Professional Documents
Culture Documents
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.
Commercial Speech
1. A communication which no more than proposes a commercial transaction.
1. To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
1. Even truthful and lawful commercial speech may be regulated if:
1. Government has a substantial interest to protect;
2. The regulation directly advances that interest; and
3. It is not more extensive than is necessary to protect that interest. (Central Hudson Gas and Electric Corp. v.
Public Service Commission of NY, 447 US 557)
Unprotected Speech
1. 1. LIBEL
1. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered actionable, even if
the words used are neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the
person. The statements are not used to attack personalities but to give ones opinion on decisions and actions.
1. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event),
opinions can be aired regarding their public actuations. Comment on their private lives, if not germane to their public
personae, are not protected.
1. 2. OBSCENITY
1. Test for obscenity (Miller v. California)
1. Whether the average person, applying contemporary community standards would find that the work, taken as a whole,
appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
2. Procedure for seizure of allegedly obscene publications
1. Authorities must apply for issuance of search warrant.
2. Court must be convinced that the materials are obscene. Apply clear and present danger test.
3. Judge will determine whether they are in fact obscene.
4. Judge will issue a search warrant.
5. Proper action should be filed under Art. 201 of the RPC.
6. Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition.
1. Rules on assembly in public places:
1. Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will
take place.
1. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid
objections to the grant of the permit or to its grant, but in another public place. The grant or refusal should be based on the
application of the Clear and Present Danger Test.
1. If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the applicants must
be heard on the matter.
1. The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants at the earliest
opportunity so that they may, if they so desire, have recourse to the proper judicial authority.
1. Rules on assembly in private properties:
Only the consent of the owner of the property or person entitled to possession thereof is required.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.
Curtailment of rights:
RIGHT MANNER OF CURTAILMENT
1. Liberty of abode Lawful order of the court and within the limits prescribed by law.
2. Right to travel May be curtailed even by administrative officers (ex. passport officers) in the interest of
national security, public safety, or public health, as may be provided by law.
Note: The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the fact that the
Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to
ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern shall be recognized.
A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his
property.
B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or
more of the property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare
title still remains with the owner.
PUBLIC USE
1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is used in the concept of
police power.
1. Examples of public use include land reform and socialized housing.
JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent to the market value of his property. Market value is generally
defined as the fair value of the property as between one who desires to purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at the time the property was taken. Thus, future potential
use of the land is not considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the public use character of the taking. However, if the expropriation is pursuant to a specific law passed by
Congress, the courts cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property acquired by the municipality with its private funds
in its corporate or private capacity. However, if it is any other property such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the filing of the complaint for expropriation.
Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased
because of the use to which the expropriator has put it, the value is that of the time of the earlier taking. BUT if the value increased
independently of what the expropriator did, then the value is that of the latter filing of the case.
Section 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which still leaves an
efficacious remedy for enforcement does NOT impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Section 12. Rights of person under investigation for the commission of an offense.
Rights of person under investigation for the Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
1) During a police line-up. Exception: Once there is a move among the investigators to elicit admissions or confessions from the
suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal
investigation.
4) Statements made to a private person.
Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible, being the fruit of a
poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
Who are not entitled to bail:
1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended.
2) Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance.
Section 14. Rights of an accused
Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the
rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt,
provided that the facts proved have a reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.