Professional Documents
Culture Documents
Consti 2 Final Reviewer Protected)
Consti 2 Final Reviewer Protected)
Consti 2 Final Reviewer Protected)
Suretyship - ins surety bonds, signee (guarantor) agrees to answer for Standards of Police Power
whatever decision might be rendered against the principal, whether or not the 1. Lawful Purpose- for the general welfare of the community.
surety was impleaded in the complaint. Notice to the principal is notice to the 2. Lawful Method- reasonable, non-oppressive and non-arbitrary
surety, thus they have been given an opportunity to participate in litigation. If means and methods employed in connection to the
they choose not to intervene, it is deemed that they have waived their right to accomplishment of the purpose.
be heard.
- Notice to the principal is also notice to the surety (Stronghold v. CA) - Police power cannot interfere with private property for purely aesthetic
purposes. But where the act is reasonably within a proper consideration of
Tariff and Customs Code and care for the public health, safety or comfort, it should not be
Forfeiture proceedings are not penal in nature therefore would only need disturbed by the courts. (Churchill v. Rafferty)
substantial evidence. There is also no need for assistance of counsel
(Feeder v. CA) - The State may not under the guise of Police Power, permanently divest
- The right to be presumed innocent is given only to an individual in owners of the beneficial use of their property and practically confiscate
criminal cases; and not to corporate entities. them solely to preserve or assure the aesthetic appearance of the
community. (People v. Fajardo)
Closure proceedings are a valid exercise of police power of the State to An ordinance may be considered invalid if: L-NP-LS
protect the public from the dissipation of funds and bank runs. It does not 1. It fails to state any policy to guide or limit the mayor’s discretion
need notice and hearing as long as there is subsequent judicial review. (CB v. 2. It expresses no purpose to be attained by requiring a permit
CA) 3. enumerates no condition for its grant or refusal
Procedure: E-R-E 4. Lacks standards, conferring upon the mayor arbitrary and
1. Examination by Central Bank unrestricted power.
2. Report by Monetary Board on the bank concerned
3. Prima Facie evidence about the bank’s bad financial condition Municipal license fees could be classified into: RO-NO-R
(1) Those imposed for regulating occupations or regular enterprises,
Cancellation of Property Rights if deemed to be a custom violates due (2) The regulation or restriction of non-useful occupations or enterprises,
process (American Inter-fashion v. OP) (3) For revenue purposes only.
Export Quotas- initially was only a privilege but eventually evolved into a Ordinance is a valid exercise of police power to minimize certain practices
form of property right which should not be removed arbitrarily and without hurtful to public morals. The alarming increase in the rate of prostitution,
due process. adultery and fornication in Manila traceable in great part to the existence of
Input taxes- NOT properties nor property rights but mere statutory privilege. motels. Taxation may be made to implement a police power and the amount,
object, and instance of taxation is dependent upon the local legislative body.
D. Substantive Due Process Lutz v. Araneta
Interest of public requires such interference and the means are
reasonably necessary for the accomplishment of the purpose and not Power to tax- police power to regulate behavior. Congress can legislate
unduly oppressive morality through sin taxes. (Ermita-Malate v. City Mayor of Manila)
Liberty of the citizen may be restrained in the interest of public health,
public order and safety, or anything else within the scope of police power. - The extinction of Mortgage and other liens owned by legitimate creditors of
It is the duty of the legislature to: I-R AGRIX constitutes a taking without due process. The mortgages and loans are
1. determine what the interests of the public require purely private and have not shown to be affected with private interest;
2. Determine what measures are necessary for the protection of such therefore, there was no cause to deprive the private individuals of vested
interests. property rights. Outright confiscation of Property without NOTICE and
- The determination, of the legislature on what is a proper exercise of HEARING is invalid. If there is a taking, there must be Just Compensation.
Profession- is a legitimate subject of Police Power. So long as professionals - Police Power, in the interest of General Welfare and Public Health, MAY
and other workers meet reasonably regulatory standards, no such deprivation impair contracts. (Beltran v. Sec. of Health)
of property exists. (JMM Promotion and Management v. CA) Easements- are like other contracts, subject to the overriding demands,
Security of Tenure- While the right of workers to security of tenure is Gender- is a valid classification, the physical and psychological differences
guaranteed by the Constitution, its exercise may be reasonably regulated make the distinction reasonably related to the valid purpose. The prohibition
pursuant to the police power of the State to safeguard health, morals, peace, of women bartenders was attributed to the danger present in their workplace,
education, order, safety, and the general welfare of the people. with the object of protecting the morals of women. (Goesart v. Cleary)
E. Equal Protection of the Law Taxing Ordinance- Tax should not be passed for specific companies/entities
Guarantees legal equality of all before the law only, for it will not be applicable to future conditions, and will serve to exclude
Equal protection clause can also be violated not by denial of equality but any subsequently established sugar central, of the same class as plaintiff,
by creating a system that can foster inequality (People v. Vera) from the coverage of the tax. (Ormoc Sugar Co. v. Treasurer of Ormoc)
The guaranty of Equal Protection is not violated by a legislation based on
reasonable classification. - It is inherent in the power to tax that a state be free to select the subjects of
For classifications to be reasonable: (People v. Cayat)S-G-L-E taxation, and it has been repeatedly held that 'inequalities which result from a
1. It must rest on substantial distinctions singling out of one particular class for taxation, or exemption infringe no
2. It must be germane to the purpose of the law constitutional limitation. (Sison Jr. v. Ancheta)
3. It must not be limited to existing conditions only
4. It must apply equally to all members of the same class - Special grant of tax exemption in favor of the Marcoz heirs will constitute
class legislation. (Chavez v. PCGG)
- it does not demand absolute equality among residents, it merely requires
that all persons similarly situated shall be treated alike, under like Gambling- Just how PD 1869 in legalizing gambling conducted by PAGCOR is
circumstances; both as to privileges conferred and liabilities enforced. (Tiu v. violative of equal protection is not clearly explained. The mere fact that some
CA) gambling activities like cockfighting (PD 449) horse-racing (RA 306, amended
by RA 983), sweepstakes, lottery and races (RA 1169 amended by BP 42) are
Aliens legalized under certain conditions, while others are prohibited, does not render
The difference in status between citizens and aliens constitute a basis for these laws, specifically PD 1869, unconstitutional.
reasonable classification in the exercise of police power. SC held that the - The EPC does not mean that all things called by the same name should be
disputed law was enacted to remedy an actual threat and danger to nat’l treated the same way. (Basco v. PAGCOR)
economy posed by alien dominance and control of the retail trade, and would
free citizens from such dominance and control. (Ichong v. Hernandez) Stare Decisis- Dismissal of a case against one defendant must apply to
others if no reasonable distinctions exist. (Republic v. Sandiganbayan)
- The P50.00 fee is unreasonable because it fails to consider valid substantial
differences in situation among individual aliens who are required to pay it. Homeless Poor- Inequalities which result from the singling out of one
The same amount is collected from every alien, whether he is a casual or particular class for tax exemption infringe no constitutional limitation. There is
permanent employee, part-time or full-time, an employee or an executive. a substantial distinction between the homeless poor and the homeless- less
(Villegas v. Hui Chiong Pao Ho) poor because the 2nd group can afford to rent houses in the meantime.
(Tolentino v. Sec. of Finance)
Exception: If search is reasonable Search – an examination of a man’s house or other buildings or premises, or
I of his person or his vehicle with a view to the discovery of contraband, illicit
I I I I and stolen property or some evidence of guilt to be used in prosecution of a
criminal action for some crime or offense charged.
With a valid Without a valid Without Warrant Other nature or
warrant warrant (by a Private purpose When is a search a “search”?
Individual) A “Routine Checkpoint” does not intrude on a motorists right to “free passage
Requirements: 1) Incidental to 1) Subpoena without interruption,” but it involves only a brief detention of travelers during
1) Issued upon lawful arrest 1) SOP (People duces tecum which the vehicle’s occupants are required to answer a brief question or two.
probable cause (Sec 12, Rule vs. Marti) 2) Administrative As long as the vehicle is neither searched, nor its occupants subjected to a
2) Personally 126 of Rules of 2) Security Check Inspection body search, and the inspection of the vehicle is limited to a visual search,
examined by the Court) (People vs routine checks cannot be regarded as violative of an individuals’ right against
judge 2) Plain view Bongcarawan) unreasonable search. (Valmonte v. Gen. De Villa)
3) Examined 3) Moving vehicle
under oath and 4) Consented Random Drug Testing- The operative concepts in the mandatory drug
affirmation warrantless testing are "randomness" and "suspicionless." In the case of persons charged
4) Particularly search with a crime before the prosecutor's office, a mandatory drug testing can
describing the 5) Customs never be random or suspicionless.
place to be searches
searched and the 6) Stop and Frisk When persons suspected of committing a crime are charged, they are singled
persons or things 7) Exigent and out and are impleaded against their will. The persons thus charged, by the
to be seized Emergency bare fact of being haled before the prosecutor's office and peaceably
(Sec. 2 Art. III, circumstances submitting themselves to drug testing, if that be the case, do not necessarily
Uy v. BIR) 8) suspicionless drug consent to the procedure, let alone waive their right to privacy.
5) warrant must tests
not be for more To impose mandatory drug testing on the accused is a blatant attempt to
than one offense harness a medical test as a tool for criminal prosecution, contrary to the
(Revised ROC) stated objectives of RA 9165. Drug testing in this case would violate a
persons' right to privacy guaranteed under Sec. 2, Art. III of the Constitution.
Worse still, the accused persons are veritably forced to incriminate
themselves. (SJS v. DDB)
Requisites of a Valid Warrant The testimonies of the two witnesses, coupled with the object and
A search warrant must conform strictly to the requirements of the foregoing documentary evidence they presented, are sufficient to establish the existence
constitutional and statutory provisions. These requirements are: of probable cause. The determination of probable cause does not call for the
(1) the warrant must be issued upon probable cause; application of rules and standards of proof that a judgment of conviction
(2) the probable cause must be determined by the judge himself and not by requires after trial on the merits. (Microsoft v. Maxicorp)
the applicant or any other person;
(3) in the determination of probable cause, the judge must examine, under “Probable cause” is concerned with probability, not absolute or even moral
oath or affirmation, the complainant and such witnesses as the latter may certainty. The prosecution need not present at this stage proof beyond
produce; and reasonable doubt. The standards of judgment are that of reasonably prudent
(4) the warrant issued must particularly describe the place to be searched and man, not the exacting calibrations of a judge after a full-blown trial. (Microsoft
persons or things to be seized. (Uy v. BIR) v. Maxicorp)
1)Probable Cause – such reasons, supported by facts and circumstances, as For purposes of issuing a warrant, only a judge can determine probable cause.
will warrant a cautious man in the belief that his action and the means taken For purposes of filing an information, the prosecution determines probable
in prosecuting it, are legally just and proper. DETERMINED BY THE FACTS OF cause. Determination of probable cause during a preliminary investigation is
EACH CASE. an executive function. (People v. CA)
- It must be probable cause of something specific (Stonehill vs. Dlokno)
- It must be defined In relation to the action which It justifies Sufficiency of Affidavit
- Mere conclusions of law do not establish probable cause (Corro vs. Lising) When the Affidavit of the applicant of the complaint contains sufficient facts
(Burgos vs. Chief of Staff) within his personal and direct knowledge, it is sufficient if the judge is satisfied
Probable cause for an arrest – facts and circumstances which would that there exist probable cause; when the applicant's knowledge of the facts is
lead a reasonably discreet and prudent man to believe that an mere hearsay, the affidavit of one or more witnesses having a personal
offense has been committed by the person sought to be arrested. knowledge of the fact is necessary. (Alvarez v. CFI)
Probable cause for a search – facts and circumstances which would Prosecutor’s Certification
Examination of complainant must be in the form of searching questions and The failure of the witness to mention particular individuals does not
answers in order to determine the existence of probable cause. (Silva v. RTC necessarily prove that he had no personal knowledge of specific illegal
Negros) transactions of the Organization, for the witness might be acquainted with
specific transactions, even if the names of the individuals concerned were
The reading of the stenographic notes to respondent Judge did not constitute unknown to him. (Central Bank v. Morfe)
sufficient compliance with the constitutional mandate of personal examination
for by that manner respondent Judge did not have the opportunity to observe The examining judge has to take depositions in writing of the complainant and
the demeanor of the complainant and his witness. These were important in the witnesses he may produce and to attach them to the record. Such written
arriving at a sound inference on the question of w/n there was probable deposition is necessary in order that the judge may be able to properly
cause. (Bache & Co. Inc v. Ruiz) determine the existence or non-existence of probable cause, and to hold liable
for perjury the person giving it if it will be found later that his declarations are
Personal Examination of Evidence: false. (People v. Mamaril)
The presentation of the master tapes of the copyrighted films from which the
pirated films were allegedly copied, was necessary for the validity of search 4) Particularity of Description
warrants against those who have in their possession the pirated films. This - A search warrant may be said to particularly describe the things to be seized
linkage of the copyrighted films to the pirated films must be established to when the description therein is as specific as the circumstances will ordinarily
satisfy the requirements of probable cause. Mere allegations as to the allow and by which the warrant officer may be guided in making the search
existence of the copyrighted films cannot serve as basis for the issuance of a and seizure. (Bache & Co. v. Ruiz)
search warrant. (20th Century Fox Film v. CA)
- Section 1, paragraphs 3, of Article III of the Constitution, and section 97 of
3) Examined under Oath and Affirmation General Orders, No. 58 provide that the affidavit to be presented, which shall
serve as the basis for determining whether probable cause exist and whether
Searching Questions: the warrant should be issued, must contain a particular description of the
Warrant issued will be declared VOID if the judge does not ask SEARCHING place to be searched and the person or thing to be seized. These provisions
QUESTIONS, and merely asks cursory questions that mirror the application are mandatory and must be strictly complied. (Alvarez v. CFI) It must NOT be
filed by the complainant or witness, such as: too general. (Stonehill v. Diokno)
o Questions that are simple “yes” or “no” questions pertaining to
basic matters like identity and things to be seized, already The purpose and intent of this requirement is to limit the things to be seized
contained in the application for search warrant filed. to only those particularly described in the search warrant – to leave the
o Questions that are routinary and very broad. (Silva v. Presiding officers of the law with no discretion regarding what articles they should seize,
Judge of RTC of Negros Occidental) to the end that unreasonable searches and seizures, or abuses, may not be
Oath- an outward pledge, given by person taking it, that his attestation or committed. (Corro v. Lising)
promise is made under immediate sense of responsibility to God. (Alvarez vs.
CFI) Purpose or this requirement is to prevent abuse by the officer enforcing the
Affirmation- a solemn and formal declaration that an affidavit is true, this warrant by leaving him with no discretion as to who or what to search or
seize. (Bernas)
A search warrant may be said to particularly describe the things to be seized Typographical Error- in warrant is allowed if the description of the place to be
when: searched can be distinguished from other places, but will not be allowed if it is
a. the description therein is as specific as the circumstances will based on the whims or discretion of the peace officer.
ordinarily allow,
b. or when the description expresses a conclusion of fact- not of law- by Search of a House- 2 witnesses are required to be present in the search of the
which the warrant officer may be guided in making the search and house, unless its lawful occupants are in the premises searched.
seizure.
c. or when the things described are limited to those, which bear direct -If in a warrant for a search of the place there is a mistake in the identification
relation to the offense for which the warrant is being issued. (Bache of the owner, the warrant is not invalidated if it is properly described. (Frank
& Co. Inc. v. Ruiz) Uy v. BIR)
Requirements: The rules governing search and seizure of a moving vehicle have steadily
1) Prior valid intrusion based on the valid warrantless arrest in which the liberalized on the basis of practicality. This is so considering that before a
police are legally present in the pursuit of their official duty. warrant could be obtained, the place, things and persons to be searched must
2) The evidence was inadvertently discovered by the police who have the right be described to the satisfaction of the issuing judge—a requirement which
to be there. borders on the impossible in the case of smuggling effected by the use of a
3) The evidence must be immediately apparent moving vehicle that can transport contraband from one place to another with
4) Plain view justified mere seizure of evidence without further search (People impunity. (People v. Lo Ho Wing)
vs. Valdez) (See Roan vs. Gonzales)
It is quite true the RASAC received one such information several days or a
Aside from a search incident to a lawful arrest, a warrantless search had been week before the encounter; but the fact that its agents failed to obtain a
upheld in cases of moving vehicles and the seizure of evidence in plain view, warrant in spite of the time allowance is not a sign that they have been remiss
as well as the search conducted at police or military checkpoints which we in their duty. Because they lacked the necessary information (such as the
declared are not illegal per se, and stressed that the warrantless search is not exact time/place where the search should be made), RASAC could not have
violative of the Constitution for as long as the vehicle is neither searched nor possibly secured a valid warrant even if they had foreseen its compelling
its occupants subjected to a body search, and the inspection of the vehicle is necessity. (People v. CFI of Rizal)
merely limited to a visual search. (Aniag v. Comelec)
The prevalent circumstances of the case undoubtedly bear out the fact that
An extensive search without warrant could only be resorted to if the the search in question was made as regards a moving vehicle — petitioner's
officers conducting the search had reasonable or probable cause to believe vehicle was "flagged down" by the apprehending officers upon identification.
before the search that either the motorist was a law offender or that they Therefore, the police authorities were justified in searching the petitioner's
would find the instrumentality or evidence pertaining to the commission of a automobile without a warrant since the situation demanded immediate action.
crime in the vehicle to be searched. The existence of probable cause justifying (Asuncion v. CA)
the warrantless search is determined by the facts of each case. Absent such
justifying circumstances specifically pointing to the culpability of petitioner the First of all, even though the police authorities already identified the petitioner
search could not be valid. The action then of the policemen unreasonably as an alleged shabu dealer and confirmed the area where he allegedly was
intruded into petitioner's privacy and the security of his property. (Aniag v. plying his illegal trade, they were uncertain as to the time he would show up
Comelec) in the vicinity. Secondly, they were uncertain as to the type of vehicle
petitioner would be in, taking into account reports that petitioner used
3) Search of a moving vehicle different cars in going to and from the area. Finally, there was probable cause
-The important thing is that there was probable cause to conduct the as the same police officers had a previous encounter with the petitioner, who
warrantless search. (Caballes vs. CA) was then able to evade arrest.
- When a person gives his consent to be searched, he waives his right against The purpose of the rule:
warrantless searches and seizures. (People v. Lacerna) (a) the general interest of effective crime prevention and detection
and
The apprehending officers even sought the permission of petitioner to search (b) the pressing interest of safety and self-preservation which permit
the car, to which the latter agreed. As such, since the shabu was discovered the officer to take steps to assure himself that the person is not armed that
by virtue of a valid warrantless search and the petitioner himself freely gave may be used against him. (Malacat v. CA)
his consent to said search, the prohibited drugs found as a result were
admissible in evidence. (Asuncion v. CA) Terry Stop- The prohibition on unreasonable searches and seizures is not
violated when a police officer stops a suspect on the street and searches him
The right against warrantless searches and seizures is a purely personal right, without probable cause to arrest, if the police officer has a reasonable
as such, nobody else should be able to waive the right for the accused. suspicion that the person has committed, is committing, or is about to commit
a crime.
**However in Lopez v. Commissioner of Customs where a woman identified
7) Exigent and Emergency circumstances – urgency and exigency of the But in the erroneous hypothesis that the production and inspection of books
moment dispenses the need for warrants and documents of a company ordered by the Court is tantamount to a search
warrant, the procedure outlined by Rule 21 and followed by a judge place
8) *new* suspicionless drug test them outside the realm of the prohibited unreasonable searches.
Sec. 36 of RA 9165 and its implementing rules and regulations (IRR), as
couched, contain provisions specifically directed towards preventing a situation If a party in a case has interest in the books and documents in question, then
that would unduly embarrass the employees or place them under a it means that they are material and important to the issues of the case, and
humiliating experience. While every officer and employee in a private that justice will be better served if all the facts pertinent to the controversy
establishment is under the law deemed forewarned that he or she may be a are placed before the trial court. (Material Distributors v. Natividad)
possible subject of a drug test, nobody is really singled out in advance for
drug testing. The random drug testing shall be undertaken under conditions Subpoena Duces Tecum
calculated to protect as much as possible the employee's privacy and dignity. The right against unreasonable searches and seizure guards against abuse
The intrusion into the employees' privacy, under RA 9165, is accompanied by only by way of too much indefiniteness or breadth in the things required to be
proper safeguards, particularly against embarrassing leakages of test results, “particularly described;” if the inquiry is one the demanding agency
and is relatively minimal. (Congress/Admin. Body) is authorized by law to make and the materials
specified are relevant, the gist of the protection being the requirement that
**The probable-cause standard is peculiarly related to criminal investigations the disclosure sought shall not be unreasonable.
and may be unsuited to determining the reasonableness of administrative
Privacy of Communication with regard to Telephone Conversations Illegal Possession of Firearms- The Constitutional Immunity from
Unauthorized tape recordings of telephone conversations are not admissible as unreasonable searches and seizures, being a personal one, cannot be waived
evidence. Absent a clear showing that both parties to the telephone by anyone except the person whose rights are invaded or one who is
conversation allowed the recordings of the same, the inadmissibility of the expressly authorized to do so in his or her behalf.
subject tapes is mandatory under RA 4200 (Anti-Wiretapping Law). Tape
recordings can only be made upon lawful order of the Court. Records show that the appellant was not at the house at the time his alleged
helper, allowed the authorities to enter it. We find no evidence that would
C. Prohibition establish the fact that Luz Morados was indeed the appellant’s helper, or if she
Not absolute. The state may infringe such by applying for a previous was the helper, that the appellant had given her authority to open his house in
B. Free Exercise Clause - Exemption may be accorded to the Jehovah's Witnesses with regard to the
Embraces two concepts – freedom to believe and freedom to act. observance of the flag ceremony out of respect for their religious beliefs,
however "bizarre" those beliefs may seem to others. (Ebranilag v. Div.
a. Freedom to believe - compulsion by law of the acceptance of any creed or Superintendent of Schools in Cebu)
the practice of any form of worship
ABSOLUTE FREEDOM- The government cannot inquire into a person's religious The Air Force has drawn the line essentially between religious apparel that is
pretentions. Men may believe what they cannot prove, they may not be put to visible and that which is not. The AFRs reasonably and evenhandedly regulate
prove their religious doctrines or beliefs. dress in the interest of the military’s perceived need for uniformity. (Goldman
v. Weinberger)
- The absoluteness of the freedom to believe carries with it the corollary that
the government, while it may look into the good faith of a person, cannot Amish - Respondents have amply supported their claim that enforcement of
inquire into a person's religious pretensions. (US v. Ballard) the compulsory formal education requirement after the eighth grade would
gravely endanger if not destroy the free exercise of their religious beliefs. Only
b. Freedom to act on such belief- free exercise of the chosen religion the interest of the highest order and those not otherwise served can
NOT ABSOLUTE- The moment belief flows over into action, it becomes subject overbalance legitimate claims to the free exercise of religion. (Wisconsin v.
to government regulation Yoder)
- Act must pass the clear and present danger test or the balancing of interest
test – benevolent neutrality - Respondents assured petitioners that they have never and will never restrict
Involves compulsion or coercion on the part of the state. any person or persons from entering and worshipping at said chapel. They
maintain, however, that the intention was not really to perform an act of
- The free exercise of religious belief is superior to contract rights, in case of religious worship but to conduct an anti-government demonstration at a place
conflict, the latter must yield to the former. Religious freedom, although not close to the very residence and offices of the President. The reasonableness of
unlimited, is a fundamental personal right and liberty, and has a preferred the restriction of entry is is designed to protect the lives of the President and
position in the hierarchy of values. Contractual rights must yield to religious his family, as well as government officials transacting business in Malacanang.
freedom. (Victoriano v. Elizalde Rope Workers Union) (German v. Baranganan)
SECTION 6: THE LIBERTY OF ABODE AND OF CHANGING THE SAME Bail- is the security given for the release of a person in custody of the law,
WITHIN THE LIMITS PRESCRIBED BY LAW SHALL NOT BE IMPAIRED furnished by him or a bondsman, conditioned upon his appearance before any
EXCEPT UPON LAWFUL ORDER OF THE COURT. NEITHER SHALL THE court when so required by the Court or the Rules of Court.
RIGHT TO TRAVEL BE IMPAIRED EXCEPT IN THE INTEREST OF
NATIONAL SECURITY, PUBLIC SAFETY, OR PUBLIC HEALTH, AS MAY - An accused released on bail may be re-arrested without the necessity of a
BE PROVIDED BY LAW warrant if he attempts to depart from the Philippines without prior permission
of the Court where the case is pending. (Silverio v. CA)
A. Liberty granted by the provision
1. Freedom to choose and change one's place of abode -may be Petitioner has posted bail, which the Court has declared legally valid and
impaired upon lawful order of the court and within the limits complete despite her absence at the time of filing. By virtue of which, she
prescribed by law. holds herself amenable at all times to the orders and processes of the court,
thus she may legally be prohibited from leaving the country during the
Liberty of Abode- One can search in vain for any law, order, or regulation, pendency of the case. (Santiago v. Vasquez)
which even hints at the right of the Mayor of the city of Manila or the chief of
police of that city, to force citizens of the Philippine Islands — these women - Petitioner did not have an absolute right to leave the country and the
despite their being in a sense lepers of society are nevertheless not chattels burden was on her to prove that because of danger to health if not to her
but Philippine citizens protected by the same constitutional guaranties as any life there was necessity to seek medical treatment in foreign countries.
other citizens — to change their domicile from Manila to another locality. (Marcos v. Sandiganbayan)
(Villavicencio v. Lukban)
Tollways/ Highways- Prohibition on the use of motorcycles in tollways is not
- The right to change abode and travel within the Philippines, being invoked by an undue deprivation of petitioner’s right to travel. Toll way is not merely an
petitioner, are not absolute rights. It can be regulated by a lawful order such ordinary road and for public safety and interest, certain restrictions must be
as releasing a petitioner on bail. (Yap v. CA) imposed. Petitioner’s right to travel is not taken away since with the use of
other forms of transportation, they may still travel through toll ways or use
2. Freedom to travel both within the country and outside - may be alternate routes if they are to use their motorcycles. (Mirasol v. DPWH)
impaired by administrative authorities, such as passport officers, in
the interest of national security or public health -also impaired by bail SECTION 7: THE RIGHT OF THE PEOPLE ON MATTERS OF PUBLIC
CONCERN SHALL BE RECOGNIZED. ACCESS TO OFFICIAL RECORDS
Right to travel- The right involved in this case at bar is the right to return to AND TO DOCUMENTS AND PAPERS PERTAINING TO OFFICIAL ACTS,
one's country, a distinct right under international law, independent from, TRANSACTIONS OR DECISIONS AS WELL AS TO GOVERNMENT
although related to the right to travel. Thus, the UNDHR and the IC-CPR treat RESEARCH DATA USED AS BASIS FOR POLICY DEVELOPMENT SHAL BE
the right to freedom of movement and abode within the territory of a state, AFFORDED TO CITIZENS SUBJECT TO SUCH LIMITATIONS AS MAY BE
PROVIDED BY LAW
- Zamora, in his official capacity as Executive Secretary, has a constitutional - It would be too presumptuous on the part of the Court to summarily
and statutory duty to answer petitioner’s letter dealing with matters which are compel public respondents to comply with pertinent provisions of law
Diplomatic Negotiations - The Nature of diplomacy requires the Two, Republic Act No. 7160 or the Local Government Code of 1991 requires all
centralization of authority and expedition of decision, which are inherent in national offices to conduct consultations before any project or program critical
executive action. Delegates from other countries tell you their concerns in to the environment and human ecology including those that may call for the
confidence, and while the final text of the JPEPA may not be perpetually eviction of a particular group of people residing in such locality, is
confidential, the offers exchanged by the parties during the negotiations implemented therein. The MOA-AD is one peculiar program that unequivocally
continue to be privileged even after the JPEPA is published. It is reasonable to and unilaterally vests ownership of a vast territory to the Bangsamoro people,
assume that the Japanese delegates expect that “historic confidentiality” which could pervasively and drastically result to the diaspora or displacement
would govern the same. (Akbayan v. Aquino) of a great number of inhabitants from their total environment.
THE PROVINCE OF NORTH COTABATO VS. THE GOVERNMENT OF THE Three, Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997
REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL provides for clear-cut procedure for the recognition and delineation of
DOMAIN (GRP) ancestral domain, which entails, among other things, the observance of the
The people's right to information on matters of public concern under Sec. 7, free and prior informed consent of the Indigenous Cultural
Article III of the Constitution is in splendid symmetry with the state policy of Communities/Indigenous Peoples. Notably, the statute does not grant the
full public disclosure of all its transactions involving public interest under Sec. Executive Department or any government agency the power to delineate and
28, Article II of the Constitution. The right to information guarantees the right recognize an ancestral domain claim by mere agreement or compromise.
of the people to demand information, while Section 28 recognizes the duty of
officialdom to give information even if nobody demands. The complete and The invocation of the doctrine of executive privilege as a defense to the
effective exercise of the right to information necessitates that its general right to information or the specific right to consultation is untenable.
complementary provision on public disclosure derive the same self-executory The various explicit legal provisions fly in the face of executive secrecy. In any
nature, subject only to reasonable safeguards or limitations as may be event, respondents effectively waived such defense after it unconditionally
provided by law. disclosed the official copies of the final draft of the MOA-AD, for judicial
compliance and public scrutiny.
The contents of the MOA-AD is a matter of paramount public concern involving
public interest in the highest order. In declaring that the right to information SECTION 8: THE RIGHT OF THE PEOPLE, INCLUDING THOSE
contemplates steps and negotiations leading to the consummation of the EMPLOYED IN THE PUBLIC AND PRIVATE SECTORS, TO FORM UNIONS,
contract, jurisprudence finds no distinction as to the executory nature or ASSOCIATIONS, OR SOCIETIES FOR THE PURPOSES NOT CONTRARY
commercial character of the agreement. TO LAW SHALL NOT BE ABRIDGED
An essential element of these twin freedoms is to keep a continuing dialogue Government employees have the right to form unions but this does not
or process of communication between the government and the people. include the right to strike.
-But a deed of sale, which provides that the buyer must automatically join an It is noted that the smaller the land, the bigger the payment in money,
association, is binding because his participation in the contract implies his primarily because the small landowner will be needing it more than the big
consent. He could have chosen to not purchase the property. landowners, who can afford a bigger balance in bonds and other things of
- Under the Torrens system of registration, claims and liens of whatever value. (Santos v. Land Bank)
character except those mentioned by law existing against the land binds the
holder of the title and the whole world. PADCOM could have avoided Despite the existence of this legislative grant in favor of local governments, it
membership by not buying the land. (PADCOM vs. Ortigas Center Association) is still the duty of the courts to determine whether the power of eminent
domain is being exercised in accordance with the delegating law. The
requisites to be considered by the courts are:
The Court, in Municipality of Paranaque vs V.M. Realty Corporation, Just compensation is defined as the full and fair equivalent of the
distinguished between an ordinance and a resolution. “A municipal ordinance property taken from its owner by the expropriator. The measure is
is different from a resolution. An ordinance is a law, but a resolution is merely not the taker's gain, but the owner's loss. The word "just" is used to
a declaration of the sentiment or opinion of a lawmaking body on a specific intensify the meaning of the word "compensation" and to convey thereby the
matter. An ordinance possesses a general and permanent character, but a idea that the equivalent to be rendered for the property to be taken shall be
resolution is temporary in nature. Additionally, the two are enacted differently real, substantial, full and ample. The valuation of a property in the tax
— a third reading is necessary for an ordinance, but not for a resolution, declaration cannot be an absolute substitute to just compensation. (NPC v.
unless decided otherwise by a majority of all the Sanggunian members.” Capin)
(Heirs of Alberto Suguitan v. City of Mandaluyong)
b) Power to Undertake Expropriation Case
Finality of Judgment- The judgment giving NHA the right to expropriate the Substitution - The real party in interest in expropriation cases is the Republic
properties mentioned became final and executory. “It is arbitrary and of the Philippines. Expropriation suits are brought in behalf of and for the
capricious for a government agency to initiate expropriation proceedings, seize benefit of the Republic of the Philippines. it follows that the Republic of the
a person’s property, allow the judgment of the court to become final and Philippines is entitled to be substituted in the expropriation proceedings as
executory and then refuse to pay on the ground that there are no party-plaintiff in lieu of ISA, the statutory term of ISA having expired. Put a
appropriations for the property earlier taken and profitably used.“ (NHA v. little differently, the expiration of ISA's statutory term did not by itself require
Heirs of Isidro Guivelondo) or justify the dismissal of the eminent domain proceedings. (Iron and Steel
Authority v. CA)
In the case of Republic v. PLDT, the Court held that although an easement of
a right of way transmits no rights except the easement itself, and respondent -Threshold requisites for lawful taking of private property for public use need
retains full ownership of the property, the acquisition of such easement is, to be examined here: one is the necessity for the taking; another is the legal
nevertheless, not gratis. Considering the nature and the effect of the authority to effect the taking.A reasonable relationship between that power
installation power lines, the limitations on the use of the land for an indefinite and the enforcement and administration of election laws by Comelec must be
period would deprive respondent of normal use of the property. For this shown; it is not casually to be assumed. (Philippine Press Institute v.
reason, the latter is entitled to payment of a just compensation, which must COMELEC)
be neither more nor less than the monetary equivalent of the land.
Regulation of a Privilege is not Taking - In truth, radio and television
While Section 3(a) of R.A. No.6395, as amended, and the implementing rule broadcasting companies, which are given franchises, do not own the airwaves
of R.A. No. 8974 indeed state that only 10% of the market value of the and frequencies through which they transmit broadcast signals and images.
property is due to the owner of the property subject to an easement of right- They are merely given the temporary privilege of using them. Since a
of-way, said rule is not binding on the Court. Well-settled is the rule that the franchise is a mere privilege, the exercise of the privilege may reasonably be
determination of "just compensation" in eminent domain cases is a judicial burdened with the performance by the grantee of some form of public service.
function. Any valuation for just compensation laid down in the statutes may (Telebap v. COMELEC)
serve only as guiding principle or one of the factors in determining just
HOWEVER, a restriction on real property may constitute a "taking" if: In NPC v Gutierrez right of way easement resulting in restriction or
a. No public purpose limitation on property rights also falls within the ambit of “expropriation” as
b. Has an unduly harsh impact upon the owner's use of the there was loud buzzing and exploding sounds caused by the transmission
property lines, it affects the rights of the owner to use or sell such land. (NPC v. San
c. Has same effect as the complete destruction of rights of land Pedro)
owners(Penn Central Transport v. NYC)
- In the determination of [fair market] value, the court is not limited to the
Trade Secrets- Despite their intangible nature, trade secrets have many of assessed value of the property or to the schedule of market values determined
the characteristics of more traditional forms of property. Moreover, this Court by the provincial or city appraisal committee; these values consist but one
has found other kinds of intangible interests to be property for purposes of the factor in the judicial valuation of the property. The nature and character of the
Clause. The court also held that so long as the taking has a conceivable public land at the time of its taking is the principal criterion for determining how
character, the means by which it will be attained is for congress to determine. much just compensation should be given to the landowner. All the facts as to
In deciding whether a particular governmental action (short of the condition of the property and its surroundings, as well as its
acquisition) has effected a taking, this Court focuses on: improvements and capabilities, should be considered.
1) The character of the governmental action
2) The economic impact - If the easement is intended to perpetually or indefinitely deprive the owner
3) Whether the action interferes with reasonable investment-backed of his proprietary rights by imposing conditions that affect the ordinary use,
expectations free enjoyment and disposal of the property or through restrictions and
(Ruckelshaus v. Monsanto) limitations that are inconsistent with the exercise of the attributes of
ownership, or when the introduction of structures or objects which, by their
- An easement of a right of way transmits no rights except the easement nature, create or increase the probability of injury, death upon or destruction
itself; respondent retains full ownership of the property. The acquisition of of life and property found on the land is necessary, then the owner should be
such easement is, nevertheless, not gratis. Considering the nature and the compensated for the monetary equivalent of the land. (NPC v. Tiangco)
effect of the installation power lines, the limitations on the use of the land for
an indefinite period would deprive respondent of normal use of the property. - The taking of private lands under the agrarian reform program partakes
The latter is entitled to just compensation, which must be neither more nor of the nature of an expropriation proceeding.
- The nature of land bank bond fortifies the view that respondent may be The fair market valuation of land to be taken should not be based on the value
compelled to accept those bonds at their face value. Agrarian reform cannot of adjacent lots if the nature of the adjacent lots is different from the land
be fully realized without the intervention of the government particularly in the sought to be expropriated. (NPC v. Henson)
payment of just compensation it is only with the support of the government
that payment of just compensation to landowner may be realized. (Maddumba Administrative guidelines for determination of just compensation are
v. GSIS) not Unconstitutional unless it is conclusive upon the Judiciary,
depriving them of their prerogative - The objection that P.D. 27 is
- Among the factor to be considered in arriving at a fair market value of the unconstitutional as it sets limitations on the judicial prerogative of determining
property are the cost of acquisition, the current value of the properties, its just compensation is bereft of merit. The determination of just compensation
actual or potential uses and tax declarations. Commissioner's report although under P.D. No. 27, like in Section 16 (d) of R.A. 6657 or the CARP Law, is not
only advisory and persuasive and by no means final, therefore, may be used final or conclusive. Unless both the landowner and the tenant-farmer accept
as basis for determination of just compensation. (Berkentotter v. CA) the valuation of the property by the Barrio Committee on Land Production and
the DAR, the parties may bring the dispute to court in order to determine the
- A trial before the Commissioners is indispensable to allow the parties to appropriate amount of compensation, a task unmistakably within the
present evidence on the issue of just compensation therefore, the prerogative of the court. (Sigre v. CA)
appointment of commissioners is mandatory requirement In expropriation
cases for it is a substantial right that may not be done away without any An alleged unjust compensation is not enough to discontinue
reason (Meralco v. Pineda/NPC v. CA) expropriation that has already become final and executor - Petitioner
alleges that the intended public use was rendered nugatory by the
- Just compensation means not only the correct determination of the amount unreasonable just compensation fixed by the court, which is beyond the
to be paid to the owner of the land but also the payment of the land within means of the intended beneficiaries of the socialized housing project. The
reasonable time from its taking. (Land Bank v. CA) public purpose of the socialized housing project is not in any way
- In light of the declared unconstitutionality of P.D. No. 76, P.D. No.1533 and diminished by the amount of just compensation that the court has
P.D. No. 42 insofar as they sanction executive determination of just fixed. Petitioner cannot be permitted to institute condemnation proceedings
compensation in expropriation cases, it is imperative that any right to the against respondents only to abandon it later when it finds the amount of just
immediate possession of the subject property, accruing to respondent compensation unacceptable. (NHA v. Heirs of Isidro Guivelondo)
VISCA, must be firmly grounded on a valid compliance with Section 2
of Rule 67, i.e., there must be a deposit with the National or Provincial
The contract may be altered validly if it involves the public interest, to which A law providing new grounds for the ejectment of tenants cannot be applied
private interests must yield lies a postulate of the existing social order. In retroactively to existing contracts but is deemed to be read into the contracts
Norman vs. Baltimore, the court stressed that every contract involving the when the lease is renewed. (Juarez v CA)
public interest suffers infirmity and may be changed if required by public
interest. (Philippine Veterans Bank Employees v. Philippine Veterans Bank) Conservators of a bank may overrule administrative acts of the management,
but it may not interfere or impair the performance of a validly perfected
-Legislation appropriate to safeguard said interest may modify or abrogate contract. (FPIB v. CA)
contracts already in effect. For not only are existing laws read into contracts in
order to fix the obligations as between the parties but the reservation of Contracts of labor are impressed with public interest and may be subject to
essential attributes of sovereign power is also read into contracts as a state regulation and must yield to the common good. Matters involving the
postulate of the legal order. public interest and welfare cannot be placed by contract beyond the power of
To come under the constitutional prohibition, the law must effect a change in the State to regulate and control. (CMMA v POEA)
the rights of the parties with reference to each other and not with reference to
non-parties. (Abella v. NLRC) Statutes that are curative and remedial in nature, whose purpose is to
safeguard the interest of the public (such as real estate buyers) from
Municipal Resolution- although not strictly an ordinance is a zoning unscrupulous schemers must be given retroactive effect and should affect
regulation which is a police power measure which the municipality has the contracts that are already in existence. The Court cannot allow the injustice
power to pass. (Presley v. Bel-Air Village Assn. also held in Ortigas v. FEATI that will be wrought by a strictly prospective application of the law. If P.D. 957
Bank) were to exclude from its coverage the mortgage contract herein, the purpose
The requirement of notice of the rescission under the Maceda law doesn’t of PD. 957 will be translated into a feeble exercise of police power. (PNB v.
change the time or mode of performance or impose new conditions or Office of the President; Eugenio v. Drilon)
dispense with the stipulations regarding the binding effect of the contract.
Neither does it withdraw the remedy for its enforcement. At most, it merely The non-impairment clause of the Constitution must yield to the loftier
provides for a procedure in aid of the remedy of rescission. Therefore, it purposes targeted by the government. (JMM v. CA citing Eugenio v. Drilon in
doesn’t impair the obligations of a contract. (SISKA Development v. Office of justifying the regulatory measures taken by the POEA involving Overseas
the President) performing artists)
Includes franchises but not licenses or permits since these are special Timber licenses, permits and license agreements are mere
privileges, marriage contracts, public office privileges granted by the State to qualified entities, and do not vest in the
latter a permanent or irrevocable right. They may be validly amended,
A provision of law prohibiting the use of the allotted modernization funds for modified, replaced or rescinded by the Chief Executive when national interests
payment of a contract already entered into by the government is violative of so require.
the Constitutional Prohibition on the passage of laws that impair the obligation They are not deemed contracts within the purview of the due process of
of contracts. (Philconsa v. Enriquez) law clause, merely instruments by which the State regulates the utilization
and disposition of forest resources to the end that public welfare is promoted.
the State, in the exercise of police power, may not be precluded by the (C&M Timber v Alcala)
restriction on non-impairment of contract from altering, modifying and
amending the mining leases or agreements. (Miners Assoc. v. Factoran) Presidential Warranty is not a contract but a mere license or privilege. It has
been consistently held that licenses, especially concerning timber harvest, are
neither property nor property rights and do not create a vested right. All
A license violating provision of law is void – any revocation thereof or A. Custodial Investigation
declaration of nullity does not violate non-impairment clause. (Republic v Questioning initiated by law enforcement officer after one is taken into
Rosemoor) custody or deprived of his freedom of action in any significant way
Rights: (1) to remain silent (2) to counsel and (3) to be informed of rights
Endorsement billboards of an electoral candidate may be regulated/removed
by COMELEC without violating the non-impairment clause as a valid exercise **Right to counsel is intended to preclude the slightest coercion as would lead
of police power because the billboards assumed partisan political character the accused to admit something false. The lawyer should never prevent the
when he filed for candidacy. (Chavez v COMELEC) accused from freely and voluntarily speaking the truth (People v. Layuso)
A mortgage involving inalienable land is void ab initio and cannot be the The rules on custodial investigations do not apply when the confession is
source of rights. The non-impairment clause may not be invoked, because the made to a private individual because that situation would not be one of a
state’s restraint on private individuals from holding ownership or vested rights custodial investigation. (People v. Tawat)
on the said land (Forest) is a valid exercise of police power. (Land Bank of the
The presumption of regularity of official acts does not apply t “in-custody
Using the totality of circumstances test, the alleged irregularities cited by the General Rule: Extra-judicial statements, as a rule, are admissible against their
accused did not result in his misidentification nor was he denied due process. respective declarants pursuant to the rule that the act, declaration or omission
There is nothing wrong in Leino’s identification of the accused in an of a party as to a relevant fact may be given in evidence against him.
unoccupied house in Forbes Park. The records reveal that this mode was
resorted to by the authorities for security reasons. The Leinos refused to have However, the rule that an extra-judicial statement is evidence only against the
the identification at the NBI office as it was cramped with people and with high person making it, recognizes several exceptions:
security risk. Leino’s fear for his safety was not irrational. He and his Interlocking Confessions- When several people are charged with an
companions had been shot in cold blood in one of the exclusive, supposedly offense, and there could have been NO collusion between them regarding their
safe subdivisions in the metropolis. confessions, the fact that statements are in all material respects identical, is
confirmatory of the confession of the co-defendants, and is admissible
There is no hard and fast rule as to the place where suspects are identified by against other people implicated therein. They are also admissible as
witnesses. Identification may be done in open field. It is often done in circumstantial evidence against the persons implicated therein to show the
hospitals while the crime and the criminal are still fresh in the mind of the probability of the latter’s actual participation in the commission of the crime.
victim (People v. Teehankee)
Illegal Confessions/Admissions are inadmissible against the source of the
Other Exceptions: (1) investigation by an administrative body, (2) confession BUT they are admissible against the person violating the
spontaneous statements, (3) audit examination, (4) not in police custody, (5) constitutional prohibition.
marked money, (6) booking sheets, (7) taking of pictures, (8) incidental to a
lawful arrest, (9) body examination, (10) preliminary investigation It is but natural for one who surrenders to the police to give reason or
explanation for his act of surrendering. If he voluntarily admits the killing and
- The constitutional right extends only to testimonial compulsion and not when surrendered precisely because he wanted to admit to the killing, the
the body of the accused is proposed to be examined. constitutional rights to be informed of his right to silence and to counsel may
Ex: paraffin test not be invoked. (People v. Taylaran)
Mahinay Case: has right to communicate with lawyer and family, has right to Right to be informed of his rights
waive any rights provided it is voluntary, knowingly and intelligently The right to be informed must be presumed to contemplate the transmission
of a meaningful information rather than just the ceremonial and perfunctory
The 1987 Constitution covers both confessions and admissions recitation of an abstract constitutional principle. The officer is not only duty
bound to tell the person the right the latter is entitled, but also to explain their
Admission – acts, declarations or omissions of the party as to a relevant fact. effects in practical terms. (People v. Ramos, People v. Caguioa)
Bail – mode short of confinement which would, with reasonable certainty, Extradition Cases-
insure the attendance of the accused at his trial; takes the form of a deposit of On December 10, 1948, the UN General Assembly adopted the Universal
money or its equivalent as a guarantee of attendance. Failure to appear would Declaration of Human Rights in which the right to life, liberty and all the other
forfeit the deposit. fundamental rights of every person were proclaimed. Thus, in Mejoff v.
Director of Prisons, the SC, in granting bail to a prospective deportee,
Purpose held that under the Constitution, the principles set forth in that
1. To honor the presumption of innocence until his guilt is prove beyond Declaration are part of the law of the land.
reasonable doubt
2. To enable him to prepare hi defenses without being subject to punishment If bail can be granted in deportation cases, we see no justification why it
prior to conviction. (Cortes v. Catral) should not also be allowed in extradition cases. Likewise, considering that the
UDHR applies to deportation cases, there is no reason why it cannot
Bail has neither punitive nor revenue raising purpose. (Almeda v. Villaluz) be invoked in extradition cases. After all, both are administrative
proceedings where the innocence or guilt of the person detained is not in
- Available to all persons detained, unless offense is punishable by Reclusion issue.
Perpetua or Death when the evidence against the accused is strong (Bail is a
matter of discretion of the courts, so even persons who are not entitled CAN Obviously, an extradition proceeding, while ostensibly administrative, bears all
be granted bail) earmarks of a criminal process. A potential extradite may be subjected to
arrest, to a prolonged restraint of liberty, and forced to transfer to the
As a necessary consequence of the nature of a bail bond, a person admitted to demanding state following the proceedings. “Temporary detention” may
bail may be prevented by the court from leaving the country. A bail bond is be a necessary step in the process of extradition, but the length of time of the
intended to make a person available anytime he is needed by the court. detention should be reasonable. Records show that Munoz had been
(Manotoc, Jr. v. CA) detained forover two (2) years without having been convicted of
anycrime.
A. Rights of the Accused Due process of law demands that in all criminal prosecutions (where the
Due Process accused stands to lose either his life or his liberty), the accused shall be
A judge may replace another judge in rendering decision even if he only entitled to, among others, a trial. The trial contemplated by the due process
partially heard the testimony of the witnesses clause of the Constitution, in relation to the Charter as a whole, is a trial by
The replacement judge may base his judgment completely on cold record Judicial Process, not by executive or military process. Military Commissions or
before him, in the same manner appellate courts do. (People v. Narajos) Tribunals, by whatever name they are called, are not courts within the
Since administrative agencies are not bound to follow the rules of criminal Philippine judicial system. (Olaguer v. Military)
procedure, they may not impose criminal penalties. (Scoty’s Department
Store v. Micaller) Presumption of Innocence
“due process” = that procedure established by law to fully protect life, - Without conviction, a person is entitled to reinstatement.
liberty, and property of the citizens of the State. (Nuňez v.
Sandiganbayan) -BP 52: “The filing of charges for the commission of such crimes before a civil
court of military tribunal after preliminary investigation shall be prima facie
Pre-arraignment duties of Judge evidence of such fact (disqualification)” is invalid because the prima facie
1. Inform right to counsel before arraignment evidence makes the accused suffer as if already guilty even before trial.
2. Ask if he desires aid of counsel (Dumlao v. Comelec)
3. Grant reasonable time to do so
4. If none, court assigns a de officio Preventive suspension is not a penalty therefore no violation of right to be
presumed innocent
Military Tribunal
- SC, generally, has no supervisory authority over military courts. (Kuroda v. - There are some cases in which prima facie evidence establishes a rational
Jalandoni) connection to guilt.
i.e. In Malversation, inability to produce the money entrusted to public official,
-But by virtue of The National Security Code (PD 1498), the SC does not although prima facie evidence of guilt, may still be disproved by contradictory
review decisions of military commissions but of the Court of Military Appeals in evidence (shifts the burden of proof to the accused)
cases appealed to the later by military commissions. (Buscayno & Sison v.
Military Commissions) The State, having the right to declare which acts are criminal, within certain
well-defined limitations, has the right to specify what act(s) shall constitute a
- Military Tribunals cannot try civilians, even if civil courts are closed during crime, as well as what proof shall constitute prima facie evidence of guilt, and
Martial Law. Civilians are entitled to Judicial process. Military Tribunals belong then to put upon the defendant the burden of showing that such act(s) are
to the Executive department. (Olaguer v. Military Commission) innocent and are not committed with any criminal intent or intention. (US v.
Luling)
- Once jurisdiction is acquired, a person who is dropped from the military can
still be tried by military tribunals. Jurisdiction, once acquired, is not lost upon The provision of the Election Code that the filing of charges for the
the instance of the parties but continue until termination of the case. (Abadilla commission of crimes before a civil or military court shall be prima facie
v. Ramos) evidence of the commission of an act of disloyalty to the state is void, as it
The right of an accused to speedy trial should not be utilized to deprive the Right to Cross-Examine; meet witness face-to-face
State of a reasonable opportunity of fairly indicting criminals. (People v. Purpose of right to confrontation:
Gines) 1. Afford the accused an opportunity to test the testimony of the witness by
cross-examination
Relief in Postponements without good cause-Where a prosecuting officer, 2. for the judge to observe the deportation of the witness.
without good cause, secures postponements of the trial of a defendant against
his protest beyond a reasonable period of time, the accused is entitled to relief Exception to right of confrontation: (1) dying declaration (2) trial in absentia
by a proceeding in Mandamus to compel a dismissal of the information, or if NOTE: Right to Confrontation is not available in preliminary investigation.
he be restrained of his liberty, by habeas corpus to obtain his freedom. Accused is not entitled as a matter of right to be present during the
(Conde v. Rivera) preliminary examination nor to cross-examine the witnesses presented
against him before his arrest
This right is available during trial which only begins upon arraignment
Right to Impartial Trial there is no right to confrontation against informants who aided in the
Trial by Publicity- To have prejudice to due process, there must be allegation arrest or informants who are not witnesses
and proof that judges have been duly influenced by the publicity.
Section 7 of the Special Rules of Procedure prescribed for Sharia’s courts
To warrant a finding of prejudicial publicity, there must be allegation and provide that if the plaintiff has no evidence to prove his claim, the defendant
proof that the judges have been unduly influenced, not simply that they might shall take an oath and judgment shall be rendered in his favor by the Court.
be, by the barrage of publicity. Petitioners cannot rely on the subliminal Should defendant refuse to take an oath, plaintiff can affirm his claim under
effects of publicity. (Webb v. de Leon; People v. Teehankee) oath, in which case judgment shall be rendered in his favor. Said provision
effectively deprives a litigant of his right to due process. It denies ap arty his
Outside of pecuniary interest, relationship, or previous participation in the right to confront the witness against him and to cross-examine them. It
matter that calls for adjudication, there may be other causes that could should have no place even in the Special Rules of Procedure in the Shari’ah
conceivably erode the trait of objectivity, thus calling for inhibition. If any such courts of the country. (Tampar v. Usman)
should make its appearance and prove difficult to resist, the better course for
a judge is to disqualify himself. (Mateo Jr. v. Villaluz) Compulsory Process
Compulsory process is not only to “secure the attendance of witnesses in
It is oft-times expedient or necessary in the due and faithful administration of his behalf” but also to “secure the production of evidence in his behalf.”
justice for the presiding judge to re-examine a witness in order that his
judgment when rendered may rest upon a full and clear understanding of the Waiver of Rights
facts. (People v. Manalo: when a judge intervened in the cross-examination) Presumption is always against the waiver
Prosecution must prove with strongly convincing evidence that the
Right to a Public Trial accused willingly and voluntarily submitted his confession and knowingly
Trial is public when attendance is open to all irrespective of relationship to and deliberately manifested that he was not interested in having a lawyer
defendant. assist him during the taking of that confession. (People v. Jara)
However, when the evidence presented may be characterized as offensive to
decency or public morals, the proceeding may be limited to friends, relatives SECTION 15: THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS SHALL
Writ of Habeas Corpus – writ directed to the person detaining another The concept of “speedy disposition of cases” is flexible and is consistent with
commanding him to produce the body of the prisoner at a designated reasonable delay. (Caballero v. Alfonso, Jr.)
time and place, with the day and cause of his caption and detention, to
do, submit to, and receive whatever the court or judge awarding the writ The right to a speedy trial as well as other rights conferred by the Constitution
shall consider in that behalf or statute, except when otherwise expressly so provided by law, may be
- There must be a deprivation of personal liberty to begin with. waived. It must therefore be asserted. Thus, if there was a delay in the trial
Privilege of the writ of habeas corpus – right to have an immediate of the case, petitioners are not entirely without blame.
determination of the legality of the deprivation of physical liberty.
The writ is never suspended, it is the privilege f the writ that may be Furthermore, the right of an accused to a speedy trial is guaranteed to him by
suspended. the Constitution but the same shall not be utilized to deprive the State of a
reasonable opportunity of fairly indicting criminals. A party's individual rights
Requisites for Suspension of Privilege: should not work against and preclude the people's equally important right to
1. Existence of Actual invasion or Rebellion public justice. (Guiani v. Sandiganbayan)
2. Public Safety requires the suspension
(does not come with suspension of Bail)
- The President has the power to suspend the privilege, subject to the limits SECTION 17: NO PERSON SHALL BE COMPELLED TO BE A WITNESS
in Article VII, sec. 18 AGAINST HIMSELF
Purpose: To prevent perjury and confession under duress.
A respondent in a petition for habeas corpus have the burden to prove that
they had indeed released the detainees if their invoking it as their defense. If A. Guarantee against Self-Incrimination
the respondents have not satisfied the burden, the case must be referred to When is a question incriminating?
the CHR. (Dizon v. Eduardo) o A crime may contain two or more elements, a question would be
incriminating if it tends to establish even one of the elements
SECTION 16: ALL PERSONS SHALL HAVE THE RIGHT TO A SPEEDY o Testifying to a fact which would be a necessary link in a chain of
DISPOSITION OF THEIR CASES BEFORE ALL JUDICIAL, QUASI- evidence to prove the commission of the crime
JUDICIAL OR ADMINISTRATIVE BODIES
Right applies only to testimonial compulsion, not object evidence (Villaflor
NOTE: Speedy trial in Section 14 covers only the trial phase of criminal v. Summers)
cases whereas Section 16 covers all phases of any judicial, quasi-
judicial or administrative proceeding. One may not be compelled to produce a sample of his writing as evidence
Remedy if there has been unreasonable delay in the resolution of a case: since it is something more than a moving body but also requires
Dismissal through mandamus (Roque v. Ombudsman) application of intelligence and attention (Beltran v. Samson)
In the application of the constitutional guaranty of the right to speedy Documentary Evidence:
disposition of cases, particular regard must be taken of the facts and - Compulsory production of private books and documents of the owner is
circumstances peculiar to each case. Well-settled is the rule that the right to a compelling him to be a witness against himself.
speedy disposition of cases, like the right to a speedy trial, is deemed violated
only when the proceeding is attended by vexatious, capricious, and oppressive - The privilege which exists as to private papers, cannot be maintained in
delay. In the determination of whether or not that right has been violated, relation to records required by law to be kept in order that there may be
the factors that may be considered and balanced are: the length of delay, the suitable information of transactions which are the appropriate subjects of
Stage when right against self incrimination may be asserted: from the Compelling the accused in an Anti-graft proceeding to take the stand for the
moment he is asked to testify. prosecution against him against his will is a violation of his right against self-
State Witness/ Accused Ordinary Witness incrimination. (Cabal v. Kapunan, Jr.)
Criminal Case He may refuse to take the
The right against self incrimination extends even to administrative proceedings
witness stand during the trial or
which possess a criminal or penal aspect. (Pascual Jr. v. Board of Medical
custodial investigation.
He may not refuse to Examiners)
If on trial, one may refuse to
take the witness
answer
stand. Right against self-incrimination can only be invoked in penal/criminal
Civil Case He may not refuse to take the
proceedings. It cannot be invoked in a Legislative Inquiry. (Standard
witness stand.
He may refuse to Chartered v. Senate)
He may refuse to answer
answer an
incriminating question.
incriminating
Administrative He may refuse to take the
question SECTION 18:
Case witness stand if it is criminal in
(1) NO PERSON SHALL BE DETAINED SOLELY BY REASON OF HIS
nature like forfeiture or
POLITICAL BELIEFS AND ASPIRATIONS
deportation
(2) NO INVOLUNTARY SERVITUDE IN ANY FORM SHALL EXIST EXCEPT
AS A PUNISHMENT FOR A CRIME THE PARTY SHALL HAVE BEEN DULY
A penal law that provides for a higher penalty against the accused who refuses
CONVICTED
to testify or make statements that would be tantamount to an admission of
guilt violates the right against self-incrimination. The accused has a right to
Involuntary Servitude – every condition of enforced or compulsory service
rely on the presumption of innocence until prosecution proves the elements of
of one to another no matter under what form such servitude may be
the crime charged against him. Silence cannot be taken as proof against him.
disguised.
(US v. Navarro)
Exceptions: (1) if such is punishment where the party is convicted, (2) in
What is prohibited by the constitutional guarantee is the use of physical or
the interest of national defense, citizens may be compelled to render
moral compulsion to extort communication from the witness, not an inclusion
personal military or civil service, (3) a return to work order, (4)
of his body in evide when it is material. Thus, substance emitting from the
merchants and marines compelled to remain until the end of voyage, (5)
body of the defendant can be received as evidence. (US v. Tan Teng; US. vs.
a posse comitatus – a male at a certain age may be validly pressed into
Ong; Villaflor v. Summers; US v. Ong SiuHong)
service for the apprehension of criminals through legitimate exercise of
police power, (6) parental authority
A drug test, urine test, pregnancy test, blood test, disease test does not fall
under the prohibition against self incrimination.
SECTION 19: (1) EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR
Writing is not a purely mechanical act, because it requires the application of
CRUEL, DEGRADING OR INHUMAN PUNISHMENT INFLICTED. NEITHER
intelligence and attention, therefore, it constitutes an evidence against the
SHALL DEATH PENALTY BE IMPOSED, UNLESS, FOR COMPELLING
accused. Evidence that requires a positive intelligent act from the accused falls
REASONS INVOLVING HEINOUS CRIMES, THE CONGRESS PROVIDES
under the right against self incrimination. (Beltran v. Samson; Bermudez v.
FOR IT. ANY DEATH PENALTY ALREADY IMPOSED SHALL BE REDUCED
The congress has the power to restore the death penalty which merely FIRST JEOPARDY ATTACHED 1. Good Indictment
requires that: 2. Before a competent Court
(1) the congress define or describe what is meant by heinous crimes; 3. After arraignment
(2) that congress specify and penalize by death only crimes that 4. After a valid plea
qualify as heinous in accordance with the definition or description set
in the death penalty bill Defective complaint
(3) the congress should be singularly motivated by compelling reason did not pace the accused in first
involving heinous crimes. (People v. Echegaray) jeopardy
FIRST JEOPARDY TERMINATED 1. By Acquittal
The punishment of death by itself is neither cruel nor unusual. It is only cruel 2. Final Conviction
when it involves lingering death. (People v. Echegaray)
2. Identical 3) The 2nd Jeopardy must be for the same offense as that in the first
3. In the attempted or
frustrated form of another Appeals:
4. Necessarily includes Judgment of Acquittal – immediately final. (decided on merits)
5. Necessarily included Judgment of Conviction – final when the period for appeal has lapsed or
sentence is served or right to appeal is waived or applied for probation
A. Attachment of Jeopardy
The rule against double jeopardy protects the accused not against the peril of Waiver or Estoppel
second punishment, but against being again tried for the same offense. -If an accused files to dismiss the case for lack of jurisdiction, it is made via
(People v. Ylagan) his own waiver, therefore 1st jeopardy does NOT attach.
- If there is consent to a provisional dismissal by the accused, jeopardy does
Requisites for Valid Defense of Double Jeopardy: not attach.
1) First Jeopardy must have attached prior to the 2nd
- Evidence of self-defense amounts to withdrawal of his original plea. No jeopardy in: ordinary appeal, fact-finding, certiorari, impeachment,
- A defective complaint does NOT attach jeopardy upon a grant of a legislation in aid of legislation
motion to quash.
- If the Court has NO jurisdiction, jeopardy shall not attach. C. Rule on Supervening Facts
2) First Jeopardy must have TERMINATED Supervening Event– When the 2nd offense was not in existence at the time of
the first prosecution, for the simple reason that in such a case there is no
B. Termination of Jeopardy possibility for the accused to be convicted for an offense that was then
Double Jeopardy cannot be invoked as a defense when the other case used as inexistent.
the basis of the first Jeopardy has not been terminated. (Bulaong v. People)
Supervening Fact–Where after the first prosecution, a new fact supervenes for
Termination shall bar: which the defendant is responsible, which changes the character of the
a. Another prosecution for the offense charged. offense, and, together with the facts existing at the time, constitutes a new
b. Any attempt to commit the same, and distinct offense, there is no double jeopardy. To determine double
c. Or frustration thereof, jeopardy, it is essential to prove the existence of both offenses during the
d. Or for any offense which necessarily includes or is pendency of the first prosecution. The second charge was inexistent in this
necessarily included in the complaint/information. case at that time because the victim was still alive. There was a supervening
However, an appeal by the prosecution from the Order of Dismissal by the fact in this case calling for the amendment of the information. (People v. Melo)
trial court shall not constitute Double Jeopardy if:
But if reason for the amendment of the charge was already existing during the
F. Applied to impeachment cases: A bill of attainder is a legislative act which inflicts punishment without judicial
Estrada cannot claim that the impeachment proceeding was “terminated on its trial. Its essence is the substitution of a legislative for a judicial determination
merits” and that there was a “failure to prosecute” him. By resigning, he of guilt.
consented to the termination of the impeachment case against him. (Estrada v
Desierto) The EO is not a Bill of Attainder because it makes it perfectly clear that any
judgment of guilt in the amassing acquisition of 'ill-gotten wealth' is to be
handed down by a judicial tribunal, in this case the Sandiganbayan. (Virata v.
Sandiganbayan)
SECTION 22: NO EX POST FACTO LAW OR BILL OF ATTAINDER SHALL The retroactive application of RA 8249, which expands the jurisdiction of the
BE ENACTED Sandiganbayan, cannot be considered as an ex post facto law. It is not a penal
law but a substantive law on jurisdiction. Only the retroactive application of a
Ex Post Facto Law – penal law can be considered as an ex post facto law. (Lacson v. Executive
(a) one which makes an action done before the passing of the law and Secretary)
which was innocent when done criminal and punishes such action,
(b) which aggravates a crime or makes it greater than when it was
committed, ARTICLE IV: CITIZENSHIP
In repatriation, which is the relevant mode in this case, the recovery and Citizenship is an indispensible requirement for holding elective office. (Labo Jr
restoration of the original nationality occurs. A natural born citizen who loses v Comelec, 1996)
his citizenship, then applies for repatriation is deemed to be a natural born
citizen. This is in spite of the provision of Section 2. (Bengson v HRET) A Filipino who claims that he was naturalized as an American citizen in order
to protect himself from the Marcos regime is disqualified from running for
office. Many Filipinos are similarly situated in the States but did not find it
SECTION 3: PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED necessary to abandon Filipino citizenship. He may validly reacquire his
IN THE MANNER PROVIDED BY LAW citizenship through repatriation to qualify himself for office. (Frivaldo v.
Comelec, 1989)
Naturalization laws allow cancellation of certificate if it is found to
have obtained “fraudulently or illegally” or that he violated conditions For elective officials, citizenship is required at the time he is proclaimed to
posed on him. This must be proven in a clear, unequivocal and convincing office and at the start of his term. Repatriation retroactively applies to the
evidence date of application. (Frivaldo v Comelec, 1996)
How may citizenship be reacquired: Naturalization, Direct act of
Congress and Repatriation SECTION 4: CITIZENS OF THE PHILIPPINES WHO MARRY ALIENS
Loss of Citizenship SHALL RETAIN THEIR CITIZENSHIP, UNLESS BY THEIR ACT OR
o Naturalization OMISION THEY ARE DEEMED, UNDER THE LAW, TO HAVE RENOUNCED
o Express renunciation IT
o Subscribing oath of allegiance to a foreign country
o Serving in the armed forces of an enemy country SECTION 5: DUAL ALLEGIANCE OF CITIZENS IS INIMICAL TO THE
o Being a deserter of the AFP NATIONAL INTEREST AND SHALL BE DEALT WITH BY LAW
Repatriation – recovery of original citizenship.
o Desertion of the armed forces Law has allowed dual citizenship
Dual citizenship is not dual allegiance
o Service in the armed forced of the allied forces during the
Derivative Naturalization= citizenship derived from that of another as
World War II
from a person who holds citizenship by virtue of naturalization
o Service in the armed forces of the US at any other time
o Marriage of a Filipino woman to an alien
A Natural born Filipino who acquires alien citizenship by naturalization, then
o Political and economic necessity subsequently applies for repatriation in order to retain/reacquire his Filipino
ARTICLE V: SUFFRAGE Acquisition of a new domicile requires animus non revertendi and animus
manendi:
SECTION 1: SUFFRAGE MAY BE EXERCISED BY ALL CITIZENS OF THE 1. Residence, bodily presence in new locality
PHILIPPINES NOT OTHERWISE DISQUALIFIED BY LAW, WHO ARE AT 2. Intention to remain in the new locality
LEAST EIGTHEEN YEARS OF AGE, AND WHO SHALL HAVE RESIDED IN 3. Intention to abandon the old domicile
THE PHILIPPINES FOR AT LEAST ONE YEAR AND IN THE PLACE
WHEREIN THEY PROPOSETO VOTE FOR AT LEAST SIX MONTHS SECTION 2: THE CONGRESS SHALL PROVIDE A SYSTEM FOR SECURING
IMMEDIATELY PRECEDING THE ELECTION. NO LITERACY, PROPERTY, THE SECRECY AND SANCTITY OF THE BALLOT AS WELL AS A SYSTEM
OR OTHER SUBSTANTIVE REQUIREMENT SHALL BE IMPOSED ON THE FOR ABSENTEE VOTING BY QUALIFIED FILIPINOS ABROAD.THE
EXERCISE OF SUFFRAGE CONGRESS SHALL ALSO DESIGN A PROCEDURE FOR THE DISABLED
AND THE ILLITERATES TO VOTE WITHOUT THE ASSISTANCE OF OTHER
Suffrage – right to vote in election PERSONS. UNTIL THEN, THEY SHALL BE ALLOWED TO VOTE UNDER
To acquire new domicile: (1) residence or bodily presence in the new EXISTING LAWS AND SUCH RULES AS THE COMMISSION ON
locality, (2) an intention to remain there, (3) intention to abandon the old ELECTIONS MAY PROMULGATE TO PROTECT THE SECRECY OF THE
domicile BALLOT.
Not qualify to vote: those sentence by final judgment to suffer
imprisonment of not less than one year but shall automatically reacquire Absentee voting allowed under RA 9189
the right upon expiration of five years after service of sentence, any
person adjudged by final conviction of violating his allegiance, insane or Under RA 9189, a Filipino immigrant who has been absent for 3 years is
feeble-minded persons. presumed to have abandoned his residence. However, he may execute an
affidavit of his intention to return. This serves as implicit proof that he has not
To be sure, the right of suffrage is not at all absolute. Needless to say, the abandoned his domicile, and is therefore does not violate the residency
exercise of the right of suffrage, as in the enjoyment of all other rights, is requirement of Section 1. (Macalintal v. Comelec)
subject to existing substantive and procedural requirements embodied in our
Is the determination of Just Compensation provided for by law valid? Section 5. The State shall recognize the right of farmers, farmworkers, and
YES Section 16(d), which provides that in case of the rejection or disregard by landowners, as well as cooperatives, and other independent farmers'
the owner of the offer of the government to buy his land- organizations to participate in the planning, organization, and management of
“... the DAR shall conduct summary administrative proceedings to determine the program, and shall provide support to agriculture through appropriate
the compensation for the land…” technology and research, and adequate financial, production, marketing, and
other support services.
Although the proceedings are described as summary, the landowner and other Section 6. The State shall apply the principles of agrarian reform or
interested parties are nevertheless allowed an opportunity to submit evidence stewardship, whenever applicable in accordance with law, in the disposition or
on the real value of the property. But more importantly, the determination of utilization of other natural resources, including lands of the public domain
the just compensation by the DAR is not by any means final and conclusive, under lease or concession suitable to agriculture, subject to prior rights,
the Courts of Justice still have a right to review the determination with finality. homestead rights of small settlers, and the rights of indigenous communities
to their ancestral lands. The State may resettle landless farmers and
Revolutionary Expropriation- The traditional medium for the payment of farmworkers in its own agricultural estates which shall be distributed to them
just compensation is money and no other. However, we do not deal here with in the manner provided by law.
the traditional excercise of the power of eminent domain. This is a Section 7. The State shall protect the rights of subsistence fishermen,
revolutionary kind of expropriation which affects all private agricultural especially of local communities, to the preferential use of the communal
lands whenever found and of whatever kind as long as they are in excess of marine and fishing resources, both inland and offshore. It shall provide
the maximum retention limits allowed their owners. This kind of expropriation support to such fishermen through appropriate technology and research,
is intended for the benefit not only of a particular community or of a small adequate financial, production, and marketing assistance, and other services.
segment of the population but of the entire Filipino nation. The State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence fishermen
The proportion of cash payment to the other things of value constituting the against foreign intrusion. Fishworkers shall receive a just share from their
total payment, as determined on the basis of the areas of the lands labor in the utilization of marine and fishing resources.
expropriated, is not unduly oppressive upon the landowner. It is noted that Section 8. The State shall provide incentives to landowners to invest the
the smaller the land, the bigger the payment in money, primarily because the proceeds of the agrarian reform program to promote industrialization,
small landowner will be needing it more than the big landowners, who can employment creation, and privatization of public sector enterprises. Financial
afford a bigger balance in bonds and other things of value. instruments used as payment for their lands shall be honored as equity in
(Association of Small Landowners v. Secretary of Agrarian Reform) enterprises of their choice.
There should be mutual beneficial relationship between
This provision aims at efficient production, and more equitable industrialization and agrarian reform. Agrarian reform must unlock the
distribution of land, recognizing the right of those who are landless to own idle wealth hidden in the land and industrialization would provide for
the land they till and a just share of the fruits of the land. improvement
Redistribution of land is to be achieved through voluntary sale or
expropriation and resale. URBAN LAND REFORM AND HOUSING
Livestock or poultry raising is not similar to crop or tree farming. Land is not Section 9. The State shall, by law, and for the common good, undertake, in
the primary resource in this undertaking. The use of land is incidental to, but cooperation with the private sector, a continuing program of urban land
not the principal factor or consideration in productivity in this industry. The reform and housing which will make available at affordable cost, decent
transcripts of the deliberations of the constitutional commission of 1986 on the housing and basic services to under-privileged and homeless citizens in urban
meaning of the word “agricultural” clearly show that it was never the intention centers and resettlement areas. It shall also promote adequate employment
of the framers of the constitution to include livestock and poultry industry in opportunities to such citizens. In the implementation of such program the
State shall respect the rights of small property owners.