December 28, 1973, finding the accused guilty of the crime of slight physical injuries, is nullified and set aside. Likewise, the decision of respondent Judge Rafael T. Mendoza dated November 16, 1976, affirming the aforesaid decision of Judge Senining, is nullified and set aside. The case is remanded to the City Court of Cebu for the prosecution of the offense of slight physical injuries, with due respect and observance of the provisions of the Rules of Court, starting with the arraignment of petitioner.
CONDE VS. RIVERA [45 PHIL 650; G.R. NO. 21741; 25 JAN 1924] Facts: Aurelia Conde, formerly a municipal midwife in Lucena, Tayabas, has been forced to respond to no less the five information for various crimes and misdemeanors, has appeared with her witnesses and counsel at hearings no less than on eight different occasions only to see the cause postponed, has twice been required to come to the Supreme Court for protection, and now, after the passage of more than one year from the time when the first information was filed, seems as far away from a definite resolution of her troubles as she was when originally charged. Issue: Whether or Not petitioner has been denied her right to a speedy and impartial trial. Held: Philippine organic and statutory law expressly guarantee that in all criminal prosecutions the accused shall enjoy the right to have a speedy trial. Aurelia Conde, like all other accused persons, has a right to a speedy trial in order that if innocent she may go free, and she has been deprived of that right in defiance of law. We lay down the legal proposition that, where a prosecuting officer, without good cause, secures postponements of the trial of a defendant against his protest beyond a reasonable period of time, as in this instance for more than a year, the accused is entitled to relief by a proceeding in mandamus to compel a dismissal of the information, or if he be restrained of his liberty, by habeas corpus to obtain his freedom. PEOPLE VS. TAMPAL [244 SCRA 202; G.R. NO. 102485; 22 MAY 1995] Facts: Luis Tampal, Domingo Padumon, Arsenio Padumon, Samuel Padumon, Pablito Suco, Dario Suco and Galvino Cadling were charged of robbery with homicide and multiple serious physical injuries in the Regional Trial Court of Zamboanga with Hon. Wilfredo Ochotorena as presiding judge. However, only private respondents, Luis Tampal, Domingo Padumon, Arsenio Padumon, and Samuel Padumon were arrested, while the others remained at large. The case was set for hearing on July 26, 1991, but Assistant Provincial Prosecutor Wilfredo Guantero moved for postponement due to his failure to contact the material witnesses. The case was reset without any objection from the defense counsel. The case was called on September 20, 1991 but the prosecutor was not present. The respondent judge considered the absence of the prosecutor as unjustified, and dismissed the criminal case for failure to prosecute. The prosecution filed a motion for reconsidereation, claiming that his absence was because such date was a Muslim holiday and the office of the Provincial prosecutor was closed on that day. The motion was denied by respondent judge. Issue: Whether or Not the postponement is a violation of the right of the accused to a speedy disposition of their cases. Whether or Not the dismissal serves as a bar to reinstatement of the case. Held: In determining the right of an accused to speedy disposition of their case, courts should do more than a mathematical computation of the number of postponements of the scheduled hearings of the case. What are violative of the right of the accused to speedy trial are unjustified postponements which prolong trial for an unreasonable length of time. In the facts above, there was no showing that there was an unjust delay caused by the prosecution, hence, the respondent judge should have given the prosecution a fair opportunity to prosecute its case. The private respondents cannot invoke their right against double jeopardy. In several cases it was held that dismissal on the grounds of failure to prosecute is equivalent to an acquittal that would
CITIZENSHIP
Facts: Petitioner Ernesto Mercado and Private respondent Eduardo Manzano are candidates for the position of Vice-Mayor of Makati City in the May, 1998 elections. Private respondent was the winner of the said election but the proclamation was suspended due to the petition of Ernesto Mamaril regarding the citizenship of private respondent. Mamaril alleged that the private respondent is not a citizen of the Philippines but of the United States. COMELEC granted the petition and disqualified the private respondent for being a dual citizen, pursuant to the Local Government code that provides that persons who possess dual citizenship are disqualified from running any public position. Private respondent filed a motion for reconsideration which remained pending until after election. Petitioner sought to intervene in the case for disqualification. COMELEC reversed the decision and declared private respondent qualified to run for the position. Pursuant to the ruling of the COMELEC, the board of canvassers proclaimed private respondent as vice mayor. This petition sought the reversal of the resolution of the COMELEC and to declare the private respondent disqualified to hold the office of the vice mayor of Makati. Issue:
Whether or Not private respondent is qualified to hold office as Vice-Mayor. Held: Dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states. For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Private respondent is considered as a dual citizen because he is born of Filipino parents but was born in San Francisco, USA. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of citizens of the Philippines to posses dual citizenship: (1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; (2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers country such children are citizens of that country; (3) Those who marry aliens if by the laws of the latters country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individuals volition. By filing a certificate of candidacy when he ran for his present post, private respondent elected Philippine citizenship and in effect renounced his American citizenship. The filing of such certificate of candidacy sufficed to renounce his American citizenship, effectively removing any disqualification he might have as a dual citizen. By declaring in his certificate of candidacy that he is a Filipino citizen; that he is not a permanent resident or immigrant of another country; that he will defend and support the Constitution of the Philippines and bear true faith and allegiance thereto and that he does so without mental reservation, private respondent has, as far as the laws of this country are concerned, effectively repudiated his American citizenship and anything which he may have said before as a dual citizen. On the other hand, private respondents oath of allegiance to the Philippine, when considered with the fact that he has spent his youth and adulthood, received his education, practiced his profession as an artist, and taken part in past elections in this country, leaves no doubt of his election of Philippine citizenship.
TECSON VS. COMELEC [424 SCRA 277; G.R. No. 161434; 3 Mar 2004] Facts: Victorino X. Fornier, petitioner initiated a petition before the COMELEC to disqualify FPJ and to deny due course or to cancel his certificate of candidacy upon the thesis that FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino citizen when in truth, according to Fornier, his parents were foreigners; his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject. Granting, petitioner asseverated, that Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother. Petitioner based the allegation of the illegitimate birth of respondent on two assertions - first, Allan F. Poe contracted a prior marriage to a certain Paulita Gomez before his marriage to Bessie Kelley and, second, even if no such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a year after the birth of respondent.
Issue: Whether or Not FPJ is a natural born Filipino citizen. Held: It is necessary to take on the matter of whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on whether or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the affirmative, whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have well been his place of residence before death, such that Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in 1902. That citizenship (of Lorenzo Pou), if acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. But while the totality of the evidence may not establish conclusively that respondent FPJ is a natural-born citizen of the Philippines, the evidence on hand still would preponderate in his favor enough to hold that he cannot be held guilty of having made a material misrepresentation in his certificate of candidacy in violation of Section 78, in relation to Section 74, of the Omnibus Election Code. BENGZON VS. HRET [357 SCRA 545; G. R. No. 142840; 7 May 2001] Facts: Respondent Teodoro Cruz was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac, on April 27, 1960, of Filipino parents. The fundamental law then applicable was the 1935 Constitution. On November 5, 1985, however, respondent Cruz enlisted in the United States Marine Corps and without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a Consequence, he lost his Filipino citizenship for under Commonwealth Act No. 63, section 1(4), a Filipino citizen may lose his citizenship by, among other, "rendering service to or accepting commission in the armed forces of a foreign country. He was naturalized in US in 1990. On March 17, 1994, respondent Cruz reacquired his Philippine citizenship through repatriation under Republic Act No. 2630. He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998 elections. He won over petitioner Antonio Bengson III, who was then running for reelection.
Issue: Whether or Not respondent Cruz is a natural born citizen of the Philippines in view of the constitutional requirement that "no person shall be a Member of the House of Representative unless he is a natural-born citizen. Held: Respondent is a natural born citizen of the Philippines. As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippine and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino.