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Law 2 MIDTERMS REVIEWER | Atty. Maita Chan-Gonzaga | SY 1314

Section 1.
No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal
protection of the laws.

Three Great Powers of the Government
1. Police Power
The most essential, insistent and least limitable of
the powers, extending to all the great public
Inherent and plenary power of the State which
enables it to prohibit all that is hurtful to the
comfort, safety, and welfare of society
The power vested in the Legislature by the
Constitution to make, ordain, and establish all
manner of wholesome and reasonable laws,
statues, ordinances, either with penalties or
without, not repugnant to the Constitution, as
they shall judge to be for the good and welfare of
the commonwealth, and of the subjects of the
2. Power of Eminent Domain
3. Power of Taxation

Due Process
1. Procedural
Relates to the mode of procedure which
government agencies must follow in the
enforcement and application of laws
Guarantee of procedural fairness
2. Substantive
Prohibition of arbitrary laws
Guarantee against the exercise of arbitrary power

Procedural Due Process in Judicial Proceedings

1. Court/Tribunal clothed with judicial power to hear and
determine the matter before it
2. Jurisdiction must be lawfully acquired over the person of
the defendant or over the property which is the subjects
of the proceeding
3. Defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing

Procedural Due Process in Administrative Proceedings
1. Right to a hearing, which includes the right to present
ones case and submit evidence in support thereof
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. Evidence must be substantial, meaning such reasonable
evidence as a reasonable mind might accept as adequate
support to a conclusion
5. The decision must be base on the evidence presented at
the hearing, or at least contained in the record and
disclosed to the parties affected
6. The tribunal/body or any of it judges must act on its
own independent consideration of the law and facts of
the controversy, and not simply accept the views of a
7. The Board or body should, in all controversial questions,
render its decision in such a manner that the parties to a
proceeding can know various issues involved, and the
reason for the decision rendered

In Fabella v CA
1. Right to actual or constructive notice of the institution of
proceedings which may affect a respondents legal rights
2. A real opportunity to be head personally or with the
assistance of counsel, to present witnesses and evidence
in ones favor, and to defend ones rights


Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan Gonzaga | SY 1314

3. A tribunal vested with competent jurisdiction and so
constituted as to afford a person charged
administratively a reasonable guarantee of honesty as
well as impartiality
4. A finding by said tribunal which is supported by
substantial evidence submitted for consideration during
the hearing or contained in the records or made known
to the parties

Safeguards in Disciplinary Procedure Magna Carta for
Every teacher shall enjoy equitable safeguards at each stage of
any disciplinary procedure and shall have
1. The right to be informed, in writing, of the charges
2. The right to full access to the evidence in the case
3. The right to defend himself and to be defended by a
representative of his choice an/or by his organization,
adequate time being given to the teacher for the
preparation of his defense
4. The right ot appeal to clearly designated school
authorities. No publicity shall be given to any disciplinary
action being taken against a teacher during the pendency
of his case

Procedural Due Process in School
1. The student must be informed in writing of the nature
and cause of any accusation against them
2. They shall have the right to answer the charges against
them, with the assistance of counsel, if desired
3. They shall be informed of the evidence against them
4. They shall have the right to adduce evidence in their own
5. The evidence must be duly considered by the
investigating committee or official designated by the
school authorities to hear and decide the case


Purpose of Procedural Due Process

1. Contributes to the accuracy and thus minimizes errors in
2. To the person who is the subject of deprivation, it gives
him a sense of rational participation in a decision that
can affect his destiny and thus enhances his dignity as a
thinking person.

Void-for-vagueness doctrine
A statute which either forbids or requires the doing of an
act in terms so vague that men of common intelligence
must necessarily guess at its meaning and differ as to its
Repugnant to the Constitution because:
a. It violated due process for failure to accord
persons, especially the parties targeted by it, fair
notice of the conduct to avoid
b. It leaves law enforcers unbridled discretion in
carrying out its provisions and becomes and
arbitrary flexing of the Government muscle

Overbreadth Doctrine
A governmental purpose may not be achieved by means
which sweep unnecessarily broadly and thereby invade
the area of protected freedoms
Sweeping exercise of a lawmaking power

Valid Exercise of Police Power/Substantive Due Process
1. The state interferes in the interests of the public
generally and not just a particular class
2. The means are reasonably necessary for the
accomplishment of the purpose and not unduly
oppressive upon individuals

Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan-Gonzaga | SY 1314

Test for Validity of an Ordinance

1. It must not contravene the Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but merely regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable

Equal Protection Definition
A specific constitutional guarantee of the equality of the
person. The equality it guarantees is legal equality
the equality of all persons before the law. Each individual
is dealt with as an equal person in the law, which does
not treat the person differently because of who he is or
what he is or what he possesses.

Reasonable Classification Test
1. The classification must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class

Third Party Standing
1. The litigant must have suffered an injury-in-fact, thus
giving him or her a sufficient concrete interest in the
outcome of the issue in dispute
2. The litigant must have a close relation to the third party
3. There must exist some hindrance to the third partys
ability to protect his or her own interests

Doctrine of Informed Consent
Right of an individual to the possession and control of his
own person, free from all restraints or interference of
others, unless by clear and unquestionable authority of

Concept of Relative Constitutionality

A statute valid at one time may become void at another
time because of altered circumstances. Thus, if a statute
in its practical operation becomes arbitrary or
confiscatory, its validity, even though affirmed by a
former adjudication, is open to inquiry and investigation
in the light of changed conditions
Exercise of the Power of Judicial Review
1. There is an actual case or controversy involving a conflict
of rights susceptible to judicial determination
2. The Constitutional question is raised by a proper party at
the earliest opportunity
3. The Constitutional question is the very lis mota of the

3 Levels of Scrutiny to Review the Constitutionality of a
1. Deferential or Rational Basis Scrutiny
The challenged classification needs only to be shown
as rationally related to serving a legitimate State
2. Middle-Tier or Intermediate Scrutiny
The government must show that the challenged
classification serves an important State interest
The classification is at least substantially related to
serving that interest
3. Strict Judicial Scrutiny
A legislative classification which impermissibly
interferes with the exercise of a fundamental right or
operates to the peculiar disadvantage of a suspect
class is presumed unconstitutional
The burden is upon the government to prove that the
classification is necessary to achieve a compelling
state interest and that it is the least restrictive means
to protect such interest


Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan Gonzaga | SY 1314

Section 2.
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.

Essential Requisites of a Valid Warrant
1. It must be issues upon probable cause
2. Probable cause must be determined personally by a
3. Such judge must examine under oath or affirmation the
complainant and the witnesses he may produce
4. The warrant must particularly describe the place to be
searched and the person or things to be seized.

Probable Cause
Such facts and circumstances antecedent to the issuance
of a warrant, that are in themselves sufficient to induce a
cautious man to rely upon them and act in pursuance

Probable Cause for an Arrest
Such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an
offense has been committed by the person sought to be

Probably Cause for a Search
Such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an


offense has been committed and the objects sought in

connection with the offense are in the place sought to be

Test of Sufficiency of the Validity of an Oath
Whether it had been drawn in such a manner that
perjury could be charged thereon and the affiance be
held liable for the damages caused

Waiver of a Constitutional Right
1. The right exists
2. The person involved has knowledge, either actual or
constructive, of the existence of such right
3. The said person had an actual intention to relinquish the

Search Warrant
An order in writing issued in the name of the People of
the Philippines directed to a peace office, commanding
him to search for property and bring it before the court

Purpose of Personal Knowledge of the Affiant
To convince the magistrate that there is probable cause

John Doe Warrant
A warrant for the apprehension of a person whose true
name is unknown
Such warrant must contain the best descriptio personae
possible to be obtained of the person/persons to be
apprehended, and this description must be sufficient to
clearly indicate the proper person/persons whom the
warrant is to be served
Should state his personal appearance and peculiarities,
give his occupation and place of residence, and other
circumstances by means of which he can be identified

Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan-Gonzaga | SY 1314

As specific as the circumstances will ordinarily allow

Purpose of the Particularity of Description
1. To readily identify the properties to be seized to prevent
the authorities from seizing the wrong items
2. To prevent unreasonable searches and seizures, and
eliminate the unbridled discretion of peace officers

Exception to Bank Confidentiality
R.A. 1405 (Law on Secrecy of Bank Deposits)
1. Where the depositor consents in writing
2. Impeachment case
3. By court order on bribery or dereliction of duty cases
against public officials
4. Deposit is subject of litigation
5. Section 8 of RA 3019, in cases of unexplained wealth as
held in the case of PNB v Gancayo

In Union Bank of the Philippines v CA
1. There is reasonable ground to believe that a bank fraud
or serious irregularity has been or is being committed
and it is necessary to look into the deposit to establish
such fraud or irregularity
2. Examination made by an independent auditor hired by
the bank to conduct its regular audit provided that the
examination is for audit purposes only and the results
thereof shall be for the exclusive use of the bank
3. Upon written permission of the depositor
4. Impeachment case
5. Upon order of a competent court in cases of bribery or
dereliction of duty of public officials
6. In cases where the money deposited or invested is the
subject matter of litigation

Reasons for Allowing Warrantless Drug Tests in Public

1. Schools and their administrators stand in loco parentis
with respect to their students
2. Minor students contextually have fewer rights than an
adult, and are subject to the custody and supervision of
their parents, guardians, and schools
3. Schools, acting in loco parentis, have a duty to safeguard
the health and well-being of their students and may
adopt such measures as may reasonably be necessary to
discharge such duty
4. Schools have the right to impose conditions on the
applicants for admission that are fair, just, and non-

Allowable Warrantless Searches (People v Aruta)
1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs Search
6. Stop and Frisk
7. Exigent and Emergency Circumstances

Arrest Without Warrant, When Lawful
Section 5 of Rule 113. Arrest without warrant; when lawful. A
peace officer or a private person may, without a warrant, arrest a
1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
2. When an offense has just been committed and he has
probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested
has committed it; and


Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan Gonzaga | SY 1314

3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another.

Search Incident To Lawful Arrest
Section 13 of Rule 126 Search incident to lawful arrest. A
person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.

Test for Valid Warrantless Search Incidental to Lawful
1. The item to be searched was within the arrestees
custody or area of immediate control
2. The search was contemporaneous with the arrest

Elements Plain View Doctrine
1. A prior valid intrusion based on the valid warrantless
arrest in which the police are legally present in the
pursuit of their official duties
2. The evidence was inadvertently discovered by the police
who had the right to be where they are
3. The evidence must be immediately apparent
4. Plain view justified mere seizure of evidence without
further search

Exclusionary Rule
Evidence collected or analyzed in violation of the
defendant's constitutional rights is inadmissible for a
criminal prosecution in a court of law


Permissible Routine Inspection

1. Where the officer merely draws aside the curtain of a
vacant vehicle which is parked on the public fair grounds
2. Simply looks into the vehicle
3. Flashes a light therein without opening the cars doors
4. Where the occupants are not subjected to a physical or
body search
5. Where the inspection of the vehicles is limited to a visual
search or visual inspection
6. Where the routine check is conducted in a fixed area

Buy-Bust Operation
An officer poses as a buyer; however, he neither
instigates nor induces the accused to commit a crime. In
these cases, the seller has already decided to commit a
crime. Since the offense happens right before the eyes of
the officer, there is no need for a warrant either for the
seizure of the good or for the apprehension of the

Entrapment vs Instigation
1. Entrapment
Not a defense available to the accused because it is
only a means to trap and capture the criminal in the
execution of his criminal plan. The crime stands
independently of the actions of the police
2. Instigation
Considered a defense for the accused and an
absolutory cause because the criminal intent
originates in the mind of the entrapping person and
the accused is lured into the commission of the
offense charged in order to prosecute

Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan-Gonzaga | SY 1314

Elements of Entrapment
1. Act of persuasion, trickery, fraud carried out by law
enforcement officers and agents to induce a defendant to
commit a crime
2. Origin of the criminal design in the minds of the
government officials (Sorrells v US)

Procedure in Raising Entrapment as a Defense in US Courts
1. Accused has the burden to provide sufficient evidence
that the government induced him to commit the offense
2. Burden of proof shifts to the government to provide
otherwise but government uses either the subjective or
objective or hybrid test to determine if entrapment really

Entrapment Test
1. Subjective Test
Origin of intent test
The focus is on the predisposition of the accused to
commit the offense i.e. reputation, past offenses,
mental traits
Criticism: It disregards police behavior
2. Objective Test
The focus is on the nature and manner of the police
activity involved and police conduct i.e. badgering,
cajoling, appeal to sentiment
Criticism: It disregards the fact that the accused is a
dangerous and chronic offender
3. Hybrid
The police conduct was evaluated first then the
predisposition of the accused to commit a crime

Stop and Frisk Rule

Where a police officer observes unusual conduct which

leads him reasonably to conclude in light of his

experience tat criminal activity is afoot and that the

person with whom he is dealing may be armed and
presently dangerous, where in the course of investigation
of this behavior, he identifies himself as a policeman and
make reasonable inquiries, and where nothing in the
initial stages of the encounter serves to dispel his
reasonable fear for his own or others safety, he is
entitled for the protection of himself and others in the
area to conduct carefully limited search of the other
clothing of such persons in an attempt to discover
weapons which might assault him.

Stop and Frisk Procedure
1. Police officer must properly introduce himself
2. Make initial inquiries
3. Approach and restrain a person who manifests unusual
and suspicious conduct and shows genuine reason to
warrant the belief that the person to be held has weapons
or contraband concealed about him
4. It should therefore be emphasized that a search and
seizure should precede the arrest for this principle to

Stop and Frisk Two-Fold Interest
1. The general interest of effect crime prevention and
detection, which underlies the recognition that a police
officer may, under appropriate circumstances and in an
appropriate manner, approach a person for purposes of
investigating possible criminal behavior even without
probable cause
2. The more pressing interest of safety and self-
preservation which permit the police officer to take steps
to assure himself that the person with whom he deals is
not armed with a deadly weapon that could unexpectedly
and fatally be used against the police officer


Constitutional Law 2 MIDTERMS REVIEWER | Atty. Maita Chan Gonzaga | SY 1314

Section 3.
The privacy of communication and correspondence shall be
inviolable except upon lawful order or the court, or when public
safety or order requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any

Particularity of Description in Wiretaps

It would be unreasonable to require a description of the

contents. What can be specified:
1. Identity of the person or persons whose
communication is to be intercepted
2. Identity of the offense or offenses sought to be
3. Period of the authorization