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July 1, 2013

1. What is a Constitution?
MPH Case: A constitution is a system of fundamental laws for the governance
and administration of a nation. It is supreme, imperious, absolute and
unalterable except by the authority from which it emanates. It has been
defined as the fundamental and paramount law of the nation.
Angara vs. EC: Social contract

2. Constitution will always prevail! Why so special?

-enacted by the people
-surrendered sovereign powers in favor of governmental organs
-sovereignty = direct act of the people

3. The Constitution is the source of all rights. T or F?

-F. There are rights which do not need constitutional conferment
-Oposa case: right to balanced and healthful ecology emanates from being a
human being.
-NOT origin of private rights.

4. Which comes first, Constitution or Government? (by analogy to chicken and

-Constitution because it provides for organization of the government.
-But without a government, who will enact a constitution?
-There must be a government first for it precede the promulgation of the
-But can we not argue that its the constitution that lays down the powers of
the government?

5. Purpose of Constitution (MPH)

-It prescribes the permanent framework of a system of government;
-assigns to the different departments their respective powers and duties; and
-establishes certain fixed principles on which government is founded.

6. Different types of constitution

-written or unwritten not based on form but based on number of documents
embodying precepts (source)
-enacted or evolved
-rigid or flexible
-The 1987 Constitution is a written, enacted and rigid constitution.

7. Principle of constitutional supremacy (MPH)

-Under the doctrine of constitutional supremacy, if a law or contract violates
any norm of the constitution that law or contract whether promulgated by the
legislative or by the executive branch or entered into by private persons for
private purposes is null and void and without any force and effect. Thus,

since the Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract.
-Constitution is immutable, it will always prevail. Why? Direct act of the
-It reflects the peoples sovereignty (the power to do anything without any

8. Essential parts of a good written constitution

-Liberty fundamental civil and political rights.
-Government outlining the organization of the government.
-Sovereignty procedures for formal changes in the fundamental law.
-By analogy to essential parts of a human body: absence of one will not
negate its supremacy, only that it is lacking an essential part.
-A constitution can include parts not essential, e.g. Article I The National

9. Preamble is not part of Constitution

-to walk before, to introduce
-prefatory statement

10. 7 constitutions in the Philippines after spanish colonization:

a. Biak-na-bato first revolutionary constitution in Asia (unicameral)
b. Malolos first democratic constitution in Asia (uni/parl)
c. 1935 Unicameral, Presidental --- May 14, 1935 changed to bicameral
d. 1943 Japanese constitution during belligerent occupation (uni/pres)
e. 1973 uni/parl
f. Freedom bicam
g. 1987 bicam, revision of 1935

11. Are the procedures for amendment & revision in 1935 and 1987 identical?
-Yes (except that in 1987 voting separately)
-initiative vs. referendum?
-election vs. plebiscite?
Election (1935)

Plebiscite (1987)

s i m u l t a n e o u s l y Pertains to process, not

with general election the day. It can be held
on a general or a special
election day.

12. What really happened during the 1973 plebiscite was a showing of hands
during barangay consultative assemblies. The people were asked: do you
want to bring home one sack of rice? then someone took photos.
-Javellana vs. Executive Secretary

-procedure in 1935 constitution was not followed, but no more obstacle to its
force and effect. (nandyan na yan e!)

13. When did the 1987 take effect?

-February 2, 1987 date of plebiscite or
-February 11, 1987 date ratification was proclaimed
Feb 2, relevance of effectivity discussed in De Leon vs. Esguerra

14. Is the principle of due process a fundamental principle? Must not the people
be informed first?
-at the time of ratification, they already knew the contents of the constitution.
Opportunity to be heard?
-Consti is a social contract, when they ratified consti, they agreed that it will
take effect on the day of ratification even if it violates due process its a

15. Facts of MPH vs.

-Filipino first policy
Sec 10, Art 18
-if presumption is otherwise, then the consti will be at the mercy of Congress

16. Other rules of Construction

-Francisco vs. HOR
-initiate impeachment complaint vs. initiating proceedings
-begins at transmittal of AOI
-initiated upon filing of impeachment complaint with rec. of indorsement
of member of congress and submitted to committee on justice

17. 3 rules of Construction

-successively used

18. Verbal legis

WHY?-not a lawyers docu- people must understand
-by and for the people

19. Ratio legis est anima

-may courts of justice use extraneous mats?? NO- only if all 3 tools failed
yong history, whats going on in society at that time lang?
When ratified, they did not have deliberations of consti commission
-must inform themselves in 4 corners of Consti lang

20. Ut magis valeat quam pereat

21. Permanence of the Constitution
-explain this concept but it cannot stand still

22. Does the 1987 Consti allow any type of change or only certain types?
2 forms- Amendment or Revision

23. Amendment vs. Revision

24. Is there a need to determine character of change? YES
-Diff procedures

25. Lambino vs. Comelec

-2-part test of California court
a. quantitative
modify basic principles
b. qualitative
change govtal plan
2 changes:
1) Parliamentary
2) Bicameral- Unicameral



Separation of powers
check & balances

40 significant changes

26. Can the congress amend or revise the consti?

no. PROPOSAL lang

27. Diff modes of proposing amendments(3 modes) or revisions(2 modes)

28. In proposing amendments, is congress acting as legislative body?
No. constituent powers
constituent assembly

29. Gonzales vs. Comelec

Sanidad vs. Comelec
-power of president to propose period of normalcy and period of _______?
whoever possesses/exercises legislative power has power to propose
amendments mere adjunct of power

30. Did the Sanidad doctrine supersede Gonzales doctrine?

Marcos era!
wala sila magawa
-Gonzales is still the controlling principle

31. or -separates 2 modes

May be interpreted as and
Gonzales- 3 resolutions
-discretion of congress
wisdom of congress
call convention
32. Required vote for congress in proposing:
-manner of voting? Separately- bicameral eh?
Changes in 1987 from 1987
ibig sabihin ba joint? NOOO
separate sabi ni Bernas
construction of consti:
-interpret as a whole, harmoniously
in joint:
-will affect consti principle
Sec 1 of Art 6
Check & balance!!!

33. In making use of 2 modes

-can congress at the same time provide for terms/rules & reqs yes
-supposing Congress omitted, can Congress provide for omissions in exercise
of leg power? Yes.
Imbong vs. Comelec

34. A consti convention is separate and distinct from congress.

-its a collegial body
-Required vote to approve proposal? Majority: Occena vs Comelec
-is there anything in art 17 that vote must be majority? none.
No legal basis
Whats a good legal basis?
Sec 1 of Art 2
democratic republican institution
-will of majority (in absence of
any request under Consti=

35. Ratification
-1M required voters- what is the required number to ratify? 500,001 +1
-Low turnout. Only 50% voted. How many votes are required to ratify? 50%
of votes cast

36. May the ratification be made simultaneously with general election?

-plebiscite- 1987

Always a special election, but may still be held simultaneously with

general election (on the day of the general election)

37. What is initiative?

Sec 2 Art 17- is it a conferment of power to the people?
-defining the power
100 pesos each in pocket- worth of sovereignty
99 pesos worth- power to propose amendment
-reservation of attribute of sovereignty
38. Consti requirements
-for people to exercise power of initiative?
-at least 12%, 3% from each leg district

39. Who submits proposal for ratif?

-consti con congress

40. Deemed self-executing

1st par Sec 2 Art 17
-does it require any legislative act?
Congress shall provide for exercise of this right

41. Judicial review- a priori (sanidad)

42. Accept whole or reject whole?
Amendment or revision?

Partial amendment- no need to accept all/ reject

Revision- accept all/ reject

43. RA 6735
-Lambino overruled Santiago? Resolution - as long as en banc, SC can change

44. Additional requirements in lambino vs. Comelec

a) Signed by all
b) Proposal must be included in petition or attached & referenced

45. Limitations of reserved power of initiative?

-not more than 5 years

46. Can the right to initiative be used to propose revisions?

47. What is a state
-State vs. Country
(may not be a state)

48. CIR vs. Comisuela?

Niger, Morocco- country but not state

49. Essential elements

50. Legal requirement for people
-numerous, both sexes- perpetuation
-Must they be residents? ..citizens? Yes.

51. Vatican- is it a state?

-44 hectares
-smallest state
- but most of its citizens do not reside

Occena vs. comelec

-amendment includes revision 1935
-no term on 1935- revision
-dont be confused

July 3, 2013
1. Territory
-is there any legal requirement? No but must be easily administered so not
too big/ not too small

2. Group of well-trained armies (both sexes) on board warship in Pacific

ocean- can they declare statehood?
-fixed portion of the earth
- land, water, and air- to sustain life
(not necessary yong maritime)
-even subterranean states have water

National territory- 1


paragraph of art 1

4. Compare 1987 definition with 1935 definition

(general definition)
(enumeration of treaties)
-territories specifically defined in other consti are deemed included.
-historic or legal title
-Phil Archipelago as defined in treaty of Paris etc.

5. What are the two groups of territory in Consti

a) Philippine archipelago
b) other territories over which the Philippines has sovereignty or


Kalayaan IG; scarborough shoal property in Japan (prior to its

- was seceded to the Phil.

6. Magallona vs. Ermita

Contention: loss of territory
SC: Phil. Did not lose any territory. 9522/ UNCLOS does not define
-how may territories be acquired or lost? Discovery, occupation, cession,
-an entry into treaty is not manner of acquiring or losing territory!
-straight baseline- from point 1 to point 2- 100[125?] nautical miles
(check other requirements)
Zambales to Baho de Masinloc
Should not depart from natural configuration
9:1 ratio water to land


9522= territorial waters

EEZ: exclusive exploitation of living or non-living resources
Territorial sea: 12nm from baseline
-sovereignty, subject to right of innocent passage
CZ-sanitation, immigration, customs, fiscal

7. How do you determine the rights of the archipelagic state over the
Straight baseline

8. Non-enactment of 9522 poses 2 threats:

1. Open invitation to maritime powers
2. arch state will have no legal right- weaken cases in international
tribunal- we cannot involve UNCLOS if we did not apply

9522 did not diminish

9. Government
Bacani vs. Nacoco defns

National Govt


10. Diff Forms

-de jure or de facto- classification of defective govt
-pwede bang neither? Regular govt
-presidential or parliamentary
-unitary or federal
-socialist or republican

11. traditional Nacoco case

ministral- public welfare hospital
constituent- bonds
-treaties of Woodrow Wilson- laissez faire
what is it all about

12. enumerate 8 constituent functions - memorize!

2 conditions in Bacani- becomes mandatory
1. No private party wants to do it (character of undertaking)
2. govt is in a better position to perform

13. Have we ever subscribed to principle of LF

Social justice; Art 2 Sec 9, Sec 5

14. Bacani vs. Nacoco- issue: whether nacoco is exempt from paying
stenographic fees (GOCC)
-NO. separate and distinct personality as a corporation!
-only Pubcorp/ municipal corps are included

15. De facto vs. De Jure

-can a de facto govt exist without a de jure govt
-can a de jure govt exist without a de facto govt
-transition govt
-1973 consti: Congress is de jure
Interim NA can only exercise legislative power if Pres callsso while title is with NA, pres has not yet called NA

16. 3 kinds of DF govt

Characteristics of govt with paramount force- Co Kim Chan case
1) paramount force
2) submission of ppl

17. What is sovereignty?

Characteristics- PECAIII
People vs. Gozo
Principle of Auto-Limitation when State may allow/provide for restrictions on
its sovereignty

Is sovereignty a property? Yes, may be subject of a treaty.

18. Belligerent Occupation
Difference between political laws and municipal laws?

Rebellion- political law

Laws vs. public order

Treason- political law -( Exception: NOT deemed suspended

Laurel vs. Misa
- comparison of SC

19. How about members of Armed Forces of both governments?

NO. Ruffy vs. Chief of Staff
- only applicable to civilians
What happens to acts of belligerents? Co Kim Chan
- process
- noscitur a soscis

20. What is state immunity?

Basis: legal ---- Justice Holmes-( grounded on sovereignty
Sociological --- States time (Providence case)

Constitution- affirmation

21. Exception to the General Rule

- Sanders vs. Veridiano (6)
1. To enforce an act required by law
2. To restrain act claimed to be unconstitutional
3. To compel payment of damages from an already appropriated fund
4. To secure judgment where officer may satisfy liability without state
doing positive act
5. When government violates own laws because state immunity cannot be
used to perpetrate an injustice

22. Why is the DSI Royal Prerogative of Dishonesty?

- State can conveniently defeat rightful legal claims against it.

23. Foreign state basis? Par in parem non habet imperium an equal has no
power/authority over an equal

24. Republic vs. Sandoval- (3) when deemed suit against the State
Is this conclusive NO.
1. When Republic is sued in its name
2. When suit is against an unincorporated government agency
3. When suit is on its face against a government officer but ultimate liability
will fall on the State

25. Forms of Consent

Act 3083- General Law
Whether governmental or proprietary?
Procedure: COA
What if there is an action, can claimant go directly to court?

P.D. 1445 60 days

Otherwise, claimant may go directly go to Court.

26. Republic vs. Sandoval, Feliciano, Veterans Manpower

SC: not waiver; consent should be a legislative act
Special Law : Merritt
General Law: Act 2457
- affects only individuals
applies to all falling under the

28. Government initiates action

Theory of Restrictive Immunity proprietary function

Rey vs. Sandiganbayan (PCGG) modes of discovery

-( initiated action > governmental
> proprietary

Inequitable situation that will result : boxing match! Government can

punch, but cannot be punched back. [Rep. vs. Sandiganbayan]

Permissive counterclaim Still, state has immunity

July 8, 2013

1. DSI- Foreign State invokes immunity

What is the remedy -( Party can ask the Philippine Government
through Foreign Office to espouse its claims. -( Executive
department to raise the issue

*Holy See vs. Rosario

But what if foreign state does not consent? Wala na (

2. Suability does not amount to Liability

3. Up to what stage -(before execution stage (writ of execution), after courts

render decision
Why? Appropriation is needed.
Remedy: mandamus (Municipality of Makati case)
Does this apply to National Government/Congress? Violation of
doctrine of separation of powers.

4. Difference of unincorporated & incorporated

Are incorporated agencies entitled to invoke DSI?
Supposing Charter is silent? Same as UA determine fr. >original
charter (NOT Applicable)

on Code
Supposing inc. agency was incorporated under the Corporation
Code & its AOI is silent as to its suability: With power to sue and be
Since incorporated government agencies have a separate
personality, should they not have the rights accorded to the
government? --- Can we not say that since they are separate &
distinct, DSI should not apply to them?
5. Are LGUs unincorporated or incorporated?
Municipality of San Fernando: determine character of agent to
determine the liability of special agent
Determine if hes acting within scope of functions
6. Writ of Garnishment (WOG) , Attachment
Can the courts issue a WOG against the funds of incorporated
agencies? NO. PNB vs. Pabalan
How about unincorporated agency, are they entitled to DSI? Yes, as
to sovereign acts
Can UA impliedly waive their immunity?
7. Bureau of Printing frequency test
Mobil Phils. Case: not suable
Character Test- Why?
BOC cannot perform services with arrastre
-( indispensable = immune government cannot perform its
services if no arrastre

8. Bank Accounts (Municipality of Makati case)

Personal funds are still with the treasury in favor of the employee
No writ of execution = DSI
9. What kind of State is established under the Constitution.
Characteristics of Democratic Republic (DR) state representation;
Is enactment of irrepealable law consistent with with DR? NO.

10. May best intention be made basis in performing an activity otherwise without
legal basis? Villavicencio vs. Lukban -( there must be a LAW
Justice Miller: governed by laws, not men
11. 2 Laws in making International Law as part of the law of the land
1. Transformation Magallona statute/local legislation
2. Incorporation Kuroda

12. Why is there still a need to enact implementing legislations?

What kind of International Law (IL) Generally applied principles

of IL (GAPIL) ; If international law is not a GAP, there is a need for
a positive act/implementing legislation
( Doctrine of Incorporation

13. What is a GAPIL? peremptory norms of general or customary international

law which are binding on all states
- prosecution and conviction of war criminals GAPIL
- safety on the road Agustin vs. Edu GAPIL
( Why the need for legislation? device is not part of GAPIL

14. Treaties
In hierarchy, where does this lie? In parity with statute
In case a municipal law conflicts with a treaty? Well, you must first harmonize
them. If irreconcilable, municipal law prevails. (Ichong case)
In all instances? If municipal law was subsequently passed and such was not in
good faithy

*** Philippines entered into a bilateral agreement for mutual defense

Treaty provides for financial grant, use of facilities for training
US extend financial assistance to the Phil. Government but Congress enacted a
law for any foreign military agent to use our facilities.
( pacta sunt servanda ?
( more recent enactment must have been passed in good faith

Municipal Law vs. Executive Agreement- municipal law prevails (Gonzales vs.
Hechanova) violates separation of powers and system of checks and balances;
executive agreement not a treaty
( international treaty and rules and regulations in Re: Garcia violates rulemaking power of SC
SC derived authority from the Constitution, hence, conflict with treaty and
Constitution too.

15. Civilian at all times supreme over the Military

How is this manifested in the Constitution?
Commander-in-chief of AFP civilian (President)
President is a member of the AFP divests himself/resign

16. Rendering of compulsory military service

Is there an exception? No (?); People vs. Lagman, Sosa
Freedom of Religion, can it be used to evade this? -- civil service instead

17. Section 3, Article 2 AFP protection of people and State

May members of the AFP invoke this in engaging in military adventurism,
coud d etat?

( Oakwood Mutiny vs. EDSA PP 1 OM not successful

18. Section 4
Isnt this provision conflicting (1st and 2nd sentences)?
o serving people, not the Government
o State is inanimate, it needs people to perform these services
Should there be an existing war? in defense of the State
How about in times of peace? there must be an aggressor (?)
o threatened war imminent or immediate ?
What is the requirement before the government can compel all
people for military service? under conditions provided by law

19. 1-6 Fundamental Principles - fundamental truth common application

Difference between principles and policies?
7-28 Policies guidelines for the enactment of a positive act; not necessarily
universal truth

20. Section 6 separation Why?

- because fusion will result in destruction
What kind of separation? (Estrada vs. Escritor)
2 theories: separationist & benevolent neutrality
*** we subscribe to benevolent neutrality/accommodation

Strict Neutrality Church from State

( State is more powerful
Other provisions rel, to Freedom; Bill of Rights
( Section 5, Article 7: application of funds of the religious sector; taxes;
Section 29, Article 6

Does this mean that any application of funds for activity with
religious color is not allowed? No. (Aglipay vs. Ruiz) release of
stamps is for tourism purposes

Religion right to believe and not to believe (Estrada case)
( Aglipay definition
Is it required that there is belief in a Supreme being?
Can atheists invoke this constitutional principle? Yes (Estrada vs.
May courts assume jurisdiction over expulsion of members of
religious society? No. courts should not touch doctrinal and
disciplinary differences faith, practice, doctrine, form of worship,
ecclesiastical law, custom and rule of a church related to exclusion
of unworthy members


Taruc case
Fonacier vs. CA courts assumed jurisdiction
When do we apply Fonacier? Taruc?
( Not to doctrinal and disciplinary cases

Bureau of Printing Case

( general attack on immunity; but if filed by private party affected=
If charter says it cannot be sued, but proprietary activity
( apply balancing of interests test

July 10, 2013

1. Two years ago, a US submarine made a distress call in Subic, nuclearpowered submarine carrying weapons. President Aquino allowed this
submarine to use our facilities in Subic Bay. Is that violative of the
- Bernas (p.16): Government may demand ocular inspection and
removal of nuclear arms. Peaceful use of nuclear energy is not

2. What is Social Justice?

- Calalang vs. Williams: not mistaken sympathy in favor of any
class but EQUALITY (in political law context- greatest good for
the greatest number)
- Ondoy vs. Ignacio (labor law context): not EQUALITY but
PROTECTION (those who have less in life should have more in
3. May property owners have unrestrained and unregulated right over their
- property ownership carries with it a social obligation
- cant use property in a way which may defeat rights of other
Does that mean that the State can trample upon property rights? Yes, in
interest of social justice, but Social justice may not be used to impair
obligations of contracts

4. Law authorizing same sex marriage? Is it valid?

Sec. 12 : Family: Hetero relationship (Bernas) Whats his basis?
Will it destroy the sanctity of family life?
Time of enactment: regular family (Man, Woman, Children)
5. Law legalizing abortion unconstitutional

Is Section 12 intended to outlaw all forms of abortion?

( When necessary to save the life of the mother, abortion may be
allowed (subject to existing laws)
Meaning of equally
Use of contraceptives? RH Law?

6. Bill prohibiting corporal punishment (physical force on the child)

Is it violative of Section 12?
7. Is there a right to security independent from liberty? (Manalo case)
Yes, Article 2, Section 11. How? Subsumed in human dignity or full
respect of human rights; no need to be deprived of liberty to invoke
right to security of person right to security of person is a
guarantee of protections of ones rights by the government
8. Law on Rights of Children in Conflict with the Law
Basis? Section 13
( not punitive but corrective
9. As a lady, do you take offense in the wordings of Section 14?
role as opposed to vital role in Section 13
10. Group of battered husbands (Union of Husbands Afraid of Wives :
RA 9262 violates equality?
( PASEI case not literal EQUALITY
When laws group people according to gender, age or race
( segregated in order to protect, not discriminate
11. Non- self executing provisions not an absolute rule
Oposa vs. Factoran: intergenerational responsibility and
intergenerational justice cause of action
This is a fundamental right, founded on self-preservation and selfperpetuation
Special category of rights inherent in a human being
o Section 16 only underscores these rights
Correlative obligation (LRDA case) : not to impair the environment

12. General Appropriations Act

Highest budget allocated to education, does it contravene Section
( No, merely directory (discretionary on Congress); only a
standard/ guideline; depending on imperatives of national interest
check Nachura (p. 86)

13. Private enterprise

- Independence in business judgments
May State interfere? Yes. No more laissez faire policy; as long as
it involves national interest
BOI vs. Garcia case

14. ASLP vs. SAR

CARP- an experiment, far from perfect
( novel exercise of expropriation; Congress may also have
contemplated a novel mode of payment (in the form of BONDS).

- distribution of lands : actual OR shares of stock
- Constitutional basis: collectively
** Only 1 option left: actual distribution, no more stock option

15. Autonomy
Basco: actually means Decentralization
Limbona: 2 types of decentralization:
1. of power abdication by government of power
2. of administration mere delegation of power to
local governments to broaden base of
governmental powers and to make LGs more
responsible and accountable, and ensure fullest
devt as self-reliant communities and make them
more effective partners in the pursuit of national
development and social progress. This is subject to
supervision of the president. National government
may now concentrate on national affairs.
o Supreme Court: in a unitary state, LGUs (including
autonomous regions)
Decentralization of Power= self-immolation Why?
( No longer accountable to government but to constituents

16. Article 2 may be a source of civil and political rights? NO

Pamatong: public service
Is this a self-executing right? No, Section 26

Does the congress prohibit political dynasty? As may be prescribed by

law. As long as the congress does not define political dynasty, we can
have a country run by political dynasty.
Article 2 Section 28
Right to information is self-executing provision, what the congress can
provide are only limitations
Guarantee of public disclosure covers only matters involving public

Public interest:
a. Those which directly affects the lives of individual
b. Those naturally arouse the interest of individual
2 questions that must be answered
a. Whether it involves public interest
b. Is there any law which restricts the disclosure
The right to regulate does not include the right to prohibit
Regulation: time, place and manner
purpose of regulation:
a. Avoid damage or loss
b. Prevent undue interference on the work of the custodian
c. To accommodate others who have equal to right to information
Can they limit inspection only to photocopy? Yes to prevent damage
8am to 5pm inspection only? Yes to avoid undue interference
Limit to one hour inspection? Yes as to accommodate others
GOCCS are covered, Valmonte v. Belmonte
Why custodians do not have obligation to provide lists or summary? To
prevent undue interference
Right to information includes negotiation leading to contract.

3 inherent powers
Similarities and differences
Police power is based on: Salus Populi and Sic utere
Police power implied limitation to bill of rights
Characteristics of police power
Limitations of Police Power
Ichong v Hernandez- Balancing of interest
Tests of validity: (must concur)
Lawful subject
Lawful means
Inherent powers do not lie on opposite poles

Eminent Domain
Section 9,art 3 is only a limitation and not the basis of the power of ED
Source: necessity
a. Specific delegation of ED- political question
b. General delegation- justiciable question
Congress enacted a law requiring individuals with dollars to sell it to the
government for dollar reserve. Valid ED? What if lumanng Philippine
currency, valid ED?
Service of Manny Pacquiao as icon of tourism. Valid? Republic v PLDTnot all types of services
Property devoted for public use may be expropriated
Does size matter in ED? NO, Sumulong v Guerero
Taking in ED v taking in PP

Meaning of Taking may include trespass without actual eviction of the

owner; material impairment of the value of the property or prevention of
the ordinary uses for which the property was intended.
Elements of Taking:
o The expropriator must enter the private property.
o The entry into the private property must be for more than a
momentary period.
o The entry must be under a warrant or color of authority.
o The private property must be devoted to public use, or otherwise
informally appropriated or injuriously affected
o The entry must be in such a way as to oust the owner and to
deprive him of all beneficial enjoyment of the property.
Requisites of Exercise of Power Eminent Domain
o Necessity
o Private property
o Taking in the constitutional sense
Requisites of Taking:
Necessity for the taking and
legal authority to effect the taking; genuine necessity;
must be of public character
o Public Use meeting of public need or public exigency;
synonymous with: public interest, public benefit, public welfare
and public convenience
o Just compensation payment of full and fair equivalent of property
AND payment within a reasonable time from its taking
Is it required that title be transferred to expropriate? No
People v Fajardo
Government failed to pay full just compensation, is the owner entitled to
recover? SC ruling in Republic v Lim wherein the owner can recover
within 5 years is not absolute according to Atty. G. In that case the
government has abandoned its purpose. It is a special case because 50
years already passed and the government has not yet paid the owner. (I
added my own notes here)
Requisites for ED in LGU
o Ordinance is enacted by the LLC authorizing the LCE, in behalf of
the LGU, to exercise the power of ED or pursue expropriation
proceedings over a particular private property
o Public use, purpose or welfare, or for the benefit of the poor and
the landless
o JC
o A valid and definite offer has been previously made to the owner of
the property sought to be expropriated, but said offer was not
Can the head of LGU vest authority to exercise power of ED to Vicemayor?

Can local legislative council(LLC) give local chief executive authority to

determine property sought to be appropriated? No, LLC only
Two stages of ED: expropriation and Just compensation
When is republic entitled to possession?
After finality of order of expropriation, does title pass to government? No
upon payment of just compensation.

Taxes v fees
Does power to tax include the power to destroy?
Uniformity v equity
System of taxation- progressive
Regressive system of taxation- in order to increase productivity
Public Use- has this been expanded in taxation as well? Yes, pascual v
public works
[however in my Notes: Public use is strict in taxation, it must be direct
while public use in ED is expanded which includes indirect
advantage] (its for you to decide kung expanded or not sa taxation
ang public use baka na-bingi lang ako. LOL hehe)
Tax exemption- required vote?
Avelino v Cuenco
Majority of ALL members of house (fixed), majority of the house
Quorum- majority of the house
Senate preside- majority of all members of the house
23 senators, 1 vacant. Out 5 of 23 went to US. Quorum? Senate
Does the consti directly grants exemption? Yes
Religious org has two parcels of land. TCT 1- church TCT 2convent. Are both tax exempt? Kahit living quarters lang ang TCT
2? Exclusively includes incidental
LLadoc v CIR
RC church owns a property and is being asses for RPT. Church
presented as evidence its ownership. Is that enough? No, it must be
actually, exclusively and directly used for religious purpose
RC built a church on the property of A. May be A be assessed for
RPT? No, ownership is not important but USE.
Meaning of ADE? Include incidental
Lung center case- charitable purpose

Due Process
Due process- The embodiment of the sporting idea of fair play frankfurter, Responsiveness to the supremacy of reason and
obedience to the dictates of justice - Fernando, A law which hears
before it condemns, renders judgment only after trial - Webster
Minimum requirements- Notice and Hearing

Effect of due process

Substantive due process- Ynot v IAC- law is invalidated (intrinsic
validity of law; look at all the elements of power: PP, ED and T)
Procedural due process- Aniag v Comelec-invalidation of
proceedings not law (look at procedure laid down in law)
Philphos v Torres
Rate Fixing- notice and hearing? Philcomsat and Maceda case. How do
you determine function? In quasi- legislative power, does the admin
agency exercise discretion? Yes
Elements of criminal due process
Alonte Case- there was no waiver of right to present evidence. Waiver
of one issue does not mean waiver of other issues. right to present
evidence on voluntary execution of affidavit of desistance and
innocence of accused are different issues.
Aniag case- provided by law or consti- still due process.
Administrative due process
Due process in academic institution

Ichong vs. Hernandez

Ichong vs. Dumlao vs. PA S E I v s .
Hernandez Comelec



Q: Are they judicial precedents so that in subsequent cases, they will serve as
basis for the decisions?
A: No. They apply as to those cases only.
Better Rule: Recognize its validity only if the young, the woman, and the cultural
minorities, Filipino citizens are singled out for favourable treatment (Not
prejudicial treatment). (PASEI vs. Drilon)

People vs. Vera

No existing controversy yet applicable to equal protection clause (EPC).
As applied doctrine all elements of judicial inquiry need not satisfied.
A law may appear on its face or impartial in appearance, yet if permits unjust
and illegal discrimination, it is still subject to the constitutional prohibition.

Ormoc Sugar
Must apply to future conditions as well (must apply to future players in the

Biraogo vs. PTC

Contention: underexclusiveness is not a ground to invalidate a law

SC: No. It can only be applied if classification is made inadvertently. No

subclassification within a class.

Q: Are public officers one class?

A: No. Appointive or elective, etc.

Quinto and Himagan vs. Comelec

Test: Character of public office.
Elective positions are political in nature.

Q: Does the Constitution prohibit all types of searches and seizures?

A: No. Only unreasonable SS.

Alvarez vs. CFI

Q: What are unreasonable SS?
A: Reasonableness does not depend on the existence or absence of a warrant.

All illegal SS are unreasonable while lawful ones are reasonable.

People vs. Marti

Q: What is the reason for denying to apply the guarantee against unreasonable
A: Constitution does not concern itself with relations between and among

Stonehill vs. Diokno

Q: Can a person invoke this right against unreasonable SS on behalf of another
A: No. It is a personal right.

A corporation has a separate and distinct personality. A board resolution is

needed to invoke this right on behalf of a corporation.

Q: DAR employee searched the closet of her friend and found shabu. Can her
friend invoke right against unreasonable SS against the State?
A: No. It may be invoked only if the search is made by law enforcement agencies
and the State itself.

2 Parts of Sec. 2, Art. III.

1. Constitutional guarantee
2. Requisites of search warrant

Q: What is a warrant?
A: Warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer.

Q: What is a search warrant?

A: A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court.

Q: May a search warrant be issued for the search and seizure of real property?
A: No. Real property cannot be a subject of a search warrant because of physical
impossibility to bring the property before the court.
Under RoC, only personal property may be subject of search warrant, which may
a. Subject of offense.
b. Stolen or embezzled and its fruits.
c. Used or intended to be used for the commission of the offense.

Q: What is the lifetime of a search warrant?

A: A search warrant shall be valid for ten (10) days from its date. Thereafter it
shall be void. (Sec. 10, Rule 126)

A warrant of arrest has no lifetime and it is valid until served. But the head of
the office to whom the warrant of arrest was delivered for execution shall cause
the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor. (Sec. 4, Rule 113)

Q: Judge issued SW on July 1. Police received it on July 10. He implemented the

same on July 12. Valid?
A: No. Search warrant is valid only within 10 days from the date of issuance.

Q: What are the requisites of a valid search warrant?

A: A search warrant shall not issue except upon probable cause in connection
with one specific offense 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 things
to be seized which may be anywhere in the Philippines. (Sec. 4, Rule 126)

Q: What is a probable cause?

A: Probable cause refers to such facts and circumstances antecedent to the
issuance of the warrant, that are in themselves sufficient to induce a cautious
man to rely upon them and act in pursuance thereof.

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 that
the objects sought in connection with the offense are in the place sought to be

For an arrest: such facts and circumstances which would lead a reasonably
discreet and prudent person to believe that an offense has been committed by the
person sought to be arrested.

Mantaring vs. Roman

Persons named in WOA need not be included in SW
Prosecutions PC vs. Judge PC

Soliven vs. Makasiar

Personally determined WOA

Silva vs. Presiding Judge

Searching questions and answers SW
Q: Why are the rules more lenient for WOA?
A: Because there are previous proceedings before the issuance of WOA:
1. Complaint
2. Preliminary investigation
3. Information

On the other hand, for SW no case has been filed yet. Further, it is intended to
secure evidence in connection with the crime. There is no evidence yet, hence,
stricter procedure.

Alvarez vs. CFI

Q: How should the court determine the existence of PC?
A: Thru oath or affirmation. In oath, a binding force is the belief in God. Thus,
the phrase so help me God (Art. 7). While in affirmation, the law.

Q: What is the test of sufficient oath?

A: Personal knowledge and whether it is sufficient charge affiant with perjury.
Witnesses are not necessary as long as PC is sufficiently established by
complainant. Not mandatory notwithstanding the use of and.

People vs. Del Rosario

Q: SW was issued for SS of shabu, but in service, also found were unlicensed
firearms. Admissible?
A: No. Only those objects described. Thus, the phrase particularly describe the
things to be seized. Moreover, it must be issued for one offense only. SW not a
sweeping authority.

Q: What is the difference between General Warrant and Scatter-shot Warrant?


Q: How many permissible warrantless arrest under the RoC?

A: Rule 113, Sec. 5; Rule 114, Sec. 23; arrest by bondsman, etc.

Q: Supposing A was caught in flagrante delicto, and he was arrested by a police

officer. On their way to the police station he escaped. Is it covered by Sec. 13,
Rulle 113?
A: No. It cannot fall under Sec. 5(c) because the suspect is not yet a detention prisoner.
He must be booked first as a detention prisoner to be considered so.

People vs. Sucro

Q: What is the meaning of in his presence?
A: Not necessarily in the same place. Physical presence not required. Even sense
of touch, smell, taste etc. is sufficient.

Q: ABCD are in a drinking session in a 3x3 room. C and D fell asleep. Whey they
awoke, they found A dead. Can they arrest B?
A: No. Presence does not refer to physical presence. Physical presence is not enough
without any showing that they are conscious of what was happening while they were

3 instances of warrantless arrest under Rule 113, Sec. 5

a. In flagrante
b. Hot pursuit
c. Escapees arrest

Go vs. CA
Q: What is the meaning of just committed?
A: There must be a sense of immediacy between the time the offense is
committed and the time of the arrest, and if there was an appreciable lapse of
time between the arrest and the commission of the crime, warrant of arrest must
be secured. (Nachura Reviewer 2009, p. 127)

Q: Arrest 6 days after the commission of crime, just committed?

A: No.

People vs. Rodrigueza

Q: Crime committed 5pm, warrantless arrest made at 9pm, valid?
A: Hot pursuit arrest may be made if there is continuity in the pursuit from the
time of the commission of the crime.

Read People vs. Ferrer? Herrera (drinking session) according to Mimay notes.

Posada vs. CA
Q: Distinguish stop and frisk from stop and search.
A: Terry vs. Ohio
Stop and

Stop and

Extent of


Even bag

of PC

No PC is

PC is


Belief of a
Belief of
well-trained reasonably
person (see
definition of

Malacat vs. CA
Q: What are the 2 objectives of Search and Frisk?
A: (1) General interest of effective crime prevention and detection, and (2) safety
and self-preservation. So if drugs were found during stop and frisk, still valid
because of crime prevention.

Salazar vs. Achacoso?

Harvey vs. Santiago

Morano vs. Vivo

Q: What is the different between arrest issued by Immigration Commissioner
from arrest under Sec. 2?
A: Warrant of arrest issued by commissioner is for the purpose of effecting final
order of deportation. WA under section 2 is for prosecution purposes, not to
effect final finding of violation of law.

Q: People vs. Mengote distinguished from Posadas vs. CA.

A: The issue hinges on the credibility of police officers. In posadas, the suspect
ran. While in Mengote, there was anonymous call and one of the 2 suspects was
seen holding his abdomen, looking from left to right in a broad daylight. Malay
mo masakit lang ang tiyan niya! (Rivera 2011)

Q: What are different permissible warrantless searches?

A: 1. Warrantless search incidental to a lawful arrest;
2. Search of evidence in "plain view;"
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and emergency circumstances. (Stephen Sy vs. People, G.R. No. 182178,
August 15, 2011, citing People v. Rancho, G.R. No. 186529, August 3, 2010.)

Espano vs. CA
Q: Extent of permissible warrantless searches incidental to lawful arrest.
A: May be subject to bodily search and extends to area within his immediate
control. If arrested in the street, may not extend to his house.
Q: If suspect does not object, can it be considered consented search?
A: No. Consent must be made voluntarily and knowingly.

People vs. Musa

Q: If search made in the sala, may extend to kitchen?
A: No, unless plain view doctrine applies. Plain view doctrine applies when
evidence is inadvertently discovered without further search.

Malacat vs. CA
Q: Difference between stop and frisk and search incidental to lawful arrest.
A: In search incidental to lawful arrest, there must be prior lawful arrest before search is
made, but in stop and frisk search is made first before arrest.

Malmstedt case vs. Amminudin case



Stop and frisk

not in flagrante

Valid warrantless Invalid

General description T h e n a m e o f
Amminudin was
known (had it been
description, it
would not render
the arrest valid
because there was
no suspicious
movements, etc.)
Acts of Malmstedt

No reason except
for furtive finger

Distinguishing factor: Reasonable

ground based on the acts of the accused.

Q: What are the requirements for valid seizure in plain view?

A: The "plain view" doctrine applies when the following requisites concur: (a) the
law enforcement officer in search of the evidence has a prior justification for an
intrusion or is in a position from which he can view a particular area; (b) the

discovery of evidence in plain view is inadvertent; (c) it is immediately apparent

to the officer that the item he observes may be evidence of a crime, contraband or
otherwise subject to seizure. The law enforcement officer must lawfully make an
initial intrusion or properly be in a position from which he can particularly view
the area. In the course of such lawful intrusion, he came inadvertently across a
piece of evidence incriminating the accused. The object must be open to eye and
hand and its discovery inadvertent. (People v. Lagman, G.R. No. 168695, December
8, 2008, citing People v. Doria, 361 Phil. 595, 633-634 [1999]).

People vs. Del Rosario

Q: While POs were searching for shabu, they discovered unlicensed firearms.
Plain view?
A: No. (1) PVD is usually applied where POs are not searching for evidence
against the accused. (2) Inadvertently come across an incriminating object no
further search. (3) Right to be in the position. (4) Incriminating character must be
readily apparent.
Q: 2 POs heard that there was going to be a party. They gate-crashed and saw
from the door that there were drugs everywhere. Valid?
A: No. They had no right to be there!

Unilab vs. Isip

Q: SW was issued for revicon. POs found disudrin openly displayed in glass
cabinets. Can these products be seized?
A: No. They have to test them to know that they were counterfeited. 4th requisite,
i.e. no further inquiry whether or not object is illegal is absent. Incriminating
character must be readily apparent.

Papa vs. Mago

Q: What is the extent of customs searches?

Q: May valid customs searches be effected on local products?

A: Yes. If previously exported then imported again in the Phils?

Search in vehicles
Q: Yung car may curtain, may the PO request that it be opened? How about
A: Yes. Nasa book yata ni Bernas.

Guanzon vs. De Villa

Q: Are saturation drives constitutional?
A: SC did not rule on constitutionality.

Privacy of Communication and Correspondence

Ople vs. Torres

Q: Is there such an animal as constitutional right to privacy?
A: Yes. Griswold vs. Connecticut speaks about zones of privacy. Constitutional
provisions which recognize zones of privac: Sections 1, 2, 3(1), 6, 8 and 17.

Q: Respondent argues there is a reasonable expectation of privacy in AO 308.

A: SC answered there are 2 tests..
1. Whether by his conduct, he has shown an expectation of privacy
2. Whether this expectation is one which the society recognizes as

Zulueta vs. CA
Q: Are pictures guaranteed under Section 3? Are they correspondence?

Q: What is the difference between privacy under Section 2 and Section 3?

A: Privacy of papers under Section 2 cannot be applied against private
intrusions. Section 3 extends even to private intrusions.

Q: What if in Marti, there is letter containing information as to the disposition of

hashish, admissible?
A: If contents of letter, apply Section 3. If letter in itself (as an object evidence),
apply Section 2.

Q: What are the Constitutional provisions and laws which create zones of
A: Sections 1, 2, 3(1), 6, 8 and 17, Art. III of Constitution. In addition, NCC, RPC,
SPL like Anti-Wiretapping and Secrecy of Bank Deposits Act and RoC. (Ople vs.

RA 4200
Q: What defines the character of communication?
A: (1) Place and (2) presence or absence of other people.
Controlling factor: Intent of parties. Majority if larger group, both if there are
parties. Marami. Depende sa circumstances.

Navarro vs. CA
Police precinct public place?

Ramirez vs. CA
Violation even if recording is made by party to private communication.
Any section 1, RA 4200.

Q: Is there any difference between communication and conversation?

A: Same. Synonymous etymology.

Gaanan vs. IAC

Q: What if private communication is intercepted thru use of telephone line?
A: No. RA 4200 enumerates instances/modes of violation. Enumeration

Q: Supposing 2 public officers privately communicating thru cellpone was

intercepted without use of any tapping device but thru airwaves?
A: No violation. Enumeration in Section 1, RA4200 exclusive.

Exclusionary Rule

Stonehill vs. Diokno

Q: Reason for inadmissibilty?
A: Only in case the prosecution which itself controls the seizing officials knows
that it cannot profit by their wrong, will that wrong be repressed. (Judge Learned

Q: Can Exclusionary Rule apply to principal as well as to secondary evidence?

A: Exclusionary Rule applies to principal evidence. Fruit of Poisonous Tree
Doctrine applies to secondary evidence. (People vs. Allicando)

Freedom of Expression
Reyes vs. Bagatsing
Q: What are the rights covered by Section 4?
A: Speech, Expression, Press, Assembly and Petition

Q: What is the essence of Section 4?

A: Important in democratic polity. Full disclosure of public affairs and

Q: Why are they contained in just 1 section if important?

A: It was not by accident or coincidence that the rights to freedom of speech and
of the press were coupled in a single guarantee with the rights of the people
peaceably to assemble and to petition the government for redress of grievances.
All these rights, while not identical, are inseparable. (Justice Rutledge)

Q: Does freedom of expression cover any and all matters?

A: No. Only matters of public concern. Liberty to discuss publicly matters that
touch the heart of existing orders. Private matters not covered.

US vs. Bustos
Q: Does freedom of expression in general cover criticisms?
A: Yes. Right to criticize is comparable to scalpel (a surgical instrument used to
expose illness). Freedom of expression exposes abuses/social ills perpetrated by
public officers. It is a necessary consequence of a democratic institution.
Meron text na naputoldi ko mabasa!!!!!

US vs. Bustos
Necessary consequences of republican institution

What is Assembly & Petition: (US vs.Bustos)

Right on the part of the citizens to meet peaceably in respect to public
affairs etc.

2. Is the right to assembly & petition available to schools

Malabanan vs. Ramento yes. Students do not shed their constitutional
rights at the schoolgate.

3. Right to A&P concerted right

Can it be exercised by only 1 person? No collective right.

4. Dela Cruz & PBM cases

Same factual circumstances
Differences: PBM directed against government/ Public officials ;
Dela Cruz economic reasons against an employer ; property
- here, employer was also government

5. PBM
Property vs. Human right

6. can you invoke right to expression vs. private individual?

Art. 4: NO LAW shall be passed.

Why did the court uphold these guarantees in PBM and Malabanan
SC only weighed the appropriateness of penalty involved??

7. What is public assembly under BP 880?

May a public assembly be held in a private place??

Regulation NOT prohibition: Primicias vs. Fugoso


BP880- exceptions: private place, freedom park, educational institution

Cebu Fuerte Osmena
Manila Sunken Gardens
converted into a golf course
3 working days
If mayor refuses to accept posting in premises

On a maximum, Mayor has 3 working days to act on & communicate

action on petition.

Law enforcement agencies

When public assembly becomes violent recourse?

8. Bayan vs. Ermita: CPR, why unconstitutional?

BP880 is a content-neutral regulation

9. 2 consti guarantees under Art. 5

Estrada vs. Escritor
Earlier Decision: 2 clauses conflict why?
Govt must take a positive route (do a particular thing)- F
Govt must not do anything to inhibit EC
2006 decism- in simplest terms,
FE: prohibits government from inhibiting religious beliefs by providing
penalties for religious beliefs and practices
EC: prohibits government from inhibiting religious beliefs by providing
rewards for religious beliefs and practices

3 elements religion
Religion meaning religio bound between man & the gods
August 2003 decision

10. Religion incidental purpose

Aglipay & Garces

11. Garces vs. Estenzo

Fiesta- socio-religious

12. 2 aspects of religious freedom: Freedom to belief, freedom to act on ones


13. Tax
ABS vs. city of Manila
ought to tax acts of ABS proselytizing???

14. Licensure exam to enter into religious org?

Income tax Priests, Ministers?

15. Iglesia case

When may courts interfere?
When religion divides & exercise destroys

16. Clear and present danger

Used when for if used w/ other consti rights

17. Compelling state interest

3-steps process
Estrada: Admin code & RPC not valid infringement of religious freedom?
Benevolent neutrality
When do we use CSI test & Benevolent Neutrality approach?
Accommodation as long as it does not offend CSI

18. Wall of Separation

Apply BNA to determine character of wall of separation
Not a wall of absolute separation etc. allows accommodation.

19. 2 types of BN
Permissive ano yung sa Estrada vs Escitor??
Mandatory eh sa victoriano??

Mandatory all three requisites are present. So I think Estrada was


Permissive court is not required to accommodate.

20. Liberty of Abode meaning?

Can be infringed if there is a Lawful order of the court?
If no Lawful order of the court?

21. A purchased a lot in Manila to build dream house after purchase, Manila
issued ordinance as highly industrialized zone. Can A insist to build house if no
Lawful order of court:
Law & Order of Court

22. Restrictions on right to travel

What activities are covered? Free movement
Right to travel
Does not include right to return to ones country

Part of law of land Art.2

Art. 6 NS, PS, PH as maybe provided by Law
Why the need to distinguish

Art. 2
ano yung Law? Legislative lng? Yes

Not arbitrary

Pwede President/ Executive

23. What power was exercised by the Pres?

Residual Powers
does not belong to anyone- leg, judiciary and exec.
Inherent to govt
Pres can exercise as head of govt

24. PGMA Medical treatment in HK. Right to travel

- can she be prevented by SOJ by dept circular?

Implication of as may be provided by Law in the 1987 consti?

25. Silverio vs. CA

Court Order any purpose
No Court Order Law, NS, PS, PH

26. Manotoc vs. CA

27. Cotabato splendid symmetry

28. ROI is there as need for a legislative act?

Self executing Legaspi

as may be provided by Law


29. ROI

Public concern


public interest

2 Questions: 1. public/ concern meaning?

2. not restricted
is there a law prohibiting exercise of right

30. Echegaray vs. Sec of J

There is a Law, but is ROI applicable?
Lawful subject & Lawful means?

31. May this consti right be invoked vs. GOCCS?

Valmonte case

32. Four groups of info w/c may be exempted

- intelligence
- crim matters

- trade secrets & banking transactions

- executive, judiciary

33. ROI
- included din ba steps leading to consummation? Yes, except

Intra- agency comm. Prior to exec of treaty NO

Right to demand summaries, abstracts


Right to assoc.
- not only to these working
- Govt EES not allowed to strike SSS case
What Law prohibits Memo circ & EO 180
- May the R to A be surrendered through the medium of a K?

A&B entered into a Contract where right of C to assoc is curtailed?

- closed shop?
Victoriano case
allows religious objectors to disassociates right to join & not to join
Membership in IBP
In re: Edillon
Right to A not an absolute right may be regulated
Right against Non-impairment of contracts
What is impairment? Elizalde case
Is it relevant to determine extent of impairment?
not a question of degree, manner of case etc.
Allowable impairment PP, ED, T
Reasonable impairment (complies w/ legal requirements)
Does the consti allow moratorium Laws?
Reason in Ortigas V. Feati on impairment
A&B entered into a contract of Sales of goods for a 1 year term
10 + VAT at 10% (prevailing Law)
Law was passed increased at 12%
valid impairment

Eminent Domain
A&B Contract to sell
A committed to sell to B, w/in 1 year within that period, govt needed that

Can govt expropriate it?

Gamzen vs. Inserto

Free access to Courts

Is this available to all persons- natural & juridical?
Mr. Roger Prioresa? Good shepherd
Ang juridical person ba ay nagsusuffer din ng poverty?

Custodial Investigation
When does CI begin?

Made known is purpose you may have some knowledge

B was cooking dinner during investigation allowed to do whatever he wants.
Did CI already begin? Yes deprived of freedom of movement in any
significant way

Other term: In-custody interrogation

Was B already in the custody of A?
How long have you been residing in this place? gen inquiry
What is the crime rate in your brgy

Where were you from 8pm 8am CI

After a report, police officers went to scene of crime & determined A was
culprit; patrol car- extracted confession = Bolanos - inadmissible

Consti rights of accused under CI

1. Right to be informed - nonwaivable
2. Right to remain silent - waivable
3. CI counsel waivable
4. No torture, etc. - nonwaivable


1. B4 case is filed
2. After case is filed
3. While testifying

Waiver minority & in presence of counsel

silent, counsel

PPL VS Pinlac

Burden on Prosec to establish that all consti rights here been accorded even w/o

1. Can you waive inadmissibility of evidence? Yes. If not objected to during

trial, deemed waived.

2. Are the rights available during administrative investigation?

No. Administrative investigations are not part of the custodial investigation
(People of the Philippines v. Judge Ayson).

3. Reason for inadmissibility

4. In the Ayson case, why is the investigation not considered a custodial
The persons who were involved in this case are not law enforcement officers.
Custodial investigation is defined as questioning initiated by law
enforcement officers after a person has been taken into custody or otherwise
deprived of his freedom of action in any significant way.

5. What if the accused confessed despite the fact that the police officer was not
asking any question?
Apply the principle of res gestae under the Rules of Court. People v. Dy

6. Police line-up.
GR: not part of CI
XPN: if made after accusatory process.

7. Is re-enactment part of custodial investigation?

Yes. (People of the Philippines v. Pinlac)

8. Is reading to the accused his constitutional rights sufficient?

No. The reading is not sufficient. The officers must likewise explain these
rights (Pinlac). There must be understanding on the part of the accused.

9. Who are the law enforcement officers under the contemplation of Section
PNP, NBI, other police agencies, others charged with prosecution and
investigation of offenders

10.Is a Mayor a law enforcement officer?

Yes. A law enforcement officer is a person charged with prosecution and
investigation of offenders. Barangay Captains and Barangay Tanods are law
enforcement officers.

11.Confession/admission to private individuals/media, admissible in all


No, not in all circumstances. Admission/confession is admissible provided it is

free from undue influence from police authorities.

Not entitled to acquittal even if rights of the accused under custodial
investigation were violated. May still be convicted.

Non-impairment clause
13.Reasonable impairment is allowed -> not a question of degree or of extent

14.Ortigas v. Feati
Two elements deemed included in contract:
a. All existing laws deemed included
b. Reservation of exercise of attributes of sovereignty.

15.Rutter v. Esteban
Moratorium law valid if:
a. Period of suspension is definite
b. Period of suspension is reasonable
c. . . . not for rights of creditors

16.Example of impairment thru exercise of eminent domain and taxation

17.Are judicial decisions included in the term laws?

Ganzon v. Inserto (?)
18.What is bail? Forms of bail?

19.What is the ultimate objective of bail?

To secure appearance of accused before the court.

20.Kinds of bail.
a. Matter of right
b. Matter of discretion
After conviction
Before conviction (reclusion perpetua, life imprisonment, death to
determine whether evidence of guilt is strong)
c. Denied
a. After conviction of capital offense, even if accused appeals
b. Before conviction, RP or LI when evidence of guilt is strong

Weight of evidence.
Discretion ceases:
Weak -> right


Strong -> denied

21.Hearing. Is it required for both kinds?

a. When bail is a matter of right important to determine the amount of bail
b. When bail is a matter of discretion weight of evidence.
-> 4 obligations of the court (Basco v. Rapatalo)
1. inform prosec of hearing ask for his reco
2. conduct hearing
3. decide WON strong
4. discharge or deny

22.4 mandatory conditions.

Section 2, Rule 114.

23.Is arrest necessary for the application of bail?


24.May bail be granted to a person who is not an accused? Can it be required

for a witness?
Yes (yata)

25.Purpose of the 3-day motion rule.

To accord the prosecution reasonable time to prepare (Baylon v. Judge Sison)

26.Is the right to bail a waivable right?

Yes. It is a right which is personal to the accused and whose waiver would not
be contrary to law, public order, public policy, morals or good customs, or
prejudicial to a third person with a right recognized by law (People of the
Philippines v. Judge Donato)

27.Are members of the armed forces entitled to bail?

No (Comendador v. De Villa)

28.Are members of the PNP entitled to bail? Is there a violation of the equal
protection clause?

29.Extradition proceedings. Five postulate of extradition proceedings.

a. Extradition is major instrument for suppression of crime
b. Requesting state will accord due process to accused
c. Proceedings are sui generis
d. Compliance shall be in good faith
e. There is an underlying risk of flight

30.How will you determine whether right to bail is a matter of right or a matter
of discretion in deportation proceedings/extradition proceedings?

a. Not a flight risk

b. Special compelling humanitarian reasons.

Criminal Due Process

31.4 requirements of criminal due process

32.Difference between 2 guarantees of due process under BOR.

Coverage: CDP: procedural only.

33.Is PI an essential element of due process?

Tatad v. Sandiganbayan.
Lack of PI correctible defect
Delay in PI not correctible defect

34.Galman v. Sandiganbayan
Must not only be impartial but must also appear to be impartial.
-> so people will not doubt
-> integrity of justice system will not be eroded.

Presumption of Innocence
- disputable presumption
- degree of proof: PBRD (?) Dramayo case
- Presumption applied individually to each co-conspirator

35.Is judgment of conviction inconsistent with finding of doubt?


36.What kind of doubt may co-exist with judgment of conviction?

Unreasonable doubt.

37.Dumlao v. COMELEC
Accused does not mean a person convicted with a crime

38.Marquez v. COMELEC
Fugitive from justice those merely charged and fled

39.Reconcile Marquez and Dumlao

Operative fact: flight

40.Equipoise rule
Corpus v. People
Applies only when evidence for both sides are equally balanced.

Right to be heard by himself and counsel

41.New Rules of Court

Mandatory appointment of de oficio unless right to counsel was waived

Mandatory de oficio unless there is a de parte (arraignment)
It is a waivable right

42.Trial: Amion v. Chiongson

May be exercised during trial as long as not arbitrary and not exclusive.
- Rule 115 (superseded Holgado)

Records failure to show does not mean denial
Presumption of regularity

Right to be informed
Elements of criminal information under the Rules of Court must be present

45.Soriano v. Pecho
- Accused may be convicted of offense other than what is in the information
as long as elements are included
- Variance section 4, Rule 120; Section 5, Rule 120

Speedy, Impartial, and Public Trial

46.Speedy trial
Speedy trial is a relative concept:
a. Length of delay
b. Cause of delay
c. Conduct of prosecution or defense
d. Efforts of the accused
e. Damage/prejudice

47.3 instances of violation oppressive, etc.

48.Mateo case
When judge must inhibit any basis for bias or prejudice on the part of
trial court is ground for inhibition

49.People v. Teehankee
Media exposure is not equivalent to impartiality

50.Purpose of public trial

Rights of the accused will be more protected because persons conducting trial
will become more circumspect.
- The right however does not depend on the size of the court.

51.Public trial distinguished from trial in publicity

Estrada v. Sandiganbayan

52.Maguindanao massacre case wherein the court allowed the trial to be

televised is pro hac vice.

Compulsory process
53.Subpoena duces tecum is always coupled with ad testificandum.
Reason: because the custodian of the records must also testify in court.
54.Tests: definiteness and relevancy
- depends on articles being required.
- it is relevant if it will affect guilt or innocence of the accused.

55.Trial in absentia
The right pertains to the prosecution, not the accused.

Arraignment non-waivable. Accused must always be present

Trial for identification purposes waivable
Promulgation - waivable

56.2 purposes
a. Cross-examination
b. Observe deportment of witnesses
57.Testimony of witness in other case.
Testimony of a witness in a different case involving the same parties may be
used in other case with same parties as long as the accused was given the
chance to cross-examine such witness.