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Political Law

Political Law


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Published by: Chapapa on Jan 30, 2009
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2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-R
review materials, www.pinoylaw.net, etc.)

Ma. Luisa Angeles Ramos

1.Clear and Present Danger Rule—when words are used in such circumstance
and of such nature as to create a clear and present danger that will bring about
substantive evil that state has the right to prevent.

2.Dangerous Tendency Rule—words uttered create a dangerous tendency of an
evil which State has the right to prevent.
3.Balancing of Interest Test—when particular conduct is regulated in interest of
public order, and the regulation results in an indirect, conditional, partial
abridgment of speech, the duty of the courts is to determine which of the 2
conflicting interests demand greater protection under the particular
circumstances presented.

In the case of Adiong vs. COMELEC, 207 SCRA 713, the SC held that the
posting of decals and stickers on cars, calesas, tricycles, pedicabs and other moving
vehicles needs the consent of the owner of the vehicle. Hence, the preference of the
citizens becomes crucial in this kind of propaganda, not the financial resources of the
candidate. The owner can even prepare his own decals or stickers for posting on his
personal property. To strike down this right and enjoin it is impermissible encroachment
of his liberties. The prohibition on posting of decals and stickers on “mobile” places
whether public or private except in authorized areas designated by the COMELEC
becomes censorship which cannot be justified by the Constitution.

Doctrine of Fair Comment—

Fair commentaries on matters of public interest are privileged and constitute a
valid defense in an action for libel or slander. It means that while in general every
discreditable imputation publicly made is deemed false, because every man is
presumed innocent until his guilt is judicially proved, and every false imputation is
deemed malicious, nevertheless, when the discreditable imputation is directed against a
public person in his public capacity, it is not necessarily actionable. In order that such
discreditable imputation to a public official may be actionable, it must either be a false
allegation of fact or a comment based on a false supposition. If the comment is an
expression of opinion, based on established facts, it is immaterial that the opinion
happens to be mistaken, as long as it might reasonably inferred from the facts. (Borjal
vs. CA, 301 SCRA 1)

Right to Assemble and Petition Government

The right to assemble is not subject to prior restraint and may not be conditioned
upon the prior issuance of a permit or authorization from the government authorities.
However, the right must be exercised in such a way as will not prejudice the public

If assembly is to be held at a public place, permit for the use of such place, and

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