CHAPTER 11: LIBERTY OF ABODE & TRAVEL  Union of both tends to destroy government and degrade religion  The constitution's religion

clause's prescribe not a strict but a
 Establishment clause:
 Article III, Section 6 – The liberty of abode & of changing the benevolent neutrality (which recognizes that government must
o Two values sought to be protected:
same within the limits prescribed by law shall not be 1) Voluntarism pursue its secular goals and interests, but at the same time,
 growth of a religious sect as a social force must come strive to uphold religious liberty to the greatest extent possible
impaired except upon lawful order of the court. Neither shall
the right to travel be impaired except in the interest of from the voluntary support of its members because of within flexible constitutional limits
the belief that both spiritual and secular society will  benevolent neutrality could allow for accommodation morality
national security, public safety or public health, as may be
benefit if religions are allowed to compete on their own based on religion provided it does not offend the compelling
provided by law
 Purpose intrinsic merit without benefit of official patronage state interest test
 To further emphasize the individual’s liberty as safeguarded in 2) Insulation of the political process from interfaith dissension  Two steps:
 voluntarism cannot be achieved unless the political o Inquire whether respondent's right to religious freedom has
general terms by the due process clause
 Includes the right to choose one’s residence, to leave it whenever process is insulated from religion and unless religion is been burdened
o Ascertain respondent's sincerity in her religious belief.
he pleases, and to travel wherever he wills insulated politics
 Religious Tests
 Limitations o No violation if:
 Constitutional prohibition against religious tests is aimed against
 Liberty of abode can be limited upon lawful order of the court 1) A statute has secular legislative purpose
 Right to travel by the requirements of national security, public 2) Its principal effect is one that neither advances nor inhibits clandestine attempts on the part of the government to prevent a
safety or public health as may be provided by law religion person from exercising his civil or political rights because of his
3) Does not foster an excessive government entanglement
religious beliefs
o Mandates a strict neutrality in affairs among religious groups
 Freedom of religion includes freedom from religion; the right to worship CHAPTER 13: FREEDOM OF EXPRESSION
o Prohibits the establishment of a state religion & use of public
includes the right not to worship resources for the support or prohibition of a religion  Freedom of Speech has been defined by Wendel Philips as “at once the
 Religion  To be read specifically with Article VI, Section 29(2) prohibiting instrument & the guaranty & the bright consummate flower of all
 Any specific system of belief, worship, conduct, often involving a
appropriations of public funds for sectarian purposes liberty.” This definition embraces a number of cognate rights all
code of ethics & a philosophy  Payment of public funds is prohibited to ecclesiastics as long as
 A profession of faith to an active power that binds & elevates man aimed at the insuring the free & effective communication of ideas
they serve the government in a non-ecclesiastical capacity
to his Creator from mind to mind. However, freedom of expression is available only
 Intramural Religious Disputes
 Includes a rejection of religion, a refusal to believe in a hereafter o These are questions that may be resolved by the religious insofar as it is exercised for the discussion of matters affecting the
or in the supremacy of supernatural person with powers over life authorities themselves & among themselves only public interest; purely private matters do not come within the
& death o Whatever dogma is adopted by a religious group cannot be guaranty.
 Embraces matters of faith & dogma, agnosticism, & atheism binding upon the State if it contravenes its valid laws  Importance
 Religion in the Constitution o Principle of separation of Church & State is based on mutual  The Constitution provides that “sovereignty resides in the people"
 Article V, Section 5 – No law shall be made respecting an
respect who manifest it regularly through their suffrages &, more
establishment of religion, or prohibiting the free exercise  Religious Profession & Worship frequently & generally, by the assertion of freedom of expression.
thereof. The free exercise & enjoyment of religious  Freedom to believe
 Absolute as long as the belief is confined within the realm of Freedom of expression is the opportunity to participate in the
profession & worship, without discrimination or
thought shaping of public affairs. As an individual “particle of sovereignty,”
preference, shall forever be allowed. No religious test shall  Everyone has a right to his beliefs & he may not be called to every citizen has a right to offer his views & suggestions in the
be required for the exercise of civil or political rights account because he cannot prove what he believes discussion of the common problems of the community.
 Article XV, Section 3(1) – The State shall defend the right  Freedom to act on one’s belief  In the case of Abrams v. U.S. (250 US 610), Justice Holmes, in his
of spouses to found a family in accordance with their  Subject to regulation where belief is translated into external
dissent to the conviction of Abrams, argued for the social benefit
religious convictions & the demands of responsible acts that affect the public welfare
 Where the individual externalizes his beliefs on acts or of unrestrained free speech & wrote:
parenthood  “[T]he ultimate good desired is better reached by a free trade in
 Article II, Section 6 – The separation of Church & State omissions that affect the public, his freedom to do so becomes
ideas—that the best test of truth is the power of the thought to
shall be inviolable subject to the authority of the State
Enjoyed only with a proper regard for the rights of others get itself accepted in the competition of the market; & that truth is
 To delineate boundaries between the two institutions & thus 
 To determine which shall prevail as between religious freedom & the only ground upon which their wishes safely can be carried
avoid encroachments by one against the other because of a
the powers of the State, is always a test of reasonableness out.”
misunderstanding of the limit of their respective exclusive
 Compelling State Interest test (Estrada vs Escritor)

on the Executive. or one  3 major criteria to determine the liability of the individual for o 1) Oral & written language. Such authority is anathema in a free society. Barnette.  Freedom of expression is a peaceful method in making passionate subjective standards in determining what is good & what is not o In the early stages of Philippine jurisprudence. & in Primicias v. 2) The Dangerous Tendency Doctrine legitimate criticism shall be bona fide & shall not spill the walls of . usually applying only his questioned. or the as to create a clear & present danger that they will bring falsehood relating to his official conduct unless he proves that the right of the people peaceably to assemble & petition the about the substantive evils that the state has the right to statement was made with "actual malice" meaning that it was Government to redress of grievance.   Modes of Expression Concerned merely with the incidents of the speech. have as much right as any person in the l& to voice Court held that "our democracy precludes using the religious or  Content-based regulation or censorship out their protests against what they believe to be a violation of o Restriction is based on the subject matter of the utterance or moral views of one part of the community to exclude from their rights & interest…. involved in a public issue. not the likelihood of violence. While the dangerous tendency  Freedom of expression constitutes one of the essential Investigation Unit to “support” their co-workers who were doctrine prefers authority. they marched toward & appeared before the petitioner's important interests. It need not partake of conduct of a public servant as well as public figures. 205728. the clear & present danger rule foundations of democratic society.This freedom can be reasonably speech consideration the values of other members of the community. is within the range of liberty of speech. speech must also be protected under the safety valve theory. the defense. holding which provides that nonviolent manifestations of dissent reduce connection between the speech & the evil apprehended. A private only be clear & present but also traceable to the ideas total suppression. Board of Education v. It must be false or with reckless disregard of whether it was false or not. danger of the substantive evil arising from the utterance  Even judicial authority cannot escape the criticism as long as such social & artistic arbiter for the people. Commission on Elections (GR punished when it "creates a dangerous tendency which the INC against other religion did not create a clear & present No. Like all rights. 599). even restriction of circulation in individual may still be subject to public comment as long as he is expressed in “clear” points. The rule is that danger created must not upon prior approval of the government. & under well- speech 1) The Clear & Present Danger Rule 2) Symbolism. January 21." It also includes the right to an criticized. From the of his political beliefs & aspiration disposition to remain loyal to the Government & obedient  Freedom of speech includes freedom after the speech.Va. whatever may be the quality of his thoughts. the Legislature. the citizen would hesitate to speak for fear he no matter how severe. o In the case of Schenk v United States. is that there be a rational Fugoso. prevent. where they wore red t-shirt as be abridged to some extent to serve appropriate & not to listen. includes commercial speech & political ideas expressed by him: that merely controls the time. tendency which could easily produce disaffection among sympathetic or acceptable to the majority. constitutional freedoms are not absolute & that they may interest of the public. moral. utter what is not in his mind." All it requires.  The censor thus assumes the unlikely role of political. The Supreme Court ordered the permit issued. of expression." Content neutral regulation regulated only but can never be taken away. Justice Malcolm said for the Court. No law shall be passed abridging the words used are in such circumstances & are of such nature public official from recovering damages for a defamatory freedom of speech.  The freedom to speak includes the right to be silent. the audience has the right to listen. the criticism made by the recent case of Diocese of Bacolod v. or of the press. for the danger requiring the prior restraint of the state. it must permit the  Freedom from subsequent punishment  Section 18 (1)." audience. it prevents people from resorting to violence. includes conduct defined standards. o The balance of interests rests on the theory that subject to the police power & may be properly regulated in the However. accepted rule was that speech may be curtailed or  In the case of Iglesiani Cristo v. Ladlad LGBT Party v. The Supreme Court held that free State has the right to prevent. 219 US 624). Perez's remarks  Scope absolutely prohibit. Article III. 2015). place or manner. this assurance. It is a question of proximity & degree. In the good for them. & "it is the liberty to utter what is in his mind also…the liberty not to might be provoking the vengeance of the officials he has the Judiciary.  Censorship conditions the exercise of the freedom of expression  The people have a right to scrutinize & commend or condemn the clear & present. The State cannot prohibit the people from hearing what  Freedom of expression is not absolute. the case of People vs. it is 3) The Balance-of-Interest Test a person has to say. Barnette case (W. & “present. This is according to the administratively charged before the Civil Service Commission prefers liberty. Without to the laws. The balancing test resolves the issue in the Supreme Court when it reversed the rejection of Comelec of the with “grave misconduct & prejudicial to the best interest of the light of the peculiar circumstances obtaining in each party-list application of registration of the LGBT in the case of Ang service. speech to be punishable. Perez (45 Phil. In that the responded could only reasonable regulate. The  Types of regulation based on the restraint upon these freedoms: their ranks.” referring to the time element.” The Court held that government workers whatever particular case. No person shall be detained solely by reason the people & a state of feeling incompatible with a articulation of even the unorthodox view. at the same time. Justice Holmes  Elements  Criticism of Official Conduct  Freedom from previous restraint or censorship formulated that the question in every case is whether the  The constitutional guarantee requires federal rule that prohibit a  Section 4. a causal connection with the unconstitutional. CA. unless the intention & effect be seditious. "criticism. the right  In the case of GSIS v Villavisa. the use of public places for the purpose against Governor-General Wood was found a seditious  Ideas that may be expressed are not confined only to those indicated. Commission of Elections (618 SCRA 32). it is not demandable against those unwilling to listen.

Fugoso (80 Phil. the Supreme Court held in Liberty Flour Mills  Any lawful agreement on property or property rights. & (c) whether the work taken as a whole  The right to access to information is incidental to the freedom of lacks serious literary. the U. right to association.  Not absolute  The right of association is recognized in Article III.It is implied. It provides that the people. the integrity of the courts & orderly functioning of the administration Constitutional Commission deemed it as advisable to have a recognizes the right of the people to information on matters of of justice. an  Assembly & Petition  As expressly provided in the 1987 Constitution. However. However.  Tests: Colored People v. said association may not be compelled to reveal the list of such information dependent upon the discretion of the said would find that the work. 3350 which exempted members of religious sectors not allowed to join associations. the Supreme Court CHAPTER 14: THE IMPAIRMENT CLAUSE  The tests of a lawful assembly should be:  No law impairing the obligation of contracts shall be passed sustained the Anti-Subversion Act for its purpose was to prohibit  Purpose test (the purpose for which the assembly is held). sexual conduct specifically defined by the applicable law Supreme Court held that the compulsion can be made if the 3) Whether the work.S Supreme Court held that the prohibiting access to information or making the disclosure of 1) Whether the average person. political. Hence.S  Conclusion  Freedom of Expression is a guarantee of the Constitution which way. transactions. In the case of People vs Ferrer. However. prevention of damage or loss of public records. lawful assemblies is only one of regulation & not prohibition. In the case of Victoriano or decisions. taken as a whole. associations or societies for purposes not contrary to law employers to require an employee to be a member of a labour . a lawyer cannot invoke as a knowledgeably & intelligently his views pertaining to public issues customary limits of candor & affronts contemporary community defense for the non-payment of IBP dues which is ad duty of every  Limitation standards of decency. The determination of the meaning of "obscenity" should  It also implies the right of confidentiality of the list of its members. appeals to the members for it would result to reprisals by those opposing to their agencies is an unlawful deprivation of the said right. Hence. as well as to government research data used as basis would find that the work. prevention of standard. Alabama. from organizing strikes against their employer.  Art & Obscenity separate section for this right so that emphasis of it can be given. It is incidental to freedom of expression for union is valid for unionism is encouraged by the policy of the & must occasionally be balanced with the requirements of equally it is more efficient & effective than a person individually doing it. in a patently offensive purpose. The Government has the right of self-preservation. the right of expression of an idea may be held liable subject to the tests of  The right of assembly & petition is equally as fundamental as association is not only guaranteed to people. artistic. the right of association is a specific right. Section 7 of the said Constitution provides that process clause as a part of person’s liberty. or scientific value  Scope: from subsequent punishment. in a patently the exception provided in Republic Act No. the Court ruled that the Constitutional Commission did not include that said right. the courts should apply the standard of the lawyer. have the right to form Association vs. Dangerous Tendency. public concerns. that a law allowing or personal. (b) whether the work depicts or describes. the Government  The freedom includes criticizing the conduct of public figures &  In Primicias vs. includes freedom from previous restraint & censorship & freedom association is organized for the purpose of committing crimes. artistic. the Constitution mandated that interest. decency & propriety. However. public employees are restricted interest speech & press are also used for assembly & petition. at the same time the power of the local officials to allow the use of public places for  Limitation distinct from. not the national automatically integrated with the other members.  In connection to this said right. Section 8 of the  Contract Hence. applying contemporary standards. Liberty Flour Mills Inc. serious injury cannot alone justify the suppression of free speech & deprivation. for artistic expression. State. this Section granted the people to have  The basic guidelines for the tried facts must be: (a) whether the access on official records pertaining to official acts. Hence. it is not absolute. sexual conduct specifically defined by the complying with their closed-shop agreements with their affecting the national security. but also to public clear & present danger. whether real employed in the public & private sectors.. taken as a whole. By passing the bar. average person applying contemporary community standards  It also implies the right not to associate.  The right of association is already comprehended in the due  Access to Information important public interests. prurient interest 2) Whether the work depicts or describes. the said Act was sustained 1987 Constitution. such as the maintenance of the  Article III. the right to assembly & petition. 71) where the respondent mayor as held in SSS Employees Association vs Court of Appeals. including those  In addition to that. Elizalde Rope Worker’s Union. in the case of Bouyant vs Zimmerman. In the case of National Association for the Advancement of exercise of the same constitutional rights by the others. Thus. or scientific value. tangible or intangible  Agreement may be executed or executory unions. though subject to the standards of decency of sought to defend his refusal to issue permit. taken as a whole. appeals to the prurient vs. it can be lawfully deprive by exercise of assembly. The rationale of this decision was that it upheld the  In determining whether the material goes substantially beyond expression because it would enable citizens to express right not to associate. the Supreme Court sustained for policy development. The guarantee of free speech is not absolute shall not be abridged. & the balancing of freedom of expression. the community exposed to it. Fear of  What is not permitted by the Constitution is its unlawful & right to access to information. undue interference of government duties & the assurance of the be done on a case to case basis. he becomes a Member of the Bar & is  Access to information can be regulated on the basis of community in which the materials is being tested. lacks serious literary.  Purpose: to safeguard the integrity of valid contractual agreements  Auspices test (the relations if the speakers) the forming of associations organized to overthrow the against unwarranted interference by the State  Right of Association government. political. police power. applicable state law. from legislative journals should be published except those information offensive way. the U. the standards for allowable impairment of & private employees. employers. However.

if created by statute. expressed. there will be impairment only if all of them some debt or obligation. & general welfare of the  Any civil obligation arising from contract. penalties imposed upon any person who. it will prevail over the contract  Freedom to contract is not absolute – all are subject to police  Envisages & effects the imposition of a penalty – deprivation of  Article II. does not interfere with the contract or impair its obligation debtor to work for him.  Impairment which they have become entitled  Anything that diminishes the efficacy of the contract  Characteristics: fortune. as long as the original rights 1) Refer to criminal matters  Peonage 2) Be retroactive in its application  A condition of enforced servitude by which the servitor is of either of the parties are changed to his prejudice. or property – not by the ordinary process of judicial conditions provided by law. real or pretended. may be modified or even abolished so at the time it was committed  EXCEPT:  Kinds: CHAPTER 17: INVOLUNTARY SERVITUDE o Where the salary has already been earned. with the result that either of the parties will be  Exceptions passage  Punishment for a crime whereof the party shall have been duly unable to enforce his rights under the original agreement  Even if the law be penal & retroactive. &  Changes the punishment and inflicts a greater one a punishment for a crime whereof the party shall have been  Alters the legal rules of evidence & receives less of different duly convicted municipal ordinances passed by local legislative bodies  To impair. in effect  Condition of one who is compelled by force. Section 4 – All citizens may be required under power & all such regulations which affect them must be subject to life. it will be deemed  Every law that makes criminal an act done before the passage  Slavery in the PH was at best only tribal  Section 18 (1) No person shall be detained solely by reason of a vested property right of the law which was innocent when done  Law  That aggravates a crime or makes it greater that when it was his political beliefs & aspirations  Statutes enacted by the national legislature. the law must retroact to affect existing contracts before testimony that the law required  Definition  Assuming to regulate civil rights & remedies only. or implied obliged to obey their parents so long as they are under parental  Includes debts obtained through fraud since no distinction is made power& to observe respect & reverence toward them always community  Remedy is a civil action only for the recovery of unpaid debt  Powers of eminent domain & taxation may validly limit the  Application  Crime  Under the RPC. safety. coercion. against his will. liberty. such exemption is considered a contract & debt is an administrative sanction & does not violate the other cannot be repealed prohibition against non-imprisonment for debt  Does not cover licenses or license agreements as these involve  Poll Tax CHAPTER 15: EX POST FACTO LAWS  Failure to pay taxes can be validly punished with imprisonment grants of privileges only that are essentially revocable. morals. EOs & administrative (2) No involuntary servitude in any form shall exist except as committed regulations promulgated under a valid delegation power. against his will to apply to actions pending & undetermined at the time of their are withdrawn. there is an 3) To the prejudice of the accused impairment  Remedial laws may be given retroactive effect & may be made restrained of his liberty & compelled to labor in liquidation of  In case of remedies. shall compel the debt through fraud – the act for which he is penalized is the one. in order impairment clause  Debtor can be validly punished in criminal action if he contracted  A lawful tax on a new subject. to render personal military change from time to time trial but by legislative fiat or civil service  All private contracts must yield to the superior & legitimate  Persons may be validly pressed into service under the posse CHAPTER 16: NON-IMPRISONMENT FOR DEBT measures taken by the State to promote public welfare – applies comitatus for the apprehension of criminals – justified under police  No person shall be imprisoned for debt or non-payment of a to special contracts power poll tax  Unemancipated minors come under the patria potestas & are  Police power to superior to the non-impairment clause in the  Debt interest of public health. & against his will to labor for another whether he  The vinculum juris of the contract – the tie that binds a party to which when done was lawful paid or not the other  Deprives persons accused of crime of some lawful protection to  Slavery  Civil relation in which one man has absolute power over the life.  Parties may be private persons only. & liberty of another  Degree of diminution is immaterial. natural or artificial. or an increased tax on an old to require or enforce the payment of a debt. it will still not be ex post  Limitations convicted facto if it does not operate to the disadvantage of the accused  A person may not as s rule be compelled to accept a public  A contract valid at the time of its execution may be legally  Bill of Attainder modified or even completely invalidated by a subsequent law –  Characteristics: appointive office – he may not refuse to do so fi the position is  S legislative act that inflict punishment without trial intended for the defense of the State proper exercise of police power. as household servant or DECEPTION he employed in securing the debt farm-laborer . or private  Where a law grants a tax exemption in exchange for a valuable  Suspension of a civil servant for failure to pay a just and admitted persons on the one h& & the government or its agencies on the consideration. or enactment  Obligation imposes a penalty or the deprivation of a right for something imprisonment. neither  No ex post facto law or bill of attainder shall be enacted  EXCEPTION: failure to pay poll tax does it include marriage contracts  Ex Post Facto Law  A specific sum levied upon every person belonging to a certain  Public office is not a property right & cannot be the subject of a  Operates retroactively to affect antecedent facts class without regard to his property or occupation contract between the incumbent & the government – the office  One that would make a previous act criminal although it was not itself.

on his initiative. basis – may be raised in an appropriate proceeding & decide custody in violation of his constitutional rights. by the authorities – provide more protection c) Duration of such: shall not exceed 60 days  Covers extrajudicial killings & enforced disappearances or d) Within 48 hours after such. it concurrence of only a majority of its Members voting jointly. by majority vote of all its Members voting jointly. indica. Section 5(3) – The SC is now expressly permitted to Constitution:  May be file dby any concerned citizen. & presumptions may be considered. liberty. or administrative bodies  To the President is entrusted the power to suspend the privilege  Writ of Amparo  Article III. the violation of the right to privacy related to the right to life. extend such measures with the o Requires concrete allegations of unjustified or unlawful  Application is filed & the court finds the petition in proper form. organization. association. which the detention CHAPTER 19: SPEEDY DISPOSITION OF CASES  Suspension of the privilege is the exception. a right or particular fact  Article VIII. so long as  Balancing Test: revoke his action – may not be set aside by the President  Determination of whether the defendant has been denied his right they leas to conclusions consistent with the admissible g) Congress may. will issue the writ as a matter of course. report his action to Congress (Informing Power) threats thereof the trial court  Mere substantial evidence is required – direct & circumstantial e) If not in session. as when there is a necessity  Calling-Out Power of the President (& how ML works) immediate family or relative of the aggrieved party a) May call out the AFP to prevent or suppress lawless violence. or security of the victim  Only the privilege to the writ may be suspended  Congress may. with the day j) Civil courts & legislative bodies shall remain open – military gathered in violation of the person’s right to privacy to justify & cause of his caption & detention courts & agencies are not conferred jurisdiction over civilians summary action against him by the government or any private  Ultimate purpose: to relieve a person from unlawful restraint where the civil courts are functioning  When Available entity k) Suspension shall apply only to persons facing charges of  Liberty of an individual may be restored where he is subjected to  Operates to protect a person’s right o control information rebellion or offenses inherent in or directly connected with physical or moral restraint – also in cases involving the rightful regarding himself invasion  Indispensable requirement: custody over a minor l) Any person arrested must be judicially charged wherewith o Substantial evidence of an actual or threatened violation of  Procedure within 3 days – otherwise he shall be released the right to privacy in life. has been CHAPTER 18: THE WRIT OF HABEAS CORPUS such within 30 days from filing salvaged without benefit of lawful trial  Directed to the person detaining another. depending on the discretion of the legislature.  Courts will be more diligent in the protection of the life. upon initiative of the President. a remedy by which a party seeks to trial same is not based on either of the two grounds enumerated in the establish a status. or security the person allegedly detained & requiring the respondent to justify be indefinite. quasi-  To make the writ of habeas corpus more efficacious  Grounds for Suspension  Both became effective in February 2008\ judicial. President shall personally or in although it may be deemed waived if not seasonably invoked before writing. Section 16 – All persons shall have the right to a  The Writs of Amparo & Habeas Data affirmation & not the limitation of liberty speedy disposition of their cases before all judicial.  Even the Ombudsman may be compelled by mandamus to resolve are limited to invasion or rebellion when the public safety showing that he is in good condition & has not been maltreated both administrative & criminal cases expeditiously requires it  Dismissal of the case for violation of this right is the general rule. a)Invasion or rebellion temporarily assign a judge from one station to another when or institution only if there is no known member of the b)When public safety requires it the public interest so requires. liberty. or rebellion ONLY & security of the deaparecido & can order the respondent to another district b) Grounds for suspension of the privilege & proclamation of ML  Implementation depends ultimately upon the SC exert more & actual effort in locating the missing person. ordering the production of same vote needed to revoke the presidential acts – extension may liberty. extend the to a speedy disposition of a case the following factors may be evidence adduced suspension or proclamation for a period determined by  Writ of Habeas Data considered & balanced: Congress if the invasion or rebellion shall continue & public  Intended to insure the human right to privacy by requiring the 1) Length of delay 2) Reasons for the delay safety requires such (based on factual basis) respondent to produce the necessary information to locate the 3) Assertion or failure to assert such right by the accused h) Actions of President & Congress are subject to review by the SC missing person or such data about him that have gathered in 4) Prejudice caused by the delay – have the authority to determine the sufficiency of the factual secret to support the suspicion that he has been taken into . evidence. for a less occupied judge to help a busier colleague in invasion. Section 14(2) – Accused shall be entitled to a speedy  The SC decidedly has the power to annul the suspension if the  A special proceeding. Congress shall convene within 24 hours  It may not be raised for the first time on appeal f) Congress. the rule being the may be dictated by the President  Article III. commanding him to produce i) Challenge may be filed by any citizen  Sought to secure destruction of such secret information the body of the prisoner at a designated time & place.