Professional Documents
Culture Documents
Bill of Rights
Bill of Rights
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 one’s
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
one’s 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 one’s 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.