EQUAL PROTECTION
Rest on substantial distinction
CONCEPT:
- All persons or things similarly situated should
be treated alike, both as to rights conferred and
responsibilities imposed. It guarantees equality,
not identity of rights. It does not forbid
discrimination as to persons and things that are
different. What it forbids are distinctions based
on impermissible criteria unrelated to a proper
legislative purpose, or class or discriminatory
legislation, which discriminates against some
and favors others when both are similarly
situated.
A.) GENERAL CONSIDERATIONS
- Question: EO 1 was issued by President Aquino
to investigate reported cases of graft and
corruption of the Arroyo Administration. Is such
action valid?
- Answer: NO. It must be borne in mind that the
Arroyo administration is but just a member of a
class, that is, a class of past administrations. It is
not a class of its own. Not to include past
administrations similarly situated constitutes
arbitrariness which the equal protection clause
cannot sanction. Such discriminating
differentiation clearly reverberates to label the
commission as a vehicle for vindictiveness and
selective retribution. (CASE #2: BIRAOGO VS
PHL TRUTH COMMISSION)
- Question: Are aliens entitled to the protection
of equal protection clause?
- Answer: As a general rule, equal protection
clause applies to all persons, both citizens and
aliens. The Constitution places the civil rights of
aliens on equal footing with those of the citizens.
However as an XPN, statutes may validly limit
exclusively to citizens the enjoyment of rights or
privileges connected with public domain, the
public works, or the natural resources of the
State.
B.) BASES FOR CLASSIFICATION
- Requisites for valid classification. The
classification must:
1.
2. Be germane to the purpose of the law
3. Not be limited to existing conditions only
4. Apply equally to all members of the same class
- Basis for classification:
1. Age
2. Gender
3. Religion
4. Economic Class
5. Ethnicity
6. Race
7. Sexual Orientation
8. Residence
9. Disability
10. Date of filing/ Effectivity of the law
C.) UNDERINCLUSIVENESS ARGUMENT
AND INVERSE EQUAL PROTECTION
D) DOCTRINE OF RELATIVE
CONSTITUTIONALITY
- The theory says that a statute valid at one time
may become unconstitutional at another, because
of altered circumstances or changed conditions
that make the practical operation of such a statute
arbitrary or confiscatory. Thus, the provisions of
that statute, which may be valid as applied to one
set of facts but invalid as applied to another,
cannot be merely compared with those applicable
under the Constitution.
From the manner in which it has been utilized in
American and Philippine jurisprudence,
however, this novel theory finds relevance only
when the factual situation covered by an assailed
law changes, not when another law is passed
pertaining to subjects not directly covered by the
former. Thus, the theory applies only when
circumstances that were specifically addressed
upon the passage of the law change. It does not
apply to changes or alterations extraneous to
those specifically addressed. (From dissenting restrictions are unconstitutional. It is to say that
opinion in the case of Central Bank vs Bangko courts must subject them to the most rigid
Sentral) scrutiny. The presumption of constitutionality is
reversed; that is, such legislation is assumed to be
- Tests in determining compliance with the
unconstitutional until the government
equal protection clause (standards of judicial
demonstrates otherwise (Central Bank vs BSP)
review):
4. INTENSIFIED MEANS TEST OR THE
1. RATIONAL BASIS TEST- Under the first
BALANCING OF INTEREST/EQUALITY
tier or the rational relationship or rational basis
TEST- Under this tier or the intensified means
test, courts will uphold a classification if it bears
test, the Court should accept the legislative end,
a rational relationship to an accepted
but should closely scrutinize its relationship to
governmental end. In other words, it must be
the classification made. There exist
rationally related to a legitimate state interest. To
classifications that are subjected to a higher or
be reasonable, such classification must be (1)
intermediate degree of scrutiny than the
based on substantial distinction that makes for
deferential or traditional rational basis test. These
real differences; (2) germane to the purposes of
classifications, however, have not been deemed
the law; (3) not limited to existing conditions
to involve suspect classes or fundamental rights;
only; and (4) equally applicable to all members
thus, they have not been subjected to the strict
of the same class.
scrutiny test. In other words, such classifications
2. INTERMEDIATE SCRUTINY TEST- it must be substantially related to a sufficiently
requires that the classification (means) must important governmental interest.
serve an important governmental objective
- Rational Basis Test (RBT) vs Scrutiny Test
(ends) and is substantially related to the
(ST)
achievement of such objective. A classification
based on sex is the best established example of 1) RBT applies to legislative classifications in
an intermediate level of review. general, such as those pertaining to economic or
social legislation, which do jot affect
3. STRICT SCRUTINY TEST- Under the this
fundamental rights of suspect classes or is not
tier or the strict scrutiny test, the Court will
based on gender or illegitimacy; while ST applies
require the government to show a compelling or
to legislative classifications affecting
overriding end to justify (1) the limitation on
fundamental rights or suspect classes
fundamental rights or (2) the implication of
suspect classes. Where a statutory classification 2) In RBT, legislative purpose must be
impinges upon a fundamental right or burdens a legitimate; while in ST, legislative purpose must
suspect class, such classification is subjected to be compelling
strict scrutiny. It will be upheld only if it is shown
3) In RBT, classification must be rationally
to be suitably tailored to serve a compelling state
related to the legislative purpose; while in ST,
interest.
classification must be necessary and narrowly
It is applied when the challenged statute tailored to achieve the legislative purpose.
either:
a. Classifies on the basis of an inherently suspect
characteristics
b. Infringes fundamental constitutional rights;
that all legal restrictions which curtail the civil
rights of a single racial group are immediately
suspect. That is not to say that all such
SEARCHES AND SEIZURES
A) GENERAL CONSIDERATIONS
Concept:
- Right against unreasonable searches and
seizures: Right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall
issue except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce,
and particularly describing the place to be
searched and persons or things to be seized.
REQUISITES OF A VALID SEARCH
WARRANT AND WARRANT OF ARREST:
1. It must be issued upon probable cause
2. The probable cause must be determined by the
judge himself and not by the applicant or any
other person
3. In the determination of probable cause, the
judge must examine, under oath or affirmation,
the complainant and such witnesses as the latter
may produce
4. The warrant issued must particularly describe
the place to be searched and persons and things
to be seized
WARRANTLESS SEARCHES
Instances of a valid warrantless search:
1. Visual search is made of moving vehicles at
checkpoints
2. Search is an incident to a valid arrest
3. Search of passengers made in airports
4. When things seized are within plain view of a
searching party (Plain View Doctrine)
Under this doctrine, objects falling in the "plain
view" of an officer, who has a right to e in the
position to have that view, are subject to seizure
and may be presented as evidence. It applies
when the ff 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 the evidence in plain view is
inadvertent; and
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
5. Stop and frisk search (Limited protective
search of outer clothing for weapons. Probable
cause is not required but a genuine reason myst
exist in light of a police officer's experience and
surrounding conditions to warrant the belief that
the person detained has weapons concealed)
6. When there is a valid express waiver made
voluntarily and intelligently
7. Customs search
8. Exigent and emergency circumstances
C) ELECTRONIC AND OTHER
SEARCHES
D) WARRANTLESS ARREST
Instances of a valid warrantless arrest:
1. In flagrante delicto- the person to be arrested
has either committed, is actually committing, or
is about to commit an offense in the presence of
the person making the arrest
2. Hot Pursuit- when an offense has in fact just
been committed and the arresting officer has
probable cause to believe, based on personal
knowledge of the facts and circumstances
indicating that the person to be arrested has
committed it.
3. Escaped Prisoner or Detainee- when the
person to be arrested is a prisoner who has
escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has
escaped while being transferred from one be free from unwarranted exploitation of one's
confinement to another person or from intrusion into one's private
activities in such a way as to cause humiliation to
4. Waiver- when the right is waived by the
a person's ordinary sensibilities.
person arrested, provided he knew of such right
and knowingly decided not to invoke it G) WRIT OF HABEAS DATA
5. Continuing Offenses- a peace officer can - To provide further protection to the people
validly conduct a warrantless arrest in crimes of against assaults on their right to privacy, the
rebellion, subversion, conspiracy or proposal to Supreme Court has also come up with the Rule
commit such crimes and crimes or offenses on the Writ of Habeas Data. The writ of habeas
committed in furtherance thereof, or in data is a remedy available to any person whose
connection therewith constitute direct assaults right to privacy in life, liberty or security is
against the State, which are in the nature of violated or threatened by an unlawful act or
continuing crimes. Since rebellion is a continuing omission of a public official or employee, or of a
offense, a rebel may be arrested at any time, with private individual or entity engaged in the
or without a warrant, as he is deemed to be in the gathering, collecting or storing of data or
act of committing the offense at any time of the information regarding the person, family, home
day or night and correspondence of the aggrieved party.
Reliefs may include the enjoining of the act
6. Arrest after escape or rescue- if a person
complained of, or the deletion, destruction, or
lawfully arrested escapes or is rescued, any
rectification of the erroneous date or information.
person may immediately pursue or retake him
without a warrant at any time and in any place
within the Phls
7. Arrest of accused out on bail- for the purpose
of surrendering the accused, the bondsman may
arrest him, or upon written authority endorsed on
a certificate copy of undertaking, cause him to be
arrested by a public officer or any other person of
suitable age and discretion
8. Arrest of accused out on bail- an accused
released on bail may be rearrested without the
necessity of a warrant, if he attempts to depart
from the Philippines without permission of the
court where the case is pending
E) EXCLUSIONARY RULE
- In the United States, the exclusionary rule is a
legal rule, based on constitutional law, saying
that evidence collected or analyzed in violation
of the defendant's constitutional rights is
sometimes inadmissible for a criminal
prosecution in a court of law.
F) PRIVACY INTERESTS
- Essence of privacy: the right to be left alone.
In context, the right to privacy means the right to